Brexit and Trade Agreements

The Withdrawal Agreement- review of its content so far

On 27 March 2018, the European Union accepted the amendments to the European Commission’s revised draft of the withdrawal agreement negotiated with the UK so far.  The agreement is expected to form the basis of a treaty that will govern both the withdrawal of the UK from the EU and the transition period following that withdrawal.

The next key staging post in the Brexit process will be the European Council meeting in June 2018 but the real one will be in autumn 2018. A deal will effectively have to be agreed by this point if it is to be approved by Parliament, the European Parliament and by EU 27-member states. Please click here for our latest blog.

A special Brexit feature co written by Geraldine Fabre, Laura Butcher and Mark Fellows can be found on pages 4 & 5 in the Alliott Group ‘The Expat Post’ newsletter. Click here to download the full newsletter.

The Withdrawal Agreement- how does it work?

The EU accepted the amendments to the European Commission’s revised draft of the withdrawal agreement negotiated with the UK so far.  The withdrawal agreement is expected to form the basis of a treaty that will govern both the withdrawal of the UK from the European Union and the transition period following that withdrawal. Please click here for a full update on the withdrawal agreement.

The impact of Brexit on commercial contacts

Despite the fact there are a number of different models and projections in relation to the UK’s position vis-a-vis the EU, there is no doubt that the next few years will be a period of legal uncertainty on the interpretation of contracts.  To prepare for such uncertainty, businesses are well advised to begin analysing their key commercial contracts (when made under English law) to gauge the possible impact of Brexit. Click here to view the potential impact Brexit could have on commercial contracts and what should be considered.

Cross-Border payments and Brexit- update

At the beginning of September the UK Government published draft versions of the Payments and Electronic Money (Amendment) (EU Exit) Regulations 2018 and the Credit Transfers and Direct Debits in Euro (Amendment) (EU Exit) Regulations, together with an explanatory note. These regulations amend the Payment Services Regulations 2017 (PSRs), the Electronic Money Regulations 2011 (EMRs) and the SEPA Migration Regulation (Regulation 260/2012) to ensure that they continue to operate effectively once the UK has left the EU. The explanatory notes also set out the proposed UK approach to the Regulation on cross-border payments (Regulation 924/2009).

Among other things, the proposed changes create a temporary permissions regime for payments and e-money institutions, ensure access to segregated safeguarding accounts and ensure that payment service providers (PSPs) are not disadvantaged on pricing of euro transactions. HM Treasury intends to introduce the regulations to Parliament this autumn.

How to prepare your business is the UK leaves the EU with no deal

On 23 August 2018,  the UK Government published 25 technical guidance notes giving advice to businesses and individuals about being prepared for a no deal when the UK leaves the EU on 29 March 2019. A further 60 guidance notes are to be published in September.

The full guidance notes and other information can be accessed through the UK and EU section on www.gov.uk (How to prepare if the UK leaves the EU with no deal). This article summarises the notices in relation to the sale of goods cross border with the EU (other than farming and medically related goods) only. Click here for the full article.

UK Government technical notice on Workplace Rights if there’s No Brexit Deal (23 August 2018)

The UK Government recently issued various technical notices to prepare businesses for a no Brexit deal, including one on “workplace rights” issued by the Department for Business, Energy and Industrial Strategy on 23 August 2018. It is intended that the EU (Withdrawal) Act 2018 will continue to bring EU directives rights so that workers in the UK continue to be entitled to the rights they have under UK law which are derived from EU law. In this technical note (click here), the UK Government states that it will provide legal certainty, allowing for a smooth transition from the day of EU exit, and will ensure that employment rights remain unchanged.

Géraldine Fabre est avocat associée au cabinet Sherrards Solicitors LLP à Londres où elle est responsable du French Team.  Elle est doublement qualifiée en Angleterre et en France.