Brexit Update - Second Batch Of UK Government's Brexit 'No Deal' Technical Notes Released

September 13, 2018

No-deal Brexit papers published: In addition to the first 25, the UK Government has published further 28 technical notices on how business and citizens can prepare for a “no deal” Brexit scenario. More papers will be issued throughout September – up to a total of 80. Today’s technical notices cover the sections:

• Applying for EU-funded programmes
• Driving
• Handling civil legal cases
• Labelling products and making them safe
• Meeting business regulations
• Personal data and consumer rights
• Protecting the environment
• Regulating energy
• Regulating medicines and medical equipment
• Satellites and space
• Seafaring
• Travelling between the UK and the EU

The full papers can be found here .

• No-deal Brexit: UK-made cars will not be ‘valid for sale’ in EU, government document admits: Vehicles made in the UK could no longer be sold in the EU if Britain crashes out without a deal, a shock government document admits. EU “type-approval” would no longer be granted to prove the vehicles comply with safety and environmental standards, it warned. It was issued just two days after the boss of Jaguar Land Rover attacked Theresa May’s Brexit strategy, warning that that tens of thousands of jobs were being put at risk. Manufacturers would need to seek approval from an authority in an EU member state – if such an agreement could be struck. The document says that, if there is a no-deal Brexit, the government would act unilaterally to ensure EU-made cars could still be bought in this country, by recognising approvals. (Independent)

The UK Government has released the second of three batches of technical notes about the impact of a “no deal” scenario at the end of March 2019. These are available here. This second batch is of 28 and includes notes on civil judicial cooperation, broadcasting rights, data protection, telecoms and oil and gas.

The UK’s notes contain information on what the UK Government plans to do, unilaterally, to assist affected businesses and individuals through temporary waivers and derogations. For example, in this latest release:

• in civil judicial cooperation the Government reiterates that the UK will formally apply to re-join the Hague Convention on Choice of Court Agreements 2005 in its own right, which it notes will come into force by 1 April 2019 (there being a gap in coverage of 2 days only). This will in many areas provide alternative rules covering the same areas as the existing EU regime. We will shortly release a separate blog post on this issue.
• in data protection the Government confirms that in recognition of the unprecedented degree of alignment between the UK and EU’s data protection regimes, the UK would at the point of exit continue to allow the free flow of personal data from the UK to the EU (to be kept under review). The EU has not yet made the equivalent suggestion in relation to the free flow of personal data from the EU to the UK without restriction in a no deal.

As the clock ticks down to 29 March 2019, the UK and the EU are stepping up their preparations for the possibility of a “no-deal” outcome. From a corporate governance and risk management perspective, businesses that have not done so already should carry out a Brexit assurance process in order to identify all Brexit-related risks and, to the extent practicable, take appropriate and timely steps to respond to them.