Brexit Bulletin - 12 October 2020
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This week sees UK-EU negotiations reach a critical point with the European Council summit taking place on Thursday. This had been described as the UK Government’s deadline for reaching an agreement.
Other updates include:
- The European Court of Justice has ruled against the UK on elements of data sharing that could have significant impacts for many businesses.
- The Government published an update to its Border Operating Model, which provides further detail on how the GB-EU border will work and the actions that traders, hauliers and passengers need to take.
The next webinar in our Preparing for Brexit series will look at the measures companies need to take to prepare for new import and export arrangements and will feature the Border Protocol and Delivery Group and HMRC. It will take place on Thursday 22 October at 2pm, and you can register here.
Following our webinar last week with the Civil Aviation Authority, you can also find information on aviation safety and the actions you need to take to prepare for the end of the transition period.
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There was no substantial progress following the most recent round of negotiations between the UK and EU, yet both sides have stressed publicly that they are committed to a deal following a meeting between the Prime Minister and European Commission President Ursula von der Leyen.
The main disagreements remain over the interpretation of the Northern Ireland Protocol, fisheries and the level playing field. The UK Government had set a 15 October deadline to secure a deal to coincide with the upcoming European Council meetings at the end of this week. However, while outlining the UK’s current negotiating positions on the main areas of contention before the House of Commons’ Future Relationship with the EU Committee, the UK’s Chief Negotiator Lord Frost suggested that the UK would always be open to a future deal, suggesting some flexibility.
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Last week the European Court of Justice (ECJ) ruled that the UK needs to reform some national legislation to adhere to EU Privacy Laws. This relates to the collection of bulk communications data for national security agencies and is a significant development in terms of the EU’s wider data adequacy assessment of the UK. It is now highly likely that data flows between the UK and EU post-transition period will face significant restrictions.
Businesses should refer to the Information Commissioners Office (ICO) website for alternative arrangements to ensure data flows can continue. For many, this will mean the implementation of Standard Contractual Clauses (SSCs).
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Last week, the Government updated its Border Operating Model which provides further detail for businesses and passengers on how the GB-EU border will operate after the end of the transition period. ADS has published a blog outlining what the new additions to the Model mean for you.
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The UK and EU are negotiating a Bilateral Aviation Safety Agreement (BASA) to come into effect from 1 January 2021. These negotiations are intertwined with the wider negotiations on a Free Trade Agreement.
With less than three months to go until the end of the transition period it is important that businesses take steps to prepare for the new regulatory environment.
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There is currently little clarity as to what the BASA might look like and to what extent it will minimise duplication of regulatory approvals. However, there are actions businesses can take to prepare:
The CAA will recognise current EASA certificates, approvals and licences for use in the UK aviation system and on UK-registered aircraft at least for a period of two years following the end of the transition period.
Ahead of a possible no deal exit in 2019, the European Parliament passed legislation that ensured EASA Type Certificates, DOAs, ETOs & ETSOs issued to UK organisations would be recognised by EASA for 9 months after Brexit. It has not been confirmed that this will apply at the end of the transition period.
For more information, read more on the ADS Brexit Hub.
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From 1 January 2021, the UK will no longer be members of the European Aviation Safety Agency (EASA).
In this webinar, Tim Johnson, Director of Policy and Strategy at the CAA explained the changes, their preparations, and how you can secure the required certifications and approvals to place goods on the UK and EU market at the end of the transition period.
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LISTEN TO RECORDING
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This webinar will focus on the measures companies need to take to prepare for new import and export arrangements.
Joining us will be representatives from the Border and Protocol Delivery Group (BPDG) and HMRC to discuss the new Border Operating Model, importing and exporting for goods trading, and what new procedures businesses need to follow to comply with the new regime.
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BOOK YOUR PLACE
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