This notice informs companies that are currently exempted from providing security pre-arrival information for scheduled services between the UK and the EU ports that:
- in a no deal scenario they will need to provide this information
- they should plan accordingly by engaging with EU countries to understand what information they would be required to provide and how it would be submitted
Before 29 March 2019 (may also apply to new exit date on 31 December 2020)
Under Article 6 of EC Regulation 725/2004, shipping companies (including ferries carrying passengers and lorries) are required to submit security information prior to entering an EU port. Sometimes this is referred to as a pre-arrival notification (PAN). It may include the following information:
- particulars of the ship
- last 10 port facilities of call
- special or additional security measures taken by the ship
- details of any ship to ship activities
- crew list
- passenger list
Article 7 of the regulation allows EU countries to issue exemptions from the requirement to provide this information to companies operating scheduled services between ports located in their territory, or between ports within their territory and that of another EU country.
After March 2019 if there’s no deal
Article 7 only allows an EU country to issue an exemption for services between its territory and that of another EU country. Therefore, in a ‘no deal’ scenario EU countries would be unable to issue exemptions to vessels, irrespective of registration / flag, operating scheduled services from the UK.
What you would need to do
Companies holding these exemptions should prepare for a scenario after exit in which submission of security pre-arrival information (as set out in Article 6) would be required before their vessels were permitted to enter the port(s) of an EU country. This requirement would come into effect as soon as the UK leaves the EU.
Shipping companies should engage with EU countries to ensure they are prepared for a ‘no deal scenario’ and understand what information they would be required to provide and how it would be submitted.
The UK government intends to continue issuing exemptions for scheduled services from an EU country to a port in the UK, or between ports in the UK, after EU withdrawal, regardless of the outcome of negotiations.
This is subject to a set of conditions which would be similar to those currently placed upon existing exemption holders.
For more information, please contact email@example.com with ‘Pre-arrival exemption’ in the email subject line.
Find out more about:
- Recognition of seafarer certificates of competency if there’s no Brexit deal
- Trading with the EU if there’s no Brexit deal
We will publish more information in the coming months. We aim to give businesses and individuals as much certainty as possible as soon as we can, and to ensure that any new requirements are not unduly burdensome.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.