UK exits the EU (third country status)

I posted several times regarding EU Notices and Notices from EU regulatory agencies. These remind that the UK will be a third country (as respects the EU) on exit at 12pm CET 29th March 2019. If you have not already done so, please read these Notices.

Any Transition Period that is agreed is in the context of the EU-UK Withdrawal Treaty, and will continue certain EU arrangements only.

One of the aspects is UK membership of EU regulatory agencies (third countries are not members of EU regulatory agencies).

On 11th April 2018, the European Medicines Agency (EMA) confirmed that the EU27 member states and the EMA had completed the task of redistribution of the UK portfolio of centrally authorised medicine and veterinary products. The UK will not be a member of the EMA on its exit. Arrangements were already in place to relocate the EMA (from the UK) to an EU27 member state.

Please read the information that is published about this redistribution here.

UK exits the EU (more EU Notices)

More EU Notices were issued 21st March (and one on 19th March) – here.

Reminder : the UK is a third country on 30th March 2019. Please read the EU notice that applies to your operations. Note also that EU Agencies (on the link) also issue Notices.

The EU-UK Withdrawal Agreement (subject to ratification) may change this date to 31st December 2020 with conditions (via transition clauses in the Agreement).

The EU-27 agreed today its guidelines for its negotiation of a EU-UK trade deal. These guidelines are here.

UK exits the EU (more EU Notices)

Further EU Notices were issued on 12th March. All Notices are gathered here.

Reminding : EU decentralised agencies also publish information in relation to the UK’s withdrawal from the EU, for example the Community Plant Variety Office, the European Chemicals Agency, the European Medicines Agency and the European Union Intellectual Property Office.

Furthermore, the three European Supervisory Authorities (the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority) and the Single Supervisory Mechanism have issued opinions and guidance.

Notices are important because they set out the legal position that will operate from March 2019. Transition arrangements that might be agreed may change the requirements.

Returning EU powers (UK)

The UK government has today published its provisional analysis of the returning EU powers that will result in the devolved administrations of the UK receiving extensive new powers as the UK exits the EU. This document is here.

The analysis covers 153 areas where EU laws intersect with devolved competence. There are 24 policy areas identified that are subject to more detailed discussion to explore whether legislative common framework arrangements might be needed, in whole or in part.

Please look out for further Blog posts, as the situation evolves.

[the image is a screen grab of the first page of the 24 policy areas, found on page 17 of 21]

UK exits the EU (more EU Notices)

The European Commission has published four further EU Notices to Stakeholders and Companies. I posted earlier with the website where all such EU Commission Notices are compiled. Here it is again – Link.

Please remember the EU agencies are also publishing Notices. I posted earlier about this. Here is the ECHA support available – Link.

UK-EU Withdrawal Treaty (draft)

UPDATE (19th March) : an updated colour coded Withdrawal Treaty draft is published here. This contains the results of the EU-UK discussions held 16-19 March. The next step is the Council of the EU heads of Member States meeting 22/23 March, where it is anticipated a further statement will be made. I will summarise the agreed points at that time.

Please note : at this point 25% of the document is not agreed between the EU-UK. The areas not agreed relate to governance and the Irish Border.

UPDATE (15th March) : an updated Withdrawal Treaty draft (123 pages) is published here. This has now been sent to the UK authorities for the negotiation.

The EU Commission has now published its draft of the UK-EU Withdrawal Treaty – it is here.

It will now be discussed over the coming weeks with the European Council (Article 50) and the Brexit Steering Group of the European Parliament before transmission to the UK authorities for negotiation.

As expected, this is a complex and lengthy document, with Annexes and Protocols that form part of the Treaty draft. Part 4 sets out the clauses relating to the Transition Period (I Blog posted separately about the Transition Period clauses).

I will update this Blog post here with summary points, as they become agreed with the UK authorities. Please remember to refer back to this Blog and not wait for posts in your inbox, as updates on a particular post are not reissued as emails.

UK exits the EU (EU Notices – UK questions for UK DEFRA)

Two days ago 21st Feb the UK Lords EU Energy and Environment Sub-Committee (select committee) wrote to the UK DEFRA Secretary of State. This letter is here. The letter asks Michael Gove to seek the UK Government’s view on the EU Commission’s advice to environment and food stakeholders on preparing for a ‘no deal’ Brexit scenario.

Background

The European Commission is publishing a series of Notices setting out the consequences for trading and legal arrangements in the event that no Brexit deal is reached by 30 March 2019. I have blog posted about this and in addition to the EU Commission with its website of Notices, European Agencies such as ECHA (the European Chemicals Agency) are also issuing notices – please see my earlier Blog posts. NB: the EU Notices state unless a different date is set out and agreed in the Withdrawal Treaty, the UK is a Third Country from 30 March 2019 (and the consequences set out in the Notices, summarised below, will apply from that date).

Many are addressed to stakeholders across the food, farming and waste sectors. They state (in summary) that a variety of certifications issued by the UK will no longer be valid, that certain organisations will need an EU base or representative to continue to operate in the EU, and that some food trade exports will be prohibited unless certain steps are taken. Note also the impacts on transboundary waste movement (see an earlier Blog post of mine).

The Committee letter writes to Defra’s Secretary of State to ask:

* Whether the Government is seeking to get UK environment and food certifications recognised by the EU

* What assessment the Government has made of the impact on individuals, organisations and the UK economy of UK environment and food certification no longer being recognised, and of reapplying for certification

* What steps the Government is taking to ensure food of animal origin can be exported to the EU in a ‘no deal’ scenario

* Whether the Government intends to provide similar advice to its own citizens working in the food, farming and waste sectors.