The post below was first published on our Insurance blog
Delay to IDD start date
The EU Commission published draft legislation today (in the form of a proposed Directive and a proposed Delegated Regulation) to delay the IDD start date to 1 October 2018. It has agreed to requests for a delay made by the European Parliament and a number of Member States despite expressing the view that industry has already been given considerable time to adapt to the new rules. Continue reading
The Brexit debate often looks different viewed from Brussels rather than from London. It is however important for businesses to also keep in mind the Brussels perspective and therefore we publish a regular view from our Brussels office on recent developments and the state of the negotiations.
In this third issue, we focus on the move from phase 1 discussions to the second phase involving discussion of the future relationship and transition. We also look at developments in other areas of preparation for Brexit including in relation to the EU Emission Trading Scheme, Justice and Home Affairs, the WTO, relocation of Agencies and the approach to Financial Services and Aviation.
Following the European Parliament’s vote on 13 December and the European Council’s (EU27 leaders) confirmation today, Brexit negotiations are formally being allowed to move forward to phase two. New guidelines for the EU for this phase of negotiations have been released by the European Council following their formal adoption, read these here.
Following agreement reached in the early hours today on the Irish border issue, the negotiators have agreed that sufficient progress has now been made on the first phase of the negotiations in order to move on to the next phase which will cover preliminary and preparatory discussions on the framework for a future relationship.
The President of the European Council is recommending to the other Member States conclusions to this effect and proposes guidelines for the negotiation of the transitional arrangements which will involve the UK staying in the Single Market and Customs Union without a voice.
As for the “future relationship”, it is proposed that this will be the subject of a later recommendation. In the meantime, preparatory internal discussions are to continue and the UK is called upon to clarify its intentions. It is envisaged that the framework will be elaborated in a political declaration accompanying the Withdrawal Agreement.
A Joint report from the negotiators of the EU and the UK on progress during the first phase of the Article 50 negotiations was published today and is available here.
The report sets out the detail of the agreement in principle reached on the three main areas of the withdrawal negotiations on which sufficient progress was required:
- Protecting the rights of EU citizens in the UK and UK citizens in the EU
- A framework for addressing the unique circumstances in Northern Ireland
- The financial settlement
The report also refers to progress on other separation issues such as the UK’s withdrawal from Euratom, ongoing judicial and administrative procedures, cooperation in civil and commercial matters and police and judicial cooperation in criminal matters.
The post below was first published on our Employment blog
The rights of EU citizens is one of the three issues on which sufficient progress was required before the Brexit negotiations with the EU could move onto Britain’s future relationship. The Joint Report of the negotiators issued in early December confirms that the Government is willing to accept that the specified cut off date for protection for EU citizens already exercising their freedom of movement rights to reside in the UK will be the time of the UK’s withdrawal; previously it has been unwilling to say more than that it would not be earlier than 29 March 2017. This may provide some reassurance for employers reliant on EU staff. See our Brexit blog for further details.
As the UK calls time on its 44 year membership of the EU, repercussions are felt further afield. African countries which currently access the EU via the UK, such as Egypt, Kenya, Nigeria and South Africa, or have the UK as their main end market within the EU will be exposed when the UK ceases to be an EU Member State.
Read more of our analysis on how Africa will be impacted by Brexit, including risks and opportunities, here.