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On the 23rd August 2018, the UK Government started to issue Brexit ‘no deal’ technical notices.

The notices start to outline scenarios in the event that the UK leaves the EU without a deal. The notices outline arrangements to make the exit as orderly as possible. 

These scenarios are a good source of information when business planning around the potential Brexit outcomes.

Below are just some of the technical notices that directly relate to businesses, whether they do or do not trade directly with the EU. Each notice listed has a very brief summary and a link to the full content.

The complete range of notices can be found at https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal and we advise that you review them to see which others may be relevant to your particular business.

 

 

Handling civil legal cases

Civil legal case handling with EU – cross border legal handling if no deal

This notice covers:

The UK will no longer have access to civil judicial cooperation between the UK and EU countries

The UK will repeal most of the existing civil judicial cooperation rules and instead use the domestic rules which each UK legal system currently applies in relation to non-EU countries

International agreements would still apply (ie Hague Agreement)

Repeal of Brussels Ia (dictates where a case should be heard in EU),  The Enforcement Order, Order for Payment and Small Claims Regulations, The EU/Denmark Agreement (where a case should be heard), The Lugano Convention (civil judicial relationship with Norway, Iceland and Switzerland).

To remain in place: Rome I and Rome II rules on applicable law in contractual and non-contractual matters

Post exit, UK to apply to re-join the Hague Convention (Apr-18)

Repeal of Insolvency Regulation (recognition of cross-border insolvency proceeding).  Insolvency practitioners to open a case under domestic EU legislation but the case may not be recognised in particular EU countries.  Reversely, not all EU cases raised in the UK will be recognised

Handling civil legal cases that involve EU countries if there’s no Brexit deal

Handling civil legal cases that involve EU countries if there’s no Brexit deal

The UK will no longer have access to civil judicial cooperation or reciprocity between the UK and EU countries
The UK will repeal most of the existing civil judicial cooperation rules and instead use the domestic rules which each UK legal system currently applies in relation to non-EU countries.
In some specific areas (see the full Technical Notice), some elements of EU rules not dependant on reciprocity would be retained where they form the basis of UK existing domestic or international rules.

International agreements would still apply (i.e. Hague Conventions (but now in our own right), often providing alternative rules covering the same areas as EU-specific instruments.
Repeal of Brussels Ia (dictates where a case should be heard in EU), the Enforcement Order, Order for Payment and Small Claims Regulations, The EU/Denmark Agreement (where a case should be heard between Denmark and EU countries), The Lugano Convention (civil judicial relationship with Norway, Iceland and Switzerland).

To remain in place: Rome I and Rome II rules on applicable law in contractual and non-contractual matters
Post exit, UK to apply in our own right to re-join the 2005 Hague Convention on Choice of Court Agreements
Repeal of the majority of Insolvency Regulation (recognition of cross-border insolvency proceeding). Insolvency practitioners will need to make applications under an EU’ country’s domestic law to have UK orders recognised there - but the case may not be recognised in particular EU countries. Reversely, not all EU cases raised in the UK will be recognise

Intellectual property and Brexit

Most UK copyright works (such as books, films and music) will still be protected in the EU and the UK because of the UK’s participation in the international treaties on copyright and EU copyright works will continue to be protected in the UK. This applies to works made before and after Brexit.

Some cross-border arrangements in copyright law are unique to the EEA and provide additional reciprocal protections between member states and facilitate the use of copyright content in some cross-border services, such as satellite broadcasting and online content services. These arrangements will no longer apply to the UK after Brexit and the government has amended the UK legislation that implements these arrangements so that they either operate on a purely domestic basis or are ended.

Works that are currently eligible for copyright in the UK will continue to be eligible after Brexit, and works are eligible for copyright protection in the UK if they are made by a national of the UK, EEA or any country that is party to the international copyright treaties or first published or transmitted in the UK, EEA or any country that is party to the international copyright treaties
References to the EEA will be removed from UK law. This will not stop EEA works qualifying for copyright, because all EEA states are party to the international treaties.
The Intellectual Property Office has summarised considerations for businesses at factsheet on intellectual property rights and EU exit Copyright if there’s no Brexit deal.

Protecting food and drink names in a no-deal Brexit

GI schemes provide a set of rules to protect the geographical names of food, drink and agricultural products. The UK will set up its own geographical indication (GI) schemes that will mirror the existing EU schemes and fulfil the UK’s World Trade Organisation (WTO) obligations.
The Department for Environment, Food and Rural Affairs (Defra) will manage the UK schemes, maintain the registers of protected product names and process new applications.
The UK schemes will protect the geographical names of food, drink and agricultural products (including beer, cider and perry), spirit drinks, wine and aromatised wine There will also be a scheme to protect the use of traditional terms for wine names.
The new UK schemes will use the same classes as the current EU GI schemes (as applicable to that scheme):
• Protected Designation of Origin (PDO)
• Protected Geographical Indication (PGI)
• Traditional Specialities Guaranteed (TSG)

All existing UK products registered under the EU GI schemes will get UK GI status and remain protected in the UK.
Applications for new product names will can be made to the new UK scheme – Defra will publish details including UK GI logos on products and packaging.

It may be become necessary to apply to the EU Commission to regain EU protection and the right to use the EU logo.

Using personal data in your business or organisation after Brexit

Organisations that already comply with The General Data Protection Regulation (GDPR) will still need to take action if they receive personal data from the EEA.
There will be no immediate change to the UK’s data protection standards. GDPR will be brought into UK law and the Information Commissioner will remain the UK’s independent supervisory authority on data protection.
You should review your contracts and include Standard Contractual Clauses (SCC) or other legal safeguards where necessary. This will allow you to continue legally receiving personal data from EEA countries.
If you do not act, your organisation may lose access to personal data it needs to operate.
You do not need to do anything now to continue sending personal data out of the UK to the EEA after Brexit. UK organisations will still be able to legally send personal data from the UK to the EEA and 13 countries deemed adequate by the EU.

Importing and exporting

Get your business ready to export from the UK to the EU after Brexit

This notice provides a numbered flow chart of actions to take. In outline:
1. Make sure your business has an EORI number (Economic Operators Registration and Identification) number that starts with GB
2. Decide who will make important decisions
3. Apply to make importing easier and Set up a duty deferment account if you import regularly
4. Check the rate of tax and duty you’ll need to pay
5. Check what you need to do for the type of goods you import
6. Get help and support

Get your business ready to import from the EU to the UK after Brexit

This notice provides a numbered flow chart of actions to take. In outline:
1. Make sure your business has an EORI number (Economic Operators Registration and Identification) number that starts with GB
2. Decide who will make the important declarations
3. Apply to make importing easier and Set up a duty deferment account if you import regularly
4. Check the rate of tax and duty you’ll need to pay
5. Check what you need to do for the type of goods you import
6. Get help and support

Classifying your goods in the UK Trade Tariff if no deal

The UK will leave the EU’s single market and Customs Union.

This will mean the UK will have to meet the same trading requirements as a ‘third county’ under World Trade Organisation rules. This will mean the same rate of duty as WTO members currently pay.

Anyone importing goods into the UK from the EU, or exporting goods to the EU from the UK, will have to comply with customs procedures, where these were not previously necessary. There may be a new UK trade tariff.

The UK will remain, a participating country the World Customs Organisations Harmonised System and commodity codes will remain unchanged as a result. Examples can be seen at classification section 

Classifying your goods in the UK Trade Tariff if there's no Brexit deal

 

Check temporary import tariff rates after a no-deal Brexit

You may need to pay different rates of customs duty (tariffs) on imports into the UK from the EU and the rest of the world. These rates will only be applied if the UK leaves with no deal.

The temporary rates would be in place for up to 12 months following which the government will introduce a permanent tariff regime following a public consultation.

Depending on where the goods come from, the tariff rate will either be a preferential rate or a non-preferential rate, which is also called a ‘Most Favoured Nation’ (MFN) rate.

A preferential tariff rate will apply if the country you are importing from has a trade agreement with the UK, is part of the Generalised Scheme of Preferences.

If there is no trade agreement between the UK and another country after Brexit, you will have to trade with that country under World Trade Organisation (WTO) rules.

WTO rules state that the same trading terms must be applied to all countries, unless there is a trade agreement between 2 or more countries, known as Most Favoured Nation treatment.

 

Commercial Road Haulage in the EU if no deal

UK hauliers could no longer rely on automatic recognition by the EU of UK-issued Community Licences. EU countries may choose to recognise that UK-issued operator licences but if not, UK hauliers will be able to use ECMT permits if there is no deal.

Old and new bilateral agreements may come into place.

The Haulage Permits and Trailer Registration Act 2018 puts in place arrangements to allocate permits required for international journeys.  International drivers’ licences will need to be put in place.

UK trailers may need to be registered when travelling in their country.

If there’s no deal, automatic recognition by EU countries of UK-issued ‘competent persons certificate – CPC’ will cease. 

Hauliers should read this technical notice for details of arrangements being put in place.

Commercial road haulage in the EU if there’s no Brexit deal

 

Commercial Road Haulage in the EU if no deal Drive in the UK after Brexit: bus and coach drivers

You will still need to carry your UK driving licence with you and you might need an international driving permit (IDP – available from a Post Office)) to drive in some EU countries, Iceland and Norway - the types of IDPs you need will depend on the countries you will drive through. You must be a Great Britain or Northern Ireland resident, have a full UK driving licence,be 18 or over.
You need a Driver Certificate of Professional Competence (CPC) qualification to drive a bus or coach professionally in the UK, the EU, Iceland, Liechtenstein or Norway.

If you work for a UK company and have a UK Driver CPC qualification you will still need Driver CPC to drive professionally in the UK after Brexit and you must still complete your Driver CPC periodic training by your deadline.

You will still be able to drive to or through EU countries with your UK Driver CPC qualification for all international journeys that UK companies are allowed to make after a no-deal Brexit.
The UK will join the Interbus Agreement if there’s a no-deal Brexit and you will be able to drive for a UK company in the EU with a UK Driver CPC qualification after the UK has joined this agreement after Brexit.

If you work for an EU company or want work for one and have a UK Driver CPC qualification exchange your UK Driver CPC qualification for an EU one. You will then be able to work for both EU and UK companies after Brexit.

The way you do this will depend on how the country where you live and work recognises Driver CPC. 

Apply to the relevant organisation in the country where you live and work to exchange your Driver CPC qualification. Check with them how long it takes to make sure you do it in time.
You may need to renew your British passport earlier if you’re travelling after a no-deal Brexit.

You will not need a visa for short trips, according to European Commission proposals. You could stay for up to 90 days in any 180-day period. You may need a visa or permit to stay for longer, or to work or study.

You should always get appropriate travel insurance with healthcare cover before you go abroad.

Your European Health Insurance Card (EHIC) card may not be valid if there’s a no-deal Brexit.

A ‘green card’ is proof you have motor insurance cover when driving abroad. You’ll need to carry one for the vehicle you’re driving if there’s a no-deal Brexit.

You’ll need to carry multiple green cards if your vehicle is towing a trailer - you’ll need one for the towing vehicle and one for the trailer (you need separate trailer insurance in some countries), you have 2 policies covering the duration of your trip, for example, if your policy renews during the journey.

If you run a bus or coach company you must renew your authorisation to run regular services in the EU before Brexit if your authorisation expires before 31 July 2020.

 

Drive in the EU after Brexit: lorry and goods vehicles drivers

You will still need to carry your UK driving licence with you and you might also need an international driving permit (IDP – available from the Post Office) to drive in some EU countries, Iceland and Norway if there’s a no-deal Brexit - the types of IDPs you need will depend on the countries you will drive through.

You will not need an IDP to drive in Ireland if you have a UK driving licence.

You need a Driver Certificate of Professional Competence (CPC) qualification to drive a lorry professionally in the UK, the EU, Iceland, Liechtenstein and Norway.

A driver for a UK company with a UK Driver CPC qualification will still need Driver CPC to drive professionally in the UK after Brexit and must still complete their Driver CPC periodic training by their deadline.

The driver will still be able to drive to or through EU countries with their UK Driver CPC qualification for all international journeys that UK companies are allowed to make after a no-deal Brexit.

If you work for an EU company or want to work for one and have a UK Driver CPC qualification exchange your UK Driver CPC qualification for an EU one. You will then be able to work for both EU and UK companies after Brexit - before Brexit.

If you do not live in the EU country where you work, your employer may be able to get you a ‘driver attestation certificate’ but not until the UK has left the EU.

If you’re an EU national working for a UK company exchange your UK Driver CPC qualification for an EU one if you think you might want to work for an EU company after Brexit. This will let you work for both EU and UK companies after Brexit.

You may need to renew your British passport earlier if you’re travelling after a no-deal Brexit and on the day you travel, you’ll need your passport to both have at least 6 months left, be less than 10 years old (even if it has 6 months or more left)

You will not need a visa for short trips, according to European Commission proposals. You could stay for up to 90 days in any 180-day period. You may need a visa or permit to stay for longer, or to work or study.

You should always get appropriate travel insurance with healthcare cover before you go abroad and be aware that your European Health Insurance Card (EHIC) card may not be valid if there’s a no-deal Brexit.

A ‘green card’ is proof you have motor insurance cover when driving abroad and you will need to carry one for the vehicle you’re driving if there’s a no-deal Brexit.

You’ll need to carry multiple green cards if your vehicle is towing a trailer - you’ll need one for the towing vehicle and one for the trailer (you need separate trailer insurance in some countries), you have 2 policies covering the duration of your trip, for example, if your policy renews during the journey.

Make sure your employer contacts your vehicle insurance provider at least one month before you need green cards.

If you run a haulage company check what extra things you need to do to prepare to carry out international road haulage after Brexit if you’re also a goods vehicle operator.

Driving in the EU after Brexit

You will not be allowed to drive in the EU unless you have all the correct documentation – see full notice for additional guidance for commercial drivers.

You will need your UK driving licence to drive in the EU, Switzerland, Norway, Iceland and Liechtenstein and you may need one or more international driving permits (IDPs), depending on which country you’re going to or through (see the full notice), however, if you have a UK licence you will not need an IDP to drive when visiting Ireland.

You will need to carry a motor insurance green card when driving in the EU and EEA and you will need multiple green cards if you have fleet insurance (a green card for each vehicle), if towing a trailer or caravan one for the towing vehicle and one for the trailer/caravan. Note, that in some countries you will need separate trailer insurance.

See the full notice for the documents to carry with you.

Run international bus or coach services and tours after Brexit

The UK will join the Interbus Agreement if there’s a no-deal Brexit, (this is an agreement about the international occasional (not scheduled) carriage of passengers by bus or coach and applies to the EU, Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Moldova, Turkey and Ukraine.
Check the full notice for confirmation relating to the documents drivers will need to carry with them.
You can continue to run existing, authorised scheduled services to EU countries until 31 July 2020 if there’s a no-deal Brexit, but you cannot apply for new authorisations or renew an existing one to operate in the EU after Brexit - renew your authorisation to run regular services in the EU before Brexit if your authorisation expires before 31 July 2020.

You will not be allowed to do cabotage jobs after a no-deal Brexit.
If there’s a no-deal Brexit, you will be able to drive through countries that are not in the Interbus Agreement, but they cannot be your destination and you will not be able to run services to specified countries – see the full notice.
You must now register these types of trailers before you drive to or through most EU and EEA countries – see full notice.
Display a GB sticker on the rear of your vehicle and trailer, even if you have a number plate has the Euro symbol or a Great Britain national identifier, but you do not need to display a GB sticker to drive in Ireland.
Your drivers will need to carry a green card one for the vehicle they’re driving if there’s a no-deal Brexit – see full notice for multiple cards.
Your drivers should exchange their UK Driver CPC qualification for an EU one if you’re an EU company. They will then be able to work for both EU and UK companies after Brexit but they need to exchange it before Brexit – see the full notice for other checks.

ECMT international road haulage permits

You do not need ECMT (European Conference of Ministers of Transport) permits for most international journeys until 31 July 2020, even if there’s a no-deal Brexit. The ECMT scheme includes all EU countries (except Cyprus).

You need an ECMT permit to transport most types of goods (or drive an empty vehicle) through the EU (except Cyprus), Liechtenstein and Norway to these 14 countries:
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, North Macedonia, Moldova, Montenegro, Russia, Serbia, Switzerland, Turkey, and Ukraine.
You can transport some types of goods without ECMT permits,( check pages 11 and 13 of the ECMT user guide for the list).

You cannot use ECMT permits to travel through ECMT countries to countries that are not in the scheme, for cabotage (loading and unloading goods for hire or reward between 2 points in a country by a vehicle that’s not registered in that country)

You can apply for 30-day ECMT permits for journeys up to December 2019, and you can buy 30-day permits if in November and December 2019 you plan to travel through the EU (except Cyprus), Liechtenstein and Norway to one of these countries:
Albania, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, North Macedonia, Moldova, Montenegro, Russia, Serbia, Switzerland, Turkey or Ukraine.

You can use an ECMT permit for a vehicle assigned to any of your operator licenses. It is not allocated to a specific operator license.

 

Trade remedies if no deal

Currently, unfair trade practices are investigated by the European Commission (DG Trade) and if practices of, for example, unforeseen surges imports, then duties may be imposed. When the UK leaves the EU, it will not have access to this system.

To replace the current process, the UK government is creating a trade remedies system which meets the needs of the UK.  The UK Trade Remedies Authority (TRA) will be in place prior to the UK exiting the EU.  This will look to protect the UK market from unforeseen surges or subsidised trade.

If an application of unfair trade upheld by the UKTRA, it will will submit a recommendation to the Secretary of State for the Department for International Trade (DIT) who will have the final decision on accepting or rejecting that recommendation.

Trade remedies if there's no Brexit deal

 

Trading with the EU if no deal

This notice review the impact of a no deal scenario and how the UK would trade under World Trade Organisation (WTO) rules.

There will be border controls for goods coming in and out of the UK, duties to be paid, along with customs declarations, so increased administration of exports.

This will have an impact on supply chains, both in terms of cost and time.

Before importing from the EU, businesses will need to register for a UK Economic Operator Registration and Identification (EORI) number. Value Added Tax (VAT) and import duties including excise duty on excise goods will need to be paid (see VAT notice). An import licence may need to be obtained for some type of goods.

When exporting, businesses will need to include International Terms and Conditions of Service (INCOTERMS) within their contracts & consider the benefits of contracting with a customs broker and review their goods classifications.

Carriers, such as hauliers, and train, vessel or aircraft operators, will need to make a Safety and Security Declaration for goods moving between the UK and EU.

Trading with the EU if there's no Brexit deal

 

Exporting GM food & animal feed products if no deal

If exiting with no deal, your business will need to be established in the EU or European Economic Area (EEA), or have a representative that is established in the EU or EEA if you wish to trade in the EU. The EEA includes Iceland, Liechtenstein and Norway. The role of the representative is to provide assurance that the non-EU establishment complies with EU legislation. The following guidance explains what you need to do.

Ensure your representative is based in one of the 27 EU countries, or an EEA country. The representative will need to submit a request to the appropriate competent authority in the EU country or EEA state in which they are based, and you should obtain confirmation that they have done so and, that the competent authority has informed the European Commission.

Current arrangement details relating to becoming a representation for exporters of feed products to the EU are available from the Food Standards Agency (FSA) website. However, EU countries each have their own systems and the business should consult with relevant competent authority, (see the Commission’s web site).

The FSA is currently seeking clarity as the EU have yet to issue full directive, but this should not dissuade a business from designating a representative.

Currently the feed business operator who first places the feed. on the market or the feed business operator under whose name the or business name the feed is marketed is responsible for meeting labelling requirements, but it may become a requirement to have details of a third country representative on the label

Partial applications for EU authorisation of GM food or feed, feed additives; or updates to the list of PARNUTS, at the point of exit will also need to have EU representation and details provided to the EU Commission.

Exporting GM food and animal feed products if there’s no Brexit deal

 

Prepare your food and drink business for a no-deal Brexit

To continue importing and exporting products between the UK and EU you must get a UK Economic Operator Registration Identification (EORI) number and decide if you want to hire an import-export agent, or make the declarations yourself.
Contact the organisation that moves your goods to find out what they need to make the declarations for your goods, or if you will need to make them yourself.
Note that goods moving between Ireland and Northern Ireland will have different procedures compared to other UK-EU trade.
Read the guidance on changes to trading with non-EU countries that have a free trade agreement with the EU.
Under the temporary UK tariff regime of up to 12 months, the majority of UK imports would be tariff-free, but in certain sectors, such as agriculture, tariffs would be maintained.

The way you import Animals, animal products and high risk feed and notify the UK authorities of these imports will change – see the full notice.
You’ll need to follow new processes to export the following in no-deal Brexit - see the full notice relating to animals, animal products, fish and fish products and the rules for what you must show on food labels for some food and drink products
The EU organic logo must not appear on UK organic goods. If the UK is able to achieve equivalence with the EU (where both still recognise each other’s standards) before exit day, then UK organic goods can enter the EU and can continue to use the logo, but if the UK does not achieve recognition from the EU, you will not be able to export organic food or feed to the EU after Brexit. See the full notice on trading and labelling organic food labelling after Brexit.
Non-EU (third country) organic products can be checked at any point of entry and only need to enter at a Border Inspection Post (BIP) if they are classed as another commodity that requires checking.
See the full notice for the list of products that may be subject to marketing standards changes after a no-deal Brexit. Marketing standards inspections will continue but will be managed to minimise delays at the border and disruption to trade flows.
There are certain schemes and processes you need to be aware of if you employ people – see the full notice
If your business uses chemicals visit the Health and Safety Executive (HSE) website for information on how each of the chemicals regimes will be affected, read the UK REACH guidance for actions for businesses using chemicals andcheck actions for different types of businesses in the HSE’s scenario summary table
Additionally your business will need to make sure it follows data protection law.

 

Parcel delivery services and preparing for Brexit

If the UK leaves the EU with no deal, sellers outside the UK (including within the EU) must pay the import VAT for any parcels worth £135 or less, sent to UK buyers after Brexit.
This will include parcels worth £15 or less as the existing Low Value Consignment Relief (LVCR) will no longer apply.

Public sector procurement after no-deal Brexit

If the UK leaves the EU without a deal, the public procurement regulations will remain broadly unchanged after Brexit as a Statutory Instrument (SI) will come into force on exit day.
A key difference for contracting authorities will be the need to send notices to a new UK e-notification service instead of the EU Publications Office.
There will no longer be access to the EU Publications Office and the online supplement to the Official Journal of the EU OJEU and Tenders Electronic Daily (TED). The government has now amended current legislation to instead require UK contracting authorities to publish public procurement notices on a new UK e-notification - Find a Tender (FTS) - which will be set up at 11.00pm GMT on the 31st October or exit day – see details in the full notice.
Contracting authorities still working with a third-party provider should still be able to access EU contracts on OJEU/TED, providing that the e-Sender successfully completes integration work to post notices on Find a Tender.
For regulated procurements in progress on exit day, guidance has been published in procurement policy notice PPN

Existing free trade agreement if no deal

Arrangement would be put in place with partner countries so that the UK is treated as an EU member state for the purposes of international agreements, including trade agreements.  The government would look to implement bilateral UK-third country agreements from the day of exit.

The new agreements will replicate the existing ones in place as a member of the EU.

If arrangements not in place in time for exit, trade will be under Most-Favoured Nation’ (MFN) basis, (World Trade Organization - WTO) terms.

Under these terms, equal duty rates must be applied to all WTO members.

The UK is looking to put in place a unilateral trade preference scheme for developing countries, which will mirror the current EU preference scheme.

Bilateral agreements are being negotiated and changes to current EU agreements are trying to be limited.

As MFN tariffs will apply, the government will publish tariffs prior to exit, but they can be found at Tariff Look Up tool

Existing free trade agreements if there's no Brexit deal

Apply for grants if your business completes customs declarations

Subject to meeting the criteria, of being established in, or having a branch in the UK when the grant is paid to you and not have previously failed to meet its tax obligations you can apply to get funding for training that helps your business to complete customs declarations and processes.

Additionally, if you are a customs intermediary, you can get funding for hiring new staff to help your business complete customs declarations, IT improvements to help your business complete customs declarations more efficiently.

See the full notice for full details relating to the training grant and IT improvement grant and the funding available and the required information and documents and tax.

PricewaterhouseCoopers (PwC) is administering the grants for HMRC.

The government’s guarantee for EU-funded programmes if there’s no Brexit deal

Until our departure from the EU, we remain a Member State, with all the rights and obligations that entails meaning that the UK will continue to participate in all EU programmes.
All EU funded programmes will be fully funded under the current 2014-2020 Multiannual Financial Framework.
In the event that the UK leaves the EU without a deal, the UK will leave the EU Budget, meaning UK organisations would no longer receive future funding for projects under EU programmes, such as the European Regional Development Fund and Horizon 2020, without further action – however, the government will guarantee EU projects agreed before we leave the EU, to provide more certainty for UK organisations over the course of Brexit
See the full notice for more detailed information.
This guarantee ensures that UK organisations, such as charities, businesses and universities, will continue to receive funding over a project’s lifetime if they successfully bid into EU-funded programmes before the end of 2020.

Bringing goods to the UK from the EU through roll on roll off ports

If you use roll on roll off locations to transport goods into the UK, you’ll need to submit customs declarations and pay any customs duty, excise duty or VAT due.

You will need to get an Economic Operator Registration and Identification (EORI) number (starting with GB) from HMRC and decide if you want to make customs declarations yourself or get someone to make declarations for you and register in advance to use the transitional simplified procedures which will make it easier for you to import goods from the EU and also make sure you’re ready to send your UK EORI number or master reference number to the haulage company moving your goods.

Once you are ready, you will need to declare your goods to customs.

You must declare your goods before checking them onto the ferry or train on the EU side. You or your representative can do this by – see the notice for further details.

You must submit your customs declaration no earlier than 21 days before your goods arrive at the EU departure port (or Eurotunnel) and you may be asked to confirm that you have completed a declaration as part of the terms and conditions when booking your transport or at check-in.

You must also provide the haulier moving your goods with your EORI number, if you are making an entry in your own records, or the master reference number you will receive when you complete a simplified or full declaration. HMRC may ask your haulier to show the EORI or master reference number to prove a declaration is in place.
You must tell HMRC that your goods have arrived as soon as possible and no later than the end of the working day after the goods’ arrival in the UK. Your goods can leave the roll on roll off location and continue their journey before doing this.

If you have customs duties, excise duties or import VAT to pay, you must have a duty deferment account to import goods using transitional simplified procedures.
As well as making a customs declaration, you’ll need to use the Excise Movement and Control System to move excise duty-suspended goods from the place they enter the UK if they’re being delivered to a UK excise warehouse.

If you do not enter the excise movement guarantee reference number on the import declaration, the goods will not be placed in duty suspension and they’ll be liable to forfeiture. You must also pay the excise duty.

The person carrying the goods will need to carry either a master reference number to show that the importer has made a full or simplified frontier customs declaration and the UK EORI number of the importer if the importer made an entry in their own records.

For roll on roll off movements you’ll need to have reasonable belief that your customers have made the customs declarations which can be done through the terms and conditions your customers use when booking their transport – you will need to show the booking to HMRC if asked for it.

 

Carry out international road haulage after Brexit

Check for updates about how international road haulage permits will work from August 2020.

You must have a standard international operator licence and an EU Community Licence for journeys to, through or from the EU, Iceland, Liechtenstein and Norway - you can use your existing community licence until 31 July 2020.

You will get a ‘UK Licence for the Community’ if you apply for or renew your operator licence after a no-deal Brexit which will replace the EU Community Licence and works in the same way as the EU Community Licence with the same rules applying.
If there is a no deal Brexit you can complete most international journeys until 31 July 2020 without extra permits and you can use your existing EU Community Licence until 31 July 2020 if the journey is entirely within the EU, Iceland, Liechtenstein and Norway.

After a no-deal Brexit, you will need European Conference of Ministers of Transport ECMT permits for journeys through the EU (except Cyprus, where you cannot use the permits), Liechtenstein and Norway to numerous other countries – see the full notice for details.
You will not need extra permits for haulage in Ireland if there’s a no-deal Brexit and you will still be able to use your EU Community Licence for journeys to and from Ireland, through Ireland to other EU countries, Iceland, Liechtenstein and Norway, through Ireland between Great Britain and Northern Ireland – see the full notice relating to Switzerland, Norway, Iceland and Liechtenstein.

The number of Cabotage and cross-trade jobs you can do will reduce with a no-deal Brexit – see the full notice for details along with details relating to Own Account Journeys, registering vehicle trailers, registration documents, GB stickers, vehicle and trailer insurance.
To enable them to work for both EU and UK companies after Brexit, prior to Brexit your drivers need to exchange their UK Driver CPC qualification for an EU one if you are an EU company.
Additionally, to drive in the EU after Brexit, drivers will need to get an international driving permits (IDPs), renew their passport early enough and having the right type of travel insurance with healthcare cover.

 

Changes to your customs authorisations in a no-deal Brexit

You will need to check whether your current authorisations to use special and simplified procedures (customs facilitations) still apply.
Your business must be established in the UK to use most customs facilitations (with the exception of temporary admission) – i.e. you’re a sole trader resident in the UK, your company or partnership has a registered office in the UK, your company or partnership has a permanent place of business in the UK where you carry out its business activities
If you trade goods with the non-EU countries, you may be already authorised to use customs procedures.
Depending on the type of facilitation, and whether HMRC or another EU customs authority gave you that authorisation, you should check that you can carry on using it and whether it will be more limited.

The customs special procedures covered in the guidance are:
• inward processing
• outward processing
• temporary admission
• authorised use (also known as end use)
• customs warehousing

If HMRC have authorised you to place goods into a customs special procedure in the UK, your authorisation will still be valid in the UK after Brexit. You can carry on both importing goods into the UK and suspending customs duties and import VAT or in certain circumstances, relieving some or all of the customs duty.
You’ll also be able to use your authorisation to import goods from the EU along with any you already import from non-EU countries, but you should write to HMRC to ask for an amendment to your authorisation if there are changes to the range of commodity codes, quantities, values or any other details specified in your current authorisation
If HMRC have authorised you to place goods into a customs special procedure, including moving those goods into the EU, your authorisation will still be valid but in the UK only which means that you can carry on importing goods into the UK under the authorised procedure after Brexit but should write to HMRC to ask for an amendment to your authorisation if there are changes (see above).
If you’re named on an authorisation issued by another EU customs authority to place goods into a customs special procedure in the UK, you will not be able to receive goods in the UK under that authorisation after Brexit.
Where you have had goods under an authorisation from another EU customs authority, you’ll have 12 months from the date the UK leaves the EU to discharge those goods from any customs special procedure.
After Brexit, in most cases you will not need a guarantee to cover your customs duty and import VAT to get full authorisation for inward processing, outward processing, temporary admission, authorised use (or end use), customs warehousing.
You can carry on using HMRC-issued authorisations for transit simplifications, including authorised consignor and consignee status, after Brexit.
If you’re already authorised by HMRC to use customs freight simplified procedures, after Brexit you’ll be able to use your authorisation to make simplified declarations for goods imported from the EU as well as from non-EU countries – as above, write to HMRC to ask for an amendment to your authorisation if there are changes to.
If you’re authorised to use customs freight simplified procedures, after Brexit, you can use the procedure on behalf of other businesses that are not authorised. If you do, you must make the declarations in the name of the business that you’re acting directly for and they will be solely liable for any customs duty, excise duty or import VAT due.
If you’re established in the UK and you already hold authorised economic operator status (issued by HMRC), your authorisation will be transferred automatically to the UK scheme after Brexit.
This will be a new UK status and will replace your existing EU status for your UK customs operations. You’ll be issued with a new certificate and logo which you should use in place of any existing certificate and logo after Brexit.
The new UK status will not apply to branches or permanent business establishments in other member states. You may need to contact these member states directly to discuss making a separate application on behalf of these branches.
If you currently hold authorised economic operator status issued by another EU customs authority, which covers your customs operations in the UK, the UK will not recognise this and it will not secure the benefits of the status in the UK after Brexit.

Proof of origin: trade continuity agreements and General Scheme of Preference (GSP)

Where the UK and partner countries have brought continuity agreements into effect, you will continue to need proof of origin to access preferential market access opportunities – see the full notice for which EU agreements have been transitioned.
Where the UK has not yet agreed continuity agreements on exit day, trade will take place on World Trade Organisation (WTO) terms and in these circumstances, formal proof of origin would only be required in limited circumstances.
The rules of origin in transitioned agreements will enable businesses in the UK and the trading partner to continue to operate as much as possible through their established value and supply chains, including continuing to make use of EU content in their exports to one another.
The proof of origin required under transitioned agreements is as similar as possible to those used in the previous EU agreement.
Further detailed guidance on rules of origin will be published when the UK leaves the EU.
Where continuity agreements are in place, updated certificates of origin will be available immediately after the UK has left the EU with Certificates looking very similar to those currently in use - though will show the UK as the place of origin rather than the EU.
See the full notice If you expect goods to be in transit when the UK leaves the EU.

The UK will implement its own independent Generalised Scheme of Preferences (GSP) scheme from day one if we leave the EU with no deal. It will have its own administration arrangements, but aims to keep much of the existing administration arrangements as the EU.

Check if you need to register a trailer before towing it abroad

You must register commercial trailers over 750kg gross weight and all trailers over 3,500kg gross weight before towing them through some European countries – see the full notice for details. Thus, such trailers making international journeys will need to display their own registration plate (separate from the vehicle towing them), have a trailer registration certificate that can be shown to a foreign authority on request.

Note that some EU and EEA countries will also require a separate ‘green card’ as proof of insurance for trailers if there is a no-deal Brexit – see full notice for details.

You do not need to register trailers that are only used in the UK, for journeys between the UK and Ireland, Cyprus, Liechtenstein, Malta and Spain.

You need a keeper’s certificate for an abnormal load trailer To take an abnormal load trailer abroad you will need a keeper’s certificate for an abnormal load trailer which must be carried in your vehicle when you go abroad.
Note that some countries measure abnormal loads differently from the UK, so check with each country you’re travelling through.

Check when you’ll need to account for import VAT in a no-deal Brexit

If your business is registered for VAT in the UK you’ll be able to account for import VAT on your VAT Return. This means you will pay import VAT on your VAT Return instead of when the goods arrive at the UK border.

If you’re not VAT-registered in the UK you will not be able to account for import VAT in this way, you’ll need to pay import VAT at the time you import the goods.
You’ll need an Economic Operator Registration and Identification (EORI) number that starts with GB when you import the goods into the UK.

You can account for import VAT on your VAT Return if the goods you import are for use in your business, your VAT registration number is shown on your customs declaration, or EORI number if you’re using the Customs Handling of Import and Export Freight (CHIEF) system.

You can account for import VAT when the goods enter the UK, or when they’re released into free circulation through one of the following customs special procedures, customs warehousing, inward processing, temporary admission, end use, outward processing.

If you import goods for use in your business and the seller sends them as a parcel in the post, you will not be able to account for import VAT on your VAT Return if the goods are worth £135 or less.

You must continue to treat goods already in transit from the EU as acquisitions and account for VAT on the return for the period in which the acquisition takes place.

If you have one, you can authorise your agent to account for import VAT on your VAT Return.
If you choose not to account for import VAT on your VAT Return, you’ll need to wait 2 months after paying the import VAT before you can reclaim it.

 

Fluorinated gases and ozone-depleting substances: how to do business if there’s a no deal Brexit (See link to: Using and trading fluorinated gas and ozone-depleting substances: rules and processes in a no-deal Brexit).

The UK will regulate fluorinated greenhouse gases (F gas) and ozone-depleting substances (ODS) if there’s a no-deal Brexit.

EU F gas and ODS regulations will no longer apply in the UK if there is no Brexit deal.

However, new UK ODS and F gas regulations transfer most of the requirements of the EU regulations to UK law.

The UK will continue to restrict ODS and will use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas), by 79% by 2030 relative to a 2009 to 2012 baseline, meaning that UK F gas quotas will follow the same phase down steps as the EU.

You will still need to comply with EU regulations on F gas, ODS and products containing them that you place on the EU market after Brexit.

The Environment Agency will manage the new UK F gas system including UK HFC quota allocation used to apply for a UK quota and report activities.

Geo-blocking after Brexit

You do not need to make any changes to how you provide goods and services if you already meet the EU Geo-Blocking Regulation.

You must follow the EU Geo-Blocking Regulation to sell goods and services into the EU after Brexit. You will not be able to discriminate between customers in different EU countries, for example between a customer in France and a customer in Germany.

This means you cannot treat customers differently when they are buying goods online, electronically supplied services – for example, web hosting or cloud storage, services provided in a physical location – for example, a theme park.

These regulations do not apply to selling copyrighted material like e-books and streamed movies.

You do not need to follow the EU Geo-Blocking Regulation if you are selling goods and services in the UK to UK customers.

As a UK customer, you may be treated differently to EU customers when you buy goods and services from the EU. EU businesses will not have to follow the EU Geo-Blocking Regulation when they sell to the UK.

Parcel delivery services and preparing for Brexit

If the UK leaves the EU with no deal, sellers outside the UK (including within the EU) must pay the import VAT for any parcels worth £135 or less, sent to UK buyers after Brexit.
This will include parcels worth £15 or less as the existing Low Value Consignment Relief (LVCR) will no longer apply.
If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
UK hauliers can continue to use their EU Community Licence until 31 December 2019 and will not need any extra permits to transport goods in EU countries until 1 January 2020 – see further details in the full notice.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021, but you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU.
If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
From 1 January 2021, a new skills-based immigration system will launch.

Passport rules for travel to Europe after Brexit

New rules will apply for travel to Europe if the UK leaves the EU without a deal and you should have at least 6 months left on an adult or child passport to travel to most countries in Europe (not including Ireland).
See the full notice for the list of countries affected
The new rules do not apply when traveling to Ireland.

Using your mobile in the EU and EEA countries if there’s no Brexit deal

Surcharge-free roaming when you travel to the EU and EEA countries can no longer be guaranteed, if there’s no Brexit deal. This would include employees of UK companies travelling in the EU for business.
Some mobile operators (Three, EE, O2 and Vodafone) have no plans to change their mobile roaming policies after the UK leaves the EU. You should, however, check the roaming policy with your mobile operator before you go abroad.
If your mobile operator is proposing to reintroduce surcharges for roaming, or change the terms on which it offers roaming see the full notice.
The government has legislated to protect consumers from unexpected charges if there is no Brexit deal. This is to ensure that obligations on mobile operators to apply a financial limit on mobile data usage while abroad is retained in UK law.You should be aware of ‘inadvertent roaming’ if you live in border areas of Northern Ireland.
The government has passed legislation to ensure that operators continue to make information available to their customers on how to avoid inadvertent roaming in border regions if there is no Brexit deal.
Mobile operators must take reasonable steps to protect their customers from paying roaming charges for inadvertently accessing roaming services if there’s no Brexit deal. They must also make information available to their customers on how to avoid inadvertent roaming in border regions.

Register for transitional simplified procedures to import goods in a no-deal Brexit

In a no-deal Brexit, UK businesses will need to apply the same procedures to EU trade that apply to trading with the rest of the world. You can make it easier to import goods from the EU by using transitional simplified procedures if you have an EORI number that starts with GB, are importing goods from the EU into the UK (including goods travelling through the EU from the rest of the world if they’ve gone through EU customs), are established in the UK – (meaning you’re a sole trader who is resident in the UK, your company or partnership has a registered office in the UK, your company or partnership has a permanent place of business in the UK where they carry out their business activities
You should not register if the only goods you import are coming into the UK directly from outside the EU, you’ll use a customs special procedure, you’re importing the goods for someone else (like if you’re a freight forwarder), you have a consistent history of submitting late tax returns, not paying tax or duties, or your business is insolvent.

Reporting CO2 emissions for new cars and vans if there’s a no-deal Brexit

Department for Transport (DfT) will take over the application and enforcement of CO₂ standards for UK-registered cars and vans.
Manufacturers will be set UK-specific targets which will be at least as ambitious as current EU CO₂ emissions targets. These targets will be set on the basis of their UK vehicle registrations and the UK will no longer report its new vehicle registrations data to the European Environment Agency.
Manufacturers will then have 3 months to inform DfT about any anomalies within this data, as is the situation now.
After this period, DfT will notify manufacturers of the final data and issue any fines for not adhering to their target. This is also known as an ‘excess emissions premium’. The excess emissions premium amount will be at the same rate as at present.
Manufacturers may still group together and pool their UK registrations after Brexit, but will have to provide DfT with certain information to do so.
Manufacturers can apply for a ‘derogation’ from the overall CO₂ thereby allowing smaller manufacturers, who might not be able to reduce carbon emissions as quickly as their larger counterparts, to receive an adjusted target.
Manufacturers or suppliers may still apply for eco-innovation approvals for vehicle technologies that contribute towards CO₂ reductions but that are not part of CO₂ test procedures. Technologies that are currently approved as eco-innovations will still be recognised as such by the DfT. New technologies will need to be approved separately in the UK after Brexit. Manufacturers may continue to receive CO₂ emissions credits for the deployment of approved eco-innovations on their vehicles.
New cars and vans that are registered after Brexit within the EU, Norway, Iceland or Liechtenstein, including any vehicles manufactured in the UK and exported into the EU, will continue to be covered by EU regulations, provided they meet and fall under the scope of type-approval requirements.

Steel and other metal manufacturing and preparing for Brexit

Current EU trade remedies, which matter to the UK, will be maintained when our own independent trade remedies system begins operating. The remaining EU measures will no longer apply.
When the UK leaves the EU, you will be able to request an investigation if your business is suffering as a result of unfair trade practices or surges in imports – see the full notice for details.
If the UK leaves the EU without a deal, current participants in the EU Emissions Trading Scheme (ETS) who are operators of UK installations will no longer take part in the system.
To retain as much continuity as possible, all operators currently participating in the EU ETS should continue to comply with the regulations for the monitoring, reporting and verification of greenhouse gases. These regulations will support the new UK Carbon Emissions Tax, which will apply to all UK stationary installations currently participating in the EU ETS.
Subject to state aid approval, an equivalent to the scheme to compensate energy-intensive industries for the indirect costs of the EU ETS will be established to compensate for the indirect emission costs of the new Carbon Emissions Ta
If you use or import chemicals then you will need to check whether you have new obligations under UK REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).
Ensure you can continue to manufacture and export chemical products - there may also be new actions you need to take if you manufacture or export chemicals. Further information is provided on the HSE website
1. Get a UK (Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you, and decide if you want to hire an import-export agent, or make the declarations yourself.
If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made.
When the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime. This would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken - under the temporary tariff regime the majority of UK imports would be tariff-free.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021.
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status. This will mean they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
From 1 January 2021, a new skills-based immigration system will launch.

Temporary import tariff rates and quotas after a no-deal Brexit (Defaults to Non-preferential tariff rates and quotas on imports if the UK leaves the UK with no deal).

If the UK leaves the EU with no deal, you may need to pay different rates of customs duty (tariffs) on imports into the UK from the EU and the rest of the world. The temporary rates would be in place for up to 12 months. The government will then introduce a permanent tariff regime following a public consultation.
If your goods are not listed in the document (tariff reference document) you will not have to pay customs duty (tariff) when importing them into the UK.
If there is no trade agreement between the UK and another country after Brexit, you will have to trade with that country under World Trade Organisation (WTO) rules.
WTO rules state that the same trading terms must be applied to all countries, unless there is a trade agreement between 2 or more countries - known as Most Favoured Nation

Labelling products and making them safe

Placing manufactured goods onto the UK Market if there is a no deal

Regulation around placement of goods will remain unchanged, with continuation of conformity assessment.  Goods can bear the CE market for a short period of time and notice will be given when regulation around that changes.

A new UK conformity marking, the UKCA mark,  will indicate that a product complies with UK regulations and can be placed on the UK market.
If your goods are conformity assessed by a UK approved body, then where this is required by legislation, you must use the UKCA marking. This means you can place them on the UK market after leaving the EU, but not the EU market.

If you bring manufactured goods regulated under the new approach into the UK from the EU or EEA and want to place them on the market after leaving the EU your status will change from a ‘distributor’ to an ‘importer’, with your company details on the label, conformity checks undertaken.

Placing manufactured goods onto the UK Market if there is a no deal

Placing manufactured goods on the EU internal market if there's no Brexit deal

When we leave the EU the essential requirements (the legal requirements that must be met before a good can be placed on the market) applying to goods placed on the EU internal market will not change. After the UK leaves the EU the results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised in the EU. This is the case even if the assessment was carried out EU Exit date.

If you are placing a good on the market after EU Exit date you will need to use an EU-recognised conformity assessment body.
You will still be able to use CE marking based on self-declaration of conformity when you are placing goods on the EU internal market.
If you export products to the EU internal market after EU Exit date  then they will need to be labelled with the details of an importer based in the EU or EEA. Products that have a label specifying a UK company as the importer of that product will not be permitted to be placed on the EU internal market after we leave the EU, even if the label was applied before EU Exit date.

After the UK leaves the EU, UK-based authorised representatives (‘responsible persons’) will no longer be recognised by the EU. If you use a UK-based authorised representative to place goods on the EU internal market you will need to arrange an authorised representative based in the EU, EEA or Switzerland.
Old approach goods are subject to detailed regulatory requirements and approvals by public bodies. The relevant regulators have produced detailed guidance on goods subject and can be accessed on the link below.

Placing manufactured goods on the EU internal market if there's no Brexit deal

Food labelling changes after Brexit if no deal

The EU has issued guidance on labelling changes required after exit day, therefore check with your EU importer how the EU’s new labelling requirements affect your products.

Food products placed on the EU market before exit day can continue to be sold, distributed or transferred in the EU without labelling changes.
Pre-packaged food and caseins must have an EU address for the (Food Business Operator) FBO or EU importer on the packaging or food label.
EU organics logo must not be used after exit day unless your UK control body is authorised by the EU to certify UK goods for export to the EU, the UK and the EU agree to recognise each other’s standards (equivalency). If the UK does not reach an equivalency deal with the EU, you cannot export organic food or feed from the UK to the EU.
You can continue to use your UK organic control body logo.
You must not use the EU emblem on goods produced in the UK after exit day unless you have been authorised by the EU to do so.
On products of animal origin (POAO), you must replace the EU oval health and identification marks with new UK health and identification marks.
UK food must not be labelled as origin ‘EU’ after exit day.
The UK will have a 21-month transition period for labelling changes after exit day, but where a transition period is not possible (for example use of the EU organic logo), Defra is encouraging a pragmatic approach to enforcement within the UK.
You can continue to use the EU oval health and identification mark on products of animal origin (POAO) produced and sold in the UK during the 21 month transition period, but after the transition period, you must use the new UK health and identification marks for POAO to clearly show the UK product has been subjected to strict health and welfare checks.
Your label must state ‘Origin: non-UK’ if the animal your beef or veal came from was born, reared or slaughtered outside of the UK and EU.
You should replace ‘live import into the EC’ with ‘beef from a live import into the UK’ where you do not know the origin country of the animal.
Geographical Indication - GI-protected food or drink products (except wine or spirits) must use the relevant UK logo. Guidance on the UK schemes, including the new logos, will be released before exit day.
The UK will set up its own GI schemes if there’s a no-deal Brexit and you will have 3 years from the launch of the UK schemes to adopt the relevant UK logo on food and agricultural product packaging.

Producing and labelling food if there's no Brexit deal

Trading and labelling organic food after Brexit

The UK will have its own laws for the production, processing, labelling and trading of organic food and feed after Brexit but with organic standards remaining similar to the EU’s.

Food and feed registered as organic in the EU will continue to be accepted as organic in the UK. The EU will decide whether to continue accepting food and feed registered in the UK as organic.

You will still need to be certified by an approved UK organic control body if you grow, process or import organic food for trade within the UK and organic food you produce, sell or import must be labelled with the details of your organic control body.

Logos on packaging would need to change. You must not use the EU organic logo on any UK organic food or feed after Brexit unless either your control body is authorised by the EU, the EU and the UK recognise each other’s standards (equivalency).
You will no longer be able to use the EU’s Trade Control and Expert System New Technology (TRACES NT) when importing food and feed but will use a manual UK organic import system until a digital syatem is in place.
You will not be able to export organic food or fed to the EU unless either your control body is authorised by the EU or there is equivalency (see above).

Producing and processing organic food if no deal

Logos on packaging would need to change. There would be a grace period to use up existing stock. UK organic operators would not be permitted to use the EU organic logo. UK organic operators may continue to use their control body’s logo. Defra has commissioned research on organic logos used worldwide which will provide evidence for developing any future UK logo.

UK businesses would only be able to export to the EU if they were certified by an organic control body recognised and approved by the EU to operate in the UK. To do this, UK organic control bodies will need to apply to the European Commission for recognition. UK control bodies are not permitted to make these applications until the UK becomes a ‘third country’. Approval can take up to nine months so we are exploring alternative approaches that should speed up this process. As we are retaining EU regulation in UK law, we expect to negotiate an equivalency arrangement with the EU which will allow the free movement of organic goods between the EU and the UK. We will ask the European Commission to discuss these applications in advance of EU exit date.

Producing and processing organic food if there's no Brexit deal

This guidance should be read in conjunction with Food standards: labelling, durability and composition 

Protecting geographical food and drink names if no deal

There are currently 86 ‘geographically identified’ (GI) protected UK product names.  These product names are protected under EU legislation. On leaving the EU, the UK will created a WTO compliant TRIPS system (Trade-Related Aspects of Intellectual Property Rights).  There may be a UK GI logo.

Businesses may need to apply to the EU Commission to continue to have EU recognised GI status. Business may also want to consider intellectual property protection.

Protecting geographical food and drink names if there’s no Brexit deal

Regulating chemicals (REACH) if no deal

If you’re using, making, selling or importing chemicals in the EU, you need to follow REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) regulations. You must register your chemical substance with the European Chemicals Agency (ECHA) - this body enforces REACH regulations in the EU.

Regulating chemicals (REACH) if there’s no Brexit deal

Control of Persistent Organic Pollutants if no deal

The Persistent Organic Pollutants regulations, enforcing the international Stockholm Convention agreement on POPs and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on POPs (CLRTAP) will continue under the Environment Agency for England.

Potential new POP substances will be managed initially through the UK chemicals regulatory regime that would replace REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals).

Control on persistent organic pollutants if there's no Brexit deal

Regulating biocide products if no deal

Biocide products are current registered using an EU IT system, known as the ‘Register for Biocidal Products’ (R4BP3) that is run by the European Chemicals Agency (ECHA).

If no deal, The UK would put in place a stable regulatory framework for biocidal products from the point of exit, with the HSE as the competent authority. Companies who want a biocide product approving for the UK would go to HSE, instead of ECHA.  A process for handling applications will be put in place at the point of exit, whilst an IT system is being developed.

Regulating biocidal products if there’s no Brexit deal 

Classifying, labelling & packaging chemicals if no deal

The UK will establish an independent standalone chemicals regime. At the time of exit, the UK will adopt the Globally Harmonised System (GHS) for the classification and labelling of chemicals, the same system as the EU.

The UK classification and labelling regime would be based on the existing EU regulatory regime in order to provide continuity for businesses.  Companies operating in the UK dealing with HSE in place of the European Chemicals Agency (ECHA).

Duties on UK manufacturers, importers and downstream users to classify, label and package the substances and mixtures they place on the UK market will remain as they are currently.

Labelling requirements would remain in place, including the principles of precedence for the different labelling elements, the location of the label on packaging, and exemptions where available. The arrangements for dealing with both transport and CLP (classification, labelling & packaging) labelling are unchanged.

The packaging requirements stay the same, including those for child resistant closures and tactile warning devices.

Testing arrangements will remain the same.

Manufacturers and importers will also continue to comply with the duty to notify, but now to the HSE.

Classifying, labelling and packaging chemicals if there's no Brexit deal

Health marks on fish, meat and dairy products in no deal

Currently, you cannot produce or process meat, fish or dairy products for sale unless your establishment is approved by the Food Standards Agency under EU regulations.  The produce must carry a health mark showing this approval. The UK will not be entitles to use these health marks when no longer an EU member, so the marks will need to change. The Food Standards Agency is proposing what the changes to the marks will be. There will be a consultation period after which, industry will be notified of the agreed changes.  The revised marks will need to be used when exporting to the EU or other countries. The old mark may be acceptable for a short period for sales inside the UK. DEFRA will inform countries that the UK export to, of the revised health marks.

Health marks on meat, fish and dairy products if there’s no Brexit deal this should be read in conjunction with this guide 

Export & import of hazardous chemicals (PIC Regulation- ‘prior informed consent’) if no deal

The UK would establish an independent standalone PIC regime so that the UK can continue to meet its international obligations under the Rotterdam Convention.  UK exporters would continue to notify exports of listed chemicals via the Health and Safety Executive (HSE). UK-based companies exporting or importing listed chemicals (including to or from EU countries) would need to comply with the requirements of the UK PIC Regulation.

UK-based companies would no longer have access to ePIC and would need to use the UK’s new system that would be operated by the HSE to notify exports of listed chemicals from the UK

Export and import of hazardous chemicals if there's no Brexit deal

Applying for a Certificate of Pharmaceutical Product after Brexit

The way you apply for a Certificate of Pharmaceutical Product (CPP) will not change if there’s a no-deal Brexit.

However, there will be an extra step in the process if you want to apply for a CPP for something that’s currently a centrally authorised product (CAP).

You’ll need to submit data about the product you’re applying for at least 2 days before you make your CPP application and you must also email exports@mhra.gov.uk to let them know when you’re about to make your first CPP application - you only need to do this once.

List of approved countries for authorised human medicines if there’s a no-deal Brexit

If the UK leaves the EU without a deal, the Human Medicines Regulations 2012 will refer to lists of approved countries for:
• Importation of medicines under a wholesale dealer’s licence (“approved country for import list”)
• Batch testing of medicines (“approved country for batch testing list”)
• Manufacturing of active substances with regulatory standards equivalent to the UK (“approved country for active substances list”)
On exit day, the UK will accept batch testing (quality control testing), certification by a Qualified Person and Active Substance manufacture from countries specified in these lists. This will be subject to any relevant conditions or restrictions that existed in arrangements with the EU immediately before exit day.
This will be reviewed at least every 3 years (but no earlier than 2 years after exit day in the case of EEA States on those lists).
Regulation 18A of the Human Medicines Regulations 2012 will allow importation of human medicines under a UK wholesale dealer’s licence from the Eu-27 countries listed (see the full notice) plus he EEA countries of Iceland, Liechtenstein and Norway provided that the UK wholesale dealer confirms that each batch has been certified by a Qualified Person (QP) in a listed country.
The list of countries approved for Batch testing will be the same as above – see the full notice for the complete list.
See the full notice for the complete list of non-EEA countries with existing EU Mutual Recognition Agreements (MRA) and the list of non-EEA countries with the same restrictions on the acceptance of batch testing as were in place immediately before exit day.
See the full notice for the list of countries with equivalent regulatory standards for the manufacture of active substances

Handling of Active Substance Master Files and Certificates of Suitability in the event of a no-deal Brexit

Following Brexit, the Medicines and Healthcare products Regulatory Agency (MHRA) will continue to accept an Active Substance Master File and/or a Certificate of Suitability in both new national initial Marketing Authorisation Applications (MAA) and in Marketing Authorisation Variation (MAV) applications.

An Active Substance Master File (ASMF) should be prepared in accordance with the Committee for Medicinal Products for Human Use (CHMP) guideline on active substance master file procedure.

You should submit the Applicant’s Part (AP) of the ASMF as part of the MA dossier, together with a letter of access issued by the ASMF holder.
The UK will no longer participate in ASMF worksharing procedures with EU Member States or have access to the EU Communication and Tracking System (CTS) assessment report repository. Any reference in the above guideline to the CTS ASMF assessment repository or to EU/ASMF/XXXXX reference numbers will not be applicable to UK national applications after Brexit.
Certificates of Suitability (CEPs) are not affected by the UK leaving the EU as they are issued by the European Directorate for the Quality of Medicines and Healthcare (EDQM).
There will be no change to the procedures relating to the use of a CEP to support an MAA or MAV.

 

Businesses supplying medicines and medical devices: preparing for Brexit

The Department of Health and Social Care (DHSC) is working with industry on plans to minimise any medical supply disruption following a no-deal Brexit. More information is available in the full notice and in the letter to suppliers of medicines and medical products that come to the UK from or through the EU, Iceland, Lichtenstein or Norway.

DHSC is asking companies supplying the UK with medicines or medical products from or through the EU, Iceland, Liechtenstein or Norway to include the actions set out here in their Brexit planning. Companies can now determine for themselves the right mix of these actions for their specific situation, to most effectively ensure the continued flow of supplies.
Actions for companies supplying the UK with medicines from or through the EU, Iceland, Liechtenstein or Norway, should, as appropriate, include securing capacity for rerouting freight away from Dover and Folkstone, stockpiling a minimum of 6 weeks’ additional supply in the UK – on top of your business-as-usual buffer stocks, preparing logistics and supply chains to meet the new customs and border requirement for both importing and exporting, (DHSC’s trader readiness unit can support suppliers with this), ensuring continued supply to the NHS as part of the contingency programme, making alternative air freight plans for products with a short shelf-life or where production constraints mean stockpiling is not possible, notifying DHSC of your company’s plans.

Companies supplying the UK with medical products from or through the EU, Iceland, Liechtenstein or Norway should review supply chains, assess how leaving without a deal would impact product ranges and then make contingency plans, take advantage of 3, government services to help medicine and medical product suppliers manage Brexitread DHSC’s letter to suppliers of medical devices and clinical consumables

You must still get a UK-based Qualified Person (QP) to certify the batch testing and ensure compliance with the Marketing Authorisation (MA) and Good Manufacturing Practice (GMP) guidelines for any medicines manufactured in the UK manufactured in a third country and directly imported into the UK
Sponsors of clinical trials or investigations running in the UK should now review supply chains, put in place any necessary arrangements to assure supplies after Brexit
Part of DHSC’s contingency planning involved analysing the supply chains of medical devices and clinical consumables. This identified the products routinely imported into the UK from other countries in the EU.

Currently there are 2 Manufacturer’s Authorisation licences issued by the MHRA for importing licensed medicines into the UK: manufacturer and wholesaler. These would remain the same should the UK leave the EU without a deal

To qualify for a manufacturer licence to make, assemble or import human medicines, you must show the MHRA that you comply with EU good manufacturing practice and pass regular inspections of your site.

Continue to alert the DHSC’s medicine supply team of any supply problems as soon as possible.

Guidance on substantial amendments to a clinical trial if the UK leaves the EU with no deal

The UK would require the sponsor or legal representative of a clinical trial to be in the UK or country on an approved country list which would initially include EU/European Economic Area (EEA) countries.

A change in sponsor or legal representative for an UK trial is a substantial amendment requiring submission to both the Medicines and Healthcare products Regulatory Agency (MHRA) and the Research Ethics Committee (REC).

Where the sponsor is from the rest of the world and the legal representative is established in the UK and there are sites elsewhere in the EU/EEA, the sponsor will need to assign an EU/EEA legal representative for these sites.

No amendment is required where the sponsor or legal representative for an ongoing trial is established in the EU/EEA as the UK will continue to accept this.
No amendment will need to be submitted in the UK if the sponsor retains the UK legal representative for the UK study. Similarly, no amendment will need to be submitted in the UK if a sponsor remains in the UK and a legal representative is added to cover EU/EEA sites.
As is the case today, a substantial amendment will be required to be submitted to MHRA to change (add/replace) any Investigational Medicinal Product (IMP) manufacturing, importation or certification site relevant for supply of IMP to an ongoing UK trial.
After a transition period of 1 year from the date the UK leaves the EU, this direct supply must be supervised by a Manufacturing and Import Authorisation for Investigational Medicinal Products (MIA(IMP)) holder who will be required to put in place an assurance system to check these IMPs have been Qualified Person (QP) certified in the EU or EEA. This assurance system must be overseen by a QP.

How to comply with REACH chemical regulations

If you’re using, making, selling or importing chemicals in the EU, you need to follow REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) regulations. You must register your chemical substance with the European Chemicals Agency (ECHA) - this body enforces REACH regulations in the EU – see the full notice to find out how register your substance with ECHA.

If you want to place new chemicals on both the EU/EEA (including Switzerland) and UK markets you must follow both the EU REACH and UK REACH rules. Registration with the Health and Safety Executive, (HEE).

If you are importing or exporting chemicals you can view the journey maps with the necessary steps.

How to comply with pesticide regulations after Brexit

EU law will no longer apply after the UK leaves the EU. However, new laws that ensure the safe use of pesticides (plant protection products) will be similar to existing laws, therefore, if you are producing or placing pesticides on the market ensure they are authorised under the new rules.
If you produce or place food or feed on the market, you must ensure you comply with regulations for Maximum Residue Levels (MRLs). An MRL is the highest amount of pesticide residue legally allowed in or on food - current product authorisations and MRLs will be valid immediately after Brexit, with the Health and Safety Executive (HSE) continuing to operate as the UK’s regulator.

Implementation period: what it means for the life sciences sector

At the March European Council, the UK and EU agreed the terms of an implementation period to the end of December 2020.
For the life science sector, continued market access, opportunities to attend committees and groups, and ongoing data sharing will ensure that access to medicines and medical devices continues, and patient safety is maintained in both markets – see the full notice for details relating to the implementation period.
The UK is to be treated as a Member State for the purposes of international agreements, including Mutual Recognition Agreements, for the duration of the implementation period.
Some elements of the MHRA’s and the VMD’s role will change during the implementation period – see the full notice.
The new Clinical Trials Regulation (CTR) is expected to be implemented during 2020 and would therefore apply to the UK under the terms of the time-limited implementation period.
The EU Medical Devices Regulation will fully apply from May 2020. As this falls during the implementation period the government will fully implement the legislation.
Industrial emissions standards (‘best available techniques’) if there’s a no-deal Brexit
The UK is committed to maintaining environmental standards after the UK leaves the EU and will continue to apply the existing successful model of integrated pollution control.

Industrial emissions standards (‘best available techniques’) if there’s a no-deal Brexit

The UK is committed to maintaining environmental standards after the UK leaves the EU and will continue to apply the existing successful model of integrated pollution control.

The EU Withdrawal Act 2018 maintains established environmental principles and ensures that existing EU environmental law will continue to have effect in UK law including The Industrial Emissions Directive (IED) and Best Available Techniques (BAT) Conclusion Implementing Decision made under it.

The UK government is introducing secondary legislation to ensure the domestic legislation that implements the IED (including the Transitional National Plan) can continue to operate after Brexit, which will amend current legislation to correct references to EU legislation, transfer powers from EU institutions to UK institutions and ensure that international agreements continue to be met.

Footwear labelling after Brexit

Regulation around placement of goods will remain unchanged, with continuation of conformity assessment.  Goods can bear the CE market for a short period of time and notice will be given These changes will affect your business if you are a manufacturer planning to place footwear on the UK market, a retailer planning to sell footwear imported from the EU
The rules for what you must show on labels will stay the same after the UK leaves the EU.
Retailers will now be responsible for ensuring the accuracy of labelling of footwear imported from the EU.
If you are a manufacturer, your responsibilities will not change after Brexit. However, your authorised agent will now need to be based in the UK rather than the EU.

Textile labelling after Brexit

Changes will affect your business if you are a manufacturer planning to place textile products on the UK market, a retailer planning to sell textile products in the UK.
The rules for what you must show on labels will stay the same after the UK leaves the EU and manufacturers and retailers are responsible for complying with the labelling requirements.

If you know that you will be placing textile products on the UK market after Brexit, you should check the presence and accuracy of the labels, and guidance on how to apply for a new textile name or manufacturing tolerance after Brexit and how the applications will be assessed will be published.

Meeting business regulations

Public Sector contracts if no deal

No longer have access to OJEU/TED so an alternate free to access contract finder platform to be created and a UK e-notification service

Procurement principle to accede to the WTO Agreement on Government Procurement (GPA)

UK Suppliers can still access EU contracts on OJEU/TED

Accessing public sector contracts if there’s no Brexit deal

Copyright if no deal

If there is no deal, the UK’s will continue its membership of the main international treaties on copyright to ensure that the scope of protection for copyright works in the UK and for UK works abroad.

However, there will be no obligation for EEA states to provide database rights to UK businesses. 

Portability Regulation will cease to apply to UK nationals when they travel to the EU there will be a restriction to online content services.

UK Collective Management Organisations will not be able to mandate EEA Collective Management Organisations.

There may be a delay in the ratification of some of the protection legislation, so businesses transferring accessible format copies between the EU and UK may not be able to rely on the EU Regulation.

The Intellectual Property Office has summarised considerations for businesses at factsheet on intellectual property rights and EU exit

Copyright if there’s no Brexit deal

Exhaustion of intellectual property rights if no deal

The UK will continue to recognise the EEA regional exhaustion area and will ensure that parallel imports of goods, such as pharmaceuticals, can continue from the EEA

Businesses may find that they need the right holder’s consent to export intellectual property-protected goods that have been legitimately put on the market in the UK to the EEA.

Exhaustion of intellectual property rights if there’s no Brexit deal

Anti-competitive & mergers if no deal

The UK will no longer be part of anti-competitive EU regime but will still abide by principles under UK regulation under the UK Competition and Markets Authority & move this in UK statutory law.

UK infringement will no longer be investigated by EU courts.  UK regulatory body will undertake the UK aspect.

The impact will be that some mergers will need to be scrutinised under both EU & UK law when there is an effect in both markets and anti-competitive claims may have to run parallel claims in UK and EU markets.

Merger review and anti-competitive activity if there's no Brexit deal

Patents if no deal

The relevant EU legislation will be retained in UK law under the EU Withdrawal Act 2018.

The existing systems will remain in place, operating independently from the EU regime, including supplementary protection certificates.

The conditions under the Unified Patent Court will operate are still under negotiation.

Legal professional privileges for EU Patent Attorneys will remain in place.

Patents if there’s no Brexit deal

 

Trade marks and designs if no deal

There will be an EU equivalent UK trade mark that will be enforceable in the UK.

There is work to be done with the World Intellectual Property Organization to provide protection to the UK after March 2019 of trade marks and designs filed through the Madrid and Hague systems and which designate the EU.

Existing EU trade marks will be migrated to the UK equivalent trade mark.

The protection of existing unregistered Community designs in the UK will continue through a new equivalent right which arises automatically and with no action required by the right holder.

Trade marks and designs if there’s no Brexit deal

 

Accounting & Audit if no deal

All companies will need to use ‘UK adopted IAS’ (International Accounting Standards) instead of ‘EU adopted IAS’ for financial years beginning after the UK leaves the EU. Both sets of standards will be the same on the day the UK leaves the EU, however, there may be differences later if the UK adopts or amends standards and the EU does not.

You can continue to use EU adopted IAS when preparing your accounts for financial years beginning on or before the day the UK leaves the EU.

UK incorporated parent companies with a subsidiary in the EEA need to check the reporting requirements in the country where the subsidiary is based whilst UK companies with a presence in an EEA country - for example, a branch - need to check the reporting requirements in that country.

Additionally, the way companies raise capital and trade securities on a regulated market will change – see the full notice.

UK incorporated groups that issue debt from a subsidiary incorporated in the EU will need to do both of the following:
- comply with the rules of the country where the subsidiary is based
- produce accounts that comply with the UK Companies Act 2006

All UK public interest entities (banks, building societies, insurers and issuers of securities that trade on UK regulated markets) will have to follow:
- Disclosure and Transparency Rules issued by the Financial Conduct Authority (FCA)
- rules issued by the Prudential Regulation Authority (PRA)

The Audit Directive requirement will still apply to companies with a parent company incorporated in the UK.

UK companies will need to appoint a UK registered audit firm. An individual UK registered auditor will need to sign the audit report on behalf of the firm.

Accounting and audit if there’s no Brexit deal

 

Health and Safety Executive information if the UK leaves the EU without a deal

Health and safety protections, and your duties as an employer to protect the health and safety of your employees, will not change with Brexit. UK laws will offer the same protections as existing EU law.
If your business moves high-risk material like chemicals or explosives in or out of the UK, read the guidance on how changes to importing and exporting after Brexit could affect you. (How changes to importing and exporting after Brexit)
The safe management of chemicals will not change after Brexit.
Read the latest information on regulating chemicals as part of your preparations for Brexit – see the full notice.

Providing Services, including those of a qualified professional if no deal

Recognition of professional qualifications - the Mutual recognition of Professional Qualifications (MRPQ) directive will no longer be valid. This means that non UK nationals coming into the UK to work with professional status will have to seek validation of their qualifications (vets, architects, doctors, dentists, nurses etc).  Those that have recognition prior to leaving EU will be unaffected.  The Govt is working with regulatory bodies on practical solutions.  UK nationals will have the same issue when looking to work in the EU, where member state recognition will need to be sought.

There are separate regulations for lawyers, but a similar scenario.

UK businesses providing services in the EEA will no longer be covered by the EU Service Directive. 

SOLVIT network no longer available to UK. SOLVIT is a resolution process that bypassed lengthy legal processes when looking to resolve disputes for business & individuals.

Providing services including those of a qualified professional if there's no Brexit deal

 

Structuring your business if no deal

EU nationals can still be UK business Directors. UK nationals may need to comply with EU local nationality restrictions, where applicable. UK businesses that have an EU principal place of business may not have their UK Ltd status recognised.

Cross border mergers can no longer take place under the same legal principles but can still be done under private contractual means.

UK investors in EU businesses may face restrictions (ie UK qualified auditor may not be the majority owner of an EU audit firm)

European Economic Interest Groupings, European Public Limited-Liability Companies (or Societas Europaea) and European Groupings of Territorial Cooperation will no longer be able to be registered in the UK 

Structuring your business if there’s no Brexit deal

Auditing for UK auditors and audit firms operating in the EEA after Brexit

This guidance is for UK auditors and audit firms. There’s different guidance for EEA auditors and audit firms.

The rules for auditing UK companies operating solely in the UK will not change after the UK leaves the EU.

UK companies operating in European Economic Area (EEA) countries will need to meet regulations in those countries.

You should check if your UK qualification will continue to be recognised after the UK leaves the EU by contacting the competent authority in the country where you sign audit reports.
If an EEA country does not recognise your UK qualification, you may need to take a new aptitude test, (tests taken before the day the UK leaves the EU may not continue to be recognised), complete a new adaptation period, re-qualify for a recognised qualification.

You may not be able to sign an audit report for an EEA company after the day the UK leaves the EU and will need to check with the competent authority in the relevant country the status of your qualification and any steps that you may need to take.

Banks, building societies, insurers and issuers of securities that trade on UK regulated markets will be treated as public interest entities and must follow the EU Audit Regulation after the UK leaves the EU.

Your business will no longer be treated as a public interest entity in the UK if it only issues securities that are admitted to trade on EEA regulated markets.

You do not need to do anything if you audit a group of companies across the EEA and the UK if your parent company is based in the UK but you will need to check with the competent authority in the country where your subsidiary is incorporated if there are any restrictions - for example, sharing information outside the EEA.

Check with the Financial Conduct Authority (FCA) for rules relating to disclosure and transparency rules on audit committees.
After 31 December 2020, you can continue to include EEA audit firms if they’re both based in the Republic of Ireland, registered with a UK Recognised Supervisory Body

Aviation security for cargo if there’s no Brexit deal

To minimise disruption to air cargo networks for cargo from the EU to the UK, the UK intends to recognise EU cargo security rules immediately in the event of a no-deal Brexit and airlines flying from airports in the EU, Switzerland, Norway, Iceland and Liechtenstein will be able to fly cargo to the UK in the same way as they do now.

Likewise, the EU intends to recognise the UK cargo security regime allowing cargo to continue to fly into the EU and cargo will be able to fly from the UK to the EU, Switzerland, Norway, Iceland and Liechtenstein without a security designation - in the same way as it does now.

Airlines from the rest of the world must have a special security designation to fly cargo into the EU and the UK as part of the ACC3 programme.

As the UK will no longer be part of the ACC3 programme if it leaves the EU without a deal, a UK only inbound cargo scheme mirroring the EU scheme will be set up to make sure security standards are not affected with existing aviation security regulations and procedures being incorporated into UK law.

The EU intends to recognise the UK aviation security regime and include the UK in its One Stop Security system so that cargo screened in the UK will not have to undergo additional security checks on arrival in the EU.

Prepare to work and operate in the European aviation sector after Brexit

Aerospace businesses, airlines and aviation personnel may need new or changed certification, licences and documentation to design, produce, maintain and operate aircraft between the UK and the EU, Switzerland, Norway, Iceland and Liechtenstein.
When the UK leaves the EU, the UK Civil Aviation Authority (CAA) will take over many functions currently performed by the European Aviation Safety Agency (EASA) in relation to aviation safety approvals and certifications.
Personnel working in the aviation industry may need to take action to ensure they continue to hold appropriate safety certificates in a no-deal Brexit. This applies to the operation of aircraft registered in any EASA member state. Actions required would depend on individual circumstances. See the full notice for possible actions.
Holders of airline operating licences and air operator’s certificates (AOC) would need to take action to ensure they can continue to operate in and out of the UK and the EU. Actions required would depend on individual circumstances – see the full notice.
Aerospace design, production and maintenance organisations might need to take action to ensure they continue to hold appropriate safety certificates. Actions required would depend on individual circumstances – see the full notice.
The certificates issued to airports by the CAA would remain valid if the UK leaves the EU without a deal. airports

How Marketing Authorisation Applications referred to under Article 29 will be handled after Brexit

Background
Article 29 referrals are triggered when a consensus cannot be reached between Member States on the outcome for a Marketing Authorisation Application (MAA) which has been evaluated in a mutual-recognition procedure (MRP) or decentralised procedure (DCP), on the grounds of a potential serious risk(s) to public health (PSRPH).

For MAAs that have been referred under Article 29, where either a positive or negative opinion has been taken at the Coordination Group for Mutual Recognition and Decentralised Procedures - Human (CMDh) or the Committee for Medicinal Products for Human Use (CHMP) but no decision issued by the time the UK leaves the EU, the MHRA will either grant or refuse the application with regard to the relevant committee decision.

For all pending MAAs submitted in the UK, either as Reference Member State (RMS) or Concerned Member State (CMS), that have been referred under Article 29 before the UK leaves the EU but no opinion has been reached by CMDh or CHMP, the MHRA will complete the assessment as a national procedure.

Prepare to use the UKCA mark after Brexit

The UKCA (UK Conformity Assessed) marking is a new UK product marking that will be used for certain goods being placed on the UK market if there’s a no-deal Brexit.
In the majority of cases you will still be able to use the CE marking if you are selling goods on the UK market after the UK leaves the EU, however, the CE marking will only be accepted in the UK for a limited time after Brexit and
the government will consult and give businesses notice before this period ends.
In some cases you will need to apply the new UKCA marking to goods being sold in the UK immediately after Brexit – see the full notice.
There is separate guidance for construction products, medical devices and rail interoperability.

The UKCA marking will not be recognised on the EU market, and products currently requiring a CE marking will still need a CE marking for sale in the EU.
You will need to apply the new UKCA marking to your product if all of the following apply, is for the UK market, requires mandatory third-party conformity assessment, conformity assessment has been carried out by a UK conformity assessment body (a UK based notified body, recognised third party organisations or user inspectorate - referred to collectively as UK notified bodies)
See the full notice about how to use the UKCA marking

You, or your authorised representative (where allowed for in the relevant legislation), must keep documentation (for up to 10 years after the product is placed on the market) to demonstrate that your product conforms with the regulatory requirements
The UK Declaration of Conformity is a document which must be drawn up for most products lawfully bearing a UKCA marking
After a time-limited period, only the UKCA marking will be recognised for the UK market, with businesses being given notice before ceasing to recognise the CE marking. However, a product bearing the CE marking would still be valid for sale in the UK so long as it was also UKCA marked and complied with the relevant UK rules.

How telecoms businesses will be impacted if there’s a no-deal Brexit

If there’s no Brexit deal, parts of the UK electronic communications regulatory framework would no longer be appropriate without corrections, for example the requirement to notify matters to the European Commission.

To ensure that the telecoms regulatory framework remains operable if there is no Brexit deal, secondary legislation under the EU Withdrawal Act 2018, was made in February 2019, to bring corrections into force on Exit day.

The Government would be minded to implement, where appropriate, its substantive provisions in UK law in regard to the (European Electronic Communications Code (EECC),
If there’s no Brexit deal, significant impacts on how businesses operate under the telecoms regulatory framework and how consumers of telecoms services are protected are not anticipated.
Ofcom would continue to be founded on the regulatory principles implemented presently in UK law, which aim to encourage competitive markets and guarantee consumer rights.
UK telecom operators will continue to be able to provide cross-border telecoms services and operate within the EU, under the World Trade Organisation’s General Agreement on Trade in Services (GATS).

Nuclear research after Brexit

The UK will leave the European Atomic Energy Community (Euratom) and will no longer be a member of the Euratom Research and Training programme, a member of Fusion for Energy, able to work through the EU on the International Thermonuclear Experimental Reactor (ITER) project
The government will guarantee funding for eligible successful bids for Euratom Research and Training programme that are submitted before the end of 2020.
We will work with the European Commission to make sure you can continue to participate in awards where you’ve successfully bid directly to the European Commission on a competitive basis.
The UK will not be a member of Fusion for Energy after Brexit and you will not be able to bid for International Thermonuclear Experimental Reactor (ITER) contracts through Fusion for Energy.
The government will guarantee funding until the end of 2020 for UK participation in the Joint European Torus (JET)

Organisations, businesses and individuals in the creative, cultural, and sports sectors – what to expect on day one of a no-deal Brexit

Post Brexit the UK will be considered a third country for customs purposes in the EU, and you will have to make import and export declarations.
You need to consider if you need or wish to take any action if you’re taking your sports team, performing arts group or production, exhibition, or creative samples to the EU temporarily, because everybody moving goods across borders is subject to customs procedures.
You can read about trading with the EU in a no-deal Brexit for guidance for importers and exporters of goods. It applies to everyone who will be moving objects in and out of the UK to the EU – even if the movement is for non-commercial purposes, or if the movement is temporary.
The guidance will apply if you’re a small arts organisation, creative business or sports organisation that currently travels only to the EU – see the full notice for a more detailed list along with questions to consider before the trip and actions you can take now.
If you are returning to the UK with objects that you took with you from the UK and that remain unchanged, you should consider whether you can claim ‘returned goods relief’. This means that you do not have to pay tax on the value of these goods when returning them into the UK.

Placing manufactured goods on the EU market after Brexit

If placing manufactured goods on the EU market after Brexit you will need to take action now to check which conformity process you need to follow, whether you will need to appoint an authorised representative or responsible person in the UK, whether your legal responsibilities will be changing
If you have already placed your goods on the market in an EU country (other than the UK) before Brexit, you do not need to do anything.
The sectors for which special rules apply are listed in the full notice which also identifies where you do not need to take action.
The resuts of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised by the EU after Brexit. This is the case even if the assessment was carried out before the UK leaves the EU, unless the product has already been placed on the market in an EU country.
If you are placing a good on the market that needs third-party assessment you will need to use an EU-recognised conformity assessment body – see the full notice.
UK-based authorised representatives and responsible persons will no longer be recognised by the EU after Brexit. This is the case even if the good was placed on the market before Brexit day.
You will need to appoint an authorised representative or responsible person based in the EU or EEA.
If you are a UK based manufacturer, your legal obligations will remain largely unchanged after the UK leaves the EU.
If you export products from the UK to the EU or EEA, your EU-based distributor will become an importer after the UK leaves the EU. You or your importer will need to make sure you understand your legal obligations – see the full notice.
For some manufactured goods, such as furniture and bicycles, there is no EU wide product specific legislation. These goods can be regulated at national level and are known as ‘non-harmonised goods’ and can in some cases circulate freely around the EU/EEA under the ‘mutual recognition principle.’
If you export non-harmonised manufactured goods to the EU/EEA, you will need to make sure they meet the requirements of the first EU or EEA country in which you are placing them on the market
The European Commission has also produced guidance on placing manufactured goods on the EU market – see the full notice for further details.

Reference Medicinal Products (RMPs) after Brexit

After Brexit there will be changes to the legislation of reference medicinal products used to support abridged marketing authorisation applications - reference medicinal products for new generic medicines or other abridged marketing authorisation applications submitted after exit day will be required to comply with regulation 48 of the Human Medicines Regulations 2012, as amended by the Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 – see the full notice.
Data and market exclusivity period entitlements for reference medicinal products approved before the date of UK exit from the EU will continue to apply in the UK.
Authorisations based on a ‘European Reference Medicinal Product’ that have been granted, and applications that have been submitted to MHRA prior to exit day, will continue to be valid.
Where a comparator product used in bioequivalence and therapeutic equivalence studies is not sourced from the UK market, the applicant should provide evidence that it is representative of the reference medicinal product.

Public-sector procurement after a no-deal Brexit

If the UK leaves the EU without a deal, the public procurement regulations will remain broadly unchanged after Brexit.
In March 2019 the Minister for the Cabinet Office made a Statutory Instrument (SI) which will amend the procurement regulations to ensure that they continue to operate effectively after exit day. The SI will come into force on exit day
For the most part the legal framework for public procurement and, in particular, the different procedures available to contracting authorities and entities will remain exactly the same, but one key difference for contracting authorities will be the need to send notices to a new UK e-notification service instead of the EU Publications Office.
Contracting authorities have a legal obligation to publish public procurement notices. In a no deal scenario, contracting authorities may no longer have access to the EU Publications Office and the online supplement to the Official Journal of the EU (OJEU) dedicated to European public procurement (i.e. Tenders Electronic Daily (TED)). Therefore, the government has amended current legislation to instead require UK contracting authorities to publish public procurement notices to a new UK e-notification service. The new service is called Find a Tender (FTS).
Contracting authorities which are currently working with a third-party provider (for example, an ‘e-Sender’) to submit notices to OJEU/TED should be able to continue to use them provided that the e-Sender successfully completes integration work to post notices to Find a Tender.
See the full notice for the e-Senders that have completed this work and are either already parallel publishing or have told Cabinet Office that they will be ready to switch over on exit.
Those contracting authorities which submit their notices direct to the OJEU/TED will need to register with Find a Tender.
Suppliers wishing to access public sector contract opportunities will need to access the new UK e-notification service, Find a Tender, instead of OJEU/TED.

Structuring your business if there’s a no-deal Brexit

Get a UK Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you.

Decide if you want to hire an import-export agent, or make the declarations yourself.

If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
After the UK leaves the EU, businesses can continue to place their goods on the UK market bearing the CE marking for a time-limited period and government will give businesses plenty of notice as to when this will end.
You will be able to continue placing goods on the EU market if specific criteria is met – see the full notice
If you use or import chemicals then you will need to check whether you have new obligations under UK REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.

The consumer goods sector and preparing for Brexit

Get a UK (Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you, and decide if you want to hire an import-export agent, or make the declarations yourself.

If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
When the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime. This would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken - under the temporary tariff regime the majority of UK imports would be tariff-free.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021.
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status. This will mean they can continue to live, work and study in the UK.

From 1 January 2021, a new skills-based immigration system will launch.

After the UK leaves the EU the results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised in the EU meaning that you must get your products assessed and marked by an EU recognised conformity assessment body if you want to sell them in the EU – see the full notice.
If you use or import chemicals then you will need to check whether you have new obligations under UK REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).

VAT for businesses in a no-deal Brexit

 

The www.gov.uk web site shows the following links relating to VAT:
• Get your business ready to import from the EU
• Account for import VAT
• Pay VAT on parcels that you send to UK buyers
• Get your business ready to export from the UK
• Report your EU sales for VAT
• Pay VAT when you sell digital services to EU customers
• Claim EU refunds from EU countries after Brexit
• Trade of move goods between Northern Ireland and Ireland

You will need an Economic Operator Registration and Identification (EORI) number from HMRC starting with GB to continue to move goods in or out of the EU (including the UK) – without an EORI number additional costs and delays may be incurred if for example HMRC cannot clear your goods.

If you already have an EORI number starting with GB you can continue to use it.

If your business is registered for VAT in the UK you will be able to account for import VAT on your VAT Return meaning that you will pay import VAT on your VAT Return instead of when the good arrive at the UK border.

If you are not VAT registered in the UK you will not be able to account for import VAT in this way and will need to pay import VAT at the time the goods are imported.

If you import goods for use in your business and the seller sends them as a parcel in the post, you will not be able to account for import VAT on your VAT Return if the goods are worth £135 or less.

Businesses that sell digital services to consumers in the EU will no longer be able to use the UK’s Mini One Stop Shop (MOSS) services to declare sales and pay VAT due in EU member states – the final return period ending 31st December 2019. For sales made after Brexit you will need to register for either VAT MOSS in any EU member state or VAT in each EU member state where you sell digital services to consumers.

Vehicle type-approval if there’s no Brexit deal

Manufacturers will need to make sure they have the correct type-approval for each market - the EU and the UK as type-approvals issued in the UK will no longer be valid for sales or registrations on the EU market and European Community type-approvals (EC type-approvals) issued in the UK will no longer be valid for sales or registrations on the EU market.
The UK will continue to recognise United Nations Economic Commission for Europe (UN-ECE) approvals for systems and components and the EU will continue to recognise UN-ECE approvals issued by the UK.
Vehicle manufacturers will need a provisional UK type-approval before placing their products on the UK market and EC type-approvals will no longer be valid for this purpose, unless the vehicle was in the UK immediately before the UK leaves the EU.
The government envisages extending the UK approval process to component, trailer and non-road mobile machinery manufacturers with a valid EC type-approval at a later date.
UK and EU technical standards will be aligned when the UK leaves the EU – see the full notice for further details.
Manufacturers will need a UK type-approval if they intend to place new vehicle models onto the UK market after the UK leaves the EU and manufacturers must follow the requirements of the UK type-approval scheme if they intend to get a UK approval on the basis of their EC type-approval.
UK vehicle and component manufacturers doing business with the EEA or Switzerland should consider if they need to take steps to continue their business after the UK leaves the EU.

The electricity sector and preparing for Brexit

If the UK leaves the EU without a deal, cross-border flows across electricity interconnectors will no longer be governed by EU legislation and alternative trading arrangements will need to be developed and market participants will need to make use of the alternative arrangements developed for purchase and sale of power cross-border.
UK market participants will need to register under the Regulation on Energy Market Integrity and Transparency (REMIT) with an EU regulatory authority for the purposes of market monitoring to avoid a disruption to cross-border trade or trade within EU wholesale energy markets, or trade within the SEM that Northern Ireland shares with Ireland, but the majority of the existing REMIT regime will be maintained domestically with minimal changes.
The government will take all possible measures to maintain the SEM and continue to work with the Irish government and European Commission to seek agreement that the SEM will continue, but market participants should check the status of contracts and licences to operate in EU countries which may be impacted by EU member state domestic market access restrictions, to ensure they are still eligible to undertake their committed activities.
If the UK leaves the EU without a deal, current participants in the EU Emissions Trading Scheme (EU ETS) who are operators of UK installations will no longer take part in the system and in this scenario, participants will no longer need to surrender EU ETS allowances from 1 January 2019 onwards.
However, to retain as much continuity as possible, all operators currently participating in the EU ETS should continue to comply with the regulations for the monitoring, reporting and verification of greenhouse gases.
Accounts administered by the UK in the EU ETS allowance registry and Kyoto Protocol registry will be blocked from the point of the UK leaving the EU so operators wishing to retain access to their allowances after the withdrawal date should consider opening an account in another member state’s registry for this purpose,
Get a UK Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you and decide if you want to hire an import-export agent, or make the declarations yourself.
If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
When the UK leaves the EU the way you access existing favourable arrangements with these countries may change and changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime which would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken. Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive industries – see the full notice.

If you use or import chemicals then you will need to check whether you have new obligations under UK REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.
Your business will need to make sure it follows data protection law if the UK leaves the EU without a deal.

The electronics, machinery and parts sector and preparing for Brexit

1. Get a UK Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you and decide if you want to hire an import-export agent, or make the declarations yourself.


2. If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made

You will need a new export licence if you are exporting dual-use items from the UK to the EU or the Channel Islands – register on SPIRE and this new export licence will remove the need for you to apply for individual licences. You can use it immediately after the UK leaves the EU.
Check the way you currently trade with non-EU countries as when the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime which would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken. Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive industries – see the full notice.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.
Your business will need to make sure it follows data protection law if the UK leaves the EU without a deal.
After the UK leaves the EU the results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised in the EU which means that you must get your products assessed and marked by an EU recognised conformity assessment body if you want to sell them in the EU.
If you use or import chemicals then you will need to check whether you have new obligations under UK REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation)

The life-sciences sector and preparing for Brexit

If the UK leaves the EU without a deal, the UK’s involvement in the European regulatory network will end. The Medicines and Healthcare products Regulatory Agency (MHRA) will take on the EU’s current regulatory functions for medicines and devices in the UK.
To place a medicine on the EU market, the Market Authorisation Holders (MAHs) and applicants must be established in the EU/EEA. The Qualified Person for Pharmacovigilance (QPPV) and the Pharmacovigilance System Master File must be based in the EU/EEA.
Where required by EU law, devices should be CE marked, the technical files held by an EU Notified body, and an authorised representative appointed in the EU.
After the UK leaves the EU, conformity assessment carried out by UK notified bodies, designated by the UK Competent Authority, will not be recognised
The full notice provides more information, specifically further information on the regulation of medicines, medical devices and clinical trials if there’s no Brexit deal.
Devices for the UK market must be CE marked in compliance with EU law by either an EU notified body or a UK Conformity Assessment body (for devices CE marked before we leave the EU) and any changes to this in the future will be subject to consultation with industry and your business will be given time to implement any new requirements
The UK will continue to recognise existing clinical trial authorisations – for regulatory and ethics approvals – and your business will not need to re-apply. The MHRA and ethics committees will continue to authorise UK clinical trial authorisation applications – see .the guidance on How medicines, medical devices and clinical trials would be regulated if there’s no Brexit deal for more information on manufacturing human medicines in the UK and EU.
To ensure there will be a continual supply of medicines, the UK will continue to accept batch testing of human medicines carried out in countries named on a list set out by the MHRA and on exit day, this list would include EU countries, other EEA countries and those third countries with which the EU has an MRA.

See the batch testing medicines if there’s no Brexit deal to find out more about manufacturing human medicines in the UK and EU.
The UK will continue to recognise Qualified Person (QP) certification from the EU/EEA after the UK leaves the EU, for medicines manufactured in the EU/EEA or manufactured in a third country but imported into the UK from the EU/EEA.
Get a UK Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you and decide if you want to hire an import-export agent, or make the declarations yourself.

If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
Check the way you currently trade with non-EU countries as when the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime which would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken. Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive industries – see the full notice.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.
Your business will need to make sure it follows data protection law if the UK leaves the EU without a deal.
After the UK leaves the EU the results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised in the EU which means that you must get your products assessed and marked by an EU recognised conformity assessment body if you want to sell them in the EU.

The professional and business services sector and preparing for Brexit

If the UK leaves the EU without a deal, the UK will no longer operate under the European Economic Area (EEA) regulations for the cross-border trade in services meaning that the rights and protections provided by the EU Directives and EU Treaty rights of Freedom of Movement and Freedom of Establishment will no longer apply to the UK.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.

.
Your business will need to make sure it follows data protection law if the UK leaves the EU without a deal.
If your business operates in the EU you may want to seek professional advice or contact the government of the country in which you operate for more information.

If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime which would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken. Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive industries – see the full notice.

The retail sector and preparing for Brexit

Get a UK Economic Operator Registration and Identification (EORI) number starting with GB so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you and decide if you want to hire an import-export agent, or make the declarations yourself.

If the UK leaves the EU without a deal, goods moving between Ireland and Northern Ireland will face different procedures compared to other UK-EU trade. This approach will apply until longer-term arrangements are made
When the UK leaves the EU the way you access existing favourable arrangements with these countries may change and changes may be different for each country.
If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime which would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken. Under the temporary tariff regime the majority of UK imports would be tariff-free.
In certain sectors, tariffs would be maintained to support the most sensitive industries – see the full notice.
After the UK leaves the EU the results of conformity assessment carried out by UK conformity assessment bodies will no longer be recognised in the EU which means that you must get your products assessed and marked by an EU recognised conformity assessment body if you want to sell them in the EU – see the full notice.
You will still be able to use CE marking based on self-declaration of conformity, including when exporting to the EU.
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.
Your business will need to make sure it follows data protection law if the UK leaves the EU on without a deal.

The science, research and innovation sector and preparing for Brexit

The government has committed to underwrite funding for Horizon 2020 projects submitted while we are still a member of the EU.
If you are a UK organisation receiving Horizon 2020 funding you need to register your details (Horizon 2020) to ensure that Horizon 2020 has initial information about you and your project to underwrite guarantee payments if needed, you can be kept you updated about what you need to do next. (UK Research and Innovation (UKRI) will manage the information you provide and update you as the process develops).
You should continue to carry out the same right to work checks on all EU/EEA and Swiss citizens, by using their passport or national identity card, until January 2021 and you will not need to distinguish between EU/EEA and Swiss citizens who were resident in the UK before or after the UK leaves the EU
If the UK leaves the EU without a deal, EU/EEA and Swiss citizens who are resident in the UK before the UK leaves the EU will be able to apply to the EU Settlement Scheme to get settled or pre-settled status meaning they can continue to live, work and study in the UK.

If the UK leaves the EU without a deal, EU, EEA and Swiss citizens arriving in the UK from Exit Day to 31 December 2020 can continue to come to the UK, to live, work and study without applying for a visa in advance.
After free movement ends, if they want to stay for longer than 3 months, they can read the guidance on staying in the UK to find out what they’ll need to do.
Irish citizens can continue to live, work and study in the UK, just as before.
From 1 January 2021, a new skills-based immigration system will launch.

 

 

 

Money and tax

Banking, insurance and other financial services if no deal

Banking systems will change as the UK loses access to TARGET2 and the Single Euro Payments Area (SEPA). There may be changes in the time it takes to transact in Euros.

Credit card charges between the UK and EU may increase as the UK will not fall under the EU surcharge ban.

EEA firms may operate under a ‘passporting’ system which will extend for 3 years after exiting the EU.

Consumers are protected under UK’s Financial Services Compensation Scheme (FSCS) for some EEA products.  How this protection will work after Brexit is under consultation.

EEA clients may not be able to access the services of UK investment banks.

The Bank of England has published a document setting out its approach to financial services legislation under the European Union (Withdrawal) Act 2018.

The FCA has published information about the Temporary Permissions Regime, including what action firms should take now.

The PRA has published information about the Temporary Permissions and Temporary Recognition Regimes, including what action firms or FMIs should take now.

Banking, insurance and other financial services if there’s no Brexit deal

 

VAT for business if no deal

The government will introduce postponed accounting for import VAT on goods brought into the UK.

For parcels valued up to and including £135, a technology-based solution will allow VAT to be collected from the overseas business selling the goods into the UK.

Distance selling arrangements will no longer apply to UK businesses and UK businesses will be able to zero rate sales of goods to EU consumers.

Where businesses are selling their goods in a EU country, UK businesses will continue to be required to register for VAT in the EU member states where sales are made in order to account for the VAT due in those countries

For provision of services, the main VAT ‘place of supply’ rules will remain the same for UK businesses.

Businesses that sell digital services to consumers in the EU will nolonger have access to the MOSS system but will be able to register for the ‘MOSS (Mini One Stop Shop) non-union scheme only after the UK exit date.

UK business will no longer have access to the EU VAT refund system. UK businesses will continue to be able to claim refunds of VAT from EU member states by using the existing processes for non-EU businesses.

UK businesses will be able to continue to use the EU VAT number validation service to check the validity of EU business VAT registration numbers. UK VAT registration numbers will no longer be part of this service. An alternate UK system for UK VAT number validation will be developed.

VAT for businesses if there's no Brexit deal

Banking, insurance and other financial services if there’s no Brexit deal: for people living in the EEA

It is anticipated that the majority of people will see limited, or no difference after the UK leaves the EU and will be able to use and rely on their bank accounts etc. whether provided by a UK-based firm, Europe, or elsewhere in the world.

For UK citizens living in the EU, Norway, Liechtenstein or Iceland, many UK financial services firms are taking steps to ensure they will continue to be able to serve their customers after Brexit
Some EU countries have also announced that they are also taking steps to ensure that UK financial services firms will be able to serve their existing customers following Brexit.

Although the cost and time may increase, and subject to arrangements made by individual providers, it will still be possible to make Euro payments and transfers (receipt or payment) electronically.

It will still be possible to use UK issued debit and credit cards to pay merchants in the EEA, although a surcharge may apply.

Information for financial institutions if there’s a no deal Brexit:
Firms based in the UK will lose access to the EU ‘Passport’ which gives firms authorised in their home state the right to conduct business in the EEA based on their home state authorisations.

 

Brexit implications for British Overseas Territories funding

The full notice provides an overview of how the UK government’s guarantee for EU-funded programmes applies to the British Overseas Territories, if the UK leaves the EU without a deal.
It covers all British Overseas Territories governments and organisations that are eligible to bid for the following EU funding programmes:
European Development Fund (EDF)
Horizon 2020
Erasmus+: registering to claim funding
Voluntary Scheme for Biodiversity and Ecosystem Services in EU Outermost Regions and Overseas Countries and Territories (BEST)


For Gibraltar, it also covers:
EU Structural Funds, specifically the European Regional Development Fund (ERDF)
the European Social Fund (ESF)
European Territorial Cooperation programmes


Read this guidance in conjunction with the guidance on individual funding programmes.
Under the Withdrawal Agreement negotiated with the EU, the UK will continue to participate in all EU programmes including the EDF for the rest of the 2014 to 2020 Multiannual Financial Framework.

If there’s no deal, and without further action, the UK will leave the EU Budget, meaning governments and other organisations in our Overseas Territories could lose future funding for existing projects under EU programmes.

However, the Chancellor announced that the UK government will guarantee funding for specific EU projects. This will provide certainty for British Overseas Territories governments and participating organisations over the course of Brexit – see the notice for specific details and/or contact the Foreign & Commonwealth Office.

Note: The notice is for guidance only, and is part of the government’s ongoing planning for all Brexit possible outcomes, therefore consider whether you need separate professional advice before making specific preparations.

Delivering overseas aid programmes if there’s no Brexit deal

The EU has stated that it intends to terminate funding to some on-going programmes delivered by UK Civil Society Organisations (CSOs) if the UK leaves without a deal. Private contractors will remain unaffected. The termination will affect all development and humanitarian programming, apart from European Development Fund and Development Cooperation Instrument funding delivered in Least Developed Countries and Highly Indebted Poor Countries as our membership of the OECD means UK organisations will remain eligible for these funds.

If funding is terminated, the government has committed to fill the gap in any relevant Official Development Assistance (ODA) eligible programme. This commitment applies only to applications made up until the last day of the UK’s membership of the EU. The UK government will not reimburse any programme activity that was undertaken prior to this date.

This commitment is subject to the below principles and will apply only in a no deal scenario when the EU terminates funding based on their assessment that the UK organisation is no longer eligible to receive funding.

See the full notice for details relating to financial assurance.

Connecting Europe Facility energy funding if there’s a no-deal Brexit

The Department for Business, Energy and Industrial Strategy (BEIS) is engaging with all relevant businesses, and no immediate actions are required.

The government guarantee means that, if there’s a no-deal Brexit, UK organisations benefiting from CEF energy grant awards will be able to continue their projects in the knowledge they are covered under the government underwrite guarantee if the Commission / INEA does not honour the award. The PCI streamlined permitting process will also continue for a limited period if the project promoter has already had its application accepted by the relevant UK planning authority.

In a ‘no deal’ scenario, the government underwrite guarantee for funding programmes extends to the CEF programme. This means that UK organisations, which are in receipt of a CEF energy grant award, or that have been informed before exit day that their application has been successful, are covered by the government guarantee if the Commission / INEA does not honour the award in full.

Brexit implications for further education and apprenticeship providers 

Let staff, students or apprentices (or parents and carers of students and apprentices if appropriate) who are from the EU, Norway, Iceland, Liechtenstein or Switzerland know that they’ll need to apply to the EU Settlement Scheme to continue living in the UK after 2020. If there’s a no-deal Brexit, the deadline for applying will be 31 December 2020 – there is guidance to help you support people with their applications.
Irish citizens’ right to live in the UK will not change after Brexit. This means they do not need to apply for the EU Settlement Scheme.
Let staff, students or apprentices (or parents and carers of students and apprentices if appropriate) know that they can apply (by 31 December 2020)for European temporary leave to remain if they:
• are from are from the EU, Norway, Iceland, Liechtenstein or Switzerland
• arrive in the UK after a no-deal Brexit and before 1 January 2021

You will need to continue to check job applicants’ right to work after Brexit and you can also check whether someone has settled or pre-settled status if you need to.

You will need to carry out the same recruitment checks for staff who have lived or worked in the EU, Norway, Iceland and Liechtenstein as you would for an applicant from the rest of the world. This is because EU countries, Norway, Iceland and Liechtenstein will no longer be required to automatically share details of sanctions or restrictions on teachers.

Eligibility for places and funding: 2019 to 2020 and 2020 to 2021 academic years for adults aged 19 and over, eligibility to apply for apprenticeships or get funding for further education in England will not change for:

• citizens from the EU, Switzerland, Norway, Iceland and Liechtenstein who qualify for the EU Settlement Scheme
• Irish citizens
Citizens from the EU, Switzerland, Norway, Iceland and Liechtenstein will also be able to:
• get further education support for the whole of their further education courses in England
• start or continue apprenticeships in England as long as they meet the eligibility requirements
• access Advanced Learner Loans

Access to further education and apprenticeships will not change for Irish citizens.

For 16 to 19 years olds eligibility for funding will not change after Brexit.UK nationals returning from living or studying in the EU, Switzerland, Norway, Iceland or Liechtenstein will be eligible for further 19+ education and to apply for apprenticeships for a 7-year period. The 7-year period will begin:
• immediately after a no-deal Brexit
• at the end of the implementation period if there’s a deal
Further education and apprenticeships are devolved in Scotland, Wales and Northern Ireland. Contact your student funding body or education provider for more information.
Contact your food suppliers before Brexit to make sure they are planning for the potential impacts of a no-deal Brexit and continue to manage allergens when you change menus or substitute ingredients by making sure caterers are aware of students with allergies and their specific needs
All ESF programmes will be fully funded until July 2021 and continue delivering any Erasmus+ or European Solidarity Corps (ESC) projects that are already contracted.
If you’re arranging trips to the EU you’ll need to check: travel advice for the country you’re going to, access to healthcare and what equipment you are allowed to take.

EU funding after Brexit


UK organisations might no longer receive funding from EU programmes if the UK leaves the EU without a deal.
The government has guaranteed that organisations will continue to receive funding for certain EU programmes if this happens. The guarantee does not cover funding distributed by UK organisations to partners and participants in other countries but does apply to organisations in British Overseas Territories. There’s a separate funding guarantee for organisations delivering overseas aid.
Check whether your funding will be covered by the government guarantee. Depending on which EU programme you receive funding from or have applied to, you should register so that the government department responsible for your programme can contact you or email the government department if they have not contacted you already - or the devolved administration if you’re in Scotland, Wales or Northern Ireland or read guidance about how the guarantee affects your programme contained within the full notice under the headings:
• EU programme
• What you should do (with links and email addresses)

 

Funding for UK LIFE projects if there’s a no-deal Brexit

Currently, UK organisations submit bids directly to the LIFE fund on a competitive basis for a variety of projects focused on environmental and climate action. Projects usually last between 3 and 5 years, with funding paid by the European Commission in stages throughout the project. Project payments are currently made directly from the Commission to the organisation leading the project, with no involvement by the UK government. On average, five UK-led projects are awarded LIFE funding each year.

In a negotiated scenario, UK-based organisations will be able to continue to participate in the LIFE programme until the end of 2020 as they do now, and successful projects agreed within this timeframe will be fully funded by the European Commission until they finish. The UK government is considering how environmental projects can be best supported in future when the UK is no longer part of the European Union.

If UK leaves the EU with no deal in place, the UK government has guaranteed to fund the following:
• LIFE project bids submitted by UK organisations and approved by the European Commission while the UK is still a member of the EU
• LIFE funding due to UK organisations acting as partners in projects led by other member states - this covers ongoing projects, and those awarded funding before the end of 2020

This means that, if required, the UK government would take over any remaining payments due to UK organisations involved in LIFE projects after exit day, ensuring an uninterrupted flow of funding to these projects until they finish.
Payments due to be made to project leads after exit day may no longer come from the European Commission, and so would need to be made by the UK government via the Department for Environment, Food and Rural Affairs (Defra) and the relevant devolved administrations.

The guarantee does not cover funding for organisations from countries in consortia with UK participants – only the funding for UK participants is in scope.
The UK government is aware of some cases where UK participants lead a consortium and are responsible for distributing funding to the other participants. The UK government is still working with the European Commission to decide how to deal with this in a no-deal scenario

Horizon 2020 funding after Brexit

The government has committed to guarantee funding for all successful competitive UK bids to Horizon 2020 that are submitted before we leave the EU, if there’s a no-deal Brexit.
The guarantee also covers all successful competitive UK bids to Horizon 2020 calls open to third-country participation submitted between Brexit and the end of 2020. Both the guarantee and extension commit funding to UK Horizon 2020 participants for the lifetime of projects.
Current UK recipients of Horizon 2020 funding need to provide initial information about their projects on the UKRI portal.
UK applicants to mono-beneficiary European Research Council (ERC), Marie Sklodowska-Curie Actions (MSCA) and European Innovation Council (EIC) Accelerator grants (formerly known s SMEi) should wait for the Commission’s response. If there’s a no-deal Brexit and your proposal is evaluated as successful by the Commission, your project will be covered by the government’s funding guarantee.

Personal data and consumer rights

ICO (Information Commission) has issued guidelines if no deal

Currently under GDPR where organisations are only permitted to transfer personal data outside the EU if there is a legal basis for doing so. Transfers of personal data within the EU are not restricted.

After exit, GDPR would be written into UK legislation but business would continue to be able to send personal data from the UK to the EU and EU into the UK if an ‘adequacy decision’ is taken by the EU that the UK data standards are equivalent to those adopted in the EU.  But this adequacy decision may not be made in time for exit date.

The impact will be there are legal issue with data transfer after the exit date when there may be a gap in legal provision.

ICO (Information Commission) to issue guidelines if no deal.

Data protection if there’s no Brexit deal this should be read in conjunction with ICO 6 step guide and the ICO data protection and Brexit guide

Geo-blocking of online content if no deal

Geo-blocking is technology that restricts access to Internet content based upon the user's geographical location.

If no deal, the UK version of Geo-blocking regulations will be repealed.

But UK businesses that want to trade in the EU must comply with the EU Geo-blocking regulation, so not discriminating against customers in the EU – ie French & German customers need to be treated the same.

Geo-blocking of online content if there’s no Brexit deal

Consumer rights if no deal

No immediate change but businesses to review changes to EU consumer legislation. Disputes currently comes under Alternative Dispute Resolution platform.  UK will not have access to this platform but UK looking to replicate something similar. Businesses need to remove reference to the resolution platform from their websites.

Protection when purchasing travel packages from EU companies no longer in place.

Secretary of State taking responsibility for new textile name or manufacturing tolerance.

UK business now responsible for the labelling for EU imported footwear.

Consumer rights if there's no Brexit deal

 

Protecting the environment

Industrial emissions standards if no deal

Industrial Emissions Directive (IED) & Best Available Techniques (BAT) frameworks will be written into UK law but a second layer of legislation transferring regulation out of EU into UK bodies.

Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal

Environmental standards ‘green Brexit’ if no deal

Transfer of environmental legislation into UK law with first UK environmental bill passed in 2018 to set out a 25 year plan.

A new body to be created to regulate environmental issues in England.

Upholding environmental standards if there’s no Brexit deal

 

Trading in Ozone depleting gases if no deal

Currently there is cap (quota) on the amount of ozone depleting gases a business can trade or use, regulated by the Environment Agency in England and HMRC on border control.

Similar standards would be applied but the UK would set its own quota system, regulated by the Environment Agency, with a change in IT reporting system.

Businesses importing or exporting ozone depleting gases will need to apply for a quota

The target of a 79% reduction of fluorinated gases (greenhouse gases) against 2012 usage will remain in place

Using and trading in fluorinated gases and ozone depleting substances if there’s no Brexit deal

 

Travelling between the UK and the EU

Mobile phone roaming charges if no deal

After exit, roaming charges in EU no longer regulated so surcharge free roaming no guaranteed, but a £45 per monthly bill to be imposed & data alerts.

The impact is a possible rise in communications costs for staff using mobiles in EU & possible issues around Northern Ireland/ Southern Ireland border

Mobile roaming if there’s no Brexit deal

 

Workplace rights

Workplace rights if no deal

The EU (Withdrawal) Act 2018 brings across the powers from EU Directives. This means that workers in the UK will continue to be entitled to the rights they have under UK law, covering those aspects which come from EU law

There will be some changes around employee claims when their EU based employer becomes insolvent. UK and EU employees that work outside the UK in an EU country for a UK employer may still be protected under the national guarantee fund established in that country. 

European Works Councils creations will also be effected.

Additional notices are available at:

 

Living in country guides

Advice for UK nationals living abroad, including residency, health and benefits, with specific advice for those affected countries as the UK leaves the EU.

See the full notice for the compete alphabetical list of countries.

Moving to the UK after Brexit: EU citizens and their families

European temporary leave to remain (Euro TLR) is a temporary UK immigration status that will allow EU, EEA and Swiss citizens who move to the UK after Brexit to continue living, working and studying in the UK after 31 December 2020.
You will be able to live, work and study in the UK as you do now until 31 December 2020 if you’re an EU, EEA or Swiss citizen.
You will need to apply for Euro TLR, or under the future immigration system, if you want to stay in the UK after 31 December 2020.
You’ll be able to apply for Euro TLR when the scheme opens after the UK leaves the EU without a deal, the deadline for applications being 31 December 2020 - your application will be free of charge.
You will receive a temporary immigration status that will allow you to stay in the UK for 36 months from the date it is granted if your application is successful.
You’ll need to prove your rights using your digital status from January 2021 and will be able to work in the UK, use the NHS, enrol in education or continue studying, access public funds such as benefits and pensions, if you’re eligible for them, travel in and out of the UK
You’ll need to apply if you want to stay in the UK after 31 December 2020 and are an EU, EEA or Swiss citizen, move to the UK after the UK leaves the EU
You will not be eligible for Euro TLR if you are a serious or persistent criminal or a threat to national security.

Right to work checks on EU citizens if the UK leaves the UK without a deal

There will be no change to the right to work of EU, EEA and Swiss citizens and their family members living in the UK until 31 December 2020 if the UK leaves the EU without a deal, but you will need to check a job applicant’s right to work in the same way as now until 1 January 2021.
You have a duty not to discriminate against EU, EEA or Swiss citizens. You cannot require them to show you their status under the EU Settlement Scheme or European temporary leave to remain until 1 January 2021, and Irish citizens will continue to prove their right to work in the UK as they do now.
A new immigration system will apply to people arriving on or after 1 January 2021, but you will not be required to undertake retrospective checks on existing EU, EEA or Swiss employees.
EU, EEA or Swiss citizens and their family members who are living in the UK before the UK leaves the EU can apply to the EU Settlement Scheme to continue living in the UK after 31 December 2020 and you may want to share information with your employees about the EU Settlement Scheme.

If EU, EEA and Swiss citizens arrive in the UK after the UK leaves the EU and before 1 January 2021, they can apply for European temporary leave to remain. The deadline for applications is 31 December 2020.

Rights and status of frontier workers in the UK after Brexit. (Defaults to: Working in the UK as a frontier worker if there’s a no-deal Brexit)

You’re a frontier worker if you’re an EU, EEA or Swiss citizen and you regularly commute to the UK because you are employed or self-employed here but live elsewhere. You’re able to switch between jobs.
Being a frontier worker depends on you having employment or self-employment in the UK. You can keep your frontier worker status if you are not working – see the full notice for criteria.
Before 1 January 2021 You do not need to do anything now to protect your right to come to the UK for work.

From 1 January 2021 you will need to apply for frontier worker status to continue working in the UK as a frontier worker. The full notice will be updated when more information is available.

Irish citizens do not need to do anything to continue working in the UK after 31 December 2020. Find out more about the rights of Irish citizens in the UK after Brexit.

Social security contributions for UK and EU, EEA or Swiss workers in a no-deal Brexit

If you’re an employer, an employee or self-employed person, you may need to make social security contributions in the UK as well as in the EU, EEA or Switzerland.
If you’re a UK or Irish national working in the UK or Ireland your position will not change after Brexit. You or your employer will not need to do anything different.
If your employee is currently working in the EU, the EEA or Switzerland, contact the relevant EU social security institution to check if your employee needs to start paying social security contributions in that country, as well as in the UK.
A replacement for the A1/E101 form will be issued for new applications after Brexit. Use this to make sure your employee continues to make UK National Insurance contributions.
See the full notice about telling HMRC when you send employees to work in the EU, EEA or Switzerland.

Workplace rights after Brexit

In most cases there will be no changes to workplace rights if there is a no deal Brexit., but there will be some changes to rules on employer insolvency for UK employees working in the EU and membership of European Works Councils, (EWC).

The rights of UK and EU employees working in the UK will not change after a no-deal Brexit with employees still being protected in the event of their employer becoming insolvent.

UK employees working in an EU country for a UK employer may still be protected by the national guarantee fund established in the EU country in which the employee works – but rights may differ in each country.

Employees in the UK will no longer be able to ask their employer to set up an EWC after Brexit, but requests submitted before Brexit will be allowed to complete.

UK businesses with an existing EWC, and trade unions that are involved in EWC agreements may need to review such agreements in the event of a no-deal Brexit.

Businesses are encouraged to continue to allow UK workers to be represented on EWCs on a voluntary basis..

The existing rights of employees to be informed and consulted about issues at work will not change after Brexit.

Disclaimer: The information provided is meant as a general guide only rather than advice or assurance. The Growth Company does not guarantee the accuracy or completeness of this information and professional guidance should be sought on all aspects of the business planning and response to Brexit. Use of this guide is entirely at the risk of the user. Any hyperlinks from this document are to external resources not connected to the Growth Company and the Growth Company is not responsible for the content within any hyperlinked site.