13 November 2018

European Commission intensifies preparedness work and outlines contingency action plan in the event of a no deal scenario with the UK

1. First, the Commission has published a Communication, which outlines a limited number of contingency actions in priority areas that could be implemented if no agreement is reached with the United Kingdom. This follows a first preparedness Communication published on 19 July 2018.
2. Secondly, the College of Commissioners has adopted two legislative proposals to amend existing EU law in the area of visas and energy efficiency to take account of the UK's withdrawal. These targeted legislative adaptations are necessary, irrespective of the outcome of the withdrawal negotiations.
3. Thirdly, a notice has been published providing extensive information on the changes that will occur – in the event of no deal – for persons travelling between the EU and the UK, and vice versa, after 29 March 2019, or for businesses providing services in relation to such travel. It includes information on such things as border checks and customs controls, driving licences and pet passports, amongst others.

While the European Commission is working hard for a deal, and continues to put citizens first in the negotiations, the UK's withdrawal will undoubtedly cause disruption – for example in business supply chains – whether or not there is a deal. Contingency measures cannot remedy the full effects of this disruption. In the event of a no deal scenario, these disruptions will be even more significant and the speed of preparations would have to increase significantly. Contingency measures in narrowly defined areas may, exceptionally, be needed in order to protect the interests and the integrity of the EU.

Communication: A Contingency Action Plan

Today's Communication provides details on the types of contingency measures that could be taken, should it appear likely that the UK will leave the EU in a disorderly manner. The Commission has identified priority areas where such measures could be necessary, given the significant impact a no deal scenario would have for citizens and businesses: residency and visa-related issues, financial services, air transport, customs, sanitary/phytosanitary rules, the transfer of personal data, and climate policy. Any contingency measures would only be taken in limited areas where they are necessary to protect the vital interests of the EU and where preparedness measures are not currently possible. They would be temporary in nature, limited in scope, adopted unilaterally by the EU and must remain compatible with EU law. Today's Communication also sets out the detailed legislative steps that should be taken should such contingency measures be deemed necessary.

As outlined in the Commission's first Communication of 19 July 2018, only a small part of preparations can be carried out by the EU institutions. Preparing for the UK's withdrawal is a joint effort at EU, national, regional and local levels, as well as by economic operators. While national measures by Member States represent a central element on contingency planning, the Commission stands ready to intensify its coordination of the work of Member States in order to ensure that the EU remains united and that any measures are applied consistently and coherently within the EU. In particular, the Commission will support Ireland in finding solutions addressing the specific challenges of Irish businesses.

Legislative proposals (energy efficiency & visa requirements)

Two legislative proposals were adopted today by the College of Commissioners:

-      Energy efficiency: The Commission has today proposed to make a technical adaptation to the EU's energy legislation (the Energy Efficiency Directive) to take account of the UK's withdrawal. The EU's energy efficiency targets are based on EU28 energy consumption figures. Since the UK is leaving, it is necessary to adapt these consumption figures to reflect the EU at 27. This does not affect in any way the June 2018 political agreement on the EU's energy efficiency targets. The EU remains committed to its energy efficiency target for 2030 of at least 32.5%.

-      Visas: The Commission has today proposed to amend the Visa Regulation. This would mean that when EU law no longer applies in the U.K, on 30 March 2019 in case of a no deal or at the end of the transition period in case of an orderly withdrawal, UK nationals would be exempt from any visa requirement for short stays in the EU. This is entirely conditional on the UK also granting reciprocal and non-discriminatory visa-free travel to EU citizens travelling to the UK. This is in line with the Commission's commitment to put citizens first in the negotiations with the UK. [...]

Text of the Communication

Notice on Travelling between EU-UK

Legislative proposal: Energy Efficiency

Legislative proposal: Visa Requirements

© European Commission