Action Points for Service Providers

General Review Every business is unique. In some cases, a business may have carved out a niche in a cross-border business that relies in some way on European Union-based rights and freedoms that will no longer be available after December. Don’t panic – but do prepare!  In most cases, business is likely to continue as […]

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The Change; Single Market to Trade Agreement

What is the EU single market in services? The four fundamental EU freedoms are free movement of goods, free movement of persons free movement of capital and free movement of services. Generally, businesses established in one EU state may provide services to businesses or customers in another EU state. There are exceptions to this right […]

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State Contract and Procurement Changes

What are the rules on Government and public sector contracts? At present, there are common EU based rules on tenders for government and public sector contracts. They also apply to utilities such as energy water and communications entities. The rules apply to contracts for works goods and services above particular thresholds. Under the EU rules, […]

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Digital Changes

E-commerce The EU e-commerce legislation provides a common EU wide basis for the provision of information society services throughout the European Union. They are broadly services provided wholly over the Internet. There are strong principles which provide for the exclusive regulation of such providers in their home EU state. This is to facilitate the provision […]

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Regulatory Changes for Service Providers

Most sectors will not require new authorisation for cross border services Although the EU has attempted to liberalise and develop the single market in services home state regulation is the norm in most cases where regulation exists. . For reasons of culture and language, it is difficult for many types of service providers who are […]

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General Doing Business Issues

Regulatory / Doing Business Issues This article  sets out certain general considerations in relation to UK regulation and doing business rules. Post Brexit traders will no longer have the benefit of the considerable EU freedoms and rights to provide services from an Irish base into the UK underpinned by the EU law. However, UK has […]

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Digital Services

Regulatory / Doing Business Issues This article deals with certain issues that may arise in relation to  digital services business in the UK post-Brexit. Digital services businesses are  not directly regulated / licensed but are subject to some common EU wide rules. These rules may or may not diverge after Brexit depending on how Brexit […]

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General Business Rules

General Regulatory or “Doing Business” Rules Many of the most important rules in relation to doing business have been harmonised throughout the European Union. There are common rules in relation to consumer protection, digital services, sale of goods, the supply of services and distance contracts. These rules mean that a single standard or method of […]

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Financial Services

Banking and Payments There are common EU rules in the area of banking and payment services. The EU directives on access to the activities of credit institutions and investment firms provide for common prudential standards on supervision. After Brexit UK entities providing banking and payments services and e-money issuing may no longer rely on their […]

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Travel

UK – EU EU states and several non-EU states are part of the Schengen area. Ireland and the UK are outside the Schengen area and have continued and will continue the Common Travel Area. After Brexit, a British citizen will be a third country national under the Schengen border code. They may remain up to […]

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Communications

E-commerce The EU e-commerce legislation provides a common EU wide basis for the provision of information society services throughout the European Union. They are broadly services provided wholly over the Internet. There are strong principles which provide for the exclusive regulation of such providers in their home EU state. This is to facilitate the provision […]

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Road Transport

Common EU licensing schemes An operating licence for road transport is currently granted under a common EU scheme of regulation. After Brexit transport undertakings established in the United Kingdom no longer meet this requirement. The carriage of goods in the EU is subject to possession of a Community licence issued by the competent authorities of […]

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Aviation

Air Services Authorisiation The UK is part of the single EU internal market for air services an airlines licensing. EU / EEA  states following the common EU rules may operate routes anywhere in the EU without permission of the host country national authorities. There is an international treaty the International Air Services Transit Agreement to […]

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Human Resources and Qualifications

Qualifications The EU qualifications rules apply to over 180 listed regulated activities in the commercial craft and industrial spheres. Those sectors are listed in Annex IV to the Services directive which can be viewed here  It applies to persons who want to establish themselves as self-employed workers or employees in the host state. There are […]

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Some VAT Issues in Services

Will the Value Added Tax treatment of service change? There are harmonised EU rules in relation to VAT on service provided from a business established in one EU state to a business or consumers in another EU state. The VAT treatment of the supply of services from the EU to the UK and UK to […]

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Some Companies Issues

Companies Companies incorporated in an EU state must be recognised in other EU states. Generally, such companies have most of the same rights as EU resident persons. There are common EU wide rules on companies which harmonise certain aspects of company law. After 2021,  Ireland and the United Kingdom will continue to recognise companies formed […]

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Transport Sector Changes

Common EU licensing schemes An operating licence for road transport is currently granted under a common EU scheme of regulation. After 2020 transport undertakings established in the United Kingdom no longer meet this requirement. The carriage of goods in the EU is subject to possession of a Community licence issued by the competent authorities of […]

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Some Financial Services Changes

Banking and Payments There are common EU rules in the area of banking and payment services. The EU directives on access to the activities of credit institutions and investment firms provide for common prudential standards and supervision. After 2020, UK entities providing banking and payments services and e-money issuing may no longer rely on their […]

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