Response and Engagement
Many of the actions aimed at mitigating the effects of a no deal outcome will be taken at the EU level as they involve areas of EU competence and sectors regulated by EU law. The EU has already published 81 sectoral notices with detailed guidance on planning for a no deal Brexit. These contain important information and guidance across a range of sectors and are a source of advice for operators, businesses and regulators. They arelisted (and linked) in Annex 2 to this document.
Much of the contingency work taking place at the EU level is in the context of efforts to make regulatory provision for the gaps that would inevitably result from a no deal Brexit and to ensure that there is minimal disruption for EU citizens and industry. In a no deal scenario, the Commission envisages a
limited number of time-limited contingency measures to mitigate significant disruptions in a number of defined areas. These disruptions will differ fromone sector to another and also among the EU27 Member States.
On 13 November 2018 the Commission published a Contingency Action Plan – Preparing for the UK withdrawal from the EU on 30 March 2019, which highlights key issues in the areas of citizens, financial services, air transport, road transport, customs, sanitary/phytosanitary requirements, personal data and EU climate policy. The European Commission emphasises that it stands ready to engage with the Member States that will be most affected by a no deal withdrawal and expressly states that “the
Commission will support Ireland in finding solutions addressing the specific challenges of Irish businesses.
In its communication on 19 December 2018, the European Commission adopted a package of contingency measures preparing for a possible no deal withdrawal of the United Kingdom from the European Union on 29March 2019. The package consists of a Communication “Implementing the
Commission’s Contingency Action Plan”, five legislative proposals, four delegated acts, four implementing acts and one Commission Decision. The full Commission communication is provided in Annex 1 to this document.
The Commission will continue to implement its Contingency Action Plan in the weeks to come, in very close cooperation with the European Parliament, the Council and the Member States. As part of the planning and work at EU level a series of expert preparedness meetings involving officials from all Member States and the Commission are underway and will continue to take place through December and into January. These detailed sessions deal with everything from aviation andcustoms to financial services and citizens’ rights (see Annex 3).
Ireland is in ongoing close bilateral contact with the Brexit Preparedness Group in the European Commission and with other seriously affected Member States, who will face many similar
July 2019 Update
EU-level Policy and Regulatory Response and Engagement
The European Commission and Member States have been formally preparing for the withdrawal of the UK since the receipt of the UK’s letter of notification of its intention to withdraw from the EU on 29 March 2017. This work initially focused on preparedness measures that would be required in all scenarios to provide for the orderly withdrawal of the UK. These measures are complemented by contingency measures intended to mitigate the worst impacts of a no deal UK withdrawal.
The EU’s approach to contingency measures is based on key principles, including that the measures should be temporary and unilateral, and not replicate the benefits of membership of the Union. Measures should also be compatible with EU law, respecting the division of competences and not remedying delays that could have been avoided.
This EU-level work, along with the preparations of national Government and business, is one of the three strands of contingency preparation underway and includes:
More than 90 Brexit preparedness notices and eight question and answer documents have been published by the European Commission and EU Regulatory and Supervisory Agencies.
More than 70 technical expert seminars on various aspects of Brexit preparedness and contingency planning have taken place, involving officials from EU27 Member States.
The European Commission has published five Communications on preparing for the withdrawal of the UK, the latest of which was published on 12 June 2019 and is contained in full in the Annex. EU Contingency Measures
The European Union has also adopted 19 primary legislative measures on a unilateral temporary basis to mitigate the worst effects of a no deal Brexit. The measures are outlined in the table below. A number of these measures at EU level, agreed with our fellow EU Member States, are focused on issues impacting directly on Ireland.
Table 1. EU Legislative Preparedness and Contingency Measures
Sector -Subject Matter- Description
Railway safety and connectivity
Basic road freight connectivity
Basic air connectivity
The EU has adopted time-limited measures to ensure basic transport connectivity with the UK in the event of a no deal Brexit. Each of the measures requires reciprocity from the UK, and in each instance the UK
Realignment of the North Sea – Mediterranean Core Network Corridor
The EU has indicated that it will reciprocate. The measures cover elements of air transport connectivity, elements of road freight connectivity and road passenger connectivity, as well as bus connectivity in the border region on the island of Ireland. EU aviation safety rules and rail safety rules have also been adjusted to make sure that flying between, or travelling by train between, the EU27 and the UK remains safe in a no deal scenario.
The EU has also adapted the framework for investment in trans-European transport networks to ensure that Ireland continues to be eligible to apply for infrastructure funding from the Connecting Europe Facility.
Fishing authorisations / fishing operations
European Maritime and Fisheries Fund
To help mitigate the impact of a no deal Brexit on EU fisheries, a new EU Regulation provides the possibility for Member States to apply temporary cessation of fishing activity measures in the event that access to fishing grounds in the UK Exclusive Economic Zone is restricted. A further EU Regulation in the fisheries area provides for the EU to grant UK vessels access to EU waters until the end of 2019, under the condition that the UK provides reciprocal access.
Social security coordination
A further adaptation to EU law has been made to safeguard, in case of no deal, the social security rights of citizens of EU27 Member States in the UK, and UK nationals in the EU27, who have benefited from the right of free movement before the UK’s withdrawal from the EU (as well the rights of their family members and survivors). The approach proposed at EU level is in addition to Ireland’s national approach to the protection of the social security and healthcare entitlements provided for under the Common Travel Area.
PEACE IV Programme
EU law has also been adapted to provide, in the event of no deal, for the continued funding, until the end of 2020, of the PEACE (Ireland-Northern Ireland) and INTERREG VA (Ireland-Northern IrelandScotland) programmes covering the border counties of Ireland and Northern Ireland.
EU law has been adapted to ensure that young people who are participating in the 2019 Erasmus+ programme can complete their placements and continue to receive the relevant funding or grants in the event of no deal. The Regulation on Erasmus+ covers both EU27 participants in the UK and UK participants in the EU27 at the time of the UK’s withdrawal.
2019 EU Budget
Om 9 July the EU Council of Ministers will consider a new EU Regulation on the 2019 EU budget that would provide for the continuation of payments from EU programmes to UK beneficiaries following the withdrawal of the UK from the EU until the end of 2019, provided the UK continues make the agreed contribution to the 2019 EU budget and allows EU oversight of programme implementation in the UK.
Export of dual-use items
EU law now provides for the UK to be included on the list of low-risk third countries to which the EU27 manufacturers can export materials, equipment and technology that can potentially be used for both civilian and military purposes.
The UK will be placed on the list of third countries whose citizens are not required to obtain a visa to enter the Schengen Area for stays of less than 90 days. Ireland is not a member of the Schengen Area and the Common Travel Area will continue to provide for visa-free travel between Ireland and the UK.
Apportionment of tariff rate quotas
A Regulation submitted has been adopted that apportions the EU and the UK WTO trade quotas.
Relocation of European Medicines Agency
Relocation of the European Banking Authority
As a result of Brexit, the decision has been taken to relocate the European Medicines Agency and the European Banking Authority from London, respectively to Amsterdam and Paris.
Energy Energy Efficiency
The Decision will amend EU Regulations in the area of energy efficiency to ensure that the projected energy consumption figures for the Union in 2030 reflect the departure of the United Kingdom
These EU contingency measures are complemented by coordinated national measures in EU Member States. For example, in the areas of social security coordination and residency rights, EU27 Member States have taken measures at national level to protect the rights of UK citizens in a no deal scenario. In Ireland’s case, the Common Travel Area ensures continuity of the social security coordination rights and residence rights of UK citizens, but in other EU Member States, new or amended legislation has been required to provide for this.
In respect of certain legislative measures, the European Commission has indicated that it will consider whether it needs a technical adjustment to time limits in light of the extension of the period of UK membership of the EU until 31 October.
Over the coming months, the Government will continue to engage intensively on these issues with our fellow Member States and with the European Commission