Brexit highlights—30 October 2020

Brexit highlights—30 October 2020

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 30 October 2020.

General Brexit headlines

This section contains key overarching Brexit news headlines.

Brexit Bulletin—key updates, research tips and resources (October 2020)

We have published an update to our Brexit Bulletin—key updates, research tips and resources. The latest edition includes commentary and updates on key transition priorities including negotiations on the future UK-EU relationship, implementation of the Withdrawal Agreement, domestic preparation and contingency planning, plus updates on the Brexit legislation pipeline and retained EU law.

See: LNB News 30/10/2020 99.

Brexit Bulletin—First meeting of the Specialised Committee on Other Separation Provisions

On 30 October 2020, the UK and EU held the first meeting of the Withdrawal Agreement Specialised Committee on Other Separation Provisions, focussing on the implementation and application of Part Three of the Withdrawal Agreement (Separation Provisions). The parties reaffirmed their commitment to the implementation of these provisions, which must be complete by the end of the transition period in order to ensure an 'orderly winding-down' of ongoing transitional matters after the end of the transition period. The Specialised Committee will meet again 'as necessary' towards the end of 2020.

See: LNB News 30/10/2020 78.

Brexit Bulletin—Specialised Committee on Citizens’ Rights report on the implementation of residence rights published

The UK-EU Specialised Committee on Citizens’ Rights has published a report outlining how the UK and EU Member States are implementing the residence rights set out under Part 2 of the Withdrawal Agreement. The report sets out the residency systems in the UK and EU, providing a summary of each national system, with information on deadlines and the number of applications for a new residence status in each nation. Head of Lexis®PSL Immigration, Jonathan Kingham, comments on the report.

See: LNB News 29/10/2020 27.

Newly published Immigration Rules set out details of post-Brexit system

The Home Office has issued a substantial new Statement of Changes in Immigration Rules HC 813, along with an Explanatory Memorandum. The Statement implements many categories of the post-Brexit immigration system (termed the ‘Future Points-Based Immigration System’), including the new Skilled Worker route; as well as making amendments to the EU Settlement Scheme to deal with the end of the transition period, and various other changes. The Statement runs to 514 pages, and also represents the first main stage in the Home Office’s plans to simplify the Immigration Rules by implementing the recommendations of the Law Commission. The new system, including the criminality changes, will also apply to EEA citizens who arrive in the UK from 1 January 2021 and are not covered by the EU Settlement Scheme. Many of the changes come into force on 1 December 2020.

See: LNB News 22/10/2020 80.

Visiting Schengen countries for business

Giuditta Petreni, senior immigration consultant at Mazzeschi Srl, discusses the application of the Schengen agreement on business visits. This will be important for British citizens travelling to relevant countries after the end of the transition period on 31 December 2020.

See News Analysis: Visiting Schengen countries for business.

Brexit legislation updates

Brexit Bulletin—Committee asks for clarification on common frameworks in UK Internal Market Bill

The Chair of the Constitution Committee, Baroness Taylor, has written to the Minister of State for European Union Relations and Constitutional Policy, Lord True, asking for clarification on common frameworks in the United Kingdom Internal Market Bill. She asked for more detailed reasoning as to why a common frameworks approach, supported by other powers available to the government, could not have been taken to complete the development of the internal market. Meanwhile, the House of Lords has commenced line-by-line examination of the UK Internal Market Bill.

See: LNB News 26/10/2020 19.

Brexit Bulletin—Committee launches inquiry into common frameworks programme

The House of Lords Common Frameworks Scrutiny Committee has launched an inquiry on the subject of the UK common frameworks programme after Brexit and is seeking written evidence from individuals and organisations interested in the topic. The UK common frameworks are the mechanism by which the UK government and devolved governments decide on the level of regulatory consistency in policy areas where returning EU powers lie within devolved competence. The inquiry is to examine how the common frameworks programme is to operate and relate to other initiatives, how it could be reviewed and improved in future, and the role for parliamentary scrutiny across the UK. The deadline for responses is 30 November 2020.

See: LNB News 26/10/2020 1.

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

Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020

SI 2020/1147: This enactment is made in exercise of legislative powers under the Immigration and Asylum Act 1999 and the Immigration Act 2014 in preparation for IP completion day. This enactment amends three pieces of UK secondary legislation in relation to immigration. It comes into force partly on 12 November 2020, 1 December 2020, 31 December 2020, and 1 January 2021, and fully on 31 January 2021.

See: LNB News 23/10/2020 42.

Insolvency (Amendment) (EU Exit) (Scotland) Regulations 2020

SSI 2020/337: This enactment is made in exercise of legislative powers under the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for IP completion day. This enactment amends one piece of UK secondary legislation in relation to insolvency. It comes into force immediately before IP completion day.

See: LNB News 29/10/2020 6.

Criminal Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020

SSI 2020/339: This enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This enactment amends seven pieces of Scottish primary legislation, three pieces of Scottish secondary legislation, and revokes one piece of Scottish secondary legislation in relation to criminal justice 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 29/10/2020 60.

Draft Brexit SIs laid in Parliament

Draft European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment replaces the previous draft SI published on 8 October 2020. This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 and the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) in preparation for IP completion day. This draft enactment is proposed to amend 16 pieces of UK primary legislation and one piece of UK secondary legislation in relation to EU withdrawal. This draft enactment was re-laid with technical corrections, principally deleting Part 8 of the previous draft SI, which made consequential amendments to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013, SI 2013/419. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 23/10/2020 14.

Draft Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers conferred under the Immigration Act 1971. This draft enactment is proposed to amend one piece of UK primary legislation by expanding the ability to obtain leave to enter by passing through an automated gate to EEA and Swiss nationals. It also provides an expansion of circumstances in which leave to enter may be given orally to include those who seek to enter as an S2 Healthcare Visitor, and provides for visas to Service Providers from Switzerland to have affect as leave to enter on multiple occasions during their periods of validity. It comes into force at the time and on the date that the Immigration (European Economic Area) Regulations 2016 are revoked.

See: LNB News 26/10/2020 55.

Draft Export Control (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the Export Control Act 2002 and EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend three pieces of UK secondary legislation in relation to export control. It comes into force partly immediately before the day after the date on which these Regulations are made, and on the day after the date on which these Regulations are made, and fully immediately before IP completion day.

See: LNB News 27/10/2020 28.

Draft Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend three pieces of UK secondary legislation in relation to law enforcement and security to address deficiencies arising from the UK’s withdrawal from the EU. It comes into force immediately before IP completion day.

See: LNB News 29/10/2020 15.

Draft Common Fisheries Policy (Amendment etc) (EU Exit) (No 2) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend two pieces of UK secondary legislation and one piece of retained EU legislation in relation to common fisheries policy 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 comes into force partly immediately before IP completion day and fully on IP completion day.

See: LNB News 27/10/2020 33.

Draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend five pieces of UK secondary legislation and two pieces of retained EU legislation in relation to in relation to agricultural products 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 comes into force partly immediately before IP completion day; and fully on IP completion day.

See: LNB News 29/10/2020 1.

Draft Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend nine pieces of UK secondary legislation and two pieces of retained EU legislation in relation to agricultural products 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 28/10/2020 6.

Draft REACH etc (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation in relation to REACH 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 comes into force partly on the day after the day on which these Regulations are made, and immediately before IP completion day, and fully on IP completion day.

See: LNB News 27/10/2020 21.

Draft Control of Mercury (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend two pieces of UK secondary legislation and two pieces of retained EU legislation, and revoke one piece of UK secondary legislation in relation to regulation of mercury 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 29/10/2020 12.

Draft Detergents (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend three pieces of UK secondary legislation in relation to detergents 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 29/10/2020 9.

Draft Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 and EU(WA)A 2020 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to chemicals and Genetically Modified Organisms 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 comes into force immediately before IP completion day.

See: LNB News 27/10/2020 54.

Draft Waste and Environmental Permitting etc (Legislative Functions and Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK primary legislation, eight pieces of UK secondary legislation, two pieces of retained EU legislation, and revoke 14 pieces of retained EU legislation in relation to waste and environmental permitting, and in a few cases to other aspects of the environment 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 comes into force partly immediately before the coming into force of the Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019, and immediately before IP completion day, and fully on IP completion day.

See: LNB News 27/10/2020 62.

Draft Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to ship recycling 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, and in order to give effect to the Protocol on Northern Ireland in the withdrawal agreement respectively. It comes into force immediately before IP completion day.

See: LNB News 27/10/2020 40.

Draft Plant Health (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK primary legislation, three pieces of UK secondary legislation, and 10 pieces of retained EU legislation, and revoke two pieces of UK secondary legislation, and 40 pieces of retained EU legislation in relation to plant health 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 comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 28/10/2020 48.

Draft Construction Products (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend one piece of UK secondary legislation in relation to construction products. It comes into force immediately before the Construction Products (Amendment etc) (EU Exit) Regulations 2019 come into force.

See: LNB News 28/10/2020 25.

Draft Agricultural Products, Food and Drink (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the European Communities Act 1972, and EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend eight pieces of UK secondary legislation and 17 pieces of retained EU legislation in relation to agricultural products and foodstuffs, aromatised wines, spirit drinks, wine, and tribunal procedure rules concerning decisions relating to applications for the registration, amendment and cancellation of designations of origin, geographical indications and traditional specialities guaranteed for agricultural products and foodstuffs, geographical indications for aromatised wine and designations of origin, geographical indications and traditional terms for wines 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 comes into force partly on the 21st day after the day on which these Regulations are made, and fully immediately before IP completion day.

See: LNB News 23/10/2020 1.

Draft Animal Welfare and Invasive Non-native Species (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under the European Communities Act 1972, and EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend seven pieces of UK secondary legislation in relation to animal welfare and invasive non-invasive species in order to address failures of retained EU law to operate effectively and other deficiencies. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 29/10/2020 58.

Draft Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend six pieces of UK secondary legislation, and 30 pieces of retained EU legislation, and to revoke one piece of UK secondary legislation, and eight pieces of retained EU legislation in relation to animals and animal products 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 comes into force partly on 31 December 2020, and fully on IP completion day.

See: LNB News 29/10/2020 54.

Draft Customs Safety, Security and Economic Operators Registration and Identification (Amendment etc) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend two pieces of UK secondary legislation and revoke one piece of UK secondary legislation in relation to customs safety and security procedures 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 comes into force partly immediately after these Regulations are made, and fully immediately before IP completion day.

See: LNB News 29/10/2020 24.

Draft Human Medicines (Amendment etc ) (EU Exit) Regulations 2020

SI 2020/draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to amend four pieces of UK secondary legislation in order to update amendments made to address failures of retained EU law to operate effectively or other deficiencies arising from the withdrawal of the UK from the EU and to implement the Northern Ireland Protocol. It comes into force immediately before IP completion day.

See: LNB News 26/10/2020 49.

Draft Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020

SI 2020/Draft: This draft enactment is made in exercise of legislative powers under EU(W)A 2018 in preparation for IP completion day. This draft enactment is proposed to implement Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas to and in the UK in respect of Northern Ireland from 1 January 2021. It comes into force on 1 January 2021.

See: LNB News 28/10/2020 22.

Draft Civil and Family Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020

SSI 2020/Draft: This draft enactment is laid in exercise of legislative powers under EU(W)A 2018 and EU(WA)A 2020 in preparation for IP completion day. This draft enactment is proposed to amend five pieces of Scottish primary legislation, and five pieces of Scottish secondary legislation, and to revoke two pieces of Scottish secondary legislation in relation to civil and family justice to address failures of retained EU law to operate effectively and other deficiencies in retained EU law arising from the withdrawal of the UK from the EU. It comes into force partly immediately before IP completion day, and fully on IP completion day.

See: LNB News 30/10/2020 27.

Draft Brexit SIs laid for sifting and sifting committee recommendations

Brexit SI Bulletin—latest drafts and sifting committee reports, 30 October 2020

The Commons European Statutory Instruments Committee (ESIC) and the Lords Secondary Legislation Scrutiny Committee (SLSC) are responsible for the sifting process under 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 30 October 2020.

See News Analysis: Brexit SI Bulletin—latest drafts and sifting committee reports, 30 October 2020.

Brexit transition guidance

MoJ webinars on legal changes from 1 January 2021

The Ministry of Justice (MoJ) has published a list of webinars for legal professionals that will explore the legal changes from 1 January 2021.

See: LNB News 28/10/2020 63.

Law Society publishes additional guidance for end of transition period

The Law Society of England and Wales has published further guidance documents to help lawyers prepare for the end of the transition period. The guidance covers judicial co-operation, trade in legal services, EU legal professional privilege and EU data flows. The updated 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 28/10/2020 66.

Trading with the EU—further Brexit transition guidance from BEIS

The Department for Business, Energy and Industrial Strategy (BEIS) has announced that it will hold a second phase of webinars on actions businesses can take to ensure they are ready for 1 January 2021, 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 30/10/2020 53.

Air, sea, road and rail transport—further Brexit transition guidance from DfT

The Department for Transport (DfT) has published new collection of guidance on air, sea, road and rail transport 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 29/10/2020 19.

International road haulage permits—further Brexit transition guidance from DfT and DVSA

The DfT and Driver and Vehicle Standards Agency (DVSA) have published new guidance on European Conference of Ministers of Transport permits 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 28/10/2020 35.

Intellectual Property—further Brexit transition guidance from IPO

The Intellectual Property Office (IPO) has published new guidance on Intellectual Property 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 28/10/2020 74.

Marketing standards for food products—updated Brexit transition guidance from Defra

The Department for Environment, Food & Rural Affairs (Defra) has published new guidance on marketing standards for beef and veal and updated guidance on marketing standards for eggs, poultry meat, hatching eggs and chicks, fresh fruit and vegetables, and hops and hops products 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 27/10/2020 103.

UK and EU REACH—updated Brexit transition guidance from Defra

Defra has published updated guidance on complying with the UK and EU REACH chemical regulations 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 27/10/2020 50.

Import and export of animals—updated Brexit transition guidance from Defra

Defra, in collaboration with the Animal and Plant Health Agency (APHA), has published updated guidance on importing and exporting animals, animal products and high-risk food and feed not of animal origin from 1 January 2021 and exporting or moving live animals and animal products to the EU from 1 January 2021 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 30/10/2020 13.

Exporting groups of products of animal origin—further Brexit transition guidance from Defra

Defra has published new guidance on exporting groups of products of animal origin 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 27/10/2020 96.

Organic food—updated Brexit transition guidance from Defra

Defra has published updated guidance on trading and labelling organic food 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 26/10/2020 47.

Importing and exporting timber—further Brexit transition guidance from Defra

Defra has published new guidance on buying and selling timber and timber products 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 23/10/2020 21.

Plants and plant products—further Brexit transition guidance from Defra and APHA

Defra and the Animal and Plant Health Agency (APHA) have published updated guidance on importing and exporting plant and plant products, in particular regarding advance notifications when bringing a regulated consignment to the UK, 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 27/10/2020 98.

Marketing and developing medicines—updated Brexit transition guidance from MHRA

The Medicines and Healthcare products Regulatory Agency (MHRA) has published updated guidance on pharmacovigilance procedures, renewing Marketing Authorisations (MAs) for medicines and UK Paediatric Investigation Plans 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 27/10/2020 36.

Assessment routes—further Brexit transition guidance from MHRA

MHRA has published new guidance on new routes for assessment including an accelerated procedure and rolling review and how the MHRA will process variations to MAs from 1 January 2021 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 27/10/2020 30.

Converting CAPs for use in Great Britain—further Brexit transition guidance from MHRA

MHRA has published new guidance on the process for converting Community Marketing Authorisations (CAPs) to GB MAs to help stakeholders prepare for the end of the transition period. 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 26/10/2020 16.

Pharmacovigilance—further Brexit transition guidance from VMD and MHRA

The Veterinary Medicines Directorate (VMD) and the MHRA have published new guidance on pharmacovigilance systems and reporting 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 23/10/2020 82.

Veterinary medicines—new Brexit transition guidance from VMD

The Veterinary Medicines Directorate (VMD) has published new guidance on placing veterinary medicinal products on the EU and Northern Ireland markets 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 28/10/2020 41.

Beyond Brexit

Brexit transition reviews—anti-dumping measure on certain imports of steel

The Department for International Trade (DIT) has updated the trade remedies transition policy regarding anti-dumping measures on certain imports of steel products. Further transition reviews of EU trade remedies may be issued as part of the development of the UK’s independent trade policy, so stakeholders are advised to monitor these pages for updates.

See: LNB News 28/10/2020 31.

UK signs second Fisheries Framework Agreement with Faroe Islands

The UK has concluded a fisheries agreement with the Faroe Islands. The Fisheries Framework Agreement was signed by Environment Secretary, George Eustice, UK Ambassador to Denmark, Emma Hopkins, and the Faroese Fisheries Minister, Jacob Vestergaard. It sets out that the UK and Faroes will hold annual negotiations to agree on issues of access to waters and fishing quotas. The agreement is the second of its kind agreed since the UK left the EU on 31 December 2020, with the first fisheries agreement with Norway signed in September 2020.

See: LNB News 29/10/2020 71.

Inquiries opened into UK-Japan trade agreement

The International Trade Committee has opened an inquiry on the UK-Japan Comprehensive Economic Partnership Agreement. The inquiry is to consider the possible impacts of the Agreement, how it varies from the Japan-EU Economic Partnership Agreement, and the extent to which the government has accomplished its negotiating targets. The Committee aims to complete its inquiry and publish its report before the end of the 21-day sitting period before treaty ratification, as set out under the Constitutional Reform and Governance Act 2010. The Committee welcomes views from all stakeholders. The deadline for responses to this inquiry is 11 November 2020 at 5pm. In addition, the International Agreements Sub-Committee has reopened its call for evidence for the UK-Japan trade negotiations inquiry after the government released the final trade agreement. This inquiry will focus on the government’s aims and targets, the development of negotiations, and the possible effects of a final deal for individuals and businesses across the UK. The deadline for responses to this inquiry is 6 November 2020 at 5pm.

See: LNB News 26/10/2020 13.

Committee contends DIT is failing to show progress in tackling large challenges

The Public Accounts Committee has argued in a recent report that the DIT has not demonstrated measurable progress towards tackling the largest strategic challenges that it faces, including supporting economic recovery following the impact of the coronavirus (COVID-19) pandemic and advancing the UK’s future trading relationships. In addition, the Committee finds that the government has ‘not done enough to identify and help new, developing businesses to export, and lack of strategic alignment between DIT and the UK Export Finance department means that export opportunities may have been missed’. As a result, the Committee recommends that the DIT and UK Export Finance should work ‘more closely to respond to new export growth opportunities, identifying and investing in new businesses in developing sectors, including renewable energy’.

See: LNB News 28/10/2020 69.

UK must play a more impactful role on international stage

The Foreign Affairs Committee has published a report on the future of the UK’s international policy. While the Committee believe that ‘the UK has good reason to be confident in the capabilities of the Foreign, Commonwealth & Development Office (FCDO)’, the report highlights areas in which the UK must improve to rejuvenate its global presence. In particular, the Committee is calling for the government to ensure its international policy is clear, coherent and confident. The report suggests that the UK, in line with its international reputation, should draw on its strengths such as its pragmatic leadership, stable frameworks and influence to bring the countries together in dialogue.

See: LNB News 22/10/2020 58.

UK calls on WTO members to engage in discussions on DSB reforms

The UK mission to the World Trade Organization (WTO) has made a speech to the WTO dispute settlement body (DSB) concerning a proposal by various members for appellate body appointments. The UK mission stated that it was concerned that the WTO ‘has not been able to launch the selection processes’ for new members of the DSB appellate body and that the ‘increasingly frequent impairment of rights arising from this situation’ were not in the interests of the WTO or its members. The UK mission viewed the two-stage dispute settlement mechanism as a ‘central pillar’ of the WTO trading system and called on all members to engage in discussion with a view to reforming the system.

See: LNB News 26/10/2020 57.

EU bodies agree on revised enforcement regulation to protect trade interests

The Council of the European Union, the European Parliament and the European Commission have reached an agreement on a revised regulation on enforcement of international trade rules. The parties’ aim in amending the regulation is to protect the EU’s trade interests and rights better within the context of the current ‘paralysis’ of the WTO dispute settlement system. The amending regulation should also ensure that the EU can enforce its trade rights if one of its partners blocks the normal dispute settlement mechanism.

See: LNB News 29/10/2020 109.

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.

Banking and Finance

UK financial firms see no hope of any more EU equivalence decisions

The UK financial services sector is not anticipating any further equivalence decisions from Brussels, representatives from the finance industry told the Committee on the Future Relationship with the European Union in a committee hearing on 21 October 2020. If there is an overall EU-UK trade deal, there may be more positive determinations, the representatives said, but noted that the industry is ready for the worst.

See News Analysis: UK financial firms see no hope of any more EU equivalence decisions.

For further updates from Banking and Finance, see: Banking and Finance weekly highlights—overview.

Commercial

Treasury Committee raises urgent concerns on customs preparedness

Chair of the Treasury Committee, Mel Stride, has written to the Chancellor of the Exchequer, Rishi Sunak to ‘raise a series of concerns’ following the evidence taken from the Minister of State at the Cabinet Office and HM Treasury, Lord Agnew, on customs preparedness for the arrangements between the UK and the EU after IP completion day. The Treasury Committee asks for clarification ‘as a matter of urgency’ on issues including the IT systems needed to facilitate a smooth transition, the border operating model and the existence of physical infrastructure.

See: LNB News 23/10/2020 58.

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

Construction

CLC guidance—movement of goods and materials

The Construction Leadership Council (CLC) has published guidance on the movement of goods and materials into and between Great Britain and Northern Ireland in relation to the upcoming expiration of the transition period with the EU at the end of 2020. The guidance provides an overview of the new customs regime, and information regarding the trade of goods and materials between both GB and NI and NI and the Republic of Ireland. It also provides an introduction to the new UK Global Tariff, notes the interplay between movement of goods and materials and standards and alignment, and offers information on the preparedness of the border and on shortage materials and other useful resources.

See: LNB News 22/10/2020 69.

CLC guidance—marking of construction products

The CLC has also published new guidance on the conformity marking of construction products being placed on the GB, EU or NI markets 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.

See: LNB News 28/10/2020 23.

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

Corporate Crime

Brexit Bulletin—ESC reports on EU policy areas of UK significance including farm to fork strategy and exchange of DNA and data under Prüm

The European Scrutiny Committee (ESC) has published its 26th report of session 2019–21, focusing on recently-drafted EU legislation and policy documents deposited in Parliament by the government. The ESC gauges the legal and political importance of each legislative proposal and, where appropriate, inquires further on its implications and/or recommends it for debate. Reasons identified as legally and/or politically important include the EU farm to fork strategy, the application of tariff rates and other important quotas under the Norther Ireland Protocol and the automated exchange of DNA and fingerprint data under Prüm.

See: LNB News 27/10/2020 86.

Draft Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 to be considered by the House of Lords Grand Committee

The draft Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 have been considered by the House of Lords Grand Committee, following their consideration by the House of Commons Seventh Delegated Legislation Committee on 21 October 2020. As set out by The Parliamentary Under-Secretary of State for Justice, Chris Philp, the purpose of the draft SI is to give effect in UK law to a transitional provision of the Withdrawal Agreement (Article 62(1)(g)) whereby the current regime for taking account of previous convictions in relation to convictions that happened in EU member states will continue to apply where criminal proceedings begin before IP completion day but conclude after it ends.

See: Draft Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 and Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020—UK Parliament statutory instruments page.

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

Environment

UK should opt for ETS rather than carbon tax after Brexit, lawmakers urge

The UK should introduce a national Emissions Trading System (ETS) once it leaves the EU, rather than a carbon tax, and preferably link it to the EU’s existing carbon market, several members of the unelected upper house of the UK Parliament have said.

See News Analysis: UK should opt for ETS rather than carbon tax after Brexit, lawmakers urge.

Government urges timber trading businesses to prepare for transition period end

Defra and the Department for Business, Energy & Industrial Strategy (BEIS) have urged businesses trading timber between Great Britain and Northern Ireland to prepare for change and take action before the end of the transition period. The government has confirmed that due diligence checks are to take place on timber travelling from GB to NI, as well as from the EU to GB and GB to the EU. However, it also states that there will be no new due diligence checks for timber travelling from NI to GB and from the EU to NI. To comply with these new changes, timber traders will be required to let the Office for Product Safety and Standards know who they bought their timber from and who they sold it to. In addition, both traders and operators will be required to keep records for five years.

See: LNB News 23/10/2020 76.

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

Financial Services

ESMA sets out final position on share trading obligation following end of Brexit transition

The European Securities and Markets Authority (ESMA) released a public statement that clarifies the application of the EU trading obligation for shares (STO) following the end of the UK’s transition from the EU on 31 December 2020. The statement outlines that the trading of shares with a European Economic Area (EEA) ISIN on a UK trading venue in UK pound sterling (GBP) by EU investment firms will not be subject to the EU STO. Therefore, those trades will not be subject to the EU STO under Article 23 of the Markets in Financial Instruments Regulation (MiFIR). This currency approach supplements the EEA-ISIN approach outlined in a previous ESMA statement of May 2019.

See: LNB News 26/10/2020 11.

ESMA statement on endorsement of UK CRAs following end of Brexit transition period

ESMA published an update to its March 2019 statement on the endorsement of credit ratings from the UK. The statement has been updated in order to provide clarity on whether endorsement can proceed following the end of the transition period on 31 December 2020. ESMA confirms that EU credit rating agencies (CRAs) will be able to endorse credit ratings elaborated in the UK after the end of the transition period.

See: LNB News 27/10/2020 69.

ESMA adds UK venues to list of TCTV for transparency and position limits opinions under MiFID II/MiFIR

ESMA added UK venues to the list of third-country venues (TCTVs) in the context of the opinions on post-trade transparency and position limits under Directive 2014/65/EU (MiFID II) and Regulation (EU) 600/2014 (MiFIR). ESMA has also updated the related guidance to take into account feedback received from market participants on the identification of bonds and US Treasuries, as well as on the treatment of venues without a market identifier code (MIC).

See: LNB News 27/10/2020 63.

FCA responds to Treasury Committee letter on potential UK banks’ closure of EU current accounts

The Financial Conduct Authority (FCA)’s chief executive, Nikhil Rathi, wrote to the Treasury Select Committee on the subject of UK bank closures of the current accounts of customers living in the EU after the withdrawal transition period. Replying to the Treasury Committee’s 29 September 2020 letter, Rathi sets out the contractual position for affected customers, firms’ obligations to treat customers fairly, and the FCA’s work with large banking groups on their plans for servicing EEA-based customers after the transition period.

See: LNB News 22/10/2020 63.

UK-US Financial Regulatory Working Group holds October 2020 virtual meeting

HM Treasury and US Department of the Treasury issued a joint statement on the third meeting of the UK-US Financial Regulatory Working Group.

See: LNB News 23/10/2020 62.

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

Information Law

UK data adequacy decision by EU would face immediate legal challenge, lawmakers told

If the UK were to win a data adequacy finding from the EU, it would be ‘very likely, if not certain’ to face an immediate challenge by privacy campaigners, given recent rulings by the Court of Justice of the European Union on international data transfers, a British technology industry representative has warned.

See News Analysis: UK data adequacy decision by EU would face immediate legal challenge, lawmakers told.

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

Life Sciences

Medicines and Medical Devices Bill

A Bill to confer power to amend or supplement the law relating to human medicines, veterinary medicines and medical devices; make provision about the enforcement of regulations, and the protection of health and safety, in relation to medical devices; and for connected purposes. The House of Lords Committee stage resumes on 4 November 2020 (provisionally).

See: LNB News 14/02/2020 1.

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

Local Government

CTSI published sixth episode in Brexit series podcast

The Chartered Standards Trading Institute (CTSI) has launched a ten-part series of podcasts to accompany its EU Exit online training modules. Each episode will look at a different area of consumer protection likely to be significantly affected by the UK's exit from the EU. The sixth episode, covering food standards, has now been published.

See: LNB News 26/10/2020 14.

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

Public Law

Brexit Bulletin—government addresses calls for further devolution as future UK-EU relationship negotiations intensify

In correspondence published by the government, the Chancellor of the Duchy of Lancaster, Michael Gove, has replied to letters from Counsel General and Welsh Minister for European Transition, Jeremy Miles MS, and Scottish Cabinet Secretary for the Constitution, Europe and External Affairs, Michael Russell MSP, responding to the Welsh and Scottish Governments’ priorities on the future UK-EU relationship negotiations, respectively. A lack of meaningful engagement on key Brexit transition workstreams, including level-playing field, governance and fisheries, has been a sentiment echoed by both devolved administrations. Standing firmly behind its red lines, the government reiterated its ‘strong preference’ for an agreement with the EU, albeit not ‘at any cost’. An ‘open dialogue’ with the devolved administrations is expected to be maintained at a Joint Ministerial Committee on EU Negotiations meeting this week (week commencing 26 October 2020).

See: LNB News 29/10/2020 131.

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

Restructuring & Insolvency

Brexit impact on Cross-Border Insolvency Regulations 2006 (CBIR 2006)

We look at how the Cross-Border Insolvency Regulations 2006 (CBIR 2006) are affected by the Insolvency (Amendment) (EU Exit) Regulations 2019, in the event of no deal on insolvency.

See News Analysis: Brexit impact on Cross-Border Insolvency Regulations 2006 (CBIR 2006).

For further updates from Restructuring & Insolvency, see: Restructuring & Insolvency weekly highlights—overview.

Brexit content and quick links

For further updates, this section contains quick links to popular trackers and practical guidance content on Brexit:

● Brexit Bulletin—key updates, research tips and resources—this Brexit Bulletin provides a quick reference Brexit research aid and updating tool. It answers key questions on Brexit and includes helpful Brexit updates, research tips and resources

● Brexit timeline—this Practice Note tracks key events during the transition/implementation period, focussing in particular on negotiations between the UK and EU on the terms of their future relationship post-Brexit

● Brexit legislation tracker—this Practice Note tracks the progress of UK legislation introduced in connection with Brexit. It includes a Brexit SI database collating details of draft and enacted Brexit SIs, as well as draft Brexit SIs laid for sifting

● Brexit toolkit—for ease of reference, this toolkit collates practical guidance on the specific legal and practical implications of Brexit across a range of practice areas. The Brexit toolkit brings all of the core content together for ease of reference and also provides essential background information, trackers and analysis on the process of withdrawing from the EU and negotiating new trade relationships with the EU and third countries

 

Latest Q&As

● What is the position on the interpretation of EU case law relating to EU Directives post IP completion day? In cases concerning retained EU-derived domestic legislation which implements an EU Directive, are UK courts and tribunals bound or permitted to have regard to EU case law on that Directive even though the Directive itself is not retained?

● When do the changes to the Recast Regulation on Insolvency, Regulation (EU) 2015/848 and other legislation kick in for Brexit?

● What is the effect of Brexit on BSI and ISO standards?

LexTalk®Brexit: a Lexis®PSL community

Collaborate and network with a community of expert lawyers

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.

Useful information

The following recent journal articles are available subject to subscription:

● Exclusive jurisdiction agreements post-transition: In this article, Robert Brittain, contends that as the end of the Brexit transition period will mean changes in the way the courts of EU Member States treat contractual exclusive jurisdiction clauses in favour of the English courts, an international convention will provide significant continuity in practice, but corporates should take note of possible gaps and consider appropriate action. See: Journal of International Banking and Financial Law (2020) 10 JIBFL 709

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

 

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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.