EU Readiness Notices (EU Brexit)

The UK is exiting the transition period on 31st December.

The European Commission is reviewing – and where necessary updating – the over 100 sector-specific stakeholder preparedness notices it published during the Article 50 negotiations with the UK.

The documents (updated so far) are published as ‘notices for readiness’ for 1st January 2021 –

(1) Air Transport – here

(2) Aviation safety – here

(3) Consumer protection and passenger rights – here

(4) Cosmetic products – here

(5) Animal feed – here

(6) Food law – here

(7) Industrial products – here

(8) Medicinal products for human use and veterinary medical products – here

(9) Movements of live animals – here

(10) Online sale of goods with subsequent parcel delivery – here

(11) Plant health – here

The transition period ends on 31st December, unless it is extended by agreement.

New Website “EU Future Dealings with UK” (EU Brexit)

Transition Period ends 1st January 2021

The EU has set up a new gateway to information on its dealings with the UK – here.

If there is no ratified agreement establishing a future trade deal between the EU and the UK at the end of the transition period, then the United Kingdom will trade with the EU on World Trade Organization terms as of 1 January 2021.

Even if a trade agreement is concluded, it will establish a very different relationship in terms of market access than participating in the EU’s Internal Market and the EU’s Customs Union.

Therefore, the end of the transition period means significant changes in the regulatory relationship between the UK and the EU.

Since Autumn 2017, the EU has Stakeholder Preparedness Notices which set out the instructions for No Deal (in the Article 50 phase). I Blog posted about these a number of times in 2018.

The EU now (in this new gateway) has a new page (from this new gateway) with access to the EU’s No Deal Preparations and the EU’s Stakeholder Preparedness Notices (which are being updated) – here.

Northern Ireland

Please remember (under the terms of the Withdrawal Agreement) Northern Ireland will remain aligned to some EU Law.

Northern Ireland will remain aligned to a limited set of rules related to the EU’s Single Market in order to avoid a hard border: legislation on goods (including Environment), sanitary rules for veterinary controls (“SPS rules”), rules on agricultural production/marketing, VAT and excise in respect of goods, and state aid rules.

The list of rules is in an Annex to the Ireland/Northern Ireland Protocol. It’s not easy to find this list. I hope in the future both the EU and the UK set up specific gateways for Northern Ireland.

6th Brexit Preparedness (EU Exit)

Exit day is 31st October (unless a later date is sought by the UK and agreed by the EU)

Yesterday (3rd September) the EU issued its 6th Brexit Preparedness Package. Here.

This contains an updated Brexit Checklist here.

Please read this September 2019 Brexit Preparedness Checklist carefully.

Core actions to be checked are set out in boxes.

Please note the unilateral extension of some timelines in the EU contingency measures here.

Imported Clothing Labelling (UK Brexit)

Exit day is 31st October.

HMG has yesterday issued two instructions confirming the no change situation re shoes and textiles labelling on imports, bar the manufacturer’s authorised agent must be based in the UK (not the EU).

Footwear – here.

Textiles – here.

Exports to the EU will need to comply with EU rules for imports from third countries.

EU Brexit Preparedness Notices – here.

EU Brexit Customs and Taxation and related information – here.

EU Brexit Preparedness (EU Brexit)

UK Exit day is 31st October 2019

Please read this Blog post carefully, if you have any questions or uncertainties as to your actions, please email to arrange a telecon.

Today, 12th June, the EU Commission published its fifth Brexit Preparedness Communication – it is a review of the state of the EU Brexit preparedness and contingency measures, and is important for activities in the EU and in the UK. The document is here.

Key elements :

(1) As stated in the fourth Brexit Preparedness Communication of 10 April 2019, the Commission is ready to propose financial support measures (applicable to the E27) to mitigate the impact in the most affected areas and sectors, taking into account the funds that are available and any adjustments on the expenditure and revenue side of the EU budget that might result from a disorderly withdrawal. For more immediate support to affected stakeholders, EU State aid rules offer flexible solutions for national measures. But see Item (4) below.

(2) In this review, the Commission screened all the EU-level measures to assess whether they are still fit for purpose given the extension of the Article 50(3) TEU period. On the basis of this screening, the Commission considers that the legislative and non-legislative Union acts continue to meet their intended objectives. There is therefore no need to amend them on substance. The Commission does not plan any new measures ahead of the new withdrawal date (31st October).

(3) The Commission adopted 16 non-legislative contingency acts under the EU sanitary and phytosanitary legislation in view of the previous withdrawal date of 12 April 2019 on the basis of assurances given by the United Kingdom. These measures are now obsolete due to the extension. However, if the United Kingdom continues to provide the necessary assurances, the measures will be re-adopted to apply as of 1 November 2019.

These acts cover the listing of the United Kingdom and its Crown Dependencies as a third country allowed to export live animals and animal products to the EU; and the approval of new or extended Border Inspection Posts in the EU27 Member States most concerned by UK imports.

They do not cover acts on the recognition of health marks for products of animal origin, heat treated pallets, or fortified flour (UK requests).

(4) In some sectors, companies indicated in March 2019 that they had not had sufficient time to adapt. The Commission strongly encourages stakeholders to take advantage of the extra time until 31 October 2019 to ensure that they have taken all the necessary action to prepare for the United Kingdom’s withdrawal.

They should ensure that the necessary regulatory authorisations are in place, that they have taken the administrative steps for cross-border trade and the necessary action for relocation, corporate reorganisation or contractual adaptations.

In particular, it will not be possible to place on the EU market after Exit day products which do not comply with the necessary requirements and authorisations.

As stated above, the Commission does not plan to adopt any new measure in view of a possible no-deal scenario or to compensate for a failure to prepare by operators.

The Commission considers that the additional time available because of the extension will in principle be sufficient for operators to adapt, so that even in cases where exemptions or derogations are available, they should not be necessary.

(5) EU27 Member States should screen their national contingency measures to ensure that they remain fit for purpose given the extension of the Article 50(3) period. In case of a no-deal withdrawal, the final preparatory measures must apply as of 1 November 2019 at the latest.

(6) Note the specifics on medicinal products, medical devices and chemical substances – page 5 of the document (link above).

(7) In the field of sanitary and phytosanitary controls (SPS), EU27 Member States have set up new Border Inspection Posts (BIPs) or extended existing ones at entry points of imports from the United Kingdom into the EU. As stated above, the non-legislative act approving these BIPs will need to be adopted again given the most recent extension of the Article 50(3) period. In the meantime, EU27 Member States should use the additional time to evaluate the need for any further adjustments to these BIPs to ensure that they are fully functional from the outset.

Furthermore, the Commission maintains regular contacts with the most concerned Member States so that, in a no-deal scenario, a landbridge route between Ireland and the rest of the European Union via the United Kingdom can be implemented swiftly, including support from the necessary IT systems.

(8) The international road haulage measure expiry deadline of 31st Dec 2019 is unaltered.

It is important companies review their supply contracts, and ensure suppliers are Brexit ready.

UK Industrial Goods Export to EU (EU Brexit)

Exit day is 31st October 2019.

The EU issued in February a Q&A document answering questions arising on the specifics of UK Industrial Goods circulation in the European market following Exit. This document is here.

Please examine this document carefully, particularly as respects the point in the circulation when the Third Country regime would apply, and the matter of Technical Dossier transfer (Category D).

Any questions not addressed by this Q&A should be made to the UK BEIS department.

The UK has said it would permit CE marked Goods to circulate in the UK market after Exit day, as far as I can determine, this is not reciprocated by the EU (as respects UKCA marked Goods). If anyone has an update on this, perhaps they would email me it. Thank you.

[the Exit day may change, please continue to follow this Blog]