Beyond Brexit/Regulatory reform

The UK Government is planning to introduce full border controls on imports of goods from the EU by the end of 2024. This Brexit-related change will bring EU import controls in line with those for the rest of the world. 

Originally, the Government had proposed that the first phase of additional controls on agri-food products, including further physical checks, would be introduced on 31 October 2023, with a second phase following on 31 January 2024. The first phase has now been shifted back to 31 January 2024, with the second phase due to follow on 30 April 2024. The timetable for introducing the requirement for safety and security declarations (which applies to all goods, not just agri-food) remains 31 October 2024. 

UK businesses reliant on EU imports need to ensure that their EU suppliers are aware of these changes, otherwise relevant shipments may be unable to enter the UK (for example due to incorrect paperwork). They should also prepare for a certain level of disruption until new procedures bed in – with the "pinch points" likely to occur around the time that new controls or other requirements are introduced. This of course assumes that there are no further postponements – which is not beyond the bounds of possibility. For further detail and discussion, read this briefing and our Beyond Brexit Q&A on goods trade.

The controversial legislation to enable the Government to revoke or reform retained EU law (the Retained EU Law (Revocation and Reform) Act or REUL Act) received Royal Assent in June 2023. Although some of the most heavily criticised aspects of the legislation have been removed (notably the original proposed "sunset" clause), it will still create a climate of uncertainty around retained EU law – particularly when it comes to how it is interpreted by the courts in future. Our briefing explains why and what this means for business. We also highlight the impact of both the new Act and other post-Brexit reforms in areas where EU-derived law remains relevant in the UK, including:

• Company law and M&A
  
  
• Contracts
  
  
• Data, e-commerce and tech
  
  
• Employment
  
  
• Environment
  
  
• Intellectual property
  
  
• Pensions

The UK has signed an agreement to join the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), covering 11 countries.

Despite the size of this trade agreement, its impact in practice is expected to be relatively small, mainly because the UK already has trade agreements with nine of the CPTPP's current members (Australia, Canada, Chile, Japan, Mexico, New Zealand, Peru, Singapore and Vietnam) – and the CPTPP's provisions add relatively little to those existing deals. The only "new" countries from the UK's perspective are Malaysia and Brunei Darussalam. Although China has applied to join the CPTPP, many commentators think that existing CPTPP members are unlikely to agree to its request to accede.

Businesses will not be able to take advantage of the CPTPP as regards trade between the UK and other member countries until all parties have completed their ratification processes; this is not expected to be completed until the second half of 2024.