By mid-October, it appeared that the negotiations had all but failed. In a press release issued after the European Council (Heads of Government) on 15 October, the Council said that “progress on key issues of interest to the Union is still not sufficient to reach an agreement” and “calls on the United Kingdom to take the necessary steps to reach an agreement”.  The next day, the British government replied that there would be “no more trade and security negotiations if the EU did not adopt a fundamental change” and that the UK would prepare for trade under WTO terms.  “The trade negotiations are over – [the EU] effectively ended them yesterday by saying they did not want to change their negotiating position,” a spokesperson told the Guardian.  On the same day, the British negotiator Frost withdrew his invitation to Barnier for the tenth round of talks that would begin on 19 October in London, but they will keep the channels of communication open.  After a week that theGuardian described as “theatricality,” negotiations resumed on 22 October.  In summary, on the state of the negotiations at the end of the month, the Financial Times journalist wrote that “those involved in the negotiations stated that intensive discussions in London earlier this week had made considerable progress in drafting the treaty text, but that real progress on the outstanding issues remained difficult to find.”  On 18 October, seventeen professional associations, including the Confederation of British Industry, intervened to push the parties to an urgent agreement: “From sectors ranging from the automotive industry to aviation, to the chemical industry, through the creative industries, agriculture and the food industry, to pharmaceuticals, the guarantee of a rapid agreement is of great importance for jobs and livelihoods.”  The bill was published on September 9, 2020 with explanatory notes. The following day, on Thursday 10 September 2020, the Vice-President of the EU-UK Joint Committee, EU Commissioner Maroé Efsovic, at an extraordinary meeting in London, raised the EU`s concerns with Michael Gove and said that the adoption of the law “would constitute an extremely serious violation of the withdrawal agreement and international law”.  The EU has called for the law to be withdrawn before the end of September, adding that “the European Union will not be reluctant” to use mechanisms and remedies to remedy violations of the legal obligations contained in the Brexit withdrawal agreement.  Gove stated that it had been “perfectly clear” that the United Kingdom would not withdraw the bill, which commentators said could mean the end of trade negotiations.  On November 8, Johnson stated that the broad outlines of an agreement were clear and that an agreement had to be reached.  In the final phase, after the European Parliament has given its compliant opinion, the Council adopts the decision on the conclusion of the agreement. The European Court of Justice has ruled that the provisions relating to arbitration between the investor state (including a special tribunal under some free trade agreements) fall within the shared jurisdiction between the European Union and its Member States and that, for this reason, their ratification should be authorised by both the EU and each of the 28 Member States.
 More than three hundred free trade agreements are currently in force at the international level, covering about one third of international trade.