Yesterday saw publication of the first 25 "
technical notices" on "how to prepare if the UK leaves the EU with no deal", issued by the Department for Exiting the European Union.
Transport does not feature on the list, nor does aviation, the motor industry or the chemical industry, all presumably deemed not sufficiently important to feature in the first tranche of notices.
Compare and contrast the EU commission's own document,
COM(2018) 556 final, "Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019" plus its detailed annex. A sample here:
The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date or, in accordance with Article 50(3) of the Treaty on European Union, the European Council, in agreement with the United Kingdom, unanimously decides that the Treaties cease to apply at a later date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00 (CET). At this moment in time the Commission has received no indication that the United Kingdom may request a prolongation of its EU membership.
Main consequences of scenario 2: withdrawal on 30 March 2019 without a withdrawal agreement
The United Kingdom will be a third country and Union law ceases to apply to and in the United Kingdom.
Citizens: There would be no specific arrangement in place for EU citizens in the United Kingdom, or for UK citizens in the European Union.
Border issues: The European Union must apply its regulation and tariffs at borders with the United Kingdom as a third country, including checks and controls for customs, sanitary and phytosanitary standards and verification of compliance with EU norms. Transport between the United Kingdom and the European Union would be severely impacted. Customs, sanitary and phytosanitary controls at borders could cause significant delays, e.g. in road transport, and difficulties for ports.
Trade and regulatory issues: The United Kingdom becomes a third country whose relations with the European Union would be governed by general international public law, including rules of the World Trade Organisation. In particular, in heavily regulated sectors, this would represent a significant drawback compared to the current level of market integration.
Negotiations with the United Kingdom: Depending on the circumstances leading to the withdrawal without an agreement, the EU may wish to enter into negotiations with the United Kingdom as a third country.
EU funding: UK entities would cease to be eligible as Union entities for the purpose of receiving EU grants and participating in EU procurement procedures. Unless otherwise provided for by the legal provisions in force, candidates or tenderers from the United Kingdom could be rejected.
Summary:
The withdrawal of the United Kingdom from the European Union has repercussions for citizens, businesses and administrations in both the United Kingdom and the European Union. These repercussions range from new controls at the EU’s (new) outer border, to the validity of UK-issued licences, certificates and authorisations all the way to new conditions for data transfers.
The European Union is working hard to reach an agreement on an orderly withdrawal, and looks forward to discussing a framework for the future relationship with the United Kingdom.
However, there is no certainty that an agreement will be reached. And even if an agreement is reached, the United Kingdom’s relationship with the European Union will no longer be one of a Member State and thus, will be in a fundamentally different situation.
Therefore, everybody concerned needs to be prepared for the withdrawal of the United Kingdom from the European Union on 30 March 2019. This Communication is to be seen in the light of the call of the EU27 Leaders to intensify preparedness at all levels and encourages all stakeholders that may be affected by the United Kingdom’s withdrawal to take the necessary preparedness actions and to take them now.
Transport, including aviation:
Brexit preparedness Depending on the mode of transport (air, road, rail, maritime, inland waterway), the EU sets rules for the safety, security, and access to the EU market. These rules usually create distinctions between EU operators and third country operators and provide access to those who comply with EU requirements.
EU transport businesses should carefully assess whether the change of status of the United Kingdom from a Member State to a third country impacts their operations, and should take the necessary preparedness measures.
The Commission has published 10 notices relevant for the area of transport (air transport, aviation safety, aviation and maritime security, road transport, rail transport, seafarer qualifications, maritime transport, consumer protection and passenger rights, inland waterways, industrial products), which set out in clear terms the implications of the United Kingdom's withdrawal from the EU's legal and regulatory framework, e.g. in the area of aviation safety, in the absence of any particular arrangement, thus providing stakeholders with the requisite clarity on the baseline situation to which they were advised to adapt.