EU No Deal Contingency Plan Update (EU Brexit)

As they promised, the European Commission has now published its update to its contingency plan for No Deal – 14 legal measures. This document is here.

(1) The Commission repeats its prior position – the EU no deal measures are unilateral, limited and temporary. Adds that they will not apply to Gibraltar.

(2) Re UK nationals in the EU Bloc, the Commission repeats its prior position that they should get residence permits. Silence re acquired rights.

(3) The Commission will issue guidance on social security coordination.

(4) Re Financial Services, the Commission will use its own secondary law powers to immediately adopt unilateral measures. Two of these were already announced.

EU bloc firms will be permitted one year access to derivatives clearing houses in the UK, and two years access to central securities depositories in the UK that settle trades (already announced), and a year-long window will be opened for EU bloc organisations to change the contractual terms of over the counter derivatives.

(5) Re Aviation and International Road Haulage, two legal acts will allow airlines to fly point to point between UK and European cities, the most basic form of landing rights. Aviation safety certificates are also temporarily extended. [these measures were already announced]

[still no measures for ownership rights, an extremely difficult problem for the International Airlines Group (Aer Lingus, British Airways, Iberia and Vueling), which falls below the threshold to maintain its EU flying licences]

9 months of permit-free commercial road haulage, if reciprocal.

(6) Re Trade in Goods, the Commission confirms that general rules will apply, ie tariffs and non-tariff barriers. Adopts an immediate change to EU customs law and proposes a law on exports of dual use goods to the UK (civil goods with military uses).

Time limits are adjusted for customs declarations, but there are no special waivers to help with ro-to ferries at ports.

(7) Re EU Climate Change Policy, the Commission will immediately adopt three measures to take account of Brexit, one applies from January 2019 already.

FURTHER INFORMATION IS SET OUT IN THIS Q&A here.

I will add this document and the global ENV and OHS relevant legal measures to the Brexit Law List in Cardinal Environment EHS Legislation Registers & Checklists.

New Chemicals Instructions (EU Brexit Preparedness)

ECHA (the European Chemicals Agency) has new support pages – here.

These pages contain the most detailed information so far.

The UK has also issued Technical Notices, some of these are relevant for Chemicals. But, many gaps still persist.

Please visit the Chemicals category on this Blog, for the posts I have written on Chemicals and Brexit Preparedness.

We still have no instruction on Safety Data Sheets.

No Deal Contingency Action Plan (EU Brexit Contingency Measures)

The Commission has issued a Press Release updating on its No Deal Contingency Action Plan. The Press Release with links is here.

Note – the new Travel Notice (linked from the Press Release).

Note – the new 13 November Communication (linked from the Press Release)

Additionally two November 2018 PDF documents summarise the situation. Here and Here. The second PDF is reproduced as two images.

Technical Notices (UK Brexit Preparedness) #1

UPDATE : the Guardian is reporting today, 5th August, that the Technical Notices (restyled as Public Service Information Notices) will be issued by the various responsible government departments (Department for Transport, DEFRA, the Home Office, and BEIS) and not DExEU as first envisaged. The Guardian article is here.

Tim Shipman, Sunday Times is reporting today, 29th July, that the Technical Notices (I posted about earlier) may not necessarily be fully public, and they will be made available not in series, but in a single bloc at the end of August 2018.

I will Blog Post again if/when there is an update.

The EU Notices are found here.

The Sunday Times article is here.

UK exits the EU (Brexit Preparedness)

A further EU Notice is issued – on aviation and maritime security – here.

This is a Notice to stakeholders, particularly airports and ports, and their contractors, that UK citizens and baggage will be subject to additional screening measures after Brexit.

The Notice identifies the third country lists that might be available to the UK. For example, Guernsey, Jersey and the Isle of Man are already part of the special arrangement known as annex 5-A (see image). It may be possible to extend this.

For shipping, ferry services from the UK “will be subjected to the mandatory provision of security information” before being allowed to dock at ports in the EU.

Please make sure you check all the Notices issued in the EU Brexit Preparedness area, if you have not already done so – here.

UK exits the EU (more EU Notices)

More EU Notices were issued 21st March (and one on 19th March) – here.

Reminder : the UK is a third country on 30th March 2019. Please read the EU notice that applies to your operations. Note also that EU Agencies (on the link) also issue Notices.

The EU-UK Withdrawal Agreement (subject to ratification) may change this date to 31st December 2020 with conditions (via transition clauses in the Agreement).

The EU-27 agreed today its guidelines for its negotiation of a EU-UK trade deal. These guidelines are here.

UK exits the EU (more EU Notices)

Further EU Notices were issued on 12th March. All Notices are gathered here.

Reminding : EU decentralised agencies also publish information in relation to the UK’s withdrawal from the EU, for example the Community Plant Variety Office, the European Chemicals Agency, the European Medicines Agency and the European Union Intellectual Property Office.

Furthermore, the three European Supervisory Authorities (the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority) and the Single Supervisory Mechanism have issued opinions and guidance.

Notices are important because they set out the legal position that will operate from March 2019. Transition arrangements that might be agreed may change the requirements.