A Pragmatic Approach to Rules of Origin in the UK's "rolled-over" FTAs

The United Kingdom ("UK") is gearing up to "roll-over" the EU network of Free Trade Agreements ("FTA") once Brexit takes effect. In the past few weeks, the UK announced that it had successfully rolled-over the FTAs that the EU had concluded with: Switzerland, Chile, the Faroe Islands; and some of the members of the Eastern and Southern Africa Economic Partnership Agreement. The rules of origin included in these UK FTAs set out an interestingly pragmatic strategy that will allow UK manufacturers to both continue relying on EU27 inputs in their production and to maintain preferential access for their goods to those countries.

Brexit: “placing on the EU market” of products inc. medical devices

On 1 February 2019, the European Commission published a new Q&A document to give further guidance on the Notice to stakeholders-withdrawal of the United Kingdom and EU rules in the field of industrial products (“the Notice”). This Notice applies, among others, to medical devices, active implantable medical devices and in vitro medical devices. The Q&A document provides concrete guidance on the concept of products placed on the Union market before Brexit and the transfer of Notified Bodies certificates.

Brexit and contractual continuity

On 8 January 2019 the FCA published a consultation paper, CP19/2, which sets out details of the financial services contracts regime (FSCR) and the rules the FCA proposes should apply to firms during the regime. The consultation closes on 29 January 2019.

Italy prepared transitional measures to ensure continuity for markets

On 24 January, the Italian Ministry of Economy and Finance published a press release informing of having prepared, in full cooperation with the supervisory authorities and after having heard trade associations, the necessary measures (the "Measures") in order to ensure full continuity for markets and intermediaries in case of a no-deal Brexit. The measures will enter into force in case of no-deal withdrawal.

10 key changes to UK product safety laws?

Given developments this week, Brexit remains top of the agenda.  While the UK government doesn't have the same level of "shut down" as the US government, clearly very considerable resources are currently being diverted to Brexit.  Below is "what you need to know" about Brexit and product safety law changes potentially coming down the line.  Are you ready for a new "UK marking", for example? It remains to be seen how these proposed changes will impact those in the product supply chain and more widely.

UK Parliament's vote on Brexit

With only 72 days remaining until the UK automatically ceases to be a member of the EU, the UK Parliament has emphatically rejected the Withdrawal Agreement and Political Declaration painstakingly negotiated by the UK Government over the past 20 months since triggering Article 50 in March 2017.

Updated UK "no deal" Brexit guidance on medicines and medical devices

The UK Medicines and Healthcare products Regulatory Agency (MHRA) has issued updated guidance on how the UK would regulate medicines, medical devices and clinical trials in the event that the UK leaves the EU on 29 March 2019 with no withdrawal arrangements in place, referred to as a "no deal" scenario.

European Commission's “no-deal Brexit” Contingency Action Plan

On 19 December 2018, the European Commission published a Communication addressed at the EU institutions. The Communication relates to the preparation for the withdrawal of the United Kingdom from the European Union, in case of a “no-deal” Brexit. The Communication discussed 14 measures that the European Commission has adopted to prepare for the “no-deal” Brexit scenario.

Effects of Brexit on medicinal products in Poland

The President of the Office for the Registration of Medicinal Products, Medical Devices, and Biocidal Products (URPL) estimates that approximately 20% of all the 10,000 medicinal products registered in Poland will be affected by the effects of Brexit. Out of this number, according to media reports, new reimbursement decisions will need to be issued for up to 500 products.

Implications for banking, payments and consumer finance products

To ensure the financial system continues to work effectively if there is a "hard Brexit" HM Treasury has been finalising a series of statutory instruments which will ensure there is a workable legal framework for retail banking services. The changes will take effect on exit day – at the moment that may well be 29 March 2019.

No-deal Brexit: the future of consumer rights in the UK

Notwithstanding the fact that a draft deal has been agreed between the EU and the UK at a technical level, the developments of recent days and weeks have made it clear that significant obstacles will need to be overcome before any deal can be finalised and ratified. In light of this uncertainty, there remains a very real possibility that the UK could leave the European Union without a deal in place on 29 March 2019 (“Exit Day”).

No Deal Brexit and Exhaustion of Rights

On 28 November 2018, the UK government published a draft version of a statutory instrument (Exhaustion of Rights SI), and explanatory memorandum, which together explain the changes which will be made to UK intellectual property law relating to exhaustion of rights, in the event of a no-deal Brexit. The purpose of the SI is to correct any deficiencies in the retained EU law relating to exhaustion of rights, arising as a result of Brexit.