UK 'No-Deal' technical notices highlight impacts that nobody saw coming

A second tranche of 28 ‘technical notices’ was published this week by UK Government.  This brings the total to over 50 topics – each explaining what firms and individuals will have to do in the event of a no-deal Brexit.

We have listed them by subject area in the reference section at the end of this article.  The impacts for businesses and individuals are extensive in scope and profound in the changes that are coming.  Brexit Partners have been modelling the effects of what the European Union has been calling the ‘cliff-edge’ scenario of the UK leaving with no-deal in place.  And there are at least another 20 to come from the UK – with over 70 already laid down for EU countries, businesses and citizens by the European Commission earlier this year, some of which spell out business and life changing changes.

UK Business groups and anti-Brexit campaigners immediately restated their opposition to a no-deal Brexit.  The CBI said that, for business, it would be the equivalent of being hit by a sledgehammer – whilst others, such as the British Chambers of Commerce, fearing that the biggest changes are yet to be announced – with no-deal Brexit planning information being held back until after Tory conference [Here is some more business reaction to the no deal Brexit planning papers published by the government.

Adam Marshall, Director General of the British Chambers of Commerce:

“Firms still need greater precision from the government in order to be able to plan ahead with confidence, but many companies tell us they are deeply concerned by the impression that key information they need in order to prepare for change is being held back due to political sensitivities as the party conference season commences.”  With only 200 days remaining until Brexit: “Speed, precision and clarity are of the essence so that businesses can prepare for change.”

Mike Cherry, Chair of the Federation of Small Businesses says that:

“With each release of the Government’s technical notes, we get a clearer picture of how dangerous and damaging a sudden no-deal Brexit will be for our small businesses… exporting and importing small firms, in particular will be hit with additional cost burdens and complicated levels of compliance that they simply can’t handle.”

Helen Dickinson, Chief Executive of the British Retail Consortium points to the no-deal Brexit bringing:

“Additional red tape, resulting in extra cost burdens and bureaucracy for businesses and consumers.”

This latest batch of technical notes include new requirements for UK companies, in their new status as a “third country” to the European Union. 

Take just one of the 50 notices as an instance.  Today, some 1,500 channels that broadcast to Europe out of London will be required to be licensed in a member state in order to continue to operate and broadcast services.  Under EU law broadcasters only need be licensed in any of the 29 member states to be allowed to broadcast to the other 27 states.  London is presently the European hub for channels such as Discovery, Turner, and Disney. and the controversial Russia Today. Whilst other countries including Ireland, the Netherlands and Luxembourg, have been busy wooing broadcasters, the UK government - in its no-deal notice – starkly tells TV and video-on-demand operators that it is “your responsibility” to ensure that you obtain a valid license to ensure   

Andrew Adonis - former transport secretary – looks at another notice – and concludes that shipping rules after Brexit could mark “the death of the cross-channel ferry”.

Scottish government has reacted to the notices by stating that UK should consider extending article 50 to avoid 'appalling' consequences of no-deal.  They instance the risk of Scottish (like all British travelers) being turned away from EU countries - despite having a valid passport. Overall their view is that the technical notices lay bare the confusion that is likely to result from a ‘no-deal’ Brexit, and expose the “irresponsible approach of the UK government”.

Russell also said that, if it was necessary to prevent a no deal Brexit, the article 50 process should be extended (meaning the UK would remain in the EU after 29 March 2019). He said:

One decidedly unexpected effect of a no-deal departure would be the UK potentially getting less warning about space debris plummeting towards the Earth, whether old satellite or other debris.  The warning comes in a briefing paper on space and satellites, which notes the UK’s involvement in the EU Space Surveillance and Tracking (EUSST) program.  Set up in 2014, this warns about risks from orbiting debris, which could pose a risk to satellites, as well as what are termed “re-entry warnings”, which alert nations to objects heading downwards from space.  If the UK leaves without a deal, the document says, the country will no longer be part of the programme!

British drivers may have to obtain one of two different types of International Driving Permit, depending on the destination country, in order to drive in the EU on business or on holiday if there is no Brexit deal, one of the papers says.  Costing £5.50 each, they will become available from Post Offices from February 1 if no proper exit deal is struck. The AA has already pointed out that a National Audit Office report doubts Post Office capacity to issue 7 million permits. Meanwhile the UK has taken a more generous stance - drivers holding EU driving licenses will be able to drive in the UK without requiring any extra paperwork, the document says. “The UK does not require visiting motorists… to hold a separate IDP to guarantee the recognition of their driving license.”

For the full list of UK Technical ‘No-Deal’ Notices, see below.  For guidance on what any of these mean to you or your business, contact Brexit Partners today.


Reference Documents - UK Government Technical ‘No-Deal’ Notices

1. Applying for EU-funded programme

  • Connecting Europe Facility energy funding if there's no Brexit deal

  • Delivering humanitarian aid programmes if there’s no Brexit deal

  • European Regional Development Funding if there’s no Brexit deal

  • European Social Fund (ESF) grants if there’s no Brexit deal

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

  • Horizon 2020 funding if there's no Brexit deal

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

2. Driving

  • Driving in the EU if there's no Brexit deal

3. Farming

  • Farm payments if there’s no Brexit deal

  • Receiving rural development funding if there’s no Brexit deal

4. Handling civil legal cases

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

5. Importing and exporting

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

  • Exporting controlled goods if there's no Brexit deal

  • Trade remedies if there's no Brexit deal

  • Trading with the EU if there's no Brexit deal

6. Labelling products and making them safe

  • Appointing nominated persons to your business if there’s no Brexit deal

  • Developing genetically modified organisms (GMOs) if there’s no Brexit deal

  • Labelling tobacco products and e-cigarettes if there’s no Brexit deal

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

  • Travelling with a European Firearms Pass if there’s no Brexit deal

  • Trading under the mutual recognition principle if there’s no Brexit deal

  • Trading goods regulated under the ‘New Approach’ if there’s no Brexit deal

  • Vehicle type approval if there’s no Brexit deal

7. Meeting business regulations

  • Accessing public sector contracts if there’s no Brexit deal

  • Broadcasting and video on demand if there’s no Brexit deal

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

  • What telecoms businesses should do if there’s no Brexit deal

8. Money and tax

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

  • VAT for businesses if there's no Brexit deal

  • Personal data and consumer rights

  • Data protection if there’s no Brexit deal

9. Protecting the environment

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

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

  • Upholding environmental standards if there’s no Brexit deal

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

10. Regulating energy

  • Civil nuclear regulation if there’s no Brexit deal

  • Nuclear research if there’s no Brexit deal

  • Running an oil or gas business if there’s no Brexit deal

11. Regulating medicines and medical equipment

  • Batch testing medicines if there's no Brexit deal

  • Ensuring blood and blood products are safe if there’s no Brexit deal

  • How medicines, medical devices and clinical trials would be regulated if there’s no Brexit deal

  • Quality and safety of organs, tissues and cells if there’s no Brexit deal

  • Submitting regulatory information on medical products if there’s no Brexit deal

  • Trading in drug precursors if there’s no Brexit deal

12. Satellites and space

  • Satellites and space programmes if there’s no Brexit deal

13. Seafaring

  • Getting an exemption from maritime security notifications if there’s no Brexit deal

  • Recognition of seafarer certificates of competency if there’s no Brexit deal

14. State aid

  • State aid if there's no Brexit deal

15. Studying in the UK or the EU

  • Erasmus+ in the UK if there's no Brexit deal

16. Travelling between the UK and the EU

  • Mobile roaming if there’s no Brexit deal

  • Travelling in the Common Travel Area if there’s no Brexit deal

  • Travelling to the EU with a UK passport if there’s no Brexit deal

17. Workplace rights

  • Workplace rights if there’s no Brexit deal

 
John ShuttleworthComment