UK-EU Trade Deal, non political legal discussion
UK-EU Trade Deal, non political legal discussion
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anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
Here is the Trade Deal.

https://assets.publishing.service.gov.uk/governmen...

Debate about Brexit, and about whether the deal is good, bad, or indifferent can rage on in NPE, but if you are interested in international law, this might be a place to discuss the legal content and effect of the deal without political angles.

The deal is, based on a quick shufty, written in fairly clear language (but I say that not having read the most techy bits, which may or may not require brain spanners).

The deal is to be interpreted according to the customary principles of public international law. Note that an interpretation by a UK Court will not bind an EU Court, and vice versa.

Disputes between the UK and the EU can be referred to an arbitration tribunal.

UK lawyers who specialised in EU law should, if they have not already done so (most have) (a) get qualified in Ireland, (b) bone up on UK Competition Law, and (c) convert themselves into intra-state arbitration lawyers.

Note that in many areas of economic activity, the parties have agreed to have similar rules, such being a basis for trade.

(Cue "Brexit is ace, yay freeeeeeeedom" and " Brexit sucks, shove yer blue passport up yer wazzoo" in 3, 2, 1 ...)



anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all

PorkInsider

6,585 posts

170 months

Sunday 27th December 2020
quotequote all
Thanks BV

I'm particularly interested in the temporary access for work purposes and the provision of services agreements, so will have a good look at that.

It seems, from reading IoG document you linked, that although though there's an agreement for up to 90 days of business visits in each 180 days some member states have opt-outs, so that will be interesting to delve into. I'll do some digging...

JeffreyD

6,155 posts

69 months

Sunday 27th December 2020
quotequote all
PorkInsider said:
Thanks BV

I'm particularly interested in the temporary access for work purposes and the provision of services agreements, so will have a good look at that.
In general if you are employed in the UK you will be able to travel to the EU to have meetings and the like.

It's more complex than that obviously and here is a basic list of the exemptions.


PorkInsider

6,585 posts

170 months

Sunday 27th December 2020
quotequote all
JeffreyD said:
In general if you are employed in the UK you will be able to travel to the EU to have meetings and the like.

It's more complex than that obviously and here is a basic list of the exemptions.
Thanks, it's the more complex bits I need to look at.

The basic agreement doesn't seem to cover much if anything in the way of providing consultancy services, or similar.

But even so, the 90-days limit may also come into play for us depending on what business we win in Europe now anyway. The agreement appears to be 90 days across all member states, so 7 weeks in Germany and 6 weeks in Italy would exceed it.

Not too much of a problem if it's decent lumps of work, but if the limit is reached it looks like each subsequent trip - even single days - will need a permit.

JeffreyD

6,155 posts

69 months

Sunday 27th December 2020
quotequote all
And each country has its own work permit requirements so it's not the same across the EU.


CABC

6,298 posts

130 months

Sunday 27th December 2020
quotequote all
ETIAS will presumably tie all the residency and visa databases together by next year so that your entry and exit to the entire Schengen area is monitored. That's quite a challenge, and supposed to be ready in just over 12 months time.

Helicopter123

8,831 posts

185 months

Sunday 27th December 2020
quotequote all
It does strike me as great news for legal professionals, both immediately as advice is taken on what the new rules mean for companies, and then in the longer term as disputes arise. Any youngsters considering career options today would be well advised to look at a law degree.

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
Yes, the increase in regulation and in scope for disputes benefits commercial lawyers, but do not do a law degree. Do something more interesting at university and train as a lawyer afterwards.

mattyprice4004

1,342 posts

203 months

Sunday 27th December 2020
quotequote all
The business I help run sends a lot to Europe; do we need to fill in CN22s and zero-rate VAT like we do for the USA etc?

I’ll of course have to familiarise myself in much more depth with it all, but I’m in day 4 of endless mince pies and brandy so a quick idea of the nightmare I’ll be dealing with on the 4th will be handy!

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
That sort of question you should put to your legal adviser or accountant, in house or external.

mattyprice4004

1,342 posts

203 months

Sunday 27th December 2020
quotequote all
Breadvan72 said:
That sort of question you should put to your legal adviser or accountant, in house or external.
I shall do, annoying as I’m completely at home with our current obligations and it’s me that deals with it all.

I liked it all the way it was laugh

Tyre Smoke

23,018 posts

290 months

Sunday 27th December 2020
quotequote all
mattyprice4004 said:
The business I help run sends a lot to Europe; do we need to fill in CN22s and zero-rate VAT like we do for the USA etc?

I’ll of course have to familiarise myself in much more depth with it all, but I’m in day 4 of endless mince pies and brandy so a quick idea of the nightmare I’ll be dealing with on the 4th will be handy!
Sounds like it. Although there is a trade agreement, we are no longer members of the borderless market. My understanding (and I might be wrong) is you will need appropriate paperwork to enter the EU with your goods, but won't require things like a Carnet to travel from say France to Italy. Paperwork into EU at point of entry only. Because there are no internal customs posts any more.

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
Given how critical it is to jobs and tax revenue, I can’t quite comprehend how vague and lacking the text is around the services industry.

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
It was a rush job and or some stuff was fudged.



Edited by anonymous-user on Sunday 27th December 13:42

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
True, but given how much effort went into fisheries which accounts for the square root of sod all in the scheme of things, I suppose I foolishly hoped the biggest part of our economy might have had a bit more focus. Silly of me wink

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
That is probably a comment for NPE. Here, we have to take the agreement as we find it. It says what it says. It doesn't say what it doesn't say.

anonymous-user

Original Poster:

83 months

Sunday 27th December 2020
quotequote all
Fair comment. The last thing I want to do is turn this into an NPE thread. <shudder>

JeffreyD

6,155 posts

69 months

Sunday 27th December 2020
quotequote all
charltjr said:
Fair comment. The last thing I want to do is turn this into an NPE thread. <shudder>
Agree.

I've asked questions and been ignored, same with comments. There's about 6 posters that argue amongst themselves to the detriment of everyone.

Getragdogleg

10,208 posts

212 months

Sunday 27th December 2020
quotequote all
I'm interested in buying a ropey old alfa from Malta and driving it back to Cornwall so I'm interested in understanding the extra hoops and costs.

Admittedly, this won't be for a while, so whatever is current now will probably change.

Business wise we drew a line under running the trucks to the EU a while ago and in all honesty I don't miss it, the costs and the extra paperwork and that was before brexit!