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.

House of Commons committee launches engagement tool for Brexit

Businesses need to be alert to potentially significant changes to their legal and regulatory environments as a result of a no-deal Brexit.  The Government is currently publishing a 'storm' of statutory instruments ("SIs") that will, in some cases, materially alter the way in which businesses are regulated in the UK post-Brexit.

UK Government publishes details on draft regulations amending FSMA

On 22 November 2018, HM Treasury published Explanatory Information on the draft Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (the “Draft FSMA Regulations“).

No deal Brexit and Copyright – Part 1: Broadcasting and online content

On 26 October 2018, the UK government published a draft version of a statutory instrument (Copyright SI) and explanatory note together with guidance issued by the UK Intellectual Property Office (IPO) which explain the changes which will be made to UK copyright law in the event of a ‘no deal’ Brexit.

From rule makers to rule takers? State Aid in the UK post-Brexit

On 14 November 2018, the European Commission and the UK government announced that they had agreed a draft Withdrawal Agreement. While this agreement still requires the consent of the UK Parliament and the remaining 27 EU Member States, the path forward for the continued application of State aid law in the UK appears clearer.