EU moves to protect transport against ‘No Deal Brexit’

The European Commission (EC) has stepped up its ‘Brexit No Deal’ planning measures. These are limited to specific areas where it is absolutely necessary to protect the vital interests of the European Union (EU).

In total, the EC has announced 14 legal measures to limit the hardest disruption at the end of March next year if the UK leaves the EU without a withdrawal agreement in place.

These measures are being put in place to protect against many of the potential dramatic effects of a ‘no deal’ Brexit in several sectors including the transport, customs, aviation, and climate change, as well as financial services and others.

These measures are proposed to be temporary in nature, and they’re also to be limited in scope, as well as being adopted unilaterally across the EU.

The EC has also requested that the EU 27 states take a generous approach to the rights of UK citizens in the EU if a no-deal Brexit materialises. It adds that this is provided that this approach is reciprocated by the UK.

Customs and the export of goods
In a no deal scenario, all relevant EU legislation on the importation and exportation of goods will apply to goods moving between the EU and the UK.

The Commission has today adopted the following technical measures:
A Delegated Regulation to include the seas surrounding the UK in the provisions on time-limits within which entry summary declarations and pre-departure declarations have to be lodged prior to leaving or entering the Union’s customs territory.

A proposal for a Regulation to add the UK to the list of countries for which a general authorisation to export dual use items is valid throughout the EU.

It is essential, however, that Member States take all the necessary steps to be in a position to apply the Union Customs Code and the relevant rules regarding indirect taxation in relation to the United Kingdom.

Air Carrier Rights
The Commission has today adopted two measures that will avoid full interruption of air traffic between the EU and the UK in the event of no deal. These measures will only ensure basic connectivity and in no means replicate the significant advantages of membership of the Single European Sky.

The Commission has also adopted a proposal for a Regulation to allow UK operators to temporarily (nine months) carry goods into the EU, provided the UK confers equivalent rights to EU road haulage operators and subject to fair competition conditions.

A proposal for a Regulation to ensure temporarily (for 12 months) the provision of certain air services between the UK and the EU.

And another proposal for a Regulation to extend temporarily (for 9 months) the validity of certain aviation safety licences.

This is subject to the UK conferring equivalent rights to EU air carriers, as well as the UK ensuring conditions of fair competition.

EU climate policy
The Commission has today adopted the following acts in the area of EU climate legislation in order to ensure that a “no-deal” scenario does not affect the smooth functioning and the environmental integrity of the Emissions Trading System.

A Commission Decision to suspend temporarily for the UK the free allocation of emissions allowances, auctioning, and the exchange of international credits with effect from January 1, 2019.

An Implementing Decision to allow an appropriate annual quota allocation to UK companies for accessing the EU27 market (until December 31, 2020).

An Implementing Regulation to ensure that the reporting by companies differentiates between the EU market and the UK market to allow a correct allocation of quotas in the future.