Brexit highlights—15 January 2021

Brexit highlights—15 January 2021

These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas, collated on 15 January 2021.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—MEPs welcome TCA, but insist on proper parliamentary scrutiny ‘beyond mere ratification’

Members of the European Parliament's Committees on Foreign Affairs and International Trade met to debate the EU-UK Trade and Cooperation Agreement (TCA) in a joint meeting on 14 January 2021. Compared to the alternative no-deal outcome, MEPs are said to have welcomed the TCA as a ‘good solution, albeit thin’, but have insisted on proper parliamentary scrutiny, stressing that scrutiny of the deal ‘must go beyond mere ratification’. MEPs are pushing for a clear role for Parliament in the implementation and future monitoring of the TCA and associated arrangements, supported by thorough access to information and close dialogue between the European and UK Parliaments on future EU-UK relations.

See: LNB News 13/01/2021 117 and LNB News 14/01/2021 83.

Brexit Bulletin—traders urged to prepare as border traffic rises

Towards the end of the Brexit transition period, the government warned of inevitable disruption associated with new trade and customs rules and procedures for UK/EU trade. Reiterating this message, Chancellor of the Duchy of Lancaster, Michael Gove, has issued a release urging traders to ensure they are fully prepared as traffic at the GB-EU border begins to return to ‘normal’ levels after the festive period.

See: LNB News 08/01/2021 78.

Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

UK businesses face inevitable shifts in supply chains as traders learn how best to navigate new tariff rules for Northern Ireland, which sits awkwardly between the EU and UK markets under the EU-UK Trade and Cooperation Agreement (TCA). The effect could become more pronounced as the UK diverges from EU trade policy, possibly eventually moving Northern Ireland closer economically to the EU market.

See News Analysis: Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains.

EU Environment Committee seeks views on UK-EU relations in a number of areas

The EU Environment Sub-Committee has announced it will be holding an inquiry on the EU-UK Trade Cooperation Agreement (TCA) in relation to energy, environment, health, food trade, agriculture, fishing, climate change and chemicals. The Committee aims to scrutinise the provisions in the TCA, go through any challenges that arise and possible solutions, and determine where the UK-EU relations should go from here. The deadline for submitting evidence to the inquiry is 4 pm on 5 February 2021.

See: LNB News 11/01/2021 63.

Global Health Insurance Card for travelling in the EU launched

The Department of Health and Social Care (DHSC) has launched the UK’s new Global Health Insurance Card (GHIC) as part of the UK's deal with the EU, which all UK residents are eligible to apply for free from 11 January 2021. The GHIC will eventually replace the existing European Health Insurance Cards (EHIC) but EHICs will continue to be valid up until their individual expiry dates. Thus UK residents only need to apply for GHIC once their EHIC has expired. Both cards offer UK residents’ rights to ‘emergency and medically necessary healthcare needs when in the EU on a temporary stay.’ GHIC covers state-provided healthcare at a ‘reduced cost or, in many cases, free of charge, until your planned return home’. DHSC states that the UK will continue co-operating with the EU on healthcare for UK residents and EU Member State EHICs shall continue to be welcomed by the NHS.

See: LNB News 11/01/2021 85.

Brexit feature analysis

Retained EU law—a guide for the perplexed

In the first analysis in this series on ‘EU Relations Law’, Jack Williams of Monckton Chambers explains ‘retained EU law’, as introduced into domestic law at the end of the Brexit transition period by the European Union (Withdrawal) Act 2018 (EU(W)A 2018).

See News Analysis: Retained EU law—a guide for the perplexed.

Relevant separation agreement law—a guide for the perplexed

In the second analysis in this series on ‘EU Relations Law’, Jack Williams of Monckton Chambers explains ‘relevant separation agreement law’, as introduced into domestic law at the end of the Brexit transition period by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).

See News Analysis: Relevant separation agreement law—a guide for the perplexed.

Relevant relationship agreement law—a guide for the perplexed

In the third analysis in this series on ‘EU Relations Law’, Jack Williams of Monckton Chambers explains how the EU-UK Trade and Cooperation Agreement is implemented into domestic law via the European Union (Future Relationship) Act 2020.

See News Analysis: Relevant relationship agreement law—a guide for the perplexed.

Brexit legislation updates

This section contains Brexit news headlines relating to Brexit-related primary legislation and legislative preparation for Brexit generally.

Brexit Bulletin—government responds to committees’ reports on UK Internal Market Act

The Constitution Committee has published the government’s response to its report on the United Kingdom Internal Market Bill (now the United Kingdom Internal Market Act 2020). The inquiry was established to consider the constitutional implications of the legislative proposal, focussing in particular on its impact on devolution and the rule of law in the UK. In its report, the Committee concluded that the legislation was unprecedented in facilitating breaches of international law, undermining UK domestic law, rule of law and devolution settlements. In its response, the government notes that the key issues identified by the Committee have been considered in the development of the government’s policy, with legal concerns raised upon its introduction addressed. Meanwhile, the Human Rights Joint Committee has also published the government’s response to its report on the then UK Internal Market Bill, making similar points. As the government begins to implement the UK Internal Market Act 2020, continued engagement with businesses, academics, parliamentarians and the devolved administrations is anticipated.

See: LNB News 14/01/2021 102.

FMLC’s letter to HM Treasury on the Financial Services Bill 2019–21 and financial collateral and benchmarks

The Financial Markets Law Committee (FMLC) has published a letter to HM Treasury on the Financial Services Bill 2019-21, and UK regulations on financial collateral and benchmarks. In particular, the FMLC proposes amendments to clause 36 of the Bill to ensure that the retroactive application of Financial Collateral Arrangements (No. 2) Regulations 2003 is effective. The FMLC also highlights uncertainties surrounding, for instance, the concept of ‘Transition LIBOR’ which is set out in the ‘onshored’ UK version of the Benchmarks Regulation.

See: LNB News 14/01/2021 64.

Brexit SIs and sifting updates

This section contains updates on the latest final and draft Brexit SIs laid in Parliament, plus updates on proposed negative Brexit SIs laid for sifting.

Made Brexit SIs laid in Parliament

Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc) (Wales) (EU Exit) Regulations 2020

SI 2020/1556: This enactment is made in exercise of legislative powers under the EU(W)A 2018, and the Agriculture Act 2020 in preparation for IP completion day. This enactment amends six pieces of Welsh secondary legislation, and eight retained direct EU legislation in relation to direct payments to farmers and rural affairs. It came into force in part on 17 December 2020, and in full on IP completion day.

See: LNB News 12/01/2021 59.

Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2020

SI 2020/1249: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment amends one piece of Welsh secondary legislation in relation to fisheries and marine management in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the EU. It came into force immediately before IP completion day.

See: LNB News 12/01/2021 12.

Sanctions (Overseas Territories) (Amendment) Order 2020

SI 2020/1582: Provisions are made to amend the Global Human Rights Sanctions (Overseas Territories) Order 2020 in order to revise the modifications to be made to the Global Human Rights Sanctions Regulation in their extension to the British overseas territories. This Order comes into force immediately after the Sanctions (EU Exit) (Miscellaneous Amendments) (No 3) Regulations 2020 have come into force in the UK.

See: LNB News 13/01/2021 24.

Syria (United Nations Sanctions) (Cultural Property) (Overseas Territories) Order 2020

SI 2020/1562: This enactment is made in exercise of legislative powers under the Sanctions and Anti-Money Laundering Act 2018 in preparation for IP completion day. This enactment amends one piece of UK primary legislation and one piece of UK secondary legislation in relation to sanctions. It came into force on IP completion day.

See: LNB News 12/01/2021 63.

Draft Brexit SIs laid in Parliament

Draft Cat and Dog Fur (Control of Movement etc) (EU Exit) Regulations 2021

SI 2021/Draft: This draft enactment is laid in exercise of legislative powers under the EU(W)A 2018 in connection with IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation and one piece of retained direct EU legislation in relation to cat and dog fur. It comes into force on the day after the day on which these Regulations are made.

See: LNB News 13/01/2021 36.

Draft Brexit SIs laid for sifting and sifting committee recommendations

Brexit SI Bulletin—latest drafts and sifting committee reports, 15 January 2021

The Commons European Statutory Instruments Committee (ESIC) and the Lords Secondary Legislation Scrutiny Committee (SLSC) are responsible for the sifting process under the EU(W)A 2018. These committees scrutinise proposed negative Brexit SIs and make recommendations on the appropriate parliamentary procedure before the instruments are laid in Parliament. This bulletin outlines the latest updates and recommendations, collated on 15 January 2021.

See News Analysis: Brexit SI Bulletin—latest drafts and sifting committee reports, 15 January 2021.

Brexit SI Bulletin—drafts laid for sifting on 11 January 2021

Under EU(W)A 2018, before certain statutory instruments are formally laid in Parliament, they have to go through a preliminary sifting process to determine the appropriate parliamentary procedure. The latest draft Brexit SIs laid for sifting are reported here. Subjects covered include amendments to legislation in the fields of social fund funeral expenses payments and food information to consumers to address deficiencies in retained EU law.

See News Analysis: Brexit SI Bulletin—drafts laid for sifting on 11 January 2021.

Post-Brexit transition guidance

Legal practice—post-Brexit transition guidance from Ministry of Justice

The Ministry of Justice has refreshed the webpage that outlines guidance for legal professionals. The guidance within the refreshed webpage is not new, but the page is worth noting for future reference and bookmarking. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 89.

Cross-border insolvencies—post-Brexit transition guidance from the Insolvency Service

Subjects covered in this guidance include information regarding the applicable insolvency frameworks in the different EU Member States, particularly concerning seven of the UK’s most significant EU trading partners by volume of trade. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 15/01/2021 25.

Declaring goods using CHIEF (NI)—post-Brexit transition guidance from HMRC

The HMRC has published updated guidance for traders using CHIEF for declaring goods into or out of Northern Ireland. Subjects covered in this guidance include information about when HMRC will notify users they must stop using CHIEF. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 27.

Exporting wild caught marine fishery products to EU—post-Brexit transition guidance from Marine Management Organisation

The Marine Management Organisation has published updated guidance for fishing and seafood businesses. Subjects covered in this guidance include administrative matters, particularly regulatory controls that need to be followed, step by step guide to exporting fish and seafood products to the EU, and a checklist for those landing their catch directly into the EU. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 31.

Exporting active substances manufactured in Great Britain—post-Brexit transition guidance from MHRA

Subjects covered in this guidance include information on exporting active substances manufactured in Great Britain (GB) for use in European Economic Area and Northern Ireland (NI) and how the ‘Written Confirmation’ process works for active substances manufactured in GB. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 13/01/2021 80.

F gas and ODS exports rejected at EU BCP—post-Brexit transition guidance from Environment Agency

Subjects covered in this guidance include what to do if fluorinated (F) gas and ozone-depleting substances (ODS) exports are rejected at an EU border control post (BCP). While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/01/2021 24.

Family disputes—Brexit transition guidance reissued post-IP completion day

Subjects covered in this guidance include information for people involved in UK-EU cross-border family law disputes from 1 January 2021, including disputes about parental responsibility and maintenance. While the Brexit transition/implementation period ended at 11pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 13/01/2021 26.

Fishing opportunities for British fishing boats—post-Brexit transition guidance from Defra

The Department for Environment, Food and Rural Affairs (Defra) has published new guidance for British fishing boats. Subjects covered in this guidance include fishing opportunities in 2021 for British fishing boats for certain fish stocks and group of fish stocks. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 90.

Guidance on export controls—Brexit transition guidance reissued post-IP completion day

Subjects covered in this guidance include changes to export control legislation and licensing. The guidance within the refreshed webpages may not necessarily be new but the pages are worth noting for future reference and bookmarking. Some of the guidance contains simple updates and reference amendments to reflect the end of the transition period having occurred. Some of the guidance published post-IP completion day may also contain substantive updates to reflect changes taking effect in light of the EU-UK Trade and Cooperation Agreement (and related arrangements). Further guidance may be issued, so stakeholders are advised to monitor these pages for updates.

See: LNB News 08/01/2021 48.

Importing and exporting goods between Great Britain and the EU—post-Brexit transition guidance from HMRC

Subjects covered in this guidance include information for traders on importing and exporting goods between Great Britain and the EU. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 12/01/2021 33.

Movement of goods from NI to rest of UK—post-Brexit transition guidance from HMRC

Subjects covered in this guidance include information about what to do for goods that started their journey in the EU and were declared for export in an EU country and then leave NI. While the Brexit transition/implementation period ended at 11pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 13/01/2021 93.

NHS overseas visitors charging regulations—post-Brexit transition guidance from the DSHC

Subjects covered in this guidance include updated information on access to healthcare for EU citizens, reflecting the terms of the UK-EU Trade and Cooperation Agreement on reciprocal healthcare arrangements. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 13/01/2021 112.

Notice 60: Intrastat general guide—Brexit transition guidance reissued post-IP completion day

Subjects covered include Intrastat declarations which continue to apply for goods moved between Northern Ireland and the EU from 1 January 2021. The guidance within the refreshed webpages may not necessarily be new but the pages are worth noting for future reference and bookmarking. Some of the guidance contains simple updates and reference amendments to reflect the end of the transition period having occurred. Some of the guidance published post-IP completion day may also contain substantive updates to reflect changes taking effect in light of the EU-UK Trade and Cooperation Agreement (and related arrangements). Further guidance may be issued, so stakeholders are advised to monitor these pages for updates.

See: LNB News 13/01/2021 87.

Nutrition and health claims on foods—post-Brexit transition guidance from DHSC

Subjects covered in this guidance include updates to the guidance notes on Regulation (EC) 1924/2006 compliance, and a new section 1 to reflect process changes. While the Brexit transition/implementation period ended at 11 pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/01/2021 82.

Nutrition legislation—post-Brexit transition guidance from DHSC

The Department of Health and Social Care has published updated guidance for food businesses. Subjects covered in this guidance include complying with nutritional legislation, further information on notification procedures, the addition of a section on substances that can be added to the Union list and updated links. While the Brexit transition/implementation period ended at 11pm on 31 December 2020 (IP completion day), the government continues to issue new and updated Brexit webpages and guidance documents on the associated legal and practical changes. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 57.

Ongoing customs movements and procedures—Brexit transition guidance reissued post-IP completion day

Subjects covered include moving goods from GB to NI from 8 January 2021. The guidance within the refreshed webpages may not necessarily be new but the pages are worth noting for future reference and bookmarking. Some of the guidance contains simple updates and reference amendments to reflect the end of the transition period having occurred. Some of the guidance published post-IP completion day may also contain substantive updates to reflect changes taking effect in light of the EU-UK Trade and Cooperation Agreement (and related arrangements). Further guidance may be issued, so stakeholders are advised to monitor these pages for updates.

See: LNB News 11/01/2021 66.

Beyond Brexit

Beyond Brexit—HMRC advises on UK integrated tariff schedule

HM Revenue & Customs (HMRC) has published a tax information and impact note concerning the UK’s integrated tariff schedule. The impact note details the rules for the classification of goods and the approach for determining the tariff applicable to those goods.

See: LNB News 14/01/2021 8.

Beyond Brexit—updated guidance on trade with Singapore

The Department for International Trade (DIT) has published updated guidance for UK businesses that trade with Singapore. Subjects covered in this guidance include trade in services, trade in good and government procurement. Further guidance may be issued post-IP completion day, so stakeholders are advised to monitor these pages for updates.

See: LNB News 14/01/2021 96.

WTO—statement by DDG addressing calls for WTO reform

The World Trade Organization (WTO) has published a statement by its Deputy Director-General (DDG), Alan Wolff, in light of demands for reform of the WTO. DDG Wolff considers structural reforms, such as improving accountability in dispute settlement, and how to enhance the WTO’s function as a negotiator and decision-maker.

See: LNB News 15/01/2021 26.

Editor's picks—the practice area/sector view

This section contains key Brexit news hand-picked by Lexis®PSL lawyers from their own practice areas.

Commercial

UK businesses warn of trade, supply chain disruptions under EU-UK Trade and Cooperation Agreement

UK businesses face severe problems and ‘significant re-engineering’ of supply chains as they struggle to adapt to the EU-UK Trade and Cooperation Agreement (TCA), with ‘enforcers as clueless about the provisions of the deal as those who are operating under it’, business leaders warned MPs on 13 January 2021. Figures from the food, retail and manufacturing sectors warned that companies had no time to read and adapt to the new rules over the Christmas break.

See News Analysis: UK businesses warn of trade, supply chain disruptions under EU-UK Trade and Cooperation Agreement.

For further updates from Commercial, see: Commercial weekly highlights—overview.

Corporate

AFME publishes post-implementation period wording for selling restrictions in equity transaction documentation (EEA and UK)​

The Association for Financial Markets (AFME) has published wording setting out the selling restrictions for equity transactions for use in documentation for offerings or admissions taking place from 1 January 2021 onwards, after the end of the implementation period following the end of the UK's withdrawal from the EU. The AFME wording comprises separate EEA selling restriction wording and UK selling restriction wording.

In each case, the wording replaces the versions which took effect from 1 February 2020 at the outset of the implementation period. The AFME selling restriction wording has been drafted on the basis that the implementation period has ended. However, AFME will continue to monitor any relevant developments and policy of the UK government and review whether any changes to the selling restrictions may be required.

See: LNB News 12/01/2021 56.

For further updates from Corporate, see: Corporate weekly highlights—overview.

Corporate Crime

The EU-UK Trade and Cooperation Agreement—law enforcement and judicial co-operation

Dr Debbie Sayers, associate at Peters & Peters LLP considers the implications for ​​law enforcement and judicial co-operation in criminal matters​ in relation to Part 3 of the EU-UK Trade and Cooperation Agreement (TCA).

See News Analysis: The EU-UK Trade and Cooperation Agreement—law enforcement and judicial co-operation.

How will Brexit hinder law enforcers? Let us count the ways

The TCA allows co-operation on policing and security, but lawyers warn the TCA contains huge gaps that could hinder cross-border investigations into money laundering and other economic crime.

See News Analysis: How will Brexit hinder law enforcers? Let us count the ways.

For further updates from Corporate Crime, see: Corporate Crime weekly highlights—overview.

Dispute Resolution

Continued recognition of civil judgments between the UK and Norway

Angharad Parry of Twenty Essex considers the current position as to the recognition and enforcement of judgments for cases in which, prior to IP completion day, this would have been achieved under the Lugano Convention 2007—since that date the UK is no longer a contracting party. A particular emphasis is placed on considering the agreement between the UK and Norway.

See News Analysis: Continued recognition of civil judgments between the UK and Norway.

For further updates from Dispute Resolution, see: Dispute Resolution weekly highlights—overview.

Employment

National Insurance and social security—Brexit transition guidance reissued post-IP completion day

Following the end of the Brexit transition/implementation period at 11 pm on 31 December 2020 (IP completion day), the government has been reissuing a number of Brexit webpages and guidance documents, collating existing stakeholder and sectoral guidance on legal and practical changes taking effect from 1 January 2021. Subjects covered include adding countries who have agreed to apply the ‘detached worker’ rules on social security to workers coming to the UK temporarily from the EEA or Switzerland and vice versa. The guidance within the refreshed webpages may not necessarily be new but the pages are worth noting for future reference and bookmarking. Some of the guidance contains simple updates and reference amendments to reflect the end of the transition period having occurred. Some of the guidance published post-IP completion day may also contain substantive updates to reflect changes taking effect in light of the EU-UK Trade and Cooperation Agreement (and related arrangements). Further guidance may be issued, so stakeholders are advised to monitor these pages for updates.

See: LNB News 07/01/2021 32.

For further updates from Employment, see: Employment weekly highlights—overview.

Energy

Brexit deal can ‘mitigate’ less-efficient UK energy trade, EU official says

EU-UK trade in gas and electricity is set to be ‘less efficient’ in the wake of Brexit, according to comments made by a European Commission on 14 January 2021. But the trade deal negotiated with London should help ‘mitigate’ the impact, Tadhg O’Briain, from the EU executive’s energy department, told the European Parliament’s Industry, Research and Energy Committee.

See News Analysis: Brexit deal can ‘mitigate’ less-efficient UK energy trade, EU official says.

For further updates from Energy, see: Energy weekly highlights—overview.

Environment

ECHA advises firms to complete transfer of UK registrations to EU by 31 March 2021

The European Chemicals Agency (ECHA) has announced that the transfer of UK Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH) registrations to the EU must be completed by the end of March 2021. ECHA estimates that 20% of REACH registrations in the UK have not yet been transferred to the EU. To complete ongoing transfers, ECHA advises EU companies receiving UK registrations to accept transfers as soon as possible. ECHA warns that if the transfer is not finalised by 31 March 2021 it will be cancelled and the registration revoked.

See: LNB News 11/01/2021 12.

For further updates from Environment, see: Environment weekly highlights—overview.

Financial Services

EIOPA confirms MoUs with PRA, FCA and the Pensions Regulator

The European Insurance and Occupational Pensions Authority (EIOPA) published details of memoranda of understanding (MoUs) with the Prudential Regulation Authority (PRA), the Financial Conduct Authority (FCA) and the Pensions Regulator, which took effect on 1 January 2021 at the end of the Brexit transition period. 

See: LNB News 08/01/2021 28.

ESMA publishes post-Brexit transition transparency calculations update

The European Securities and Markets Authority (ESMA) published its first Financial Instruments Transparency System (FITRS) file following the end of the Brexit transition period. The equity transparency calculation results delta file (DLTECR) published by ESMA contains updated transparency calculation results for equity instruments which previously had a UK venue as the most relevant market.

See: LNB News 11/01/2021 29.

For further updates from Financial Services, see: Financial Services weekly highlights—overview.

Information Law

ICO updates FAQs on information rights following Brexit implementation period

The Information Commissioner’s Office has published updated FAQs on information rights following the end of the Brexit implementation period.

See: LNB News 08/01/2021 20.

For further updates from Information Law, see: Information Law weekly highlights—overview.

Local Government

Defra updates food labelling requirements for goods sold in GB and NI

The Department for Environment, Food and Rural Affairs (Defra) has updated its guidance on food labelling requirements to include changes brought about by Brexit, following IP completion day. Defra has indicated that any required labelling changes for goods sold in Great Britain (GB) must be made by 30 September 2022, while under the Northern Ireland Protocol to the Withdrawal Agreement, goods sold in Northern Ireland (NI) will continue to follow EU rules for food labelling, with changes applying from 1 January 2021.

See: LNB News 12/01/2021 15.

For further updates from Local Government, see: Local Government weekly highlights—overview.

Planning

Speech by EA Chief Executive on their hopes for environmental regulations

The Environment Agency has published a speech by Chief Executive of the Environment Agency, Sir James Bevan, which was made on 13 January 2021. In the speech, Bevan outlined his hopes for the future of environmental regulation. Bevan emphasised the importance of having good regulations in place as a safeguard for safety and highlighted the positive impact they have had on improving land, water and air quality. Bevan then proceeded to discuss the future of environmental regulation, insisting on the need for a delicate balance between the removal of ‘red tape’, to facilitate growth, and the upholding of robust regulations, to ensure the environment continues to be protected.

See: LNB News 13/01/2021 60.

For further updates from Planning, see: Planning weekly highlights—overview.

Public Law

Brexit—the end of public procurement rules or business as usual?

The UK exited the EU on 31 January 2020. The transition period in the Withdrawal Agreement ended on 31 December 2020. Existing EU Treaties, EU free movement rights and the general principles of EU law now no longer apply in relation to the UK. EU regulations only continue to apply in UK domestic law (by virtue of the European Union (Withdrawal) Act 2018) to the extent that they are not modified or revoked by regulations under that Act. The EU and the UK negotiating teams have agreed the terms of a detailed post-Brexit Trade and Cooperation Agreement (TCA) which has been given provisional effect from 1 January 2021. Chris Murray, Stuart Cairns and Claire Gamage of Bird & Bird LLP set out the implications of Brexit on public procurement, now that the transition period has ended.

See News Analysis: Brexit-the end of public procurement rules or business as usual?

For further updates from Public Law, see: Public Law weekly highlights—overview.

Tax

The Trade and Cooperation Agreement—implications for business tax

Susie Brain, senior knowledge lawyer at Norton Rose Fulbright, discusses the implications of the Trade and Cooperation Agreement (TCA) for business tax.

See News Analysis: The Trade and Cooperation Agreement—implications for business tax.

For further updates from Tax, see: Tax weekly highlights—overview.

Latest Q&As

● How is the EU-UK Trade and Cooperation Agreement implemented in UK law, and how does this impact domestic statutory interpretation?

● How does Brexit effect forum shopping for corporates and bankruptcy tourism for individuals?

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Useful information

Please feel free to contact the Lexis®PSL team with your comments, queries or suggestions: Contact us.

● Tariffs trap: In this article, Richard Asquith sounds alarm bells over supply chains operating through the UK to the EU falling foul of the tariff exemption under the EU-UK Trade and Cooperation Agreement, namely retail and ecommerce. See: Taxation, 14 January 2021, 12

● The Rule of Law—In Transition? In this article, Simon Parsons, formerly associate professor of Law at Solent University, reflects on the UK Internal Market Bill and attempts to exclude judicial review for errors of law. See: 171 NLJ 7916, p15

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About the author:
Holly joined LexisNexis in July 2014 and works primarily on the PSL Public Law module. Holly read law at university and qualified as a solicitor in private practice. Before starting her legal career, she gained experience working in local government and spent a year studying politics. Prior to joining LexisNexis, Holly worked in the Global Technology and Sourcing team at BP, supporting a variety of global procurement and compliance projects. Upon joining LexisPSL, she worked in the Commercial and LexisAsk teams before assisting with the development and launch of the PSL Public Law module. Holly looks after a number of core public law subject areas, including Brexit.