Brexit Preparedness seminar on citizens, social security coordination and border controls
Council Working Party

(Article 50 Format)
27 November 2018

Citizens – Free movement of EU27 citizens in United Kingdom and of UK nationals in EU27

In a no deal scenario, situation as of the withdrawal date:

• EU27 citizens in UK: Depends on UK legislation
• UK nationals in EU27:
• If residing in EU27: Lose their right to free movement under Article 21 TFEU and Directive  2004/38/EC => third country national status
• If family member of EU citizen residing in home Member State: Idem
• If family member of EU citizen where the EU citizen exercises the right of free movement: Derived right to reside => application for residence card

Key sectoral issues – UK nationals residing in EU27 MS on withdrawal date

• Acquisition (under national law) of residence and work permits
• Calculation of residence periods for the acquisition of long-term residence status
• Applying for permits
• Administrative capacity

What is being done to address these issues?

Key Preparedness actions taken by:

 Communication of 13 November 2018 – A Contingency Action Plan Commission considers that periods of legal residence before withdrawal in the same Member State count for acquisition of long-term resident status under the conditions of Directive 2003/109/EC
National administrations are recommended to accept the submission of applications for residence permits in advance of the withdrawal date of the UK
 Awareness-raising of issues vis-à-vis stakeholders, citizens’ associations

What additional action / communication isrequired

EU level => reinforcing coordination with EU27 Member States. Commission organises technical expert seminar (EU27) on 20 December.
Member States =>
• be ready to implement contingency actions (e.g. issuance of documents; having adequate administrative and human resources)
• reach out to UK nationals resident
• cooperate with UK consular authorities

Stakeholders, i.e. citizens’ associations =>reach out to their constituents

Key sectoral issues – Short term mobility

• Commission proposal of 13 November for revision of the Visa Regulation 539/2001
• Visa-free travel for UK nationals for short term stays (90 days in 180 day period)
• Reciprocity and non-discrimination between EU Member States
• MS to decide if recognised refugees with UK travel documents will also be exempt from visa
• MS to decide if school pupils from UK schools coming on excursions and holding nationalities of countries in Annex I will also be exemptfrom visa requirement

Key sectoral issues – Borders

• Commission preparedness notice on travelling published on 13 November 2018
• Controls of UK nationals crossing the external border (Schengen Borders Code)
• Entry conditions and necessary documents – Article 6
• Systematic checks at the border – Article 8
• Technical adaptations of infrastructure
• Dealing with possible delays

What additional action / communication is required – Borders

Member States =>
• make available personnel at border crossing points
• adapt infrastructure at border crossing points if necessary
• ensure awareness of border guards on checks to be performed after UK withdrawal
• notify to the Commission temporary residence documents possibly issued to UK nationals under Art. 39(1)(a) of Schengen Borders Code
• take UK withdrawal into account when providing for necessary infrastructure for Entry Exit System (EES), European Travel Information and Authorisation System (ETIAS) EU level =>
• funding from Internal Security Fund – Borders (in particular for implementation of EES &

Background and reference information

• Commission preparedness notice on travelling
• Commission contingency Communication COM(2018) 880 final
• Proposal to amend Regulation (EC) 539/2001 (“Visa Regulation”)plac ing UK on Annex II (Visa-free) COM (2018) 745 final

EU Social security coordination – Key issues

• In a no-deal scenario, the coordination rules would no longer apply to the United Kingdom.
• This impacts on:
Aggregation of periods of insurance, work or residence
Assimilation of facts and events
Exportation of benefits to third countries
Healthcare coverage for non-residents

What can be done to address these issues (1)

Discuss common approach at technical expert seminar (EU27) backto-back to meeting of the Administrative Commission on 20December
Need for coordinated EU27 approach, avoiding fragmentation
Commission ready to provide guidance on aggregation, assimilation and non-discrimination
Exportation: legally possible for Member States to export to third countries (which UK currently does under national law)
Member States are not allowed under EU rules to enter into bilateral agreements on social security  coordination coveringmovements before the withdrawal

What can be done to address these issues (2)

• National administrations
– complement with national measures, where needed, the EU level solutions – make use of the existing coordination mechanisms (e.g. via Administrative Commission)
– provide advice and assistance to citizens
• Citizens
– enquire before national administrations on consequences of no-deal
– take steps to alleviate risks (e.g. evidence on past periods)

What can be done to address these issues (2)

Share this article