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European regulation update: Brexit
European regulation update: Brexit
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European regulation update: Brexit

15/06/2018

Focus on the latest European regulatory developments as of  June 2018

Withdrawal of the UK from the EU and Euratom (28 February)

The EC published a draft text of the Withdrawal Agreement on the withdrawal of the UK from the EU and Euratom. The text translates into legal terms the Joint Report published on 8 December 2017 by the negotiators of the EU and UK Government. The draft Withdrawal Agreement includes sections on:

  • Introductory provisions
  • Citizens' rights
  • Other separation issues such as goods placed on the market before the withdrawal date
  • The financial settlement
  • Transitional arrangements
  • Institutional provisions

It also sets out a protocol on Ireland/Northern Ireland, which operationalises the backstop solution set out in the Joint Report, which applies in the absence of other agreed solutions.

Framework of future EU-UK relationship (7 March)

EU Parliament published a draft resolution on the framework of the future EU-UK relationship:

  • States that the agreement could be based on 4 pillars: trade and economic relations, foreign policy, internal security and thematic cooperation. It should include a consistent governance framework, with a robust dispute resolution mechanism
  • Stresses that even closely-aligned third countries with identical legislation cannot enjoy similar rights, benefits or market access to those of EU Member States
  • Notes that a Deep and Comprehensive Free Trade Area does not allow cherry-picking of sectors of the internal market

Progress of negotiations (19 March)

The UK and EU published a draft Withdrawal Agreement showing progress of negotiations following agreement on transition.The draft Withdrawal Agreement of 19 March 2018 includes agreed legal text for the implementation period, citizens’ rights, and the financial settlement, as well as a significant number of other articles. The UK and the EU negotiating teams aim to finalise the entire Withdrawal Agreement by October.

Among other things, the UK and EU have agreed that international agreements which arise from the UK's membership of the EU will continue to apply during the period.

Framework for future EU-UK relationship (23 March)

The EC adopted guidelines on framework for future EU-UK relationship. It confirms the EU’s readiness to initiate work towards a balanced, ambitious and wide-ranging free trade agreement (FTA). The FTA would cover:

  • Trade in goods
  • Trade in services to an extent consistent with the UK being a third country
  • Appropriate customs cooperation
  • Voluntary regulatory cooperation
  • Disciplines on technical barriers to trade and sanitary and phytosanitary measures
  • Access to public procurement markets, investments and protection of intellectual property rights
  • Climate change, sustainable development and cross-border pollution

Notice to stakeholders on IORPs (27 April)

The EC published a notice to stakeholders on Institutions for Occupational Retirement Provision (IORPs).The notice is one of a series of preparedness papers for a scenario under which all EU primary and secondary law would cease to apply to the UK from the withdrawal date. Notwithstanding any future transitional arrangement, the paper sets out the effects of EU rules for IORPs.

List of topics for negotiations on future framework (4 May)

Her Majesty’s Government and the EC published an agreed list of topics for future rounds of Brexit talks. Among the topics included are financial services and governance arrangements for the eventual deal. The 24 topics are grouped under four headings:

  • Basis for co-operation
  • Economic partnership
  • Security partnership
  • Cross-cutting cooperation and standalone issues

Read more

Regulations in Europe and Asia Pacific : 2018 edition

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