What changed on 1 January 2021

An in-depth look at what changed on 1 January 2021 - with areas covered from e-commerce, energy and security to farming, cross-border activities and travelling, and all with links to further resources.

Goods & Services

Trading in goods (including import/expert, customs, rules of origin, VAT, labels and certification, chemicals & medicines)

Customs formalities: checks and controls on goods

As of 1 January 2021, customs rules required under EU law will apply to all goods entering the customs territory of the EU from the United Kingdom, or leaving that customs territory to the United Kingdom. Even if an ambitious free trade area is established with between the EU and the UK, providing for zero tariffs and zero quotas on goods, and with customs and regulatory cooperation, all products traded between the EU and the United Kingdom will be subject to any applicable regulatory compliance checks and controls on imports for safety, health and other public policy purposes.

This means that there will be checks at the borders between the EU and the UK, including at Ports and in Dover. For information on the Border regarding Northern Ireland, see our Withdrawal Agreement page.

UK Government Transition website: Importing goods from the EU / Exporting goods from the EU
UK Government Transition website: Moving goods to or from Northern Ireland
European Commission readiness notice: Explosives for civil use and explosives precursors
European Commission readiness notice: Customs enforcement of intellectual property rights
European Commission readiness notice: Landing of fishery products in the EU
European Commission readiness notice: Online sales (b2c) of goods with subsequent parcel delivery (incl. aspects of ‘online pharmacies’)
European Commission readiness notice: Prohibitions and restrictions of imports and exports, in particular import/export licences
European Commission readiness notice: Tariff rate quotas

Rules of origin

As of 1 January 2021, companies will have to demonstrate the originating status of goods traded in order for these to be entitled to preferential treatment under a possible future EU-UK agreement. Goods not meeting origin requirements will be liable to customs duties even if a zero-tariff, zero-quota EU-UK trade agreement is put in place. Trade between the EU and its preferential partners will also be affected, as UK content (in terms of both material and processing operations) will become ‘non-originating’ under Union preferential trade arrangements.

European Commission Readiness Notice: Customs, including preferential origin

VAT and excise duties

As of 1 January 2021, the rules for payment and refund of Value Added Tax (VAT) will change. This is relevant for both goods and services. Excise duties will also be due upon importation of goods brought into the VAT territory of the European Union from the United Kingdom for excisable goods (alcoholic beverages, tobacco products, etc.).

European Commission Readiness Notice: Excise duties
European Commission Readiness Notice: Value added tax (VAT)

Certificates, authorisations, markings or labelling

As of 1 January 2021, marketing authorisations issued by UK authorities will no longer be valid for placing products on the Union market. This means, for instance, that a car with a type approval issued by the United Kingdom can no longer be sold in the Single Market. Where EU law requires certification by an EU notified body – such as for some medical devices, machinery or construction products – products certified by UK-based bodies will no longer be allowed to be sold within the Single Market. Similarly, markings or labelling of goods placed on the Union market, which refer to bodies or persons established in the United Kingdom, will no longer comply with Union labelling requirements.

European Commission readiness notices:

Chemicals

As of 1 January 2021, EU rules on the registration, evaluation, authorisation and restriction of chemicals (REACH) will no longer apply in the UK. Registrations held by manufacturers and producers established in the United Kingdom will no longer be valid in the EU.

European Commission readiness notices:

Medicines and pharmaceuticals

European Commission Readiness Notices:

Provisions for trade in services, including financial services & professional qualifications

Provision of services

As of 1 January 2021, authorisations granted by UK authorities under the EU Single Market framework will no longer be valid in the EU. This has particular relevance for the areas of financial services, transport, audiovisual media, and energy services.

In order to access the Union market, UK service providers and professionals established in the UK will need to demonstrate compliance with any rules, procedures and/or authorisations that cover the provision of services in the EU by foreign nationals and/or companies outside the EU. Those requirements are frequently set out in national regimes.

EU service providers and professionals established in the Union and operating in the United Kingdom will need to demonstrate compliance with all relevant UK rules.

European Commission Readiness Notice Value added tax (VAT) for services
European Commission Readiness Notice Exhaustion of intellectual property rights
European Commission readiness Notice Audiovisual media services
UK Government Guidance Broadcasting and video on-demand from 1 January 2021
OFCOM Frequently asked questions on linear television services and video on demand services after Brexit
European Commission Readiness Notice Copyright
European Commission Readiness Notice Institutions for occupational retirement provision
European Commission Readiness Notice Maritime transport
European Commission Readiness Notice Rail transport
European Commission Readiness Notice Online sales (B2C) of goods with subsequent parcel delivery
European Commission Readiness Notice Statutory audit
European Commission Readiness Notice Clinical trials

Professional qualifications

After the end of the transition period, professionals will need to get an EEA or Swiss qualification recognised in the UK. Professionals will have to get an official recognition in the UK to work in a profession that is regulated in the UK. It will need to be recognised by the appropriate regulator for the profession. This will need to be done even if providing temporary or occasional professional services.

If professionals want to work in a profession that is regulated in the EEA or Switzerland, they will need to get the UK professional qualification officially recognised. It will need to be recognised by the appropriate regulator for the profession in each country where work will take place. This will have to be done even for providing temporary or occasional professional services. Nevertheless, professionals already working in an EEA country or Switzerland don’t have to do anything if the qualification has already been officially recognised by the relevant regulator in an EEA country or Switzerland.

The UK Government advises that if professionals start working after the end of the transition period in an EEA country or Switzerland, they will need to check the European Commission’s Regulated Professions Database (REGPROF) to find out if the profession is regulated. If so professionals will have to contact the single point of contact for each EEA country, to find out how to get the professional qualification recognised (see information on the UK Government Transition Website).

Furthermore, different rules apply for Auditors and Lawyers:

UK Government Guidance Auditing for UK auditors and audit firms operating in the EEA from 1 January 2021
UK Government Guidance for UK lawyers practising in EU and EEA-EFTA and Switzerland from 1 January 2021
UK Government Guidance Get your EEA qualification recognised in the UK from 1 January 2021
European Commission Readiness Notice Regulated professions and the recognition of professional qualifications (2018 Note)

Financial Services

The EU introduced ‘passporting’ for the provision of financial services. Over several years a number of ‘single market directives’ were passed in the EU. These directives provided, in their own specific areas, that a firm authorised in one Member State would be able to operate in another without having to seek new authorisation.

All passporting rights will be lost when the UK leaves the European single market on 31 December 2020. This could cause issues for:

1. UK-authorised firms that currently passport their authorisations into Europe.

2. EEA-authorised firms that currently passport their authorisations into the UK.

By the time passporting rights are lost, these firms need to either stop operating in the countries they passport into, or gain separate authorisation there. To avoid a cliff-edge in which firms might need to suddenly stop operating, the UK Government announced a Temporary Permissions Regime (see Financial Conducts Authority webpage). This would apply to EEA-authorised firms passporting into the UK. It allows these firms to continue operating once the passporting regime falls away for up to three years, while they seek UK authorisation. However, the EU has not yet reciprocated by putting in place a similar arrangement.

Further information:

Bank of England Transitioning to post-exit rules and standards
Bank of England Checklist and other risks of disruption to the provision of financial services at the end of the transition period
European Commission Readiness Notice Banking and payment services
European Commission readiness Notice Credit rating agencies
European Commission Readiness Notice Insurance/reinsurance
European Commission Readiness Notice Investment services (markets in financial instruments)
European Commission readiness Notice Asset management
European Commission Readiness Notice Post trade financial services
House of Commons Library Briefing: ‘Equivalence’ with the EU on financial services, November 2020
Karel Lannoo, EU-UK financial market access in 2021, July 2020, Centre for European Policy Studies (CEPS)

Transport

Road Transport (notably Haulage)

As of 1 January 2021, road transport operators that are established in the United Kingdom will no longer hold a Community licence. They will therefore no longer benefit from the automatic access rights to the Single Market that such a licence entails, and namely the right of EU operators to conduct journeys and carry goods across the EU. Transport and logistics operators will be affected by changes in the formalities required when crossing the UK-EU border. Border formalities will also affect drivers as well as passengers and cross-border workers. This includes border checks on persons – entailing the verification of entry and stay requirements, stamping of passports, and visa requirements if applicable.

Licences, permits and registration

In the EU’s single market, road haulage licenses are recognised by EU member states and, within the EU customs union, customs declarations are not required. In addition, the infrastructure along national frontiers in the EU single market has developed to reflect the liberalised regulatory environment. Whatever the outcome of the negotiations, changes will occur on the 1 January 2020. Changes may take pace regarding drivers’ licences and Driver Certificate of Professional Competence (CPC). This extends to coach and bus drivers (see UK Government guidance on Bus and Coach drivers). There will be changes to operator licensing requirements (need for a standard international operator licence), permits and vehicle registration documents, and insurance (see UK Government guidance on Road Haulage). UK drivers may need to apply for international driving permits to undertake cross-border work between the UK and EEA countries. The permits required from the European Conference of Ministers of Transport (ECMT) are limited in number and the UK’s Road Haulage Association (RHA) has warned that there could be a considerable shortfall in the number available.

Customs declaration

Furthermore, hauliers will need to complete a customs declaration when they enter the EU. This requirement will be new, since businesses were not subject to such checks when the UK was an EU member state. The UK government is developing border infrastructures, including IT systems, which are designed to ensure that hauliers comply with controls between GB and the EU, as well as, under the terms of the Northern Ireland Protocol, between GB and Northern Ireland. One of the most important is the Goods Vehicle Movement System (GVMS)

Infrastructure at Ports and Tunnel

Because of the additional checks at borders governments in either side of the Channel are putting infrastructure in place to prepare for the end of the transition period. This includes provisions for relieving possible backlog and queues at the UK’s two busiest ports are Felixstowe and Dover. The UK Government provides a web page for Haulier advice site locations: users can find sites where hauliers and HGV drivers can get advice on transporting goods to the EU after 1 January 2021.

Further information

UK Government Guidance Transporting goods between Great Britain and the EU from 1 January 2021: guidance for hauliers and commercial drivers
UK Government Guidance International road haulage permits: ECMT permits 2021
UK Government Guidance Carry out international road haulage from 1 January 2021
UK Government Guidance Driving in the EU from 1 January 2021: lorry and goods vehicles drivers
UK Government Guidance Driving in the EU from 1 January 2021: bus and coach drivers
European Commission Readiness Notice Customs, including preferential origin
European Commission Notice to Stakeholders EU rules on tachographs in road transport
European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU: Internal EU27 preparatory discussions on the framework for the future relationship (February 2018)
European Commission Transport Directorate resource page on transport (Pre Withdrawal Agreement)
UK Government Report (138 pages) Border and Protocol Delivery Group – October 2020: The Border with the European Union Importing and Exporting Goods
House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.
Two panels of witnesses give evidence on traffic management in and out of Kent to the House of Lords EU Goods Sub-Committee:

- House of Lords Select Committee on the European Union EU Goods Sub-Committee Uncorrected oral evidence: Traffic management preparations for the end of the transition 23 November 2020 (panel 1)

- House of Lords Select Committee on the European Union EU Goods Sub-Committee Uncorrected oral evidence: Traffic management preparations for the end of the transition Monday 23 November 2020 (panel 2)
House of Commons Select Committee on the Future Relationship between the UK and the EU Committee examines Government preparations for post-transition border operations, 11 November 2020
House of Lords Select Committee on the European Union EU Goods Sub-Committee Lords EU Committee Evidence from port and Channel Tunnel operators, 13 November 2020

Maritime Transport

Sea transport falls largely under international law; nevertheless, when the transition period comes to an end on 31 December 2020, there will be significant changes.

First, in the EU’s single market, cabotage is liberalised. Operators from one member state have the right to transport goods or passengers between two locations in another member state. From 21 January 2020, the UK will become a third country after leaving the EU single Market and Customs Union. This means that there will be paper work for transporting goods and passengers and the automatic right to transport passengers and goods from one country to another in the EU will no longer apply. Furthermore, UK shipping companies will have to submit security information prior to entering an EU port. And finally, certificates of competency for seafarers that are issued by the UK will no longer be recognised by the EU (see European Commission Readiness notice on Maritime Transport)

The European Commission advises the following to operators in the maritime transport sector:

Operators of shipping services should assess whether they are affected by the change in market access rights and take the necessary precautionary steps when selling shipping services after the end of the transition period
Operators of vessels flying the flag of an EU Member State should ensure that certificates issued to seafarers in the United Kingdom are recognised in the EU in accordance with the appropriate procedure.

Further information

European Commission Readiness Notice: Maritime transport
European Commission Environment Directorate-General Information page on Waste Shipments
European Commission Readiness Notice: Aviation security and maritime security
UK Government Guidance Recognition of seafarer certificates of competency from 1 January 2021
· UK Government Guidance Getting an exemption from maritime security notifications from 1 January 2021
· UK Government Guidance Hiring crew for ships and yachts: Certificates of Competency
House of Lords European Union Select Committee Brexit: road, rail and maritime Transport, 39th Report of Session 2017-19 - published 21 May 2019 – House of Lords Paper 355
House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.

Aviation

EU-UK negotiations on the future relationship include a range of issues in the aviation sector including air access between the EU and the UK and aviation safety. However, key issues relating to aviation remain to be agreed between the EU and UK. The outcome of the negotiations will determine the level of access that will be allowed from 1 January 2021. Even if an agreement is reached, it will not provide for the same level of access as is currently available.

Airline Ownership and Control

Under EU law, air operators must fulfil certain ownership and control (O&C) criteria in order to be classified as an EU air carrier

Aviation Safety

The UK will no longer be part of the EU Aviation Safety Agency (EASA) system after 31 December this year. Negotiations are ongoing on aviation safety agreement and whether mutual recognition of licences, certificates and approvals will be included in it.

Certain certificates issued by the European Aviation Safety Agency (EASA) to persons and organisations located in the UK will no longer be valid in the EU as of the end of the transition period. EU air carriers and holders of aviation safety certificates must ensure that they are in compliance with Union requirements as set out in the aviation safety acquis.

Passenger Security

On 14 March 2019 the EU took the necessary regulatory measures to add the UK to the list of countries with which it has a ‘One Stop Security’ agreement. As a result, passengers (and their baggage) flying from the UK will continue to be able to transfer at an EU airport for an onward flight without experiencing additional security rescreening procedures. The UK Government has also confirmed that the security screening requirements for all direct passenger flights to and from the UK will remain as they are today.

Recommendations from the UK Government and the European Commission include (see further information below):

Consider what contingency plans will need to be in place in the event of existing levels of market access no longer being available.
Where you have not already done so, take appropriate measures to ensure you comply with ownership and control requirements post-transition.
Airlines and other operators in the aviation industry should ensure suppliers of products and services in their supply chain have the appropriate certification in accordance with EU rules.
Ensure compliance of aviation personnel with EU certification requirements as of the end of the transition period.

Further information

European Commission Readiness Notice Air transport
European Commission Readiness Notice Aviations security and maritime security
European Commission Readiness Notice EU aviation safety rules
European Commission Readiness Notice Consumer protection and passenger rights
UK Government Guidance Prepare to work and operate in the European aviation sector from 1 January 2021
UK Government Guidance Aviation security for cargo from 1 January 2021
House of Lords European Union Select Committee Brexit: road, rail and maritime Transport, 39th Report of Session 2017-19 - published 21 May 2019 – House of Lords Paper 355
House of Lords Research Briefing Leaving the European Union Aviation Safety Agency, 12 March 2020 · House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.
House of Commons Library Briefing Airport slots, 27 November 2020

Energy, Environment & Climate Change

Energy (including Civil nuclear)

Energy

Member States of the EU are ultimately responsible for the energy supply to their citizens, and for deciding on the most appropriate energy mix. However, the UK and EU energy sectors remain integrated through trade, legislation, and interconnection of energy supply, as well as sharing joint research and development aims.

Currently, the UK’s electricity markets are integrated (‘coupled’) into those of the EU, with common rules governing their operation as part of the EU internal energy market (IEM). This allows harmonised, tariff-free trading of gas and electricity across Europe through interconnectors. These flows, and the domestic markets, remain governed through EU legislation relevant to the functioning of the EU’s Internal Energy Market. The UK has five electricity interconnectors with continental Europe and the island of Ireland and more are either under construction or planned. The Northern Ireland electricity market is separate from Great Britain. Northern Ireland shares a wholesale electricity market with Ireland, the all-island Single Electricity Market (see House of Commons Library Briefing on Energy).

Depending on the outcome of the negotiations between the UK and the EU, interconnectors, code administrators and market participants may need to carry out contingency planning for 1 January 2021, depending on the outcome of FTA negotiations. Market participants will need to register with an EU regulatory authority to avoid a disruption to cross-border trade, trade within EU wholesale energy markets, or trade within the Single Electricity Market.

Further Information

European Commission Readiness Notice Guarantees of origin of electricity from renewable energy sources
UK Government Guidance Trading electricity from 1 January 2021
European Commission Readiness Notice Guarantees of origin of electricity from renewable sources
Ofgem Information to Industry Preparing for EU exit: licence and industry code modifications
House of Commons Library Research Briefing Brexit: energy and climate change, June 2020
House of Lords European Union Committee Scrutiny of international agreements: three agreements on the Channel Fixed Link, and one agreement on the Energy Charter Treaty, 2 October 2020
House of Commons Library Analysis of the Environment Bill 2019-20, March 2020

Civil nuclear - Euratom

The European Atomic Energy Community (Euratom) provides the basis for the regulation of civilian nuclear activity in its members. Euratom’s roles include implementing a system of safeguards to monitor the use of civil nuclear materials, controlling the supply of nuclear materials, and funding research. After the end of the transition period, the UK will leave Euratom. The UK Government has already legislated to replicate Euratom’s nuclear safeguards regime and negotiated agreements for nuclear trade with certain countries.

European Commission Readiness Notice Euratom
UK Government Guidance Participating in EU nuclear research from 1 January 2021
House of Commons Library Research Briefing Brexit: energy and climate change, June 2020

Climate Change & Environment (including Chemicals)

Climate and environment

Currently, the UK Climate and environment policy falls under EU governance and enforcement mechanisms and is part of a complex and interconnected body of law developed over 40 years of membership of the EU. A number of sectors are concerned, notably energy, agriculture, and industry. After the end of the transition period, the UK’s government will have the ability to modify its climate laws, environmental regulations and standards without any reference to EU laws, rulings and enforcement. The extent to which it will use that flexibility, and how this will affect climate policy and environmental regulation moving forward, remains open.

The UK Government has tabled an Environment Bill that establishes a requirement for environmental improvement plans, sets environmental targets, and creates an Office for Environmental Protection (OEP) that will perform the enforcement role played hitherto by the European Commission and Court of Justice of the European Union. It is currently being discussed in Parliament (see UK Parliament Information on the Environment Bill). In terms of governance, the scope and powers of the Office for Environmental Protection are still being decided. Furthermore, a number of affected areas are unevenly devolved to the administrations in Scotland, Wales and Northern Ireland.

On 1 January 2021 some policies currently underpinned by EU law will not continue to operate. This includes the EU Emissions Trading System, where UK-based installations will no longer be part of the policy (see European Commission Readiness Notice EU ETS). Furthermore, the UK is no longer a member of the European Environment Agency, which provides environmental information to 33 European countries.

Operators based within the UK who want to access the EU Single Market will still have to abide by EU rules. To be able to export goods to the EU Single Market, the UK has to abide by the standards of the EU. The current negotiations around how these standards are recognised are one of the major points of discord in the negotiations (level playing field). The EU wants assurances that the UK will not reduce environmental standards over time in a manner that would undermine the Single Market. Furthermore, a number of disposition will have to be taken in terms of labelling and certification as a result of the UK leaving the Customs Union and Single Market.

European Commission Readiness Notice Community eco-management and audit scheme (EMAS)
European Commission Readiness Notice EU emissions trading system (EU ETS)
European Commission Readiness Notice EU ecolabels
European Commission Readiness Notice Fluorinated greenhouse gases
European Commission Readiness Notice Genetically modified organisms
European Commission Readiness Notice Monitoring and verification of Monitoring and verifying CO2 emissions from maritime transport
UK Government Guidance Meeting climate change requirements from 1 January 2021
House of Lords Library In Focus Type approval and carbon dioxide emissions regulations 2020, 11 November 2020
House of Commons Library Analysis of the Environment Bill 2019-20, March 2020

Chemicals

Chemicals regulation is an area that is at risk of a lot of disruption when the transition period ends. The EU system for the Registration Evaluation and Authorisation of Chemicals (REACH) requires substances manufactured in, or imported into, the EU to be registered with the European Chemical Agency (ECHA). The ECHA then decides how to control or restrict the marketing and use of those substances. The UK Government has established a UK equivalent that will replace the EU system.

On 1 January 2021 companies based in Great Britain that are currently registered with EU REACH will not be able to sell on the EU market unless they transfer their registration to an EU-based organisation. In addition, the UK has opted to create its own chemicals agency rather than participating in the ECHA.

Health and Safety Executive (HSE) Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) regulation at the end of the transition period
European Chemicals Agency (ECHA) How will the UK Withdrawal Affect you?
UK Government Collection Chemicals sector: end of transition period guidance
House of Lords EU Environment Sub-Committee Oral Evidence Chemicals Regulation post-Brexit, 7 October 2020

Citizens

Living, Studying, Working and Retiring in the EU/in the UK

UK citizens living in the EU/EAA and EU/EEA citizens living in the UK before the end of the transition period The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. Citizens will be covered by the Withdrawal Agreement if they are a UK national lawfully residing in another EU country by the end of the transition period, on 31 December 2020. Citizens will continue to have broadly the same entitlements to work, study and access public services and benefits as before the UK left the EU. The same applies for EU/EAA citizens living in the UK. EU/EAA citizens should apply to the EU Settlement Scheme (settled and pre-settled status) (see UK Government Guidance)

Moving to an EEA state or Switzerland/Moving to the UK from 1 January 2021

For citizens not covered by the Withdrawal Agreement and who move to live in an EEA state or Switzerland on or after 1 January 2021, rights to receive some UK benefits will change. Some benefits may only be paid for a time-limited period in these countries in future. The changes to these rules will depend on the outcome of negotiations with the EU. For EU/EAA citizens moving to the UK, the new points-based system for immigration will apply, including for temporary/short term work (UK Government Guidance Points-based immigration system).

Due to the Common Travel Area there will be no change for British citizens and Irish citizens in the respective countries. The Common Travel Area allows Irish and British citizens to move freely and reside in either jurisdiction and enjoy associated rights and entitlements including access to employment, healthcare, education, social benefits, and the right to vote in certain elections.

Further information:

UK Government Transition website Living and working in the UK check
UK Government Transition website Living in Europe guidance
UK Government Guidance: Points-based immigration system

Studying

EU/EEA students studying in the UK

There will be no change to the rights of Irish citizens at the end of the transition period, as their residence and right to study and to access benefits and services will be preserved under the Common Travel Area (CTA) arrangements.

Students arriving in the UK by 31 December 2020 will not require a visa but will need to apply for the Settlement Scheme to ensure they are able to complete their studies without requiring a visa. Those arriving from 1 January 2021 will require a visa to enter the UK and will not be eligible for the Settlement Scheme.

For EU/EEA/Swiss students starting a course in 2021/22, the following has been confirmed:

at universities in England, new students will not be eligible for home fee status or financial support from Student Finance England unless: an individual has benefitted from Citizens’ Rights under either the EU Withdrawal Agreement, the EEA EFTA Separation Agreement or Swiss Citizens’ Rights Agreement; an individual is an Irish national living in either the UK or Ireland (due to the Common Travel Area arrangement)
no announcements have yet been made for students wishing to study in Scotland, Wales or Northern Ireland.

For British citizens

British citizens planning to study in the Republic of Ireland will continue to be covered by the Common Travel Area arrangements. Otherwise, the impact of the UK leaving the EU will vary from country to country and it is still dependent on the outcome of the negotiations. UK nationals wishing to study in the EEA and EU may need to register or apply for residency. They also might need to apply for healthcare (see UK government guidance on how Brexit will affect coverage). Additionally, students may need to exchange UK driver’s license for a license from the country where they are living (see UK Government tool for guidance per country)

EU programmes

The possible participation of the UK in future programmes after 2020, including its role in the Erasmus successor programme due to start in 2021, will depend on the outcome of the overall negotiations on the future relationship between the two parties. In its Negotiation Position Document of February 2020, the UK explained it was ready to consider standard third-country participation in certain EU programmes where it was in both sides’ interests. On Erasmus+ specifically, the paper said the UK would consider options for participation in elements of the programme on a time-limited basis, provided the terms were in the UK’s interests.

Further information:

UK Government tool: Choose your country and check the guidance for all UK nationals living in the EU
The European Commission information on Erasmus+ How will Brexit impact the Erasmus+ programme?
UK Government Guidance For Higher Education Providers
UK Government Guidance UK nationals in the EEA and Switzerland: access to higher education and 19+ further education
UK Government Guidance Studying in the UK: guidance for EU students
UK Government Guidance Study in the European Union
Universities UK Changes for EU students in the UK FAQs on fees, immigration, Erasmus+ (updated 10 November 2020)
Universities UK Brexit FAQ webpage
House of Commons Library Briefing International and EU students in higher education in the UK FAQs, 10 August 2020
House of Commons Briefing Paper The Erasmus Programme, 3 February 2020
House of Lords Library In Focus: Erasmus + UK participation post-Brexit, 18 June 2020

Working (including travelling for short-term work)

New rules for travelling for work to the EU, Switzerland, Norway, Iceland and Liechtenstein apply from 1 January 2021. The UK Government has published a country by country guide. As part of the trade negotiations with the EU, the Government are seeking a reciprocal agreement that could allow UK citizens to undertake some business activities in the EU without a work permit, on a short-term basis. The UK Government has set out plans for a points-based immigration system to be introduced from January 2021 after freedom of movement ends. This will be applicable to both EEA and non-EEA nationals.

Negotiations are still ongoing regarding changes to social security coordination and to healthcare coverage.

If you are a business/employer in the UK wanting recruit people from outside the UK from 1 January 2021, you’ll need to have a sponsor licence to hire most workers from outside the UK (see UK Government Guidance on recruiting from outside the UK and Points-based immigration system)

Further information

European Commission Readiness Notice European Work Councils
European Commission Readiness Notice Institutions for occupational retirement provision
European Commission Readiness Notice Posting of workers
UK Government Guidance Get your EEA qualification recognised in the UK from 1 January 2021
European Commission Readiness Notice Regulated professions and the recognition of professional qualifications (2018 Note)
European Commission Readiness Notice: Road transport
UK Government Collection The tourism sector from January 2021
Seasonal Businesses in Travel: Brexit and British outbound tourism Industry Impact Assessment
UK Government Guidance Recruiting people from outside the UK from 1 January 2021
UK Government Guidance Points-based immigration system
UK Government Guidance Run international bus or coach services and tours from 1 January 2021
UK Government Guidance Bus and Coach drivers
UK Government Guidance Points-based immigration system
House of Lords Library: In Focus European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020, 13 November 2020
House of Commons Library Briefing Immigration and Social Security Co-ordination Bill 2019-21: Progress of the Bill, 10 November 2020

Retiring

Citizens will need to tell the UK government office that deals with benefits or UK State Pension if they are moving or retiring abroad. If moving to an EEA state or Switzerland from 1 January 2021 and not covered by the Withdrawal Agreement, entitlement to a pension or benefits from that country will depend on the outcome of negotiations with the EU.

Further information

UK Government Guidance: Benefits and pensions for UK nationals in the EEA or Switzerland
House of Commons Library Briefing Brexit and state pensions, 11 June 2020

Cooperation on legal matters

Civil Justice and Private International law: jurisdiction

International disputes necessitate rules to determine what law applies (‘choice of law’ rules) and what court or courts can and should hear disputes arising out of the relationship (known as ‘rules governing international jurisdiction’). Until the end of the transition period, the Lugano Convention clarifies this issues. Signatories are the EU on behalf of its member states, Denmark (because it has an opt out of justice and home affairs matters under relevant EU treaties), and Iceland, Norway and Switzerland. Lugano contains rules which regulate jurisdiction and the recognition and enforcement of judgments between those countries. The UK applied to become a member of the Lugano Convention on the 8th of April and has received favourable notices from Iceland, Norway and Switzerland. But the EU and Denmark still have to consent to membership.

Cross-border civil and commercial claims

Three EU Regulations deal with cross-border civil and commercial claims, providing standard, simplified procedures for obtaining and/or enforcing orders or judgments in certain types of claims:

From the end of the transition period:

Family law: judicial cooperation in matrimonial matters and parental responsibility

The end of the transition period has implications for aspects of jurisdiction, recognition and enforcement in the areas of divorce, finances and issues affecting children. So far, UK/EU law has provided clarity to families in relation to (a) the reciprocal recognition of divorce in member states; (b) the freedom of movement of international families and their children, allowing smoother childcare arrangements; (c) the recognition and enforcement of maintenance orders; (d) clarity regarding jurisdiction for divorce; (e) consistency of approach in relation to child abduction proceedings

Relating to child maintenance, after the end of the transition period, the “2007 Hague Convention on the International Recovery of Child Support and other Forms of Family Maintenance” deals with the matter at the international level. The UK signed and ratified the Convention in December 2018. It has also passed legislation to ensure it complies with the Convention

As regards divorce proceedings initiated in an EU Member State after the end of the transition period, the 1970 Hague Convention on the recognition of divorces and legal separations deals with the matter at the international level. The UK is party to this Convention, but currently only 12 EU Member States are contracting parties (Cyprus, the Czech Republic, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovakia and Sweden). And the Convention doesn’t apply to civil partnerships or nullity

On child abduction, the 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for international cooperation among States Parties to protect children from the harmful effects of wrongful removal abroad.

Further information

The UK government published a number of notes on preparation for the end of the transition period on parental responsibility, divorce and child maintenance on 30 September.
European Commission Readiness Notice: Civil justice and private international law
UK Government Guidance Cross-border civil and commercial legal cases: guidance for legal professionals from 1 January 2021
European Commission Readiness Notice Company Law
Select Committee on the European Union Security and Justice Sub-Committee Uncorrected oral evidence: Post-Brexit co-operation on civil justice and family law, 15 September 2020 (audition of Lord Keen, Advocate General for Scotland and Spokesperson for the Ministry of Justice in the House of Lords)
EU Justice Sub-Committee in the House of Lords Summary of Key Issues on Family law, March 2020

Travelling

Travelling, including passenger rights, driving into the EU and taking pets

Travelling into and around the EU

Travel to the EU, Switzerland, Norway, Iceland or Liechtenstein will change from 1 January 2021. The UK government outlines four areas that need to be taking into account before travelling

check passport (see information on Documentation [add link to the tile page [Travelling Borders and Documentation]) · get travel insurance that covers healthcare (see UK Government Guidance Foreign travel insurance)
get the right driving documents (see information below)
organise pet travel - contact a vet at least 4 months before travel (see information below)

There are more things to do if travelling for business. For example, going to meetings and conferences, providing services (even with a charity), and touring art or music. (see the UK Government guidance on Business travel: extra requirements)

Further information:

European Commission Readiness Notice TRAVELLING BETWEEN THE UK AND THE EU
UK Government Guidance Visit Europe from the 1 January 2021

Pet Travel

Guidance from the UK government applies to people travelling to the EU with their pet cats, ferrets or dogs, including assistance dogs. Great Britain (England, Scotland and Wales) will become a third country from 1 January 2021. The UK government has applied to the European Commission to be listed. In the EU Pet Travel Scheme, there are 3 categorisations of third country: unlisted; Part 1 listed; Part 2 listed. Pet travel requirements will change depending on what category Great Britain becomes on 1 January 2021.

To make sure pets are able to travel from Great Britain to the EU from 1 January 2021, the UK Government is advising people should contact a vet at least 4 months before travelling to get the latest advice.

For further information · European Commission Readiness Notice TRAVELLING BETWEEN THE UK AND THE EU · UK Government Guidance Pet travel to Europe from 1 January 2021 · Irish Government Department for Agriculture, Food and the Marine Guidance on Movements of Pets between Ireland and the UK · Irish Government Department for Agriculture, Food and the Marine A guidance note for Private Veterinary Practitioners

Passenger rights when travelling by plane, train and boat

Air passengers on a flight departing the UK will have the same passenger rights as before. This is because EU passenger rights legislation was retained in domestic law by the EU Withdrawal Act.

· European Commission Readiness Notice CONSUMER PROTECTION AND PASSENGER RIGHTS

· European Commission Readiness Seminar Presentation Slides “Treatment of UK nationals at the Schengen external borders”

· UK Government Transition website INFORMATION WHEN TRAVELLING TO THE EU

· UK Government Guidance Passenger consumer rights when travelling to the EU from 1 January 2021

· The Money Advice Service webpage Credit card payment protection · The Money Advice Service webpage Brexit scams and personal data

Driving into the EU

UK driving licence holders may need extra documents in order to drive or hire a car in the EU from the 1 January 2021. This could include:

· An International Driving Permit (IDP): It is likely that UK driving licence holders wishing to drive in the EU will need to purchase an IDP, although advice on GOV.UK has not specified which EU countries this will include. Drivers may need separate IDPs for each country they are visiting and are more likely to require one for longer visits. There are two types of IDP used in the EU. Most member states require a 1968 IDP which is valid for three years. Others, including Spain, require a 1949 IDP which is valid for one year. An IDP can be bought up to three months in advance of its use. UK driving licence holders will not need an IDP to drive when visiting Ireland.

A vehicle normally based in a third country must have present a valid Green Card when entering the EU, unless the third country benefits from a Commission decision that exempts it from this requirement. Travellers to the EU from the United Kingdom with a UK-registered vehicle are advised to ensure, prior to travelling, that a Green Card is present in the vehicle, unless they have certainty that the aforementioned Commission decision has been taken. Travellers from the EU to the United Kingdom with an EU-registered vehicle are advised to travel with the Green Card in the vehicle, or query the matter with the authorities in the United Kingdom.

A car insurance ‘green card’: Currently UK vehicle insurance gives UK drivers a minimum of third-party cover to drive their vehicle in EU countries. Insurers may not provide this after 31 December 2020. Those driving to Europe (including Ireland) may need to take a ‘green card’ to prove their car is covered when driving in Europe. Green cards are free and can be acquired by individuals through their insurance company.

· Check the requirements for each of the countries; different places have different requirements (need for an emissions sticker to drive in Germany, for example).

Road traffic accidents in Europe

The UK Government has indicated that UK residents involved in a road traffic accident in an EU or EEA country should not expect to be able to make a claim in respect of that accident via a UK-based Claims Representative or the UK Motor Insurers’ Bureau (see information on the MIB website).

Instead, UK residents may need to bring a claim against either the driver or the insurer of the vehicle country where the accident happened. And that could involve bringing the claim in the local language. In the event of an accident in an EU or EEA country caused by an uninsured or an untraced driver, UK residents may not receive compensation. This scenario could differ depending on the country. Contact your insurer for more information. (see UK Government information on What to do if you are involved in a car accident) · European Commission Readiness Notice TRAVELLING BETWEEN THE UK AND THE EU · UK Government guidance on Guidance Driving in the EU from 1 January 2021 · UK Government guidance on Driving Abroad

Mobile phone roaming

The government has passed a new law means that you’re protected from getting mobile data charges above £45 without you knowing: once you reach £45, you need to opt in to spend more so that you can continue using the internet while you’re abroad. Your phone operator will tell how you can do this. Though this does protect consumers from receiving huge bills unawares, it does not mean that UK operators are not legally entitled to introduce charges. In other words, it will be at the discretion of operators to decide whether they want to introduce charges: it would be a matter for commercial decisions by individual mobile operators.” (see Ofcom answer to Freedom of information request, February 2020, on roaming charges post transition period).

· Operators in the UK have committed or indicated that they will retain free EU mobile roaming after 31 of December

On the EU side:

· Just as in the UK, there would be nothing to stop some EU operators from raising their charges against UK providers. However, EU operators would still have to be mindful that EU citizens visiting the UK might also face higher charges, unless existing agreements between operators are retained.

For further information: · See Ofcom response on roaming charges, February 2020: Ofcom answer to Freedom of information request · UK Government page: Using your mobile in EU and EEA countries after the UK leaves the EU · European Commission Readiness Notice Electronic Communication, including roaming

Travelling: what happens at the border?

Border process for visitors to/from EU and UK from 1 January 2021

This applies to Schengen countries (EU22 countries + Iceland, Liechtenstein, Norway and Switzerland) and to EU member states that are not member of Schengen (Bulgaria, Croatia, Cyprus, Romania)
This does not apply to UK and Irish nationals travelling to/from Ireland and the UK (see Common Travel Area)

Changes from 1 January 2021 for UK nationals

Entry under visa waiver (this means there is no visa required)
ETIAS applicable once operational from 2021/22 - ETIAS – European Travel Information and Authorisation System
- Mandatory pre-clearance permit for Schengen zone visitors who are nationals of countries with Schengen zone visa-waiver status
- Permit costs €7 per person valid for 3 years and allows multiple entries during this time
- Implementation is expected to begin in 2021/22.
In Schengen countries, Max 90 days in Schengen in a 180-day rolling period; in non-Schengen countries members of the EU, Max 90 days in a 180-day rolling period per country (time does not count towards Schengen time limit)
Passport – 6 months validity required on arrival and issued within last 10 years: People will need to check they have at least six months left on their passports and ensure they are less than 10 years old, even if there is six months still to run. This means that extra months added over 10 years do not count towards validity. Therefore, passport must have been issued for less than 9 years and 6 months on the day of arrival.
Unless agreed otherwise, not allowed to use EU/EEA/CH3 border lanes

Changes from 1 January 2021 for EU nationals

Entry under visa waiver
Max 6 months each entry
Passport to be required and valid for duration of stay
National identity card will not be sufficient document for entry during 2021 (start date to be announced by UK Government): this means that EU nationals (excluding Irish nationals) will need a passport to enter the UK
E-gates can still be used if biometric passport used

Non-EU family members of UK nationals living in the UK (information from the Commission Notice on Travelling published 22 November 2019)

What happens before 1 January 2021

Union law gives EU citizens the right to move and reside freely in a Member State other than that of which they are a national. This right extends to non-EU family members who accompany or join an EU citizen in a host Member State. Member States may require non-EU family members of EU citizens exercising their free movement right to obtain an entry visa. The visa concerned is a short-stay visa.

They have the right to obtain a visa free of charge and as soon as possible on the basis of an accelerated procedure. The Member State issuing the visa may only require the non-EU family
members to present their valid passport, a proof of family ties and a proof that the EU citizen is (or will be) exercising free movement rights in that Member State.

What changes

non-EU family members of UK nationals will have to fulfil all the rules1 applicable to third-country nationals. They shall in principle be asked to submit documents to prove that they fulfil these conditions (e.g. proof of accommodation, employment, sufficient means of subsistence, invitation letter or return ticket, documents proving the family member’s economic situation in the country of residence or the genuine intention to leave the territory of the Member States before the expiry of the visa). The maximum length of authorised stay will be limited to 90 days within 180 days counting from 1 January 2021
Where a non-EU family member of a UK national intends to travel as of the 1st of January 2021, and does not already hold a visa, s/he must apply for a short stay visa under the general rules applicable to third-country nationals

Further information

European Commission Brexit readiness seminar: treating UK nationals at the external Schengen borders and related issues
European Commission Readiness Notice (November 2019): Travelling between the EU and UK
UK Government Transition Website: Passport rules for travel to Europe from 1 January 2021
UK Government: visiting the UK for EU/EEA/Swiss citizens
European tourism association FAQ

Day-to-Day Activities

Day-to-day (online) transfers and purchases

Sending a parcel to the EU/receiving a parcel/delivery

At the moment, when somebody send goods or gifts to another country in the EU, they don’t need to go through customs. After the Brexit ‘transition period’ ends on 31st December 2020, the EU may treat exports from the UK as it does from non-EU countries today.

The UK Government has published a notice that explains what happens when somebody imports or export goods by post through Royal Mail or Parcelforce Worldwide. It also applies to gifts received through the post. Most goods arriving in the UK, from outside the UK or EU, are liable to any or all of the following taxes: Customs Duty; Excise Duty; import VAT. These must be paid whether goods are purchased or received as a gift; the goods are new or used (including antiques); the goods are for private use or for re-sale (see UK Government Notice 143).

In terms of consumer protection when purchasing a good online from 1 January 2021, specific protection will depend on the details of any new agreements. Customers are advised to always check the terms of consumer protection offered by the seller and the seller’s EU country to see if the level of protection is different from the UK’s.

European Commission readiness Notice: Online sales (B2C) of goods with subsequent parcel delivery (including aspects of online pharmacies)
UK Government Notice 144: trade imports by post - how to complete customs documents
UK Government Notice 143: a guide for international post users
Royal Mail webpage – After the end of the transition period
Parcelforce Worldwide document: Your guide to getting Brexit ready
European Commission Readiness Notice: Consumer Protection and Passenger Rights

Money transfer and cross-border payments

Transfer of funds from the United Kingdom to the EU in the form of credit transfers and direct debits in euro will continue to be processed under the SEPA (Single Euro Payments Area) after the end of the transition period (this has been officially approved by the European Payment Council’s Decision since 7 March 2019). However, the time taken to process any Euro payments and transfers may increase (see Money Advice Service webpages)

Domestic payments will continue as before. The same is true for international payments by correspondent banks (i.e. two banks that have reciprocal accounts with each other) via Swift. Payments and ATM withdrawals made by the EMV network also will be technically unaffected.

Under EU law bank charges for financial transactions should be the same within EU member states and between EU states. The basic principle is that the charges for financial transactions offered by a payment service provider (your bank) must be the same, for payments of the same value, whether the payment is national (and not your own bank) or cross-border. Customers cannot be charged extra fees (for example, annual fees or once-off charges) for using your card in other EU member states.

The Regulation applies to all electronically-processed payments, including:

Credit transfers
Direct debits
Cash withdrawals at cash dispensers (ATMs)
Debit and credit card payments
Money remittance.

However, UK-authorised entities may not be under the obligation to abide by certain rules protecting payment users, such as the ban on surcharging. This may potentially result in higher fees.

In 2015, the EU imposed a cap of 0.2 per cent on debit card transactions. Since the cap does not apply where either party is located outside the EEA, the UK schemes might be able to raise fees domestically, while UK issuers might also receive higher interchange fees from transactions that involve EEA acquirers. The Treasury could also decide to set its own caps.

Whether UK banks can service customers living in an EEA country is a matter of local law and regulation. Also banks are set up differently, and may have taken different actions to continue to serve their customers. The UK Government advises to contact providers or seek independent financial advice if customers have any concerns (UK Government Guidance Living in Europe)

Further information

Regular border crossing for work (including Gibraltar)

Security & Data protection

Data Protection

This section is particularly relevant to UK businesses and organisations that rely on international data flows, target European customers or operate inside the EEA (there is a list of links to further detailed information from the UK Government, the European Commission and the ICO (Information Commissioner’s Office)

Receiving personal data from the EU/EEA and already adequate third countries

The EU is currently carrying out a data adequacy assessment of the UK. The UK government is confident that adequacy decisions can be concluded by the end of the transition period (UK Government Transition Website). These adequacy decisions would allow for the free flow of personal data from the EU/EEA to the UK to continue without any further action.

However, if there is a delay in the adequacy decision or this assessment is not successful, organisations will be required to put in place alternative transfer mechanisms to ensure that data can continue to legally flow from the EU/EEA to the UK. For most organisations, the most relevant of these will be Standard Contractual Clauses (SCCs) with EU counterparts. The UK Government advises to look at the information provided by the ICO (Information Commissioner’s Office): Data Protection at the end of the transition period.

For personal data flows from the UK, the UK Government states that there are currently no changes to the way you send personal data to the EU, EEA, Gibraltar and other countries deemed adequate by the EU. If this situation changes, we will update this page (UK Government Transition Website).

Appointing a European Representative

UK-based controller or processor with no offices, branches or other establishments in the EEA and who offer goods or services to individuals in the EEA or monitoring the behaviour of individuals in the EEA may have to appoint a European representative (See the ICO’s information page on European Representatives).

If the organization does not have any EEA offices, branches or other establishments, and intends to continue offering the goods and services after the end of the transition period, it will need to consider:

1. in which EU or EEA state your representative will be based and put in place an appropriate written mandate for that representative to act on your behalf.

2. Information about the representative should be provided to data subjects (in the privacy notice). It should also be made easily accessible to supervisory authorities (by publishing it on the organization’s website)

For all necessary information, wee the ICO’s information page on European Representatives.

GDPR

The GDPR is an EU Regulation and, in principle, it will no longer apply to the UK from the end of the transition period. However, if you operate inside the UK, you will need to comply with UK data protection law. The government has said that it intends to incorporate the GDPR into UK data protection law from the end of the transition period – so in practice there will be little change to the core data protection principles, rights and obligations found in the GDPR (UK Government Transition Website).

The EU version of the GDPR may also still apply directly to you if you operate in Europe, offer goods or services to individuals in Europe, or monitor the behaviour of individuals in Europe.

The GDPR will still apply to any organisations in Europe who send you data, so you may need to help them decide how to transfer personal data to the UK in line with the GDPR.

Further information:

UK Government Transition website Using personal data in your business or other organisation
Information Commissioner’s Office: Data Protection at the end of the transition period
European Commission Readiness Notice Data protection
European Commission Readiness Notice Geo-blocking
European Commission Readiness Notice Security of network and information systems
European Commission Readiness Notice Electronic identification and trust services for electronic transactions

Crime & Security

Agriculture, farming & fishing

Agriculture & Farming

Fisheries

Sports, Hunting & Culture

Sports, Hunting & Cultural Goods

Travelling for work

New rules for travelling for work to the EU, Switzerland, Norway, Iceland and Liechtenstein apply from 1 January 2021. The UK Government has published a country by country guide (see UK Government country by country guide). As part of the trade negotiations with the EU, the Government are seeking a reciprocal agreement that could allow UK citizens to undertake some business activities in the EU without a work permit, on a short-term basis. As reported by the British Film Institute (BFI), the Government has said it is unable to comment on the detail of these arrangements as discussions are ongoing (see BFI briefing).

The UK Government has set out plans for a points-based immigration system to be introduced from January 2021 after freedom of movement ends. This will be applicable to both EEA and non-EEA nationals.

Those moving to the UK for permanent employment, such as many vfx roles, must have a job offer in a high-skilled profession and must be able to speak English. They must then reach a ‘points’ threshold via a combination of salary level (which must always be above £20,480), level of qualification and whether they are working in an occupation with recognised skills shortages. Employers in the screen sectors will be required to pay an immigration skills charge as well as an NHS surcharge to bring these workers in. The current cap on places for this route will be removed.
Those moving to the UK for temporary work (such as to join a film or HETV production) must adhere to the tier 5 (creative and sporting) visa system currently in place for non-EEA nationals. This requires a job offer from a recognised sponsor. However, if the UK treats EEA citizens as ‘non-visa nationals’ as expected (see below), they will be able to travel to the UK to work for up to three months without a visa if other documentation is provided

Further Information:

UK Government Visa & Immigration information: Tier 5 (Temporary Worker - Creative and Sporting) concession
Read the Incorporated Society of Musicians (ISM) guidance on contracts, travelling and equipment transport after the end of the transition period: ISM Advice center on Brexit

EU Funding

EU Funding

The end of the transition period coincides with the end of the EU spending Framework. Any funding awarded under the 2014-2020 EU funding Framework will still be accessed, even after the end of the transition period. However, it has not yet been decided what funding UK organisations will be able to apply for after the spending framework ends.

The Political Declaration states that “the Parties will establish general principles, terms and conditions for the United Kingdom’s participation in Union programmes” (Article 11). The language is mirrored word for word in the European Commission Negotiation Directives for its mandate in the negotiations on the future relationship (Article 14). The UK’s Negotiation documentoutlines that it will seek participation “in line with non-EU Member State participation with the following programmes: Horizon Europe, Euratom Research and Training, and Copernicus; service access agreements for the following programmes: EU Space Surveillance and Tracking, and the European Geostationary Navigation Overlay Service; and explore options for participation in elements of Erasmus+ on a time-limited basis.”

As agreed in the Withdrawal Agreement, the UK will take part in the Peace Plus programme under the next EU spending framework.

For Further information:

UK Government Transition website GETTING EU FUNDING(list of the EU funding programmes and how these will be affected)

Scottish Government webpage listing programmes that have been identified as having Scottish stakeholders (list of the EU funding programmes and how these will be affected)

House of Commons Library Research Briefing EU funding in the UK, 11 September 2020

For the specifics on Universities access to funding and funding Research and Development, see the UK universities FQAs webpage onBrexitand the House of Lords Library In Focus Funding science research in universities, 25 August 2020. If the UK does not associate to Horizon Europe, UK applicants would remain eligible to participate in most collaborative Horizon Europe on a self-funded (‘third country’) basis, but would no longer be eligible to participate in single-beneficiary calls like the European Research Council and Marie Sklodowska-Curie Actions. In the Research and Development Roadmap, published in July 2020, it was confirmed that funding will be made available to support participation by UK researchers in Horizon Europe projects as a third country. The government will also establish a ‘Discovery Fund’ to support researchers at all career stages to pursue discovery-led, ground-breaking research, as well as scaling up prestigious domestic grant schemes that already exist.

Regarding the Common Agricultural Policy and Farmers’ direct payments, see the information on Agriculture after the end of the transition period. TheDepartment of Agriculture, Environment and Rural Affairs (DAERA) has also published a Q&A: Brexit CAP, funding & payments questions & answers - What difference will Brexit make?

Summary

Trading in goods (including import/expert, customs, rules of origin, VAT, labels and certification, chemicals and medicines

Provisions for trade in services, including financial services

E-commerce & .eu Domain names

e-Commerce

The eCommerce Directive applies to ‘information society services’. This covers the vast majority of online/information society service providers (for example, online platforms and online retailers, video sharing sites, search tools/engines, social media platforms and internet service providers).

These are defined as any service that is normally provided:

for payment, including indirect payment such as advertising revenue
‘at a distance’ (where customers can use the service without the provider being present)
by electronic means, and
at the individual request of a recipient of the service

After the end of the transition period, information society service providers established in the United Kingdom will no longer be able to rely on the country-of origin principle and said rule precluding prior authorisation schemes. As a consequence, the provisions of the Directive on electronic commerce will no longer limit the possibility for each EU Member State to subject the provision of such services to its national rules, including, for instance, prior authorisation schemes or rules on information to be provided to users.

Moreover, the limitations of liability set out in the Directive on electronic commerce no longer apply to intermediary service providers established in the United Kingdom (see European Commission Readiness Notice)

The rules that you may need to start following relating to online:

information
advertising
shopping
contracting

UK online service providers may also become subject to ‘prior authorisation’ schemes, such as licensing requirements, in EEA countries where they operate. (see UK Government transition website).

The Financial Conducts Authority (FCA) in the UK advises that “firms should contact local regulators in other EEA states to check if other methods are available. UK firms will need to:

decide on their approach to servicing existing consumers, and
take the steps available to them to continue to service consumers in accordance with local law and local regulators’ expectations."

Further information:

European Commission Readiness Notice: Electronic commerce and net neutrality
UK Government Transition website: The eCommerce Directive after the transition period
The Financial Conduct Authority (FCA) in the UK advice to UK Firms operating in EEA and the EEA firms operating in the UK: eCommerce Directive – changes at the end of the transition period
European Commission Readiness Notice: Electronic identification and trust services for electronic transactions
European Commission Readiness Notice: Data protection
European Commission Readiness Notice: Geo-blocking
European Commission Readiness Notice: Security of network and information systems
UK Government Transition website: Using personal data in your business or other organisation
Information Commissioner’s Office: Data Protection at the end of the transition period

.eu Domain names

From 1 January 2021, you’ll no longer be able to register or renew .eu domain names if:

Your organisation, business or undertaking is established in the UK but not in the EU/European Economic Area (EEA) or

You live outside of the EU/EEA (including in the UK) and are not an EU/EEA citizen

You can only register or hold .eu domain names if you are:

an EU/EEA citizen, independently of where you live (including if you live in the UK)
not an EU/EEA citizen but resident in the EU/EEA
an organisation, business or undertaking that is established in the EU/EEA

You may still satisfy the eligibility criteria if you have your registered office, central administration, or principal place of business within the EU/EEA, are established within the EU/EEA, or are a natural person resident in the EU/EEA

Further information:

UK Government Transition website: .eu domain names - what you need to do
European Commission Readiness Notice: .eu domain names

Road haulage

Road Transport (notably Haulage)

Licences, permits and registration

Customs declaration

Infrastructure at Ports and Tunnel

Further information

UK Government Guidance Transporting goods between Great Britain and the EU from 1 January 2021: guidance for hauliers and commercial drivers
UK Government Guidance International road haulage permits: ECMT permits 2021
UK Government Guidance Carry out international road haulage from 1 January 2021
UK Government Guidance Driving in the EU from 1 January 2021: lorry and goods vehicles drivers
UK Government Guidance Driving in the EU from 1 January 2021: bus and coach drivers
European Commission Readiness Notice Customs, including preferential origin
European Commission Notice to Stakeholders EU rules on tachographs in road transport
European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU: Internal EU27 preparatory discussions on the framework for the future relationship (February 2018)
European Commission Transport Directorate resource page on transport (Pre Withdrawal Agreement)
UK Government Report (138 pages) Border and Protocol Delivery Group – October 2020: The Border with the European Union Importing and Exporting Goods
House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.
Two panels of witnesses give evidence on traffic management in and out of Kent to the House of Lords EU Goods Sub-Committee:

- House of Lords Select Committee on the European Union EU Goods Sub-Committee Uncorrected oral evidence: Traffic management preparations for the end of the transition 23 November 2020 (panel 1)

- House of Lords Select Committee on the European Union EU Goods Sub-Committee Uncorrected oral evidence: Traffic management preparations for the end of the transition Monday 23 November 2020 (panel 2)
House of Commons Select Committee on the Future Relationship between the UK and the EU Committee examines Government preparations for post-transition border operations, 11 November 2020
House of Lords Select Committee on the European Union EU Goods Sub-Committee Lords EU Committee Evidence from port and Channel Tunnel operators, 13 November 2020

Aviation

Airline Ownership and Control

Under EU law, air operators must fulfil certain ownership and control (O&C) criteria in order to be classified as an EU air carrier

Aviation Safety

Passenger Security

Recommendations from the UK Government and the European Commission include (see further information below):

Consider what contingency plans will need to be in place in the event of existing levels of market access no longer being available.
Where you have not already done so, take appropriate measures to ensure you comply with ownership and control requirements post-transition.
Airlines and other operators in the aviation industry should ensure suppliers of products and services in their supply chain have the appropriate certification in accordance with EU rules.
Ensure compliance of aviation personnel with EU certification requirements as of the end of the transition period.

Further information

European Commission Readiness Notice Air transport
European Commission Readiness Notice Aviations security and maritime security
European Commission Readiness Notice EU aviation safety rules
European Commission Readiness Notice Consumer protection and passenger rights
UK Government Guidance Prepare to work and operate in the European aviation sector from 1 January 2021
UK Government Guidance Aviation security for cargo from 1 January 2021
House of Lords European Union Select Committee Brexit: road, rail and maritime Transport, 39th Report of Session 2017-19 - published 21 May 2019 – House of Lords Paper 355
House of Lords Research Briefing Leaving the European Union Aviation Safety Agency, 12 March 2020 · House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.
House of Commons Library Briefing Airport slots, 27 November 2020

Maritime Transport

Sea transport falls largely under international law; nevertheless, when the transition period comes to an end on 31 December 2020, there will be significant changes.

The European Commission advises the following to operators in the maritime transport sector:

Operators of shipping services should assess whether they are affected by the change in market access rights and take the necessary precautionary steps when selling shipping services after the end of the transition period
Operators of vessels flying the flag of an EU Member State should ensure that certificates issued to seafarers in the United Kingdom are recognised in the EU in accordance with the appropriate procedure.

Further information

European Commission Readiness Notice: Maritime transport
European Commission Environment Directorate-General Information page on Waste Shipments
European Commission Readiness Notice: Aviation security and maritime security
UK Government Guidance Recognition of seafarer certificates of competency from 1 January 2021
· UK Government Guidance Getting an exemption from maritime security notifications from 1 January 2021
· UK Government Guidance Hiring crew for ships and yachts: Certificates of Competency
House of Lords European Union Select Committee Brexit: road, rail and maritime Transport, 39th Report of Session 2017-19 - published 21 May 2019 – House of Lords Paper 355
House of Lords Library In Focus EU Committee report: Road, rail and maritime transport, 17 September 2020
House of Lords Motion to Take Note Brexit: Road, Rail and Maritime Transport (EUC Report), Moved by Lord Whitty. Volume 805: debated on Monday 21 September 2020
House of Commons Library Briefing The UK-EU future relationship negotiations: Transport, 26 May 2020.

Energy (including Civil Nuclear)

Energy

Further Information

European Commission Readiness Notice Guarantees of origin of electricity from renewable energy sources
UK Government Guidance Trading electricity from 1 January 2021
European Commission Readiness Notice Guarantees of origin of electricity from renewable sources
Ofgem Information to Industry Preparing for EU exit: licence and industry code modifications
House of Commons Library Research Briefing Brexit: energy and climate change, June 2020
House of Lords European Union Committee Scrutiny of international agreements: three agreements on the Channel Fixed Link, and one agreement on the Energy Charter Treaty, 2 October 2020
House of Commons Library Analysis of the Environment Bill 2019-20, March 2020

Civil nuclear - Euratom

European Commission Readiness Notice Euratom
UK Government Guidance Participating in EU nuclear research from 1 January 2021
House of Commons Library Research Briefing Brexit: energy and climate change, June 2020

Environment & Climate Change (including Chemichals)

Climate and environment

European Commission Readiness Notice Community eco-management and audit scheme (EMAS)
European Commission Readiness Notice EU emissions trading system (EU ETS)
European Commission Readiness Notice EU ecolabels
European Commission Readiness Notice Fluorinated greenhouse gases
European Commission Readiness Notice Genetically modified organisms
European Commission Readiness Notice Monitoring and verification of Monitoring and verifying CO2 emissions from maritime transport
UK Government Guidance Meeting climate change requirements from 1 January 2021
House of Lords Library In Focus Type approval and carbon dioxide emissions regulations 2020, 11 November 2020
House of Commons Library Analysis of the Environment Bill 2019-20, March 2020

Chemicals

Health and Safety Executive (HSE) Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) regulation at the end of the transition period
European Chemicals Agency (ECHA) How will the UK Withdrawal Affect you?
UK Government Collection Chemicals sector: end of transition period guidance
House of Lords EU Environment Sub-Committee Oral Evidence Chemicals Regulation post-Brexit, 7 October 2020

Agriculture, plants and animals and SPS

Travelling, including passenger rights, driving into the EU and taking pets

Travelling into and around the EU

Travel to the EU, Switzerland, Norway, Iceland or Liechtenstein will change from 1 January 2021. The UK government outlines four areas that need to be taking into account before travelling

check passport (see information on Documentation [add link to the tile page [Travelling Borders and Documentation]) · get travel insurance that covers healthcare (see UK Government Guidance Foreign travel insurance)
get the right driving documents (see information below)
organise pet travel - contact a vet at least 4 months before travel (see information below)

Further information:

European Commission Readiness Notice TRAVELLING BETWEEN THE UK AND THE EU

UK Government Guidance Visit Europe from the 1 January 2021

Pet Travel

Guidance from the UK government applies to people travelling to the EU with their pet cats, ferrets or dogs, including assistance dogs. Great Britain (England, Scotland and Wales) will become a third country from 1 January 2021. The UK government has applied to the European Commission to be listed. In the EU Pet Travel Scheme, there are 3 categorisations of third country: unlisted; Part 1 listed; Part 2 listed. Pet travel requirements will change depending on what category Great Britain becomes on 1 January 2021.

Passenger rights when travelling by plane, train and boat

Air passengers on a flight departing the UK will have the same passenger rights as before. This is because EU passenger rights legislation was retained in domestic law by the EU Withdrawal Act.

· European Commission Readiness Notice CONSUMER PROTECTION AND PASSENGER RIGHTS

· European Commission Readiness Seminar Presentation Slides “Treatment of UK nationals at the Schengen external borders”

· UK Government Transition website INFORMATION WHEN TRAVELLING TO THE EU

· UK Government Guidance Passenger consumer rights when travelling to the EU from 1 January 2021

· The Money Advice Service webpage Credit card payment protection · The Money Advice Service webpage Brexit scams and personal data

Driving into the EU

Road traffic accidents in Europe

Mobile phone roaming

· The current “guarantee of free mobile phone roaming” throughout the EU, Iceland, Liechtenstein and Norway “will end” on 1st January 2021. Providers and customers of electronic communications services are advised to prepare for the end of the “roam like-at-home” provisions between the European Union and the United Kingdom as well as of the end of the price cap of regulated intra-EU communications.

· Regulation (EU) No 531/2012 regulates roaming on public mobile communications networks within the Union. Consumers with contracts in the European Union are not charged extra for using their phone for calls, sms or surfing while travelling in another EU Member State (EU rules cover data services, voice calls and SMS). Every existing or new contract that includes roaming services is, by default, a roam like at home contract.

· But, on the 1st of January, customers will no longer benefit from the EU rules on the retail obligation of their roaming provider not to levy any surcharge in addition to the domestic retail price on them for the use within the European Union and the EEA countries (Iceland, Liechtenstein and Norway of roaming services (calls made or received, SMS messages sent and data services)

On the UK side:

· The government has passed a new law means that you’re protected from getting mobile data charges above £45 without you knowing: once you reach £45, you need to opt in to spend more so that you can continue using the internet while you’re abroad. Your phone operator will tell how you can do this. Though this does protect consumers from receiving huge bills unawares, it does not mean that UK operators are not legally entitled to introduce charges. In other words, it will be at the discretion of operators to decide whether they want to introduce charges: it would be a matter for commercial decisions by individual mobile operators.” (see Ofcom answer to Freedom of information request, February 2020, on roaming charges post transition period).

· Operators in the UK have committed or indicated that they will retain free EU mobile roaming after 31 of December

On the EU side:

· Just as in the UK, there would be nothing to stop some EU operators from raising their charges against UK providers. However, EU operators would still have to be mindful that EU citizens visiting the UK might also face higher charges, unless existing agreements between operators are retained.

For further information: · See Ofcom response on roaming charges, February 2020: Ofcom answer to Freedom of information request · UK Government page: Using your mobile in EU and EEA countries after the UK leaves the EU · European Commission Readiness Notice Electronic Communication, including roaming

Travelling: what happens at the border

Border process for visitors to/from EU and UK from 1 January 2021

This applies to Schengen countries (EU22 countries + Iceland, Liechtenstein, Norway and Switzerland) and to EU member states that are not member of Schengen (Bulgaria, Croatia, Cyprus, Romania)
This does not apply to UK and Irish nationals travelling to/from Ireland and the UK (see Common Travel Area)

Changes from 1 January 2021 for UK nationals

Entry under visa waiver (this means there is no visa required)
ETIAS applicable once operational from 2021/22 - ETIAS – European Travel Information and Authorisation System
- Mandatory pre-clearance permit for Schengen zone visitors who are nationals of countries with Schengen zone visa-waiver status
- Permit costs €7 per person valid for 3 years and allows multiple entries during this time
- Implementation is expected to begin in 2021/22.
In Schengen countries, Max 90 days in Schengen in a 180-day rolling period; in non-Schengen countries members of the EU, Max 90 days in a 180-day rolling period per country (time does not count towards Schengen time limit)
Passport – 6 months validity required on arrival and issued within last 10 years: People will need to check they have at least six months left on their passports and ensure they are less than 10 years old, even if there is six months still to run. This means that extra months added over 10 years do not count towards validity. Therefore, passport must have been issued for less than 9 years and 6 months on the day of arrival.
Unless agreed otherwise, not allowed to use EU/EEA/CH3 border lanes

Changes from 1 January 2021 for EU nationals

Entry under visa waiver
Max 6 months each entry
Passport to be required and valid for duration of stay
National identity card will not be sufficient document for entry during 2021 (start date to be announced by UK Government): this means that EU nationals (excluding Irish nationals) will need a passport to enter the UK
E-gates can still be used if biometric passport used

Non-EU family members of UK nationals living in the UK (information from the Commission Notice on Travelling published 22 November 2019)

What happens before 1 January 2021

They have the right to obtain a visa free of charge and as soon as possible on the basis of an accelerated procedure. The Member State issuing the visa may only require the non-EU family
members to present their valid passport, a proof of family ties and a proof that the EU citizen is (or will be) exercising free movement rights in that Member State.

What changes

non-EU family members of UK nationals will have to fulfil all the rules1 applicable to third-country nationals. They shall in principle be asked to submit documents to prove that they fulfil these conditions (e.g. proof of accommodation, employment, sufficient means of subsistence, invitation letter or return ticket, documents proving the family member’s economic situation in the country of residence or the genuine intention to leave the territory of the Member States before the expiry of the visa). The maximum length of authorised stay will be limited to 90 days within 180 days counting from 1 January 2021
Where a non-EU family member of a UK national intends to travel as of the 1st of January 2021, and does not already hold a visa, s/he must apply for a short stay visa under the general rules applicable to third-country nationals

Further information

European Commission Brexit readiness seminar: treating UK nationals at the external Schengen borders and related issues
European Commission Readiness Notice (November 2019): Travelling between the EU and UK
UK Government Transition Website: Passport rules for travel to Europe from 1 January 2021
UK Government: visiting the UK for EU/EEA/Swiss citizens
European tourism association FAQ

Day-to-day (online) transfers and purchases

Sending a parcel to the EU/receiving a parcel/delivery

European Commission readiness Notice: Online sales (B2C) of goods with subsequent parcel delivery (including aspects of online pharmacies)
UK Government Notice 144: trade imports by post - how to complete customs documents
UK Government Notice 143: a guide for international post users
Royal Mail webpage – After the end of the transition period
Parcelforce Worldwide document: Your guide to getting Brexit ready
European Commission Readiness Notice: Consumer Protection and Passenger Rights

Money transfer and cross-border payments

The Regulation applies to all electronically-processed payments, including:

Credit transfers
Direct debits
Cash withdrawals at cash dispensers (ATMs)
Debit and credit card payments
Money remittance.

However, UK-authorised entities may not be under the obligation to abide by certain rules protecting payment users, such as the ban on surcharging. This may potentially result in higher fees.

Further information

Regular border crossing for work (including Gibraltar)

Living, studying, working and retiring in the EU

Living, Studying, Working and Retiring in the EU/in the UK

Moving to an EEA state or Switzerland/Moving to the UK from 1 January 2021

Further information:

UK Government Transition website Living and working in the UK check
UK Government Transition website Living in Europe guidance
The UK Government has published guidance for each of the 27 member states of the EU: it contains official information for UK nationals moving to or living in any given EU country, including guidance on residency, healthcare, passports and the Withdrawal Agreement: Search through the guidance and regulations on the UK Government Transition Website
UK Government Guidance: Points-based immigration system
House of Commons Library Briefing: Family visa requirements: future changes affecting British citizens in the EU, 3 November 2020
Irish Government information on living and working in the UK

Studying

EU/EEA students studying in the UK

For EU/EEA/Swiss students starting a course in 2021/22, the following has been confirmed:

at universities in England, new students will not be eligible for home fee status or financial support from Student Finance England unless: an individual has benefitted from Citizens’ Rights under either the EU Withdrawal Agreement, the EEA EFTA Separation Agreement or Swiss Citizens’ Rights Agreement; an individual is an Irish national living in either the UK or Ireland (due to the Common Travel Area arrangement)
no announcements have yet been made for students wishing to study in Scotland, Wales or Northern Ireland.

For British citizens

EU programmes

Further information:

UK Government tool: Choose your country and check the guidance for all UK nationals living in the EU
The European Commission information on Erasmus+ How will Brexit impact the Erasmus+ programme?
UK Government Guidance For Higher Education Providers
UK Government Guidance UK nationals in the EEA and Switzerland: access to higher education and 19+ further education
UK Government Guidance Studying in the UK: guidance for EU students
UK Government Guidance Study in the European Union
Universities UK Changes for EU students in the UK FAQs on fees, immigration, Erasmus+ (updated 10 November 2020)
Universities UK Brexit FAQ webpage
House of Commons Library Briefing International and EU students in higher education in the UK FAQs, 10 August 2020
House of Commons Briefing Paper The Erasmus Programme, 3 February 2020
House of Lords Library In Focus: Erasmus + UK participation post-Brexit, 18 June 2020

Working (including travelling for short-term work)

Negotiations are still ongoing regarding changes to social security coordination and to healthcare coverage.

Further information

European Commission Readiness Notice European Work Councils
European Commission Readiness Notice Institutions for occupational retirement provision
European Commission Readiness Notice Posting of workers
UK Government Guidance Get your EEA qualification recognised in the UK from 1 January 2021
European Commission Readiness Notice Regulated professions and the recognition of professional qualifications (2018 Note)
European Commission Readiness Notice: Road transport
UK Government Collection The tourism sector from January 2021
Seasonal Businesses in Travel: Brexit and British outbound tourism Industry Impact Assessment
UK Government Guidance Recruiting people from outside the UK from 1 January 2021
UK Government Guidance Points-based immigration system
UK Government Guidance Run international bus or coach services and tours from 1 January 2021
UK Government Guidance Bus and Coach drivers
UK Government Guidance Points-based immigration system
House of Lords Library: In Focus European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020, 13 November 2020
House of Lords Library In Focus Draft Reciprocal and Cross-Border Healthcare (Amendment etc) (EU Exit) Regulations 2020, 13 November 2020
House of Commons Library Briefing Immigration and Social Security Co-ordination Bill 2019-21: Progress of the Bill, 10 November 2020

Retiring

Further information

UK Government Guidance: Benefits and pensions for UK nationals in the EEA or Switzerland
House of Commons Library Briefing Brexit and state pensions, 11 June 2020

Cooperation on legal matters

Civil Justice and Private International law: jurisdiction

Cross-border civil and commercial claims

Three EU Regulations deal with cross-border civil and commercial claims, providing standard, simplified procedures for obtaining and/or enforcing orders or judgments in certain types of claims:

From the end of the transition period:

EEOs, EOPs and ESCP judgments issued by EU member state courts will no longer be recognised or enforceable in the UK
UK courts will be unable to certify judgments as EEOs, issue EOPs or ESCP judgments. Claims which would have been capable of being pursued in the UK under the EOP or ESCP Regulations prior to the end of the transition period will need to be made in the appropriate court as ordinary civil claims. (see UK Government Guidance)

Family law: judicial cooperation in matrimonial matters and parental responsibility

Further information

The UK government published a number of notes on preparation for the end of the transition period on parental responsibility, divorce and child maintenance on 30 September.
European Commission Readiness Notice: Civil justice and private international law
UK Government Guidance Cross-border civil and commercial legal cases: guidance for legal professionals from 1 January 2021
European Commission Readiness Notice Company Law
Select Committee on the European Union Security and Justice Sub-Committee Uncorrected oral evidence: Post-Brexit co-operation on civil justice and family law, 15 September 2020 (audition of Lord Keen, Advocate General for Scotland and Spokesperson for the Ministry of Justice in the House of Lords)
EU Justice Sub-Committee in the House of Lords Summary of Key Issues on Family law, March 2020

Sports, hunting and cultural goods

Sports, Hunting and Culture

Travelling for work into the UK

The UK Government has set out plans for a points-based immigration system to be introduced from January 2021 after freedom of movement ends. This will be applicable to both EEA and non-EEA nationals.

Those moving to the UK for permanent employment, such as many vfx roles, must have a job offer in a high-skilled profession and must be able to speak English. They must then reach a ‘points’ threshold via a combination of salary level (which must always be above £20,480), level of qualification and whether they are working in an occupation with recognised skills shortages. Employers in the screen sectors will be required to pay an immigration skills charge as well as an NHS surcharge to bring these workers in. The current cap on places for this route will be removed.
Those moving to the UK for temporary work (such as to join a film or HETV production) must adhere to the tier 5 (creative and sporting) visa system currently in place for non-EEA nationals. This requires a job offer from a recognised sponsor. However, if the UK treats EEA citizens as ‘non-visa nationals’ as expected (see below), they will be able to travel to the UK to work for up to three months without a visa if other documentation is provided

Further Information:

UK Government Visa & Immigration information: Tier 5 (Temporary Worker - Creative and Sporting) concession
Read the Incorporated Society of Musicians (ISM) guidance on contracts, travelling and equipment transport after the end of the transition period: ISM Advice center on Brexit

Culture and cultural goods

The UK will not be seeking to participate in the next Creative Europe MEDIA programme which will start in January 2021. Under the terms of the Withdrawal Agreement, the UK will continue to participate in the current Creative Europe programme until it ends in December 2020. All UK projects that have already secured funding will continue to receive funding as normal, even where their funded activity is set to take place after December 2020.

All co-production agreements including the bi-lateral co-production treaties and the European Convention on Cinematographic Co-Production signed by the UK will remain in place after Brexit. The European Convention on Cinematographic Co-Production is governed by the Council of Europe, not the European Union, and the UK will continue to be a party to the Convention. In addition, on 7 February 2019 the UK Government officially signed the revised Convention.

In terms of the movement of goods, the Political Declaration on the future relationship between the UK and the EU recognised the importance of temporary movement of objects and equipment for ongoing cultural cooperation. But negotiations are still ongoing.

On copyright and related rights, the UK and other EU Member States are party to the main international treaties. There is also a body of EU law on copyright and related rights that goes beyond the provisions of the international treaties, including several cross-border copyright mechanisms. These mechanisms are unique to the EU and provide reciprocal protections and benefits between EU Member States.

For more information on the changes, see the European Commission Readiness Notices on exhaustion of intellectual property rights and copyright.

Further information

European Commission readiness Notice: Audiovisual media services
UK Government Guidance: Broadcasting and video on-demand from 1 January 2021
OFCOM Frequently asked questions on linear television services and video on demand services after Brexit
British Film Institute (BFI): Brexit and the end of the transition period: Answering questions from the screen sectors
European Commission readiness Notice Copyright
European Commission readiness Notice Exhaustion of intellectual property rights
European Commission Readiness Notice Cultural goods
UK Government Transition website: Collection: The arts, culture and heritage sectors from January 2021
UK Government Guidance Exporting or importing objects of cultural interest from 1 January 2021
UK Government Collection The creative industries sector from January 2021
UK Government Collection The art market sector from January 2021

Sports and hunting

Racing

The Thoroughbred Industries Brexit Steering Group has issued a warning that there will be additional friction in moving thoroughbreds through key ports from 1 January, with the potential for initial disruption. (see The Thoroughbred Industries Brexit Steering Group statement from November 2020). he current negotiations between the UK and the EU on a future trade relationship may resolve outstanding points of detail, but as things stand confirmation on a number of matters is still pending:

The UK’s status as a third country listing for animal health purposes following the end of the transition period
Authorisations to allow British transporters to operate within the EU and EU operators to operate in the UK
Recognition of the General Stud Book, (along with all other Stud Books and Breeding Books of all species), which identifies thoroughbreds and allows their movement as Registered horses.

Further Information:

European Commission Readiness Notice: Movement of live animal
European Commission Readiness Notice: Firearms
European Commission Readiness Notice: Recreational craft and personal watercraft (boats)
European Commission Readiness Notice: Trade in Protected Species of Wild Fauna and Flora
UK Government Collection: The sports and recreation sector from January 2021
UK Government Transition website: Export horses and ponies from Great Britain to the EU
The Thoroughbred Industries Brexit Steering Group: website and statements on Brexit

Data Protection

Data protection

Receiving personal data from the EU/EEA and already adequate third countries

Appointing a European Representative

For all necessary information, wee the ICO’s information page on European Representatives.

GDPR

Further information:

UK Government Transition website Using personal data in your business or other organisation
Information Commissioner’s Office: Data Protection at the end of the transition period
European Commission Readiness Notice Data protection
European Commission Readiness Notice Geo-blocking
European Commission Readiness Notice Security of network and information systems
European Commission Readiness Notice Electronic identification and trust services for electronic transactions

Crime and security

Until the end of the transition period, the UK continues to participate in a range of EU law enforcement and criminal justice (LECJ) cooperation schemes. In January 2020, the UK ratified a withdrawal agreement (WA) with the EU and a separation agreement (SA) with the EFTA states Norway, Iceland and Liechtenstein. The agreements included separation provisions relating to the continuation of law enforcement and security cooperation at the end of the transition period.

However, the UK and the EU are still negotiating the future relationship on law enforcement and criminal justice matters. Without an agreement, the UK would no longer be able to use or participate in EU law enforcement and criminal justice tools and mechanisms following the end of the Transition Period. Some new limits on a security relationship will apply whether or not a deal is done before the end of the year - in particular because the UK does not want to be bound directly by the jurisdiction of the European Court of Justice (ECJ). Many of the instruments for judicial cooperation and criminal justice matters fall under the jurisdiction of the ECJ. A number of areas are concerned: data rules, the European Arrest Warrant, a redefined role in Europol, and access to data – but the UK would have to accept the jurisdiction of the European Court of Justice ECJ on disputes over data and privacy to get the same level of access to shared data.

The UK is currently in the process of adopting regulations that relate to the continuation of law enforcement and criminal justice cooperation between the UK and the EU27 and some European Free Trade Association (EFTA) member states after the end of the transition period. The regulations were created and laid before Parliament on 13 October 2020.

The instrument contains 50 regulations relating to a range of law enforcement and security issues, including:

cross-border surveillance
extradition
exchange of information and intelligence between law enforcement authorities; · EU agencies Eurojust and Europol
EU security databases, such as the Schengen Information System (SIS) and the European Criminal Record Information System (ECRIS).

The government has indicated that it is prepared for the event of a no deal. It would seek to:

Maximise the UK’s use of Interpol, including for exchanging alerts for wanted persons or those of law enforcement interest.
Use Council of Europe Conventions, rather than EU instruments, in areas such as extradition and mutual legal assistance.
Continue to use of bilateral channels and other multilateral mechanisms outside EU structures, including for counter terrorism cooperation (see Minister of State for Crime and Policing letter October 2020).

Further information

House of Lords Select Committee on the European Union EU Security and Justice Sub-Committee Oral evidence: Post-Brexit policing and security in Northern Ireland, 17 November 2020
House of Lords Select Committee on the European Union EU Security and Justice Sub-Committee Oral evidence: Post-Brexit police co-operation, 3 November 2020
House of Lords Select Committee on the European Union Security and Justice Sub-Committee Corrected oral evidence: Future UK-EU foreign policy and defence co-operation, 22 September 2020
Response from Kit Malthouse MP Minister of State for Crime and Policing regarding the Government’s preparations for the end of the Transition Period on law enforcement and criminal justice matters, October 2020
European Commission, Task Force for Relations with the United Kingdom Internal EU27 preparatory discussions on the future relationship: Law enforcement and judicial cooperation in criminal matters, 16 January 2020
House of Commons Library Briefing: EU Permanent Structured Cooperation (PESCO): a future role for UK defence?, Commons Briefing Paper CBP-9058, 23 November 2020
House of Commons Library Briefing: Brexit and UK Defence: An Explainer, 2 June 2020
House of Commons Library Briefing Brexit next steps: Defence and foreign policy co-operation, 5 March 2020
House of Commons Library Briefing Brexit next steps: The European Arrest Warrant, 20 February 2020
House of Lords Library In Focus: Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020, 20 November 2020
The Home Office: EXPLANATORY MEMORANDUM to THE LAW ENFORCEMENT AND SECURITY (SEPARATION ISSUES ETC.) (EU EXIT) REGULATIONS 2020
UK Parliament research: Pre-Withdrawal Agreement on Brexit: crime, justice and the law

EU Funding

EU Funding

As agreed in the Withdrawal Agreement, the UK will take part in the Peace Plus programme under the next EU spending framework.

For Further information:

UK Government Transition website GETTING EU FUNDING(list of the EU funding programmes and how these will be affected)

Scottish Government webpage listing programmes that have been identified as having Scottish stakeholders (list of the EU funding programmes and how these will be affected)

House of Commons Library Research Briefing EU funding in the UK, 11 September 2020

Withdrawal agreement implementation (Including NI and citizens’ rights)

What changed on 1 January 2021

Goods & Services

Customs formalities: checks and controls on goods

Rules of origin

VAT and excise duties

Certificates, authorisations, markings or labelling

Chemicals

Medicines and pharmaceuticals

Provision of services

Professional qualifications

Transport

Road Transport (notably Haulage)

Licences, permits and registration

Customs declaration

Infrastructure at Ports and Tunnel

Further information

Airline Ownership and Control

Aviation Safety

Passenger Security

Further information

Energy, Environment & Climate Change

Energy

Further Information

Civil nuclear - Euratom

Climate and environment

Chemicals

Citizens

Moving to an EEA state or Switzerland/Moving to the UK from 1 January 2021

Studying

For British citizens

EU programmes

Working (including travelling for short-term work)

Further information

Retiring

Civil Justice and Private International law: jurisdiction

Cross-border civil and commercial claims

Family law: judicial cooperation in matrimonial matters and parental responsibility

Travelling

Travelling into and around the EU

Passenger rights when travelling by plane, train and boat

Driving into the EU

Road traffic accidents in Europe

Border process for visitors to/from EU and UK from 1 January 2021

Changes from 1 January 2021 for UK nationals

What happens before 1 January 2021

What changes

Day-to-Day Activities

Sending a parcel to the EU/receiving a parcel/delivery

Money transfer and cross-border payments

Cross-border commuters

Coach, Bus and HGVs drivers

Gibraltar

Security & Data protection

Receiving personal data from the EU/EEA and already adequate third countries

Appointing a European Representative

GDPR

Further information

Agriculture, farming & fishing

Agriculture, Animals and SPS

Common Agricultural Policy and Farmers’ direct payments

Geographical indication schemes

Further information

UK Government Guidance

Sports, Hunting & Culture

Culture and cultural goods

Sports and hunting

Racing

Travelling for work

EU Funding

Summary

Customs formalities: checks and controls on goods

Rules of origin

VAT and excise duties

Certificates, authorisations, markings or labelling

Chemicals

Medicines and pharmaceuticals

Provision of services

Professional qualifications

Financial services

e-Commerce