Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their periods of application
Date: 2019-09-04
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: United Kingdom, air transport, carriage of goods, international transport, road transport, transport regulations, withdrawal from the EU

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.9.2019 COM(2019) 396 final 2019/0179 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their periods of application (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  29  March  2017,  the  United  Kingdom  submitted  the  notification  of  its  intention  to 
withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means 
that,  if  the  Withdrawal  Agreement1  is  not  ratified,  the  Union’s  primary  and  secondary  law 
would cease to apply to the United Kingdom from the withdrawal date. The United Kingdom 
would then become a third country. 

The withdrawal  of the  United Kingdom  from  the Union without an agreement would  affect 
the continued provision of road and air transport services between the Union and the United 
Kingdom,  which  would  no  longer  have  a  basis  in  Union  law  upon  withdrawal.  This  would 
lead to the breakdown in connectivity and severe disruptions as regards road and air transport 
between the Union and the United Kingdom. 

In the Commission Communication of 13 November 2018 on ‘Preparing for the withdrawal of 
the  United  Kingdom  from  the  European  Union  on  30  March  2019:  a  Contingency  Action 
Plan’2 the Commission set the principles underlying the contingency measures, including that 
they shall be strictly limited in time. 

On  13  December  2018,  the  European  Council  (Article  50)  reiterated  its  call  for  work  on 
preparedness  at  all  levels  for  the  consequences  of  the  United  Kingdom's  withdrawal  to  be 
intensified, taking into account all possible outcomes.  

Consequently,  the  European  Commission  adopted  on  19  December  2018  proposals  for  a 
number  of  contingency  measures  to  ensure  basic  connectivity  between  the  Union  and  the 
United  Kingdom,  including  proposals  for  regulations  ensuring  basic  road  connectivity3  and 
basic air connectivity4. In view of the United Kingdom’s withdrawal on 30 March 2019, the 
European Parliament and the Council adopted on 25 March 2019, Regulation (EU) 2019/501 
ensuring  basic  road  connectivity5  (hereafter  ‘Regulation  (EU)  2019/501’)  and  Regulation 
(EU) 2019/502 ensuring basic air connectivity6 (hereafter ‘Regulation (EU) 2019/502’).  

In line with the principles underlying the contingency measures, both regulations are limited 
in scope and are intended to apply for limited periods of time. In view of the initial date of 
withdrawal,  Regulation  (EU)  2019/501  applies  until  31  December  2019,  also  in  view  of 
possible  arrangements  for  basic  connectivity  to  be  made  in  the  multilateral  quota  system  of 
the European Conference of Ministers of Transport (ECMT). Taking into account the seasonal 
specificities of the aviation sector and to facilitate the provision of air transport services, the 

1 

2 
3 
4 
5 

6 

Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community, OJ, C 144I, 25.4.2019, p. 1. 
COM(2018)880 final, 13.11.2018. 
COM(2018)895 final, 19.12.2018. 
COM(2018)893 final, 19.12.2018. 
Regulation  (EU)  2019/501  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  on 
common  rules  ensuring  basic  road  freight  and  road  passenger  connectivity  with  regard  to  the 
withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  Union,  OJ  L  85I, 
27.3.2019, p. 39. 
Regulation  (EU)  2019/502  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  on 
common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of 
Great Britain and Northern Ireland from the Union, OJ L 85I, 27.3.2019, p. 49. 

EN 

1 

  EN 

                                                 
period  of  application  of  Regulation  (EU)  2019/502  was  aligned  to  the  expiry  of  the  IATA 
winter season 2019/20. 

Regulation  (EU)  2019/501  and  Regulation  (EU)  2019/502  had  been  adopted  shortly  after  a 
first short extension of the time period referred to in Article 50(3) TEU, until 12 April 2019. 
Following the adoption of these acts, based on a request of the United Kingdom, the European 
Council  (Article  50)  agreed  on  11  April  20197  to  further  extend  the  period  provided  for  in 
Article 50(3) TEU until 31 October 2019.  

Unless  the  United  Kingdom  ratifies  the  Withdrawal  Agreement  by  31  October  2019  or 
requests a third extension, to which the European Council (Article 50) agrees by unanimity, 
the period under Article 50(3) TEU will end then. The United Kingdom will then be a third 
country as of 1 November 2019 without an agreement ensuring an orderly withdrawal. 

In the Commission Communication of 12 June 2019 on the ‘State of play of preparations of 
contingency measures for the withdrawal of the United Kingdom from the European Union’8, 
the Commission concluded that all EU-level preparedness and contingency measures are still 
fit for purpose. However, it is evident that the extension of the Article 50(3) TEU period by 
seven months until 31 October 2019 impacts certain already adopted contingency measures. 
This in particular affects contingency measures, such as Regulations (EU) 2019/501 and (EU) 
2019/502, with a fixed date on which they cease to be applicable. In the Communication of 12 
June 2019, the Commission already committed to consider whether these acts need a technical 
adjustment to take into account the new timeline of the United Kingdom’s withdrawal. 

In particular in the case of Regulation (EU) 2019/501, if the original date of application until 
31  December  2019  is  maintained,  in  case  the  United  Kingdom  withdraws  from  the  Union 
without an agreement on 1 November 2019, this would limit the period of application of the 
regulation to just two months, which would fail to achieve its intended purpose, insofar as it is 
linked to its period of application.  

Similarly,  Regulation  (EU)  2019/502  would  be  applicable  for  less  than  half  of  the  initially 
intended period of application if it would cease to apply on 30 March 2020, as is currently the 
case.  This  would  significantly  limit  the  period  during  which  UK  carriers  would  be  able  to 
operate flights into the Union. 

It is necessary to ensure that the already adopted contingency regulations fully achieve their 
objectives  as  initially  defined,  insofar  as  linked  to  their  period  of  application,  despite  the 
postponement  of  the  date  for  the  United  Kingdom’s  withdrawal.  As  a  result,  this  proposal 
aims at extending the period of validity of Regulations (EU) 2019/501 and (EU) 2019/502 by 
seven months, corresponding to the length of the extension of the Article 50(3) TEU period. 
This extension is in line with the principles underlying contingency measures, in particular the 
principle that contingency measures should be strictly limited in time. 

Consequently, it is proposed that Regulation (EU) 2019/501 ceases to apply on 31 July 2020, 
rather  than  on  31  December  2019.  Furthermore,  to  ensure  that  the  option  provided  under 
Article 2(3)(d) of Regulation (EU) 2019/501 is available for a meaningful period, in the order 
of magnitude initially intended, the period during which road passenger cabotage services can 
be performed in the border region of Ireland should be defined as six months starting from the 
date of application of that Regulation. This rule should replace the current reference to the end 

7 
8 

European Council Decision (EU) 2019/584, OJ L 101, 11.4.2019, p. 1. 
COM(2019)276 final, 12.6.2019. 

EN 

2 

  EN 

                                                 
date  of  30  September  2019.  The  period  for  the  Commission  to  exercise  delegated  powers 
referred to in Article 11(1) of the Regulation should be adjusted to the new date on which that 
Regulation  ceases  to  apply.  The  periods  set  out  in  Article  2(2)(b)  of  the  Regulation  should 
remain unchanged. 

As regards Regulation (EU) 2019/502 and in accordance with the terms of this proposal, the 
Regulation would cease to apply at the latest on 24 October 2020, which is the last date of the 
IATA  summer  season  for  2020.  It  would  thereby  maintain  its  initially  envisaged  period  of 
application of twelve months. 

• 

Consistency with existing policy provisions in the policy area 

This proposal is a limited amendment of certain provisions related to the period of application 
of  two  existing  regulations  which  represent  lex  specialis  and  address  some  of  the 
consequences  ensuing  from  the  fact  that  Union  law  will  no  longer  apply  to  the  United 
Kingdom. The substantial provisions of the amended acts remain unaffected and will continue 
to apply. This proposal is thus fully consistent with the existing legislation.   

• 

Consistency with other Union policies 

The  proposal  is  part  of  and  fully  aligned  with  the  Union’s  contingency  measures  for  the 
withdrawal of the United Kingdom from the Union without a withdrawal agreement. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Considering that the legal basis for the two Regulations to be amended are Articles 91(1) and 
100(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  respectively,  the 
same should be used for this amending Regulation. 

• 

Subsidiarity (for non-exclusive competence)  

As  the  proposal  amends  the  provisions  of  existing  Union  law,  its  objective  can  only  be 
achieved through an act at the level of the Union. 

• 

Proportionality 

The  proposed  regulation  is  considered  proportionate  as  it  does  not  go  beyond  what  it 
necessary  to  address  the  impact  of  the  extension  of  the  Article  50(3)  TEU  period  for  the 
United  Kingdom’s  withdrawal  from  the  Union  on  the  existing  contingency  regulations  on 
road  and  air  connectiviy.  It  refrains  from  any  broader  changes  that  are  not  related  to  the 
extension of the period established in Article 50(3) TEU. 

• 

Choice of the instrument 

As the proposal is aimed at the amendment of two existing regulations, the instrument chosen 
is  also  a  regulation.  Given  the  limited  number  of  changes  proposed,  it  is  not  necessary  to 
recast the two regulations. 

EN 

3 

  EN 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not  applicable  due  to  the  limited  scope  of  the  proposed  regulation  and  the  exceptional  and 
one-off nature of the  event  necessitating this proposal, shortly  after the adoption of the two 
acts concerned. 

• 

Stakeholder consultations 

Not  applicable  due  to  the  limited  scope  of  the  proposed  regulation  and  the  exceptional  and 
one-off  nature  of  the  event  necessitating  this  proposal.  As  explained  above,  the  proposal  is 
merely aimed at transposing the approach that underlies the two acts concerned, in respect of 
various time periods, to the new situation materialising after the extension of the time period 
established in Article 50(3) TEU. 

• 

Collection and use of expertise 

This proposal has been subject to in-house legal and technical analysis to ensure the proposed 
measure  achieves  its  intended  purpose,  but  is  at  the  same  time  limited  to  what  is  strictly 
necessary. 

• 

Impact assessment 

An  impact  assessment  is  not  needed,  due  to  the  exceptional  nature  of  the  situation  and  the 
limited  scope  of  the  proposal.  As  explained  above,  the  proposal  is  merely  aimed  at 
transposing  the  approach  that  underlies  the  two  acts  concerned,  in  respect  of  various  time 
periods, to the new situation materialising after the extension of the time period established in 
Article 50(3) TEU.  

• 

Fundamental rights 

The proposal has no impact on the application or protection of fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

Not applicable.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable due to limited scope and the short-term nature of the proposed measure.   

EN 

4 

  EN 

2019/0179 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their 
periods of application 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 91(1) and 100(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

On  29  March  2017,  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  (the 
‘United  Kingdom’)  submitted  the  notification  of  its  intention  to  withdraw  from  the 
Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease 
to  apply  to  the  United  Kingdom  from  the  date  of  entry  into  force  of  a  withdrawal 
agreement  or  failing  that,  two  years  after  that  notification,  unless  the  European 
Council, in agreement with the United Kingdom, unanimously decides to extend that 
period. 

In order to prepare for the possibility that the United Kingdom could withdraw from 
the Union without an agreement on 30 March 2019, Regulation (EU) 2019/501 of the 
European  Parliament  and  of  the  Council3  and  Regulation  (EU)  2019/502  of  the 
European Parliament and of the Council  4 were adopted on 25 March 2019 to ensure 
basic  road  freight  and  road  passenger  and  basic  air  connectivity  between  the  Union 
and the United Kingdom. 

(3) 

Those  acts  have  been  adopted  shortly  after  a  first  short  extension  of  the time  period 
referred  to  in  Article  50(3)  TEU,  until  12  April  2019.  On  a  request  of  the  United 

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Regulation  (EU)  2019/501  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  on 
common  rules  ensuring  basic  road  freight  and  road  passenger  connectivity  with  regard  to  the 
withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  Union,  OJ  L  85I, 
27.3.2019, p. 39. 
Regulation  (EU)  2019/502  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  on 
common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of 
Great Britain and Northern Ireland from the Union, OJ L 85I, 27.3.2019, p. 49. 

EN 

5 

  EN 

                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Kingdom,  the  European  Council  agreed  on  11  April  20195  to  further  extend  that 
period,  until  31  October  2019.  Unless  the  United  Kingdom  ratifies  the  Withdrawal 
Agreement6 by 31 October 2019 or requests a third extension, to which the European 
Council must agree by unanimity, the period under Article 50(3) TEU will end on 31 
October  2019.  The  United  Kingdom  will  then  become  a  third  country  as  of  1 
November 2019. 

Regulation  (EU)  2019/501  and  Regulation  (EU)  2019/502  cease  to  apply  on  31 
December 2019 and 30 March 2020, respectively. In order to address the impact of the 
new  timeline  for  the  United  Kingdom’s  withdrawal  from  the  Union,  following  the 
further  extension  of  the  Article  50(3)  TEU  period  by  seven  months,  the  period  of 
application  of  those  Regulations  should  be  extended,  taking  into  account  the  core 
principles  underlying  contingency  measures  and  their  originally  intended  periods  of 
application. 

Given the extension by seven-months of the period referred to in Article 50(3) TEU, 
the  period  of  application  of  Regulation  (EU)  2019/501  should  be  extended  by  seven 
months  until  31  July  2020.  This  should  maintain  the  initially  intended  period  of 
application of nine months and ensure that, in respect of its period of application, its 
objective  of  temporarily  maintaining  road  connectivity  on  the  withdrawal  of  the 
United Kingdom is attained. 

It is necessary to ensure that passengers can be picked up and set down in the border 
region  of  Ireland  in  the  course  of  international  regular  and  special  regular  passenger 
transport  services  between  Ireland  and  Northern  Ireland  for  the  same  period  of  six 
months  as  initially  intended.  Therefore,  the  reference  to  the  end  date  referred  to  in  
point  (d)  of  Article  2(3)  of  Regulation  (EU)  2019/501,  should  be  replaced  by  a 
reference to a period of six months from the date of application of that Regulation. 

In order to ensure continuity in the picking up and setting down of passengers in the 
border  region  of  Ireland  in  the  course  of  international  regular  and  special  regular 
passenger  transport  services  between  Ireland  and  Northern  Ireland,  the  validity  of 
authorisations  for  United  Kingdom  coach  and  bus  service  operators  referred  to  in 
Article 4(3) of Regulation (EU) 2019/501 should also be adjusted to the new date on 
which that Regulation ceases to apply. 

The period for the Commission to exercise the delegated powers referred to in Article 
11(1) of Regulation (EU) 2019/501 should be adjusted to the new date on which that 
Regulation ceases to apply. 

Given the extension  by  seven months of the period  referred to  in  Article 50(3) TEU 
and in the absence of any adaptations, Regulation (EU) 2019/502 would be applicable 
for  less  than  half  of  the  initially  intended  period  if  it  ceased  to  apply  on  30  March 
2020. That would significantly limit the period during which United Kingdom carriers 
would be able to operate flights into the Union. Consequently, in order to reflect the 
initial  envisaged  period  of  application,  the  period  of  application  of  Regulation  (EU) 
2019/502 should be extended by an additional seven months. In order to coincide with 
the last day of the  IATA summer season of 2020,  Regulation  (EU) 2019/502  should 
cease to apply at the latest on 24 October 2020.  

5 
6 

European Council Decision (EU) 2019/584, OJ L 101, 11.4.2019, p. 1. 
Agreement on the  withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community, OJ, C 144I, 25.4.2019, p. 1. 

EN 

6 

  EN 

                                                 
(10)  Taking into account  the uncertainty  concerning the date of application of Regulation 
(EU)  2019/501  and  Regulation  (EU)  2019/502  and  in  order  to  ensure  that  the 
provisions  of  this  Regulation  apply  in  a  timely  manner  under  all  circumstances,  this 
Regulation should enter into force as a matter of urgency, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Amendments to Regulation (EU) 2019/501 

Regulation (EU) 2019/501 is amended as follows: 

(1) 

in Article 2, point (3)(d) is replaced by the following: 

"(d) the picking up and setting down of passengers in the border region of Ireland in 
the  course  of  international  regular  and  special  regular  services  between  Ireland  and 
Northern Ireland, for a period of six months starting on the date of application of this 
Regulation as set out in the second subparagraph of Article 12;"; 

(2) 

in Article 4, paragraph 3 is replaced by the following: 

"3.  The  authorisations  that  remain  valid  under  paragraph  2  of  this  Article  may 
continue  to  be  used  for  the  purposes  specified  in  paragraph  1  of  this  Article  if  they 
have been renewed under the same terms and conditions, or altered in terms of stops, 
fares  or  schedule,  and  subject  to  the  rules  and  procedures  of  Articles  6  to  11  of 
Regulation (EC) No 1073/2009 for a period of validity not extending beyond 31 July 
2020."; 

(3) 

in Article 11, paragraph 1 is replaced by the following: 

"1.  The  power  to  adopt  delegated  acts  referred  to  in  Articles  7(2)  and  8(2)  shall  be 
conferred on the Commission until 31 July 2020."; 

(4) 

in Article 12, the fourth paragraph is replaced by the following: 

"This Regulation shall cease to apply on 31 July 2020.". 

Article 2 

In Article 16(4) of Regulation (EU) 2019/502, point (b) is replaced by the following: 

Amendment to Regulation (EU) 2019/502 

"(b) 24 October 2020.".  

Article 3 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

EN 

7 

  EN 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

8 

  EN