Medicinal and agrochemical products can be granted a Supplementary Protection Certificate, an intellectual property right associated with patents, to provide up to five years of additional rights and protections once their patents have expired. In order to apply for an SPC, a product must receive approval to be sold on the UK market. Under the Northern Ireland/Ireland Protocol, products to be sold in Northern Ireland must obtain approval under EU law, whilst products to be sold in the rest of the UK will obtain approval under UK law. Currently, this marketing authorisation is only given on a UK-wide basis. This regulation amends the market authorisation process to enable authorisations to be granted for the Northern Ireland market only and for the Great Britain market only.
Documents to download
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EEA Nationals (Indefinite Leave to Remain) Bill [HL]: Briefing for Lords Stages (253 KB, PDF)
The EEA Nationals (Indefinite Leave to Remain) Bill [HL] is a private member’s bill introduced by Lord Oates (Liberal Democrat). The bill had its first reading in the House of Lords on 6 July 2017 and is due to receive its second reading on 19 July 2019.
Once the UK leaves the EU, free movement rights will end. EU, EEA and Swiss nationals will become subject to UK immigration controls. Lord Oates has stated that the purpose of the bill is as follows:
The EEA Nationals (Indefinite Leave to Remain) Bill would provide a guarantee in British law that, regardless of the outcome of the EU withdrawal process, EU citizens, other EEA nationals and their family members living in the UK at the time of exit from the EU, would be granted indefinite leave to remain in the United Kingdom.
The bill would grant the right of abode to EEA nationals who were resident in the UK on the date of exit from the EU and their family members.
The Government has already established a scheme to allow EU, EEA and Swiss citizens living in the UK and their family members to secure their long-term status in the UK post-Brexit. This scheme is in line with the citizens’ rights provisions of the draft withdrawal agreement negotiated between the EU and the UK. The Government has said it will continue with the EU Settlement Scheme if the UK leaves the EU with no deal. However, there would be some changes to the scheme if that happened, for example to the cut-off dates for applying.
Unlike the arrangement proposed by the bill, the Government’s EU Settlement Scheme does not automatically grant the right to remain lawfully in the UK after Brexit. Instead, individuals must make an application. The status they are granted depends on the length of the applicant’s residency in the UK. The design of the scheme has been criticised for requiring individuals to make an application. Groups such as The 3 Million (a campaign group representing EU citizens in the UK) and the House of Commons Home Affairs Committee support a declaratory approach. This would mean EEA citizens residing in the UK before a certain date would automatically acquire a new status allowing them to stay, and they could apply for a document to prove their status.
Related Links
Documents to download
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EEA Nationals (Indefinite Leave to Remain) Bill [HL]: Briefing for Lords Stages (253 KB, PDF)
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The Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020 govern how on-demand programming and video-sharing platforms will be regulated after the Brexit transition period ends.
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The regulation of product safety, and weights and measures, is based on EU law. The European Union (Withdrawal) Act 2018 brings this EU law into UK statute, so that it will continue to have effect after the end of the transition period. Amendments since have made to enable this framework to operate smoothly in the UK, and added provisions such as a UK conformity mark. This article looks at a further statutory instrument that amends retained EU law in the area, particularly in light of the Northern Ireland Protocol.
