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Old 21st Apr 2017, 09:04   #6961
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Originally Posted by Mankz View Post
Lets think on that, technically we own a share of anything the EU owns...
<Snip>
Yea my mistake, I edited it as i was reading about it.
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Old 21st Apr 2017, 09:59   #6962
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Originally Posted by loftie View Post
I agree the bill should be priced in but I'm not sure I agree with paying for the relocation of agencies. If we lobbied for those agencies, then I can kinda understand, but either way at most I think the cost should be split between all.
Of course the bill will be in , it is being written in a country that has the as the official currency after all.

It would be stupid to ask us to pay for relocating the agencies, I'd say relocate them to whoever is willing to pay for the relocation.
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Old 21st Apr 2017, 10:41   #6963
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Not how it works. When the UK lobbied for those EU agencies to be based in London, it took on the responsibility for, well, hosting them. Now all of a sudden it Brexits and de facto withdraws from its hosting role. That incurs moving costs which it is partly responsible for creating.
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Old 21st Apr 2017, 11:06   #6964
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Originally Posted by Nexxo View Post
Not how it works. When the UK lobbied for those EU agencies to be based in London, it took on the responsibility for, well, hosting them. Now all of a sudden it Brexits and de facto withdraws from its hosting role. That incurs moving costs which it is partly responsible for creating.
Is that written in a legally binding document?

They could theoretically still function while based in the UK, even with us out of the EU, therefore onus to relocate wouldn't fall on us.
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Old 21st Apr 2017, 11:14   #6965
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Those costs should, in the end, fall in whatever EU country wins the agencies.
UK position of wanting to keep them is absurd.
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Old 21st Apr 2017, 11:46   #6966
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Originally Posted by Mankz View Post
Is that written in a legally binding document?
I highly doubt it as the EU never envisioned a nation would start blasting away at its own feet, until the UK lobbied to create a legal way to exit the union, something that despite claims of the EU being undemocratic, authoritarian, and other such things, the EU democratically agreed to incorporate into an EU treaty.

Of course being that Article 50 was proposed by the UK and our typical half arsed way of doing things we never expanded on Article 50 beyond the most basic "Any Member State may decide to withdraw from the Union"

Ultimately everything that's not written down in a legally binding document is something that both parties will try to reach an amicable solution to in the negotiations, if an amicable solution can't be reach or one party says up your then it will be down to the courts to decide.

Last edited by Corky42; 21st Apr 2017 at 12:29.
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Old 21st Apr 2017, 12:05   #6967
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Originally Posted by Mankz View Post
Is that written in a legally binding document?

They could theoretically still function while based in the UK, even with us out of the EU, therefore onus to relocate wouldn't fall on us.
How could they function in UK ? Will UK guarantee free and automatic visa for each and every visitor to those organizations ? No, they can't. And thus EMA/EBA can't be in non-EU UK either.
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Old 21st Apr 2017, 12:40   #6968
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Originally Posted by faugusztin View Post
How could they function in UK ? Will UK guarantee free and automatic visa for each and every visitor to those organizations ? No, they can't. And thus EMA/EBA can't be in non-EU UK either.
They could function 'theoretically' because there isn't anything that says they cant.

Again, the onus would fall on the EU to organise the relevant passage to allow people to get there.

They will obviously relocate, but nothing says the UK has to help or to pay for it.
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Old 21st Apr 2017, 12:49   #6969
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Originally Posted by Mankz View Post
They could function 'theoretically' because there isn't anything that says they cant.
No, they couldn't. After brexit, UK could have laws which would contradict EU laws. It could have travel bans like Trump did, which might make problems for visitors, from let's say Iran.

And finally, EMA and EBA are EU agencies, thus belong under ECJ. That is one of the first things Brexit people want to throw out of window.

So no, EMA/EBA in UK after Brexit is not possible.
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Old 21st Apr 2017, 13:13   #6970
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Originally Posted by faugusztin View Post
No, they couldn't. After brexit, UK could have laws which would contradict EU laws. It could have travel bans like Trump did, which might make problems for visitors, from let's say Iran.

And finally, EMA and EBA are EU agencies, thus belong under ECJ. That is one of the first things Brexit people want to throw out of window.

So no, EMA/EBA in UK after Brexit is not possible.
You're mistaking what 'could happen' with what legally 'can' happen.

There is nothing that legally says the entities cannot be in a country that has left the EU. If any of the above does happen, then that is fundamentally not the UK's fault, it would be on the EU for not relocating their agencies.

I am in no way saying that they should stay here, im simply saying its not on the UK to pay for the relocation, because, as with most of this, no one bothered to put any framework in for what might happen if someone decides to leave.
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Old 21st Apr 2017, 13:15   #6971
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Quote:
Originally Posted by Mankz View Post
They could function 'theoretically' because there isn't anything that says they cant.
The UK would have to exempt from being subject to UK law (since UK law is certain to become incompatible with EU law the second we are actually out).

While technically possible (we already do that with embassies) it would be political suicide for any UK political party to even suggest it.
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Old 21st Apr 2017, 13:23   #6972
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Originally Posted by Mankz View Post
There is nothing that legally says the entities cannot be in a country that has left the EU. If any of the above does happen, then that is fundamentally not the UK's fault, it would be on the EU for not relocating their agencies.
INAL but wouldn't jurisdiction legally prevent it?
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Old 21st Apr 2017, 13:25   #6973
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The only way it could stay in UK in any form if the area bellow them would be gifted to one of the EU member state and declared an embassy. Which in case of EBA might be a pretty big problem, considering it is only few floors (or maybe just one) in a building.
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Old 21st Apr 2017, 13:27   #6974
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INAL but wouldn't jurisdiction legally prevent it?
Only if it was written into the Statute.
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Old 21st Apr 2017, 13:35   #6975
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Like i said INAL so feel free to explain how that would work.
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Old 21st Apr 2017, 13:45   #6976
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It doesn't matter where any of the people meet to conduct their business. Hence it would be absolutely no problem to have the agencies still be in the UK, allthough the things discussed there don't apply to it's host country. Happens all the time throughout the world that meetings are hosted in foreign countries.
So yeah, it would absolutely work to have EU-agencies in the UK allthough the UK isn't a member anymore.

And now explain why this won't work
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Old 21st Apr 2017, 13:53   #6977
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Again. Jurisdiction. EMA and EBA belong under jurisdiction of ECJ. UK's primary target for Brexit is getting out of ECJ jurisdiction. Result = imposibility of EMA/EBA being in a country not under ECJ jurisdiction.
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Old 21st Apr 2017, 14:03   #6978
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Originally Posted by faugusztin View Post
Again. Jurisdiction. EMA and EBA belong under jurisdiction of ECJ. UK's primary target for Brexit is getting out of ECJ jurisdiction. Result = imposibility of EMA/EBA being in a country not under ECJ jurisdiction.
That's of no interest if the UK is under the same jurisdiction or not. If the EU agrees the UK can host as many EU-agencies as they want even if they don't fall under the same jurisdiction.

This happens all the time that international treaties are hosted in foreign countries. Usually to meet on neutral grounds.

Alot of people want it not to be possible for whatever reasons you can up with so that there is a problem that needs to be solved, as without these artificially created problems people would have nothing to bitch about.

These agencies are only meeting-places, nothing else. And it's of no interest where they are located to begin with.
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Old 21st Apr 2017, 14:04   #6979
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Again. Jurisdiction. EMA and EBA belong under jurisdiction of ECJ. UK's primary target for Brexit is getting out of ECJ jurisdiction. Result = imposibility of EMA/EBA being in a country not under ECJ jurisdiction.
Which directly puts the onus on the EU to move it.
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Old 21st Apr 2017, 14:38   #6980
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Which directly puts the onus on the EU to move it.
Or on UK, because it is UK who is leaving ECJ jurisdiction. It can be spun in any way.

@jrs77: EMA/EBA are not only "meeting places".
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