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Brexit round-up – 19/02/21

Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.

European Commission proposes extending provisional application of agreements

The European Commission has adopted a proposal for a Council Decision regarding extending the provisional application of the UK-EU Trade and Co-operation Agreement (TCA) and the Supplementary Security of Classified Information Agreement (two of the future relationship agreements) to 30 April 2021. There was insufficient time for full scrutiny and ratification of the future relationship agreements before the end of the transition period. The UK and the EU therefore agreed to provisionally apply the TCA from 1 January 2021 (Brussels time) until the earlier of 28 February 2021 or another date decided by the Partnership Council, the governance body established by the TCA or the TCA’s entry into force once the parties have notified each other that they have completed ratification. The Security of Classified Information Agreement is a supplementing agreement to the TCA and is linked to it as regards provisional application and entry into force. The Commission has adopted the proposal as, due to the time needed to complete the legal-linguistic revision of the TCA in all 24 languages, the European Parliament and the Council of the EU will not be able to conclude their scrutiny of the agreements before 28 February 2021. To change the end date of the provisional application, a decision needs to be taken jointly in the EU-UK Partnership Council. This would be its first decision. The Partnership Council comprises UK and EU representatives, and is co-chaired by a member of the European Commission (Vice-President Maroš Šefčovič) and a representative of the UK government at ministerial level.

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Scottish Seafood Exports Taskforce announced

A new seafood taskforce, the Scottish Seafood Exports Taskforce, met for the first time this week in order to try and solve the ongoing problems with exports. The meeting was chaired by UK Government Minister for Scotland, David Duguid, and the virtual meeting was attended by UK Environment Secretary George Eustice and Fergus Ewing, Cabinet Secretary for Rural Economy and Tourism with the Scottish Government. The meeting discussed the movement of mixed loads of small consignments and the variation in time taken for loads to be cleared and discussed practical solutions which could be used to help ease the flow of goods. Mr Duguid said “The spirit of co-operation between all parties was good to see and my officials will now drill down to identify areas for rapid action. The next taskforce meeting is in a fortnight but our engagement with industry continues on a daily basis, as does our work to speed world-class Scottish seafood from port to plate as smoothly as possible.”

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Lord David Frost drafted in to agree new relationship with EU

Prime Minister Boris Johnson has announced that David Frost will become a full cabinet member next month and will take charge of agreeing a new relationship with the EU post Brexit. The former Brexit negotiator will replace Michael Gove as co-chair of the Withdrawal Agreement Joint Committee on implementing the Brexit withdrawal deal. He will be responsible for negotiating with Brussels and member states going forward. Lord Frost said the UK’s relationship with the EU since the trade deal between the two came into force at the start of the year, had been more “problematic” and “bumpy” than he had expected but he said he hoped we would “get over this”, but added that it was going to require a “different spirit” from Brussels.

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If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options during the Brexit process, please do not hesitate to get in touch.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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