No Deal Preparations on Each Side of the Channel

Jane Lambert

Yesterday I was snowed under with a blizzard of emails from our own government setting out its preparations for "no deal".  Though they arrived the day after the cabinet had announced an intensification of preparations for a departure without a withdrawal agreement it was obvious that they had been planned if not written a good deal earlier.

Although I ploughed through all those emails I selected three that are likely to be of interest to my readers:

• Producing food products protected by a ‘geographical indication’ if there’s no Brexit deal;
• Existing free trade agreements if there’s no Brexit deal; and 
• Trade remedies if there's no Brexit deal.

The first of those emails updates guidance which was first published on 24 Sept 2018 which I mentioned in Geographical Indications over Brexit 6 Oct 2918 NIPC Branding.  The email gives more details of the new British scheme for protecting geographical indications which will be published shortly including the new logo and the protection that UK producers can expect in the remaining states and EU producers in the UK after 29 March 2019.  I shall offer seminars on the new British system at our chambers in London and Birmingham during the New Year,

The second states that HM government will try to negotiate bilateral agreements with third countries that replicate those countries' arrangements with the EU as soon as possible after Brexit.  Until these are agreed the United Kingdom will rely on "most favoured nation" terms.

Finally, a new quango is to be set up by the name of the Trade Remedies Authority which will investigate complaints of dumping and unfair practices. The guidance does not say what will be done if the quango finds an unfair trading practice but Annex 2 to the WTO Agreement provides for consultations. references to dispute settlement panels and corrective measures.

I also received a succinct Communication from the Commission to the European institutions preparing for the withdrawal of the UK from the EU on 30 March 2019 and implementing the Commission’s Contingency Action Plan.  The Communication discusses the Action Plan and sets out the following principles for contingency measures:

• "Contingency measures should not replicate the benefits of membership of the Union, nor the terms of any transition period, as provided for in the draft Withdrawal Agreement; 
• They should be temporary in nature. For the measures adopted today, the Commission has, where relevant, proposed time limitations which are a function of the specific situation in the sector concerned;
• They should be adopted unilaterally by the European Union in pursuit of its interests and should be revocable at any time; 
• They should respect the division of competencies provided for by the Treaties; 
• National contingency measures should be compatible with EU law; 
• They should not remedy delays that could have been avoided by preparedness measures and timely action by the relevant stakeholders."

The Communications addresses citizens; rights, financial services, air traffic, road haulage, customs and climate change policy.

Anyone wishing to discuss this article or Brexit generally should call me on 020 7404 5252 or send me a message through my contact page.