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UK: Government publishes explanatory memo on EU 2021 TCA implementation report

The UK Foreign, Commonwealth & Development Office published, on 12 August 2022, the UK Government's explanatory memorandum on the European Commission's report on the implementation and application of the UK/EU Trade and Cooperation Agreement ('TCA') in 2021. In particular, the EU report outlines that the UK was required to delete Passenger Name Record data received after passengers' departure from the country, unless a risk assessment indicated the need to retain such data. Furthermore, the UK was permitted to derogate from such requirement for an interim period of one year after the entry into force of the TCA, pending the implementation of certain technical adjustments, which was due to end on 31 December 2021. However, the report explains, the Partnership Council decided, on 21 December 2021, to extend the interim period for an additional year in view of special circumstances, having considered information provided by the UK on the safeguards and actions taken in view of enabling the deletion of data and using an empowerment under Article 552(12) of the TCA. Furthermore, the report notes that continued monitoring of the UK's regulatory reform in the areas covered by the TCA is of vital importance to ensure that it does not conflict with the TCA provisions, and that EU businesses are not put at a competitive disadvantage.

In response, the UK explanatory memorandum agrees that implementation of the TCA is generally proceeding well, adding that there are outstanding issues which need to be addressed.

You can read the press release here, the explanatory memorandum here, and the report here.