BREXIT UPDATE – EEA (RE)INSURERS

The post below was first published on our Insurance blog

EEA insurers and reinsurers doing business in the UK under the insurance passport must prepare for the UK’s withdrawal from the EU. We consider, in our latest “At a Glance” guide, the impact of Brexit on the cross-border activities of EEA (re)insurers, including how firms might respond to the European Council’s recent agreement to a transition period.

The “At a Glance” guide can be found here.

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Draft Statutory Instruments amending “retained EU Law” Starting to Appear

While the date for the passage of the European Union (Withdrawal) Bill is receding, as a messy political standoff on its terms takes place, the Government are beginning to publish in draft Brexit Statutory Instruments planned to be passed under the Bill once enacted.  These are designed to adapt EU law which will be retained in UK law after Brexit to operate in the UK once it is no longer a member of the European Union.  This move to publish legislation in draft in effect means that there is more opportunity than originally expected to comment on drafts published before they become law, in the event that they raise concerns. Continue reading

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Filed under Great Repeal Bill

STATE AID DISCIPLINES TO CONTINUE TO APPLY IN THE UK POST-BREXIT

The UK Government, in a letter to the House of Lords EU committee published last week, has provided important clarifications in relation to the future UK State aid regime post-Brexit. The Government confirmed that it is planning to establish a full UK-wide subsidy control framework based on transposing the existing EU State aid rules, with a single independent UK body for enforcement and supervision, at the point that this is required (having regard to the negotiations). The Government has decided that the existing UK competition authority, the Competition and Markets Authority (CMA), would be best placed to take on this role.

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AUDIOVISUAL MEDIA SERVICES: BACK TO THE 80’S?!

On 19 March 2018, the European Commission published a notice to stakeholders on the consequences of Brexit for audiovisual media services. This makes it clear that, subject to any transitional arrangement, as of the withdrawal date, the EU rules in the field of audiovisual media services will no longer apply to the UK. Therefore, in summary, UK-based broadcasters would be left relying on laws written in the 1980s.

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Filed under TMT & data protection

PRA AND FCA CLARIFY IMPACT OF BREXIT TRANSITION FOR INSURANCE SECTOR

The post below was first published on our Insurance blog

Recent announcements made by the PRA and FCA clarify their approach to Brexit following the European Council’s agreement to a transition period for the UK’s withdrawal from the EU. In particular, insurers, insurance intermediaries and other financial services firms have been encouraged to assume that they will continue to benefit from passporting rights until December 2020. Continue reading

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UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

The post below was first published on our Intellectual Property blog

In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights at the end of the transition period post-Brexit (until 31 December 2020). Continue reading

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Filed under Article 50, Intellectual property, TMT & data protection, UK-EU negotiations

House of Commons Exiting the EU Committee publishes report on the future UK-EU relationship

On 4 April 2018, the House of Commons Exiting the European Union Committee (Committee) published a report on the future UK-EU relationship. Continue reading

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Filed under Article 50, UK-EU negotiations

EUROPEAN COUNCIL ADOPTS GUIDELINES ON THE FRAMEWORK FOR THE FUTURE EU-UK RELATIONSHIP

The European Council has today issued the Article 50 negotiating guidelines of the EU 27 Member States on the framework for the future relationship between the EU and the UK. 

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EU’s revised proposals for enforcement of judgments post-Brexit

The post below was first published on our Litigation blog

On 15 March, the European Commission published a revised version of the draft withdrawal agreement it had previously published on 28 February 2018 (see our summary of the original terms relating to jurisdiction, choice of law and enforcement of judgments here). The revised version contains a significant change regarding continuation of the current arrangements for enforcement of judgments, bringing the EU’s position closer to that of the UK on this issue.

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Filed under Article 50, Disputes

Delivering Brexit: Putting plans into practice

The news regarding the conditional agreement between the EU and UK on the terms of a 21 month transition period is welcome. However, as both sides have made clear: nothing is agreed until everything is agreed. We will only know at the end of the Article 50 process whether a cliff edge has been avoided. That is, at the earliest, near the end of 2018.

With 12 months to go, businesses have no choice but to make plans and will face tough calls on when to put them into practice.

We have prepared this short booklet looking at the kinds of issues that businesses are facing and the kind of responses they may need to make.

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