Task Forces, Brexit and the legal perspective with Helena Raulus

We talk to Helena Raulus of the UK Law Societies, Chair of our Single Market Task Force and member of the EU – UK Future Relations Committee

What are your biggest priorities at the moment?

As Head of the UK Law Societies’ Brussels Office, my daily work revolves mainly around Brexit right now. I have a particular expertise on the different forms of EU cooperation in judicial matters and the functioning of mutual recognition within the Single Market. Of course this has a special relevance now , as the UK and EU are currently in the act of re-defining the structure of their relationship.

The discussions in the Single Market Task Force support my work, as many of the EU internal market developments will still be of great relevance to UK lawyers and their clients who operate in the EU.

What single market issues are on the table now?

The tax transparency and fairness, and the anti-money laundering initiatives are of particular interest to the legal profession, and to businesses operating in a cross-border context. Both the EU and the UK will try to maintain an open and well-regulated digital economy, which means that there will be further proposals on data transfers, data localisation or blockchain technology.

What should we be looking out for?

Both sides will have to examine how to regulate the platforms of the sharing economy: are these really new forms of doing business? Or are they just extensions of a franchise-type of activity where the same mechanisms of employment or the provision of services for money take place? If so, how can the current regulations apply to these new businesses?

Given that these challenges are the same both for the EU and the UK, and that it is foreseeable that the EU and the UK economies will be linked for the coming decades (regardless of the shape of the ultimate deal), it is useful for me to participate not only in the Brexit discussions, but to be aware of the developments in the single market more generally. This is something that the Task Force provides me with, as I have access to its members’ broad expertise.

How do task forces work? How can members get the most out of them?

The job of the chair and vice-chairs is help ensure that the chamber’s meeting programme is really valuable to members. We advise on the priority issues for business, who are the key players and what are the key points in the decision-making process. That way we can say who members need to talk to, about what, and when.

Any member can influence our programme by letting us know what’s important to them. Drop us a line here, or talk to me or a member of the chamber team!

Preparing for Brexit

Preparing for Brexit 

It is less than 5 months until Brexit and the Article 50 deadline on 29 March 2019, and whilst rumours abound of deals, unfortunately – from a business perspective – the spectre of a non-orderly withdrawal outcome remains fully in view. With a few exceptions, it is a wide and deep business consensus that such a no-deal outcome would be an extremely disruptive negative outcome for economic operators on both sides of the Channel. It’s worth repeating – from a business perspective – no deal is the worst deal for everyone.

If there is no withdrawal deal, one might hope there will be side deals covering key issues such as aviation or data, but this cannot be guaranteed, particularly if negotiations break down badly. Consequences will be unpredictable, both politically and economically.

Irrespective of that, we can expect significant disruption at all UK/EU borders – notably with France, Belgium, the Netherlands and in main airports. This is a simple function of the UK leaving the Customs Union and the Single Market without a ready replacement legal framework and with the systems developed to take over.

The situation of the Irish Border in the case of no deal is also unclear – both sides have committed to no ‘hard border’, though both sides may have legal obligations under both EU law in the case of Ireland, and under the WTO in the case of the UK to undertake customs and regulatory checks. Once the UK has left the EU Customs Union and Single Market, there will have to be checks and formalities for goods, the only question is where these checks will take place and exactly what formalities will be applicable.

Preparedness notices from both the EU and the UK Government have flagged the respective legal provisions at the moment of the UK leaving the EU, but do not give a clear roadmap for affected businesses in the case of a collapse of the withdrawal negotiations or a non-ratification by the respective parliaments.

At a minimum, companies should be looking at the potential impact on their supply chains of a potential raising of regulatory and customs barriers, possible queues on both sides of the border as new systems and formalities are introduced, as well as the possible restriction of freedom of movement for staff. On a sector by sector basis, the cessation of regulatory arrangement and licensing may also create new barriers to market.

The British Chamber of Commerce | EU & Belgium will stay close to the UK Government, the EU institutions and the Belgian Authorities during this challenging period. We are the go to organisation that authorities are asking for feedback from on business concerns. Get in touch, use our platform and share your concerns, specific or otherwise so that we can get them to the right people.

Matt Hinde, Fleishman Hillard, and Morten Petersen, EPPA, Co-Chairs of the Future Relations Committee

If you have more questions about the prospect of a no deal Brexit, you can find more information on our website page – What to do if there is no deal?

Our next Brexit event – Brexit and Future Relations – An Update on the Irish Perspective – will take place on the 20th November. You can find more information on our website.

 

 

Remembering the Holocaust: A Shared Responsibility

Saturday, the 27^th January, marks the annual International Day of Commemoration in Memory of the Victims of the Holocaust, as designated by the United Nations (UN).

It’s a day to commemorate and remember the Holocaust, and reflect on the 6 million Jewish people killed, as well as the persecution and deaths of Roma, LGBT and disabled people.

World leaders and survivors speak out around the Holocaust, its aftermath and why it should never be forgotten.

Much emphasis is put on the need for future generations to learn about the Holocaust and for the world to work towards preventing genocide. This year the theme is “Holocaust Remembrance and Education: Our Shared Responsibility”.

In Britain, the 11^th of November is the day most synonymous with Remembrance, however, Remembrance is something that takes place all year round.

There are many different reference points, such as the International Day of Commemoration in Memory of the Victims of the Holocaust, which give people a chance to reflect on the horrors and lessons of previous conflicts and historical events, and the importance of remembering them.

Britain as a nation has strong links to the international Jewish community and has a growing one within it too. It was also British soldiers that liberated the infamous Bergen-Belson concentration camp in Nazi Germany, in 1945.

The Royal British Legion in its role as National Custodian of Remembrance exists to ensure that the memory and sacrifice from the First World War to present day conflicts are not forgotten.

Today the National Memorial Arboretum in Staffordshire, which is part of The Royal British Legion, will hold a Holocaust Memorial Day chapel service to mark the day.

We are proud of our partnership with a range of Jewish community organisations across England, Wales and Northern Ireland, and we remember the 41,000 British Jews who fought in World War One, and the 65,000 who fought in World War Two.

We work closely with Jewish Veteran Associations like The Association of Jewish Ex-Servicemen and Women to raise awareness that the percentage of Jewish men and women killed on active service during the two wars was the highest of any ethnic group, and of the Jewish soldiers who were recognised for their bravery, including eight Victoria Cross recipients.

Every year the Association of Jewish Ex-Servicemen and Women join 10,000 other veterans at the Legion’s March Past the Cenotaph on the 11^th November, in Whitehall.

As WW2 fades from living memory, the challenge that faces Remembrance as a whole, not just the Legion, is maintaining the events in modern consciousness and making them relevant to younger audiences.  This is a challenge we cannot take on our own, however.  It is therefore that I urge business leaders to not only reflect on the Holocaust today, but to think about how you can leverage your company’s history, resources and communities to help keep the torch of Remembrance alive and ensure it is passed on to the next generation in good stead.

Just like the theme of the Annual International Day of Commemoration in Memory of the Victims of the Holocaust states – Remembrance is a shared responsibility.

15 things you know about the British Chamber as Chief Executive

We sat down with Glenn Vaughan, Chief Executive of the British Chamber of Commerce | EU & Belgium and he told us 15 interesting, historical and weird facts about the chamber.

1. The British Chamber has been around since 1898.
2. The chamber was called the Anglo-American Chamber of Commerce for a while.
3. Our oldest member, Law Square – PWC joined as the Cooper Brothers in 1920.

 

 

4. Our first Strasbourg visit was in 1986.

 

5. Superdry, the company that everyone thinks is Japanese is actually a British company. Its first export market was Belgium. They opened stores in Antwerp, Brussels and Knokke. Superdry’s annual turnover between 2016-2017 was £453 million.

 

6.  GSK is the single largest foreign investor in the Belgian economy.

7. Members of our members employ 120,000 people in Belgium, 1.2 million people in the UK and even more in the rest of the EU.

8. Only 30% of our members are British companies.

9. BMW is the third largest industrial employer in the UK.

 

10. We have over 4,000 visitors per year at our events.

11. The UK is the fourth largest foreign investor in Belgium.

12. 1 million cars are exported to the UK from the Port of Zeebrugge.

Image from LNG World News Staff

13. Belgium is a top 10 export market for the UK. It wasn’t until recently that Belgium was overtaken by China as an export market.

14. 70% of UK – EU trade is with just six countries. Those countries are Belgium, Denmark, France, Germany, Ireland and the Netherlands.

15. West Flanders is a major centre for deep frozen vegetables supplying English supermarkets.

Bonus fact:

Belgium is a major exporter of carpets to the UK. If Brexit makes you feel like “chewing the carpet,” bit might well be from Belgium.

Image credit: Rakuten

 

A Day in the Life of An Ambassador: Olivier Nicoloff

My days begin with my cat looking at me and he is not happy: he was not allowed to spend the night in my bedroom, and he wants me to know his displeasure. The fact that I drink my coffee and read the news distracts me from playing with him, and that doesn’t help.

That’s the only predictable moment in my day as an Ambassador in Belgium.

 

 

Whenever I can, I walk to the office, a 40-minute walk, a moment to consider the day ahead, a moment to put my thoughts together, a moment to plan. And yes, a moment when I’m feeling lucky because I don’t have to drive to work.

But I often have to hit the road. I’m also accredited to Luxembourg and I probably know by now all the bumps on the road between the two capitals, as I know also most of them between Brussels and Ieper, Antwerp, Namur and so many other cities. I come from a federation, like Belgium: I know that the capital is beautiful and important, I know that one needs to leave it to meet the entire country.

The geography is not the only challenge. In the same day I can deliver a demarche on a foreign policy issue, meet an artist, visit a company, be informed of a consular case, attend an official event, plan another one, complain (silently) about a bureaucratic requirement, draft or revise a note, brainstorm with colleagues, check on them. And make a speech.

I speak in public often: at business events; at commemoration ceremonies; on so many other diverse occasions. And because my 92-year old mother who lives in Montreal wants pictures of me, I send her pictures of those events. She then asks me if I’m doing something other than just speaking. “Yes mother, I’m also sending you pictures of me speaking.”

Because this year is the 100^th anniversary of the battle of Passchendaele I spend a lot of time attending commemoration ceremonies. For the last two months I didn’t need to worry about what I would do come the weekend. The small ceremonies, sometimes with Canadian families present, are the most touching: there is hesitation and lovely mistakes, the protocol is imperfect, the children who play a role look at me with pride and nervousness, the emotions run high, it’s life as its best –as we remember those many soldiers who lost their own.

But I also have to be present on social media. Diplomacy is a very old profession and if its logic has not changed, its tools have. I was told that I have to be active on the social media. I tried to argue that I was raised in another world, a world where the printed word was everything, but the argument was dismissed. I don’t have my kids with me to help me, I’m missing them -and I miss my electric typewriter.

There is always an occasion in my day to remind me that to work in Brussels as Canadian Ambassador for bilateral relations is a real privilege. Our countries are really close, our relations are deeply and emotionally rooted in the tragic European history, the trade relationship keeps growing, the number of active links between our various institutions is impossible to count, and there is real friendship even we don’t agree on all issues.

And then I come back home, but my day is not necessarily over. My colleagues in Ottawa seem to get a new burst of energy at the end of their day, forgetting that by then I’m well into my night. The internet knows no time zones, but my body does.

And my cat complains that I don’t let him in the bedroom.

Employment opportunities: British Black youth and the ‘ethnic penalty’

The persisting ‘ethnic penalty’ encountered by British black and ethnic minority within the employment market has been reported by a plethora of bodies, namely British parliamentary committees (i.e., Department for Work and Pensions), the Equality and Human Rights Commission, leading think thanks (i.e., the Runneymede Trust), trade unions (i.e., Trade Union Council) and so forth. The ‘ethnic penalty’ concerns the barriers to opportunities and discrimination experienced by groups of people due to their race and ethnicity.

Within this context of barriers to black and ethnic minorities and employment opportunities there is the question of the plight of British black and ethnic minority young people. According to a recent report by the UK’s Parliamentary Work and Pensions Committee (1), “There are stark differences in youth unemployment by ethnic group. In the year to June 2016, the unemployment rate among 16-24 year olds was 30% for black people, 26% for people from Bangladeshi or Pakistani ethnic background, and 13% for white people. While unemployment rates fall substantially with age for all ethnicities, the relative positions of the groups largely persist (2017, 11).”

 

Moreover, within this demographic is the ‘silent catastrophe’ or ‘moral panic’ concerning young black men, particularly of African and Caribbean background. Young black men have higher unemployment rates than all other groups of young people. The discrepancy between unemployment rates for young black men and white men has widened in recent decades. Essentially, young black men experience higher rates of unemployment notwithstanding their favourable educational attainment and regardless of their level of qualification. Moreover, black university graduates are twice as likely to be unemployed as white graduate (2).

The implications of this lamentable waste of “human capital” for the individual, families, communities and society is cataclysmic. In order to address the situation of Britain’s black youth unemployment urgent transformative measures are required which include:

• Robust data and knowledge gathering on how the intersecting aspects of ‘race’, social class, affects young black people access to employment opportunities.
• Government intervention which requires all employers and occupational training providers to set targets for the recruitment of vulnerable groups. Notwithstanding that all minority groups are affected by the ‘ethnic penalty’ in some form but for black young people starting out in life it is a major impediment. Thus, it is crucial that the government set the conditions for the necessary change.
• The need for effective penalties for employers found to be discriminating against black applicants.
• The need to give greater incentives to employers to recruit, retain and progress young black people’s careers.
• Monitoring youth programmes and apprenticeship schemes for their achievement and success in obtaining black young people’s participation and permanent job offered on completion.
• Promoting vocational educational pathways for young people – particularly careers advice and pursuing parity of esteem between vocational and academic qualifications.
• Setting priorities for youth training and employment: vocational qualifications and developing a diverse workforce.

 

There is a key role for employers to play in reducing the ‘ethnic penalty’ and they could begin this process by examining their recruitment procedures.

 

References:

1. House of Commons Work and Pensions Committee, Employment opportunities for young people 2017, Ninth Report of Session 2016-7. Published on 29th March 2017.
2. Wright, C; Standen, P; Patel, T. (2010), Black Youth Matters: Transitions from School to Success, London and New York: Routledge.

 

Professor Cecile Wright, School of Sociology and Social Policy, University of Nottingham UK, Highfield House, University, University Park, Nottingham NG7 2RD. UK

Brexit – the Voices of European Business

New research by the Council of British Chambers of Commerce in Europe (COBCOE) aims to give European businesses a voice. Key areas of common interest are identified, highlighting the priorities for a Brexit that secures prosperity for Europe.

Business leaders across Europe need to be listened to. They also need clear signals from the EU and UK that will allow them to plan. These are just two of the key messages to come out of COBCOE’s report, “Brexit – the Voices of European Business.”

The research, which involved around 1,000 businesses across the continent shows that uncertainty about the Brexit process and the outcome of negotiations coupled with a potentially short timeframe for change, has already impacted investment and commercial decisions. Managing the risk that this uncertainty presents is not only a drag on productivity, it means that progress on wider policy issues, such as the  development of the digital economy, could be delayed by the focus on Brexit.

Three main themes emerged during the course of the research which are highlighted in the report:

1. Barriers to trade – maintaining a frictionless European economy;
2. Uncertainty and disruption in the Brexit process; and
3. The UK’s role as Europe’s global springboard. It includes many real-life examples of how firms are being impacted.

The research also uncovered concerns about the UK being partitioned off – even among European companies not directly engaged in trade with the UK. This is because many European businesses value the UK for its financial markets, regulatory infrastructure and world-class research and development.

The UK acts as a gateway for international investment and is considered to be a business-friendly force within the EU.

The 1,000 businesses which participated through round table discussions, a survey and poll, perceived a lack of engagement from governments and negotiators.

David Thomas, Executive Chairman of COBCOE pointed out “Europe’s prosperity depends on successful economic relationships between neighbouring businesses and consumers. Disregarding these engines of commerce and wealth creation will make Brexit the cliff face on which such relationships will deteriorate.

“The negotiators’ apparent ‘zero sum’ approach, whereby a loss to one side means a gain for the other, does not reflect reality. The risks and uncertainties that firms across Europe now face undermine European productivity and competitiveness. Agreement on the future framework for economic relations between the EU and agreement on a plan for a transitional period must be made without delay.

COBCOE has presented this report to the UK Government Department for Exiting the European Union and will soon be presenting it to the European Commission Taskforce on Article 50 Negotiations. Charles Brasted, Partner at Hogan Lovells, the international law firm which supports the project, said, “The voices in this report are a unique contribution to the discussion of what kind of post-Brexit Europe is needed and how we should get there. Businesses around Europe and across sectors are clear that Europe needs a strong and connected UK to continue to thrive, because it is central to access to capital, innovation and talent.

“European businesses recognise that they have to work with the process that Brexit has begun and that some change will be needed to give effect to it; but they need, as a matter of urgency, a predictable framework within which to continue to operate, plan, grow and compete during that period of change, and beyond. Agreement on a plan for the transitional period should not be delayed any longer, so that businesses have as much time and information as possible to plan and implement contingencies effectively and can avoid making costly adjustments that prove unnecessary in hindsight.”

Golden Bridge Trade and Investment Awards 2017 – Last Call for Applications

Gain visibility and recognition for excellence in trade and export by applying for the Golden Bridge Trade and Investment Awards.

What is the Golden Bridge Trade and Export Awards?

The 2017 Golden Bridge Trade and Investment Awards present an exciting opportunity for UK companies trading or investing in Belgium, and Belgian and Luxembourgian companies trading or investing in the UK to showcase their bilateral success to an international jury and celebrate their achievements during an exclusive ceremony hosted by the British Ambassador to Belgium, Alison Rose at the British Residence in Brussels, at the heart of Europe.

The Golden Bridge Awards is co-organised by the British Chamber of Commerce in Belgium and the Belgian-Luxembourg Chamber of Commerce in Great Britain.

Fun fact: Belgium was the 7th largest export market to the UK and the UK was the 12th largest export market to Belgium last year.

Why should you apply?

Expand your international network, gain business and political expertise, receive recognition for your achievements.

The Golden Bridge Award opens doors to an international network and the connections businesses need to succeed both at home and abroad. Our international panel of judges from the business community are also affiliated with regional trade and investment bodies as well as embassies from the UK, Belgium and Luxembourg.

Winning a Golden Bridge Award will solidify your credibility on any of the three markets and will reinforce your pivotal role  in the economic relationship between Belgium, the U.K. and Luxembourg.

Previous winners of the Best Newcomer category, Orega, shared that the recognition for their export credentials gave them even greater visibility.

“It has sent the right message to our business partners based in Belgium. The award delivers to our potential customers a strong message, as we were new comers on the market.”
-Orega, Golden Bridge Best Newcomer Winner 2016

The award made a positive impression on their business partners with their improved credibility.

Bel’Export, 2016 winner of the Golden Bridge Award for UK business to Belgium, shared that the Golden Bridge award raised their company profile internationally as well as at home.

“As company you gain visibility, in – and outside the UK. It is a recognition for doing a good job.”

-Bel’Export, Golden Bridge Winner 2016

What will you win?

The winners of the Global Bridge award will receive:

• Visibility at the awards event itself.
• A one-year free membership* of the British Chamber. If you qualify under our SME criteria, you receive free  membership already if you are shortlisted as a finalist.
• Participation in our Golden Bridge Awards Winners’ Day programme in Brussels in January 2018 to celebrate your success.
• Your company featured in the British Chamber’s annual publications and in articles on our social media channels.

Apply now! The final registration deadline is 30^th September!
Do you want to be a Golden Bridge Awards partner? Check the Golden Bridge Trade & Investment Award page on our website for more information or contact Alexandra Trandafir at alexandra@britishchamber.be.

 The Gala Dinner for the Golden Bridge Awards will take place on Wednesday 22^nd November 2017 at The British Ambassador’s Residence in Brussels. The applicants will be shortlisted based on their financial performance, their innovation and strategy abroad, and their motivation for entering the awards.

*regular membership

The Tax, Finance and Legal task force needs your participation!

One of the British Chamber’s task forces is the Tax, Finance and Legal (TFL) task force. Its members include representatives of large to medium size accounting and tax firms, law firms, and some of the largest banks.

The Tax, Finance and Legal task force delivers regular seminars on practical tax, financial, economic and legal issues and updates for (international) businesses operating in Belgium.  These seminars offer British Chamber members the opportunity to showcase their expertise to a wide network of business professionals. Seminars hosted in 2018 included:

 

• Politics and economics collide: Looming crisis or myth? – An informative presentation outlining how political developments such as Trump’s policies and Brexit will impact business operations and opportunities in Belgium, UK and broadly in Europe.
• Masterclass in cross-border estate planning – At this event we heard how to plan your estate like an expert, and how you can save on Belgian and overseas inheritance tax.
• Are you or your employees working in different countries? Here is what you need to know – For anyone who frequently operates in multiple countries, or manages employees who do so, this seminar gave advice on the best solutions for any tax, social security and labour law issues they might face

 

 

 

 

 

The Tax, Finance & Legal task force also oversees the chamber’s annual Expat Financial Affairs conference, allowing expats to listen to informative presentations on investments, pensions, self-employment and estate planning, and mingle with fellow expats over food and drinks.

Although of course Brexit and facilitating business with the UK are an important part of our agenda, the TFL activities are still aimed at a much larger group of international companies and expats in Belgium.

Since we want to focus on topics that are of interest to our members, please let the TFL task force know about any tax, finance or legal topic you would like to see covered. Or if you would like to get actively involved in an event, please propose topics you would be interested in driving by contacting the team

 

We look forward to hearing from you.

 

Marc Verbeek, Tax Partner, Crowe Spark & Chair, Tax, Finance and Legal Task Force

Fork in the road: Brexit and the choice facing Britain in March 2019

from Helena Raulus of the UK Law Societies

As the debate in the UK Parliament on the ratification of the draft Withdrawal Agreement begins, it is a useful time to analyse the consequences of the adoption (or non-adoption) of the Agreement from a legal perspective.

If the Agreement is not ratified, the main concern is that this could lead to a ‘no deal Brexit’, whereby the UK exits the EU without concluding any overarching deal (or deals) with the EU.

Due to the very different legal mechanisms governing international rules on trade and other areas of cooperation, both the UK and EU will face a distinct fork in a road at the end of March next year.

Ratification of the Agreement will ensure on the one hand that the UK leaves the EU on 29 March 2019 and, on the other hand, that its departure takes place in an orderly manner. The Agreement sets out the framework that provides for a transition period, during which time negotiations for a new EU-UK relationship can take place, in addition to new agreements with third countries.

The ratification also guarantees the package of rights for UK citizens in the EU and EU citizens in the UK, as well as the Northern Irish backstop after the transition period (the backstop will become applicable only if the new agreement requires specific measures to be taken).

A ‘no deal Brexit’, in contrast, will bring an immediate end to EU-UK cooperation and the existing legal framework. The trading and legal relationship will change abruptly and the UK will revert to a third country framework, where there are no special trade agreements to facilitate relations.

The pressing question in this situation is: what can be introduced quickly to help the continuation of trade and cooperation between the UK and EU?

The first question is whether the Withdrawal Agreement could be applied in parts in this situation. It would be useful to mitigate against the worst effects of a ‘no deal Brexit’. However, this is doubtful as in this situation Article 50 will have run its course and will not be applicable anymore.

In this scenario a new UK-EU agreement would need to be negotiated under the rules set out in the EU Treaties. This comes with the consequence in that if a matter falls under national competences, the new agreement will need to be ratified not only by the EU itself but also all of the member states. This would be case in particular with regard to the transition period, as it aims to replicate the full EU legal framework, and deeply covers both EU and member state competences. The Treaties are clear in that, for example, internal market rules fall under mixed competences, not under exclusive EU competences.

Consequently, any measures taken will need to be assessed through the prism of who has the power to adopt the initiatives agreed. This leaves three options.

The first is where the EU and UK can take unilateral measures to facilitate trade in a ‘no deal Brexit’. For example, the EU has the power to declare adequacy or equivalence with regarding to passporting for financial services and data flows.

However, where there is a requirement of reciprocity, things may not be so straight-forward. This is the case for example in relation to visas, where the EU declared that is willing to waive visas for UK citizens, but only if the UK does not require EU citizens to apply for visas.

Then there are areas where a specific agreement between the parties is generally required to provide for reciprocity.

It is possible to conclude an agreement between the EU and the UK, or between an EU member state and the UK. It is also possible to conclude a mixed agreement, where the EU, the member states and the UK are all parties to the agreement.

The quickest form of agreement to ratify is one where there is an agreement between the EU and the UK. This type of agreement requires a reading in the European Parliament and the member states to sign off in the Council. However, this process can be used only where the EU has exclusive competence – for example with regard to the trade in goods and services, but not internal market access, for example.

In all other cases, where the EU does not have exclusive competence, it is possible to work out bilateral agreements with the member states. It would be possible to make a mixed agreement with the EU and all the member states, but the negotiations of these agreements are complicated, not to mention the ratification which usually takes at least a couple of years. Therefore, bilateral negotiations may be the quickest route should the UK find itself in a ‘no deal’ scenario.

However, it must be kept in mind that any bilateral negotiations cannot breach or infringe upon the exclusive competences of the EU. Trade in goods and transport are of particular interest here, as one of the crucial priorities in a no deal situation would be to ensure that food and medicines can reach the UK market.

As a result, the consequences of a ‘no deal Brexit’ would set the UK on a very difficult and radically different path compared to that of the Withdrawal Agreement. This is a path from where it will take time to recover and reach the agreements needed to fully resume trade between both blocs.

A version of this article has also been published in the November edition of the UK Law Societies’ Brussels Agenda.

Autumn in Review – EU Events

Like every autumn in Brussels, this one didn’t disappoint with regard to its packed schedule, and we would like to believe that we didn’t either!

We kicked off with the discussion on Cartel Enforcement: Current Practice and Updates where we learned that since February 2018, companies breaching antitrust regulations by taking part in cartels has resulted in hundreds of million in fines, while ¾ of cartel cases originate from leniency applications.

On a different note, Kate Kalutkiewicz updated our members on the state of play with regard to EU-US Trade Deals. A special emphasis was put on China and the current state of trade relations with the US, as an increasing threat of a trade war looms between both countries, plus we discussed the reform of the Dispute Settlement System in the WTO and the view of the US on the Mutual Recognition Agreements (MRA). More specific trade sectors were also examined, such as chemicals, aluminium and car company regulations.

We also hosted a panel debate on eHealth – Engendering Health Systems’ Sustainability. The positive impact that eHealth can have on EU member States’ Health Systems was stressed throughout the discussion between the panellists and the participants. A wider implementation of digital health across the EU would allow, amongst others, tremendous savings resulting from the use of mobile health applications. A better pooling of data at the EU level would also have huge benefits, reducing for instance the time to diagnose rare disease. The main issue in this field arises from data privacy, record linkage and a lack of incentives from both doctors and governments to use digital technologies.

Under the Future Relations Committee, the chamber organised three events, starting with the roundtable debate with legal industry and the UK Justice Minister on EU-UK Civil Judicial Cooperation, Lucy Frazer. At this event we had the opportunity to discuss how the UK’s withdrawal from the EU has created many legal complications due to the intertwining of UK and EU law. It can be seen as one of the largest areas to negotiate in the agreement as companies wish for the legal protection to remain consistent, or at least to have a large enough transition period so that the adjustment is smooth. The second event saw Philip Rycroft, DExEU Permanent Secretary, give an Update of the UK EU Exit planning process, and finally we hosted the UK Ambassador to Belgium, Alison Rose, who updated us on the current situation in the negotiation process.

Our last event in September was organised with our members Digital Together, who took part in the workshop Digital Movers and Consumers. The objective was to initiate the creation of a dialogue between digital businesses, non-digital businesses, consumer associations, policy makers and other stakeholders to ensure that all viewpoints are shared to help formulate appropriate future regulation and legislation in the digital space in Europe.

Just two days before a crucial Parliamentary vote, we hosted a debate on Single Use Plastics , where many concerns and issues for industry were raised, in particular the issue on the Extended Producer Responsibility (EPR) and its lack of clarity.

Our FDI Screening Mechanisms event kept our members informed, helping us to understand that the EU has no single Foreign Direct Investment (FDI) screening mechanism, but several states in the EU have their own screening mechanism, which are strongly related to national security.

Finally, to finish the month of October, we organised a discussion on eCommerce after Coty and beyond, during which we heard about the Coty decision, which saw the European Court of Justice (ECJ) ruling that luxury good suppliers may prohibit the online sale of their goods by authorised retailers on third-party platform (such as Amazon) – a fascinating example of the intricacy of the enforcement of e-commerce rules.

If you want to learn more about our events, please visit our website, read our detailed event reports or join us at one in the future.

Bernada Cunj

Head of EU Events and Policy

The British Chamber of Commerce | EU & Belgium

Meeting with Brexit Secretary Dominic Raab

On Thursday 25th October, the British Chamber’s CEO Glenn Vaughan met with Brexit Secretary Dominic Raab for a landmark meeting alongside representatives from chambers across Europe. Glenn shares his thoughts following the meeting:

There’s no certainty – but more clarity and confidence can be built

Last Thursday I was part of a delegation of national chambers of commerce that met Secretary of State, Dominic Raab, Brexit Minister Robin Walker and the top officials from his department. Countries represented were Germany, France, Ireland, the Netherlands, Belgium and Denmark – as well as Britain.

The message from our own members was supported by detail from our expert Future Relations Committee, and echoed loudly by national chambers representing 70% of all EU-UK trade:

• No-deal is not an option – for either side. It would create very severe disruption for everyone.
• When a withdrawal agreement is finalised, the next phase of negotiations must proceed quickly. There’s no room for a leisurely go-slow while the EU manages its institutional changeover or London lines up its ducks.
• Regulatory alignment is extremely important if we are to get close to ‘frictionless trade’ in a future agreement.

The need for certainty underlies everything we have to say, but right now it is a long way off. Each new piece of progress only reveals the next cause of uncertainty. An agreement at a hoped for November European summit will need to be approved, especially in the UK parliament.  Once a withdrawal agreement is sealed, that’s the point from which we can start to work towards clarity – step by step.

We expect both the UK and the EU to take that opportunity to specify a clear destination and make clear and practical steps towards it, building confidence as they go. Another period of putting off decisions, until the next cliff edge is reached, is no good for anyone.

Breaking Myths about Belgian Elections

This blog post was written by guest contributor Thomas Huddlestone, Research Director of Migration Policy Group.

The Brussels Region suffers from one of the largest democratic deficits in the European Union. EU citizens (222,819) and non-EU citizens with 5+ years’ residence (64,171) could be ONE THIRD of all Brussels voters in October’s local elections. That is enormous in Belgian local elections, where councilors can be elected with just a few hundred votes.

Lack of information is the major obstacle. Myths around elections persist and dissuade people from registering. Most non-Belgian citizens have not yet voted in Belgium because they did not receive the right information in time on why and how to vote. For example, did you know:

Voting is not exactly “obligatory” for non-Belgians. Although Belgian citizens must vote in every election, non-Belgian citizens who sign up must vote in that specific election. But then they can de-register as a voter any time up to 3 months before any election by sending a simple letter or email to your commune’s population service. Think of voting as an “opt-in/opt-out” system!

In practice, there are hardly any consequences if you are not able to vote. If you are abroad, sick or unable to vote for other reasons, simply complete a proxy form available on the website of your commune and give it to another voter who votes in your voting place. If you don’t vote or give a proxy, the judicial system “could” give a fine of 30-60 euros to ALL first-time non-voters, but NO ONE in Belgium has been fined since 2003.

No problems with your status or country of origin: The voter lists are local and secret and not shared with any external party. Voting in Belgian communal elections does not have any impact on any of your rights in your country of origin or on your status here in Belgium as any such impact would be contrary to Directive 94/80/EC.

Who can sign up to vote? All European Union citizens who are registered in their commune or have the special ID card. Citizens of other non-EU countries must have 5 years of residence in Belgium.

How to sign up as a voter? The procedure is extremely simple. The form is just one-page-long. No costs, no queues and no appointments are necessary! A photocopy of ID card is recommended but not required!

• Download the form on the website of your commune, the region (elections2018.brussels/documents) or www.commissioner.brussels. Sign and send it, along with, if possible, a photocopy of your ID, by email (see list of communes www.commissioner.brussels) by post, in person or via a third-party like VoteBrussels

The deadline to sign up is 31 July 2018. Your confirmation will arrive by post. If you have already signed up for the previous communal elections in Belgium, you don’t need to re-register. But everyone should share this information and form with all of their friends to inform and inspire them to sign up to vote!

For more information, a collaborative campaign has been launched with support from the European Commission and Brussels Region:

“VoteBrussels” campaign, created by the Migration Policy Group AISBL and co-funded by the European Commission’s “Rights, Equality and Citizenship 2014-2020” program, as part of the FAIREU project led by the European Citizen Action Service (ECAS)