Latest Customs Audit and Enforcement Trends in Europe and the United Kingdom
In this session, our speakers discuss the legal framework and practical issues related to customs audits in Europe and the United Kingdom, areas of importance for EU and UK customs authorities during audits, and how to effectively prepare for and navigate customs audits. They also share key EU and UK customs enforcement updates and priorities, to include the latest developments relating to forced labor laws.
On 14 November, the UK Government confirmed that it would continue to recognize the CE marking in Great Britain for another two years (until 31 December 2024) giving businesses extra time to prepare for the mandatory introduction of the UK Conformity Assessed (UKCA) marking. Businesses can continue to use the new UKCA marking voluntarily until then, giving them flexibility to choose which marking to apply.
Baker McKenzie’s Sanctions Blog published the alert titled UK Sanctions against Russia: Announcement by OFSI on the Oil Price Cap exemption on 16 November 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
At COP 27 in November 2022, South Africa launched its new Just Energy Transition Investment Plan and announced a five-year investment plan for the USD 8.5 billion financing package, which was announced as part of the country’s Just Energy Transition Partnership with France, Germany, the United Kingdom, the United States and the European Union at COP 26. The JET IP is aligned with the Cabinet-approved National Just Transition Framework and outlines the investments required to achieve the country’s decarbonization commitments, while promoting sustainable development, and ensuring a just transition for affected workers and communities.
Baker McKenzie’s Sanctions Blog published the alert titled UK introduces further sanctions against Russia on 7 November 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
The UK government has announced that the implementation of the future UK Medical Device Regulations will be pushed back from 1 July 2023 to 1 July 2024. The MHRA’s announcement means that CE-marked products will continue to be accepted in Great Britain and manufacturers will only be required to obtain a UK Conformity Assessed mark from July 2024. As a result, this extension will provide manufacturers an extra year to ensure that their products are compliant with the new UK regime.
The Employment Appeal Tribunal has given some helpful guidance on what constitutes a valid job evaluation scheme for the purposes of bringing an equal pay claim under the Equality Act 2010.
This edition of the “Working with Unions” bulletin covers the period of April to September 2022 and includes: (i) the decision of the Employment Appeal Tribunal in INEOS Infrastructure Grangemouth Limited v Jones & Others and INEOS Chemicals Grangemouth Limited v Arnott & Others, clarifying the scope of the unlawful inducements in collective bargaining provisions under section 145B of the Trade Unions and Labour Relations (Consolidation) Act following last year’s Supreme Court decision of Kostal v Dunkley, and (ii) the Court of Appeal’s decision in USDAW and others v Tesco Stores Ltd which reversed the High Court’s decision to grant an injunction preventing the employer from dismissal and reengagement.
The UK government has recently published its roadmap for regulating AI as a medical device (AIaMD) and software as a medical device (SaMD). This will form part of the basis of the upcoming UK Medical Device Regulation reforms in 2024. In light of the operational difficulties faced by the NHS, AIaMD and SaMD are attractive solutions to alleviate pressures on the UK health system. Yet these products are complex and require a high level of regulatory scrutiny to ensure effectiveness and protect the safety of patients.
Regulators and courts in common law jurisdictions around the world are being given significant and increasing powers to impose financial penalties without traditional criminal law safeguards. Competition law has been particularly susceptible to arguments that traditional safeguards should be discarded to aid regulators in securing convictions. In the first competition case to go to trial in Hong Kong, the Competition Tribunal held in 2019 that in competition proceedings seeking financial penalties, the authority had the burden to prove its case beyond reasonable doubt. This article considers the approach taken in other common law jurisdictions and scope to argue for increased safeguards and human rights protections for clients facing financial penalties.