Beyond Brexit & Regulatory reform
Insights for In-house Counsel | Spring 2024

Retained EU law: what's changed and why does it matter?
From 1 January 2024, retained EU law has a new name ("assimilated law") and different rules apply when interpreting it (as a result of the Retained EU Law (Reform and Revocation) Act 2023). This is important because there are still over 4,000 EU-derived measures on the UK's statute book – and following these changes, some of those laws may not mean quite the same as they did before the start of this year. For example, from 1 January 2024, UK legislation implementing EU Directives no longer has to be interpreted in line with the EU concept of direct effect.
Our briefing explains what's changed and what the impact on business is likely to be. It also provides a handy glossary of the new terminology, together with a timeline highlighting key dates in the development of retained EU law. For a "deeper dive", see our updated client guide Retained EU law: 10 key questions.
Importing EU goods into the UK: what's changing?
After much delay, the UK is finally introducing full border controls on imports of goods from the EU.
Since the end of the Brexit transition period on 31 December 2020, goods imports from the EU have continued to be treated differently from imports originating in the rest of the world but not for much longer. The following changes are expected to be introduced this year:
All EU goods (including agri-food)
Safety and security declarations to be required from 31 October 2024; this will bring EU imports into line with the documentary requirements for imports from elsewhere.
EU agri-food products only
Phasing in of additional controls to bring the following EU imports into line with the requirements applied to imports from elsewhere: (i) medium risk animal products, plants, plant products and (ii) high risk food and feed of non-animal origin:
- 31 January 2024: health and/or phyto-sanitary certificates required;
- 30 April 2024: documentary and risk based identity and physical checks to be extended to the same range of products (NB for medium risk products, physical checks will only be carried out in 1-30% of cases, as compared with the 100% inspection rate for high risk products).
EU suppliers may not be aware of the planned changes – and may have been lulled into a false sense of security by the slow pace of the UK's introduction of post-Brexit border controls on goods. The risk is that if goods arrive at the border without the correct documentation, they may be refused entry, leading to delays and extra costs. If you do not have a direct relationship with your EU suppliers but rely on e.g. UK wholesalers, it is worth asking those businesses what they are doing to ensure that their EU partners are prepared for the changes.
Beyond Brexit Hub
For more on navigating the post-Brexit legal framework and business environment, including what’s changed on retained EU law and why it still matters, visit our Beyond Brexit Hub.
Looking ahead: improvement to the UK-EU Trade and Cooperation Agreement (TCA)?
Following the UK general election, a Labour Government may seek improvements to the UK's trading relationship with the EU. These could include an agreement to ease imports/exports of agri-food, a better deal on temporary visits for business purposes and a youth mobility scheme to ease labour shortages for certain sectors, for example hospitality. Our guide to the TCA, as it stands, is here.
Spotlight on Regulatory reform
Take a look at Spotlight on Better Regulation, where we explore the opportunities and challenges for the UK as it looks to reform its regulatory framework following Brexit. The latest briefings in the series include:
- Directors' duties and corporate purpose re-examined: should directors be obliged to prioritise people and planet?
- Non-competes: 3 month cap proposed in drive for economic growth
- Post-Brexit employment law: evolution, not revolution?
- How proposed Solvency II reforms for insurers affect de-risking options for defined benefit pension schemes
Sign up to be notified of more content in this series. You can also use our Regulatory reform portal to check for the latest updates on changes to regulation across all areas on which we advise.