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.

April 12th 2019 (UK & EU Brexit)

The EU has now issued its Press Release announcing it has completed all the No Deal preparations on its side. This Press Release has links to the new Laws and Notices – here.

Companies who are subscribers to Cardinal Environment EHS Legislation Registers & Checklists may make arrangements to discuss any matter, with me, via email.

We are waiting for the Statutory Instrument (on the UK side) to change the exit day from 29th March 2019 to two weeks later on 12th April 2019, to align with the Brexit date.

12th April 2019 is the new Brexit date.

[there are still circumstances that could change this date, or the arrangements that would apply, but the EU says today that it’s view is No Deal is increasingly likely]

I will issue another Blog post when further information is available.

EU Brexit Preparedness (EU Brexit)

UPDATE : the EU Contingency measures are now enacted – here.

Notwithstanding any approach made by the UK to delay the exit date, the EU is stepping up Brexit Preparedness activities.

Here – is the link to the EU Brexit Preparedness online site. New here are the links to the National EU-27 online sites (scroll down the page). Plus under Legislative Initiatives in the middle, find the EU Contingency measures now ready as legislative acts or finalised COM documents. I have posted about these before. Note : these EU Contingency measures are unilateral time-limited measures.

In addition, the EU has today launched an online portal detailing all preparedness work and supports available for farmers and agrifood operators – here.

There are also some bi-laterals, these are not gathered in one online portal, please keep following the Blog as I post about those as they are known about.

April 18 (UK & EU Brexit)

I am being asked what happens after 29 March. I post as the documents are issued, the various contingency proposals that are being prepared.

29 March is the exit date in enacted UK law (the Withdrawal Act) and the EU having accepted article 50 notification, the 29 March is the end of the two years provisioned by article 50.

I posted before that the Withdrawal Agreement (and associated Political Declaration) awaits ratification by the UK and the EU Parliaments.

In the event that the Agreement is unratified on 29 March (no deal, or disorderly Brexit, or unnegotiated Brexit) then the contingency arrangements provisioned by draft and enacted laws in the UK, the EU and in various EU member states, will kick in.

A draft EU contingency regulation (2019 EU Budget) sets 18 April as the date by which the UK should have taken action (as respects the 2019 EU Budget).

The EU contingency regulations (draft) are – here.

Please continue to follow this Blog.

Visa-free Travel (EU Brexit)

After Brexit, UK nationals will be classed as Third Country Nationals (TCNs) in EU law. This morning, the following press release is issued, here.

Exit without a deal is 29 March 2019.

The Withdrawal Agreement continues the application of EU law (in a transition period) for a further 18 months until 31st Dec 2020, if ratified. TCN status would then apply later. A Free Trade Deal (FTA) agreed between the EU and the UK could change this.

EU ambassadors today agreed that, following Brexit, UK citizens coming to the Schengen area for a short stay (90 days in any 180 days) should be granted visa free travel. Ambassadors mandated the Council Presidency to start negotiations with the European Parliament on this legislative proposal.

According to EU rules, visa exemption is granted on condition of reciprocity. The government of the United Kingdom has stated that it does not intend to require a visa from EU citizens travelling to the UK for short stays. In the event that the United Kingdom introduces a visa requirement for nationals of at least one member state in the future, the existing reciprocity mechanism would apply and the three institutions and the member states would commit to act without delay in applying the mechanism.

Visa policy towards third country citizens travelling to the Schengen area for a short stay is regulated under EU legislation. Existing rules include all third country nationals under one of two lists: nationals of third countries required to be in possession of a visa and those exempt from this requirement. Following Brexit, as a third country the United Kingdom will need to appear under one of these two lists.