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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 28 August 2020.
As the summer draws to a close and the end of the Brexit transition period approaches, lawyers are starting to re-focus on what that means for legal practice. We are continuing to engage with the legal market on the key issues and priorities regarding preparations for the end of the Brexit transition and beyond. Please answer our short survey to have your say.
See: LNB News 28/08/2020 5.
This section contains key overarching Brexit news headlines.
The Department for Business, Energy & Industrial Strategy is calling for evidence regarding the UK’s approach to the recognition of professional qualifications and the regulation of professions. The domestic regime governing professional regulation is partially derived from EU law. Once the transitional arrangements under the Withdrawal Agreement end, EU laws in this area will no longer bind the UK. If the UK and EU cannot agree replacement arrangements relating to mutual recognition of professional qualifications before the end of the transition period, an interim domestic system for UK recognition of professional qualifications will come into effect in the UK from January 2021. This is envisaged as a temporary system, hence the government is consulting on the UK’s approach in the longer term. Since professional regulation is an area of devolved competence in Wales, Scotland and Northern Ireland, the government is also consulting on the domestic arrangements as an extension of its earlier consultation on regulating the UK internal market. Views are sought from those who interact with any aspects of a regulated profession. The deadline for submissions is 11:45 pm on 23 October 2020.
See: LNB News 26/08/2020 33.
The UK government published detailed guidance in July 2020 for traders on the trade and customs requirements to be fulfilled for trade between the UK and the EU following the end of the Brexit transition period on 31 December 2020. At that point, the UK will cease to be a member of the EU Single Market and of the EU Customs Union, and trade between the UK and the EU will generally be subject to the same requirements as those for trade between the UK and the rest of the world. Analysis written by Richard Eccles, partner at Bird & Bird.
See News Analysis: UK trade and customs requirements after the end of the Brexit transition period.
This section contains Brexit news headlines relating to Brexit-related primary legislation and legislative preparation for Brexit generally.
The Food Standards Agency (FSA) has opened a consultation on the subject of amendments to retained EU law for food and feed safety and hygiene after IP completion day. For the consultation, the FSA seeks views from stakeholders, including businesses and consumers, on ‘further amendments to UK food and feed regulations, including those necessitated by the application of the Withdrawal Agreement and the Northern Ireland Protocol, that are, required to ensure retained EU law relating to food and feed safety and hygiene remains effective at the end of the Transition Period’. The deadline for responses is 16 September 2020.
See: LNB News 21/08/2020 11.
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.
SI 2020/864: This enactment is made in exercise of legislative powers under the EU(W)A 2018 in preparation for IP completion day. This enactment is made to support the implementation of the provisions in Part Three (separation provisions), Title I (goods placed on the market) of both the Withdrawal Agreement between the EU and the UK, and the EEA EFTA Separation Agreement between the EFTA states (Iceland, Liechtenstein and Norway) and the UK. It comes into force on IP completion day.
See: LNB News 24/08/2020 19.
Under the European Union (Withdrawal) Act 2018 (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 SI laid for sifting concerns amendments to legislation in the field of financial services to transpose provisions introduced by the amended Directive (EU) 2018/843, Anti-money Laundering Directive, on money laundering and terrorist financing and address failures of related retained EU law to operate effectively following the withdrawal of the UK from the EU. It replaces an earlier draft laid for sifting on 15 July 2020.
See News Analysis: Brexit SI Bulletin—drafts laid for sifting on 24 August 2020.
Law Society of England and Wales has published a new guidance page to help lawyers prepare for the end of the transition period. The guidance page, 'Preparing for the end of the transition period', highlights key steps to be taken by solicitors ahead of the end of the transition period on 31 December 2020 'whether an agreement is reached on the UK-EU future relationship or not'. It also includes links to a range of government and regulator resources that should be of assistance to solicitors and firms.
See: LNB News 21/08/2020 67.
The Home Office has published updated guidance for frontier workers to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued, so stakeholders are advised to monitor these pages for updates.
See: LNB News 27/08/2020 45.
The Department for Environment, Food & Rural Affairs (Defra) has updated its guidance on importing animals, animal products, high-risk food and feed from the EU to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued as the transition period progresses, so stakeholders are advised to monitor these pages for updates.
See: LNB News 27/08/2020 43.
International Trade Secretary, Liz Truss, has announced the launch of 11 Trade Advisory Groups (TAGs), forming part of a 'major new business engagement drive', as the government works to establish independent trading relationships to take effect after the end of the Brexit transition period. Insight and expertise from key industries across the UK, including farming, manufacturing and automotive sectors, will be used to inform the government's negotiating stance and secure trade agreements that 'benefit all regions and devolved administrations'. New market access on products such as ceramics, cars, steel and beef and cutting-edge digital trade rules are seen as a step towards reaching this target.
See: LNB News 26/08/2020 52.
Following its formal launch on 27 July 2020, the Trade and Agriculture Commission (TAC) has published terms of reference, as well as details of its initial discussions. The TAC was established for a fixed term of six months to report and advise the government on the development of the UK's independent trade policy. Chaired by former chief executive of the Food Standards Agency (FSA) and Tesco Group Quality Director, Tim Smith, TAC members include representatives from a range of sectors including agriculture, retail, consumer, hospitality, animal health and environment. The TAC will report to the Department for International Trade (DIT) on trade policies to support various objectives including protecting and advancing the interests of consumers and industry, as well as preserving and upholding standards of food safety and animal welfare.
See: LNB News 21/08/2020 51.
This section contains key Brexit news hand-picked by Lexis®PSL lawyers from their own practice areas.
EU-UK energy co-operation emerges as rare area of progress in Brexit talks
On 21 August 2020, EU and British energy companies were given a glimmer of hope as co-operation in the sector emerged as a rare area of progress in the talks on a future trade deal between the UK and the EU.
See News Analysis: EU-UK energy co-operation emerges as rare area of progress in Brexit talks.
For further updates from Energy, see: Energy weekly highlights—overview.
Brexit and Environmental Law—impact of removal of UK from EU market
Aidan Thomson and Sam Levy of Bryan Cave Leighton Paisner discuss the impact of the UK’s departure from the EU market on environmental compliance and whether businesses are prepared for regulatory separation on issues concerning the environment.
See News Analysis: Brexit and Environmental Law—impact of removal of UK from EU market.
For further updates from Environment, see: Environment weekly highlights—overview.
FCA updates webpage on the temporary permissions regime
The Financial Conduct Authority (FCA) updated its webpage on the temporary permissions regime (TPR) and the temporary marketing permissions regime (TMPR) for inbound passporting European Economic Area (EEA) firms and funds. The webpage also refers to the financial services contracts regime (FSCR). The notification window for the TPR and the TMPR is currently closed but will be re-opened on 30 September 2020.
See: LNB News 20/08/2020 43.
For further information, see: Financial Services passporting, equivalence and the UK post-Brexit.
For further updates from Financial Services, see: Financial Services weekly highlights—overview.
Public procurement remedies in a post-Brexit world—time for change?
Public law analysis: As the end of the transition period looms, questions mount as to the form the UK’s public procurement remedies regime will take once it ceases to be bound by EU law. The provisions of the Remedies Directive, like the other EU public procurement Directives, have been incorporated into English law and therefore will continue to apply automatically following the end of the transition period on 31 December 2020 unless and until the UK government seeks to amend them. Against the backdrop of the UK’s ongoing trade negotiations and accession to the Government Procurement Agreement (GPA) in its own right, some see this as a moment of opportunity to re-imagine and reform the current regime. Elizabeth Forster, Jane Jenkins and Kate Gough of Freshfields Bruckhaus Deringer consider the current remedies regime and what reform might look like.
See News Analysis: Public procurement remedies in a post-Brexit world—time for change?
For further updates from Public Law, see: Public Law weekly highlights—overview.
LexTalk® is an online community forum which gives Lexis®PSL subscribers the opportunity to post questions, hold conversations, participate in discussions and share best practice. It has been designed to provide a secure place for legal professionals to discuss legal developments, offer and receive peer support, and gain a sense of up-to-date market practice and advances in real-time. You can access and post questions on all of the dedicated practice area forums, including a dedicated community for Lexis®PSL Brexit.
Click here to sign up and meet like-minded community members, create a profile, connect, share, and start participating today! Alternatively, you can access LexTalk® on the key resources tab on your Practice Area home page.
The following recent journal articles are available subject to subscription:
● Northern Ireland protocol guidance published: In this article, Richard Curtis reports on the Cabinet Office’s Brexit transition guidance, Moving goods under the Northern Ireland Protocol, which, as argued by Glyn Edwards, VAT director at MHA MacIntyre Hudson, follows an undermining trend of the need for a hard border in the Irish Sea if Brexit is going to work. See: Taxation, 27 August 2020, 4 (3)
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