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.

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.