COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT BANK Finalising preparations for the withdrawal of the United Kingdom from the European Union on 1 November 2019
Date: 2019-09-04
Institutions: European Commission, Secretariat-General
Subjects: EU situation, United Kingdom, agreement (EU), fundamental rights, withdrawal from the EU

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 4.9.2019  COM(2019) 394 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT BANK Finalising preparations for the withdrawal of the United Kingdom from the European Union on 1 November 2019  
 
 
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN 
CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, 
THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT 
BANK 

Finalising preparations for the withdrawal of the United Kingdom from the European 
Union on 1 November 2019 

1.  INTRODUCTION 

On 29 March 2017, the United Kingdom notified its intention to withdraw from the European 
Union  invoking  the  procedure  in  Article  50  of  the  Treaty  on  European  Union  (TEU).  On 
11 April  2019,  following  a  request  by  the  United  Kingdom,  the  European  Council  (Article 
50)  agreed1  to  extend  further  the  period  provided  for  in  Article  50(3)  TEU  until 
31 October 2019.  Unless  the  United  Kingdom  ratifies  the  Withdrawal  Agreement2  by 
31 October  2019  or  requests  a  third  extension  to  which  the  European  Council  (Article  50) 
agrees  by  unanimity,  the  United  Kingdom  will  be  a  third  country  as  of  1  November  2019 
without an agreement to ensure an orderly withdrawal.  

From  the  outset  of  the  negotiations,  the  Commission  has  been  of  the  clear  view  that  an 
orderly  withdrawal  of  the  United  Kingdom  from  the  European  Union  on  the  basis  of  the 
Withdrawal Agreement is the best outcome. As the Commission has consistently stressed, a 
withdrawal  without  an  agreement  will  cause  significant  disruption  both  in  the  United 
Kingdom  and  in  the  EU27.  Contingency  measures  can  only  mitigate  the  most  significant 
disruptions of a withdrawal without an agreement. 

The deadline of 31 October 2019 is only eight weeks away. The short time remaining and the 
political  situation  in  the  United  Kingdom  have  increased  the  risk  that  the  United  Kingdom 
will withdraw on that date without an agreement. In line with the approach that the European 
Council  (Article  50)  has  emphasised  throughout  the  process,  all  actors  must  continue  to 
prepare for all possible outcomes. All actors should therefore now make any necessary final 
adjustments  to  their  plans  in  relation  to  a  withdrawal  without  an  agreement  on 
1 November 2019.  They  should  not  rely  on  the  assumption  that  a  third  extension  will  be 
requested  by  the  United  Kingdom  and  that  it  will  be  agreed  by  the  European  Council 
(Article 50) ahead of 31 October. 

1   European Council Decision (EU) 2019/584, OJ L 101, 11.4.2019, p. 1. The Decision also provides that if the 
United  Kingdom  ratifies  the  Withdrawal  Agreement  before  31  October,  withdrawal  will  take  place  on  the 
first  day  of  the  month  following  the  completion  of  the  ratification  procedure.  The  European  Council  had 
previously  decided  a  first  extension  on  22 March 2019  (European  Council  Decision  (EU)  2019/476,  OJ  L 
80I, 22.3.2019, p. 1), following a request by the United Kingdom. 

2   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. 

1 

 
 
 
                                                           
2.  CITIZENS’ RIGHTS 

The  Commission  has  consistently  made  clear  that  protecting  EU  citizens  in  the  United 
Kingdom, as well  as UK citizens in the European Union is a priority. As stated in the fifth 
Brexit Preparedness Communication of 12 June 20193, the EU27 Member States have put in 
place  national  contingency  measures  to  ensure  that  UK  nationals  and  their  non-EU  family 
members can remain legally resident in the immediate period after a withdrawal without an 
agreement. The Commission has worked with the EU27 Member States to ensure coherence 
in  the  overall  approach,  while  recognising  that  flexibility  at  national  level  is  needed.  The 
Commission provides an updated overview of all national contingency measures on residence 
rights on its Brexit Preparedness webpages4.  

EU citizens residing in the United Kingdom can find information on their residence rights in 
the United Kingdom on the UK Government’s website5. In addition to the efforts of Member 
State  diplomatic  representations  in  the  United  Kingdom,  the  Commission  Representation 
Offices in the United Kingdom and the relevant services in Brussels will continue to monitor 
closely  the  steps  taken  by  the  United  Kingdom  with  respect  to  the  continued  residence  of 
Union  citizens  in  the  United  Kingdom.  They  will  provide  information  and  expertise  to 
interested citizens in that regard. 

While  citizens’  social  security  entitlements  in  relation  to  the  United  Kingdom  before  the 
withdrawal are protected by the relevant contingency Regulation6, some Member States are 
also  putting  in  place  unilateral  contingency  measures  at  national  level  for  the  period  after 
withdrawal.  These  measures  complement  the  protection  of  social  security  entitlements 
ensured at EU level, for instance by applying the principle of aggregation to periods of work, 
insurance and residence in the United Kingdom after the withdrawal or by further protecting 
social security entitlements for these citizens after the withdrawal. The Commission provides 
an  updated  overview  of  all  national  contingency  measures  in  the  area  of  social  security 
entitlements on its Brexit Preparedness webpages7. 

3.  FINALISATION OF PREPARATIONS IN SELECTED SECTORS 

In each of its five previous Brexit Preparedness Communications8, the Commission has urged 
stakeholders  to  prepare.  It  will  continue  to  reach  out  to  all  stakeholders  to  provide 
information  and  advice.  Member  States  and  private  entities  including  associations  and 
chambers  of  commerce  should  also  continue  to  provide  information  to  help  citizens  and 
businesses  to  finalise  their  preparations,  including  through  the  many  fora  established 
specifically with this aim.  

3   COM(2019) 276 final. 
4   https://ec.europa.eu/info/files/overview-table-residence-rights-uk-nationals-eu27-member-states_en. 
5   https://www.gov.uk/eusettledstatus.  
6   Regulation  (EU)  2019/500  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  establishing 
contingency  measures  in  the  field  of  social  security  coordination  following  the  withdrawal  of  the  United 
Kingdom from the Union, OJ L 85I, 27.3.2019, p. 35. 

7   https://ec.europa.eu/info/files/overview-national-measures-area-social-security-coordination_en. 
8   19.7.2018: COM(2018) 556 final/2; 13.11.2018: COM(2018) 880 final; 19.12.2018: COM(2018) 890 final; 

10.4.2019: COM (2019) 195 final; 12.06.2019: COM(2019) 276 final. 

2 

 
                                                           
their  preparations 

To help businesses verify their state of preparedness and identify the actions still needed to 
finalise 
in  view  of  a  withdrawal  without  an  agreement  on 
1 November 2019, the Commission has made available on its Brexit Preparedness webpages 
a  ‘Brexit  preparedness  checklist’9.  The  Commission  has  also  published  sector-specific 
stakeholder notices on a variety of issues10. Similar tools have been prepared at national level 
and by various business associations. All economic operators are invited to make use of tools 
of this type.  

This section focuses on selected areas in which continued and particular vigilance is needed 
in the coming months. 

3.1. Border formalities and trade 

All  sectors  that  trade  with  the  United  Kingdom,  both  in  goods  and  in  services,  will  be 
affected by the withdrawal. As regards trade in goods in particular, economic operators need 
to prepare for important consequences  in the fields of customs formalities, indirect taxation 
and,  where  applicable,  sanitary  and  phytosanitary  controls  as  of  1  November  2019,  if  the 
United  Kingdom  withdraws  from  the  Union  without  an  agreement.  These  consequences 
include,  among  others,  the  application  of  customs  formalities.  Declarations  will  have  to  be 
lodged  and  customs  authorities  may  require  guarantees  for  potential  or  existing  customs 
debts. Prohibitions or restrictions may also apply to some goods entering or leaving the EU 
from  or  to  the  United  Kingdom,  which  means  that  import  or  export  licences  might  be 
required. 

From 1 November 2019, UK goods entering the EU will also be subject to customs duties11 
and EU goods may be subject to UK customs duties. The average EU tariffs are around 2.7% 
for  non-agricultural  products  imported  into  the  Union  and  8.1%  for  agricultural  products12. 
For  example,  dairy  products  are  taxed  on  average  at  44.8%,  meat  at  17.8%,  fish  at  11.4%, 
clothes  at  11.5%,  and  cars  at  10%13.  EU27  economic  operators  should  assess  their  supply 
chains and ensure that their business plans factor in the application of these customs duties. 
Member States  will also  charge  Value  Added Tax at  importation of  goods entering  the EU 
from the United Kingdom.  

In order to minimise as much as possible the disruption to trade in goods crossing the border 
from  the  first  day  after  withdrawal,  traders,  hauliers  and  shippers  from  across  Europe  who 
intend  to  move  goods  to  and  from  the  United  Kingdom  need  to  be  ready  to  fulfil  all  the 
required  formalities.  They  need  to  make  these  preparations  regardless  of  where  they  are 
based. This is not only an issue for those that are based in regions neighbouring the United 
Kingdom or that have high volumes of trade with the United Kingdom.  

All  parties  involved  in  the  supply  chain  need  to  be  aware  of  their  responsibilities  for  the 
fulfilment of all  the  required  formalities and should ensure  that the required documentation 

9   https://ec.europa.eu/info/files/brexit-preparedness-checklist. 
10   https://ec.europa.eu/info/brexit/brexit-preparedness/preparedness-notices_en. 
11   The tariffs applicable to goods brought from the United Kingdom to the customs territory of the Union from 
the withdrawal date will be the same as those for goods originating from third countries with which the EU 
does not have any preferential trade agreements. The applicable tariffs can be found in the TARIC database 
(https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=en). 

12   https://www.wto.org/english/res_e/booksp_e/tariff_profiles19_e.pdf.  
13   Source: WTO World Tariff profile 2019. 

3 

 
                                                           
and  certifications  are  in  order.  Preparing  for  the  relevant  formalities  might  take  time  and 
involve  contacts  with  the  relevant  authorities  on  both  sides  of  the  border.  The  transport  of 
goods  under  the  common  transit  procedure  will  reduce  the  formalities  at  the  border 
crossing14.  Given  the  possible  disruption  at  the  borders  at  the  time  of  withdrawal,  traders, 
hauliers  and  shippers  should  verify  the  situation  of  their  preferred  trade  route  and  take 
appropriate action.  

Exports of goods originating in the EU must fulfil the necessary requirements to benefit from 
trade  preferences  granted  under  Trade  Agreements15.  Materials,  parts  and  components 
originating  in  the  United  Kingdom  and  incorporated  in  goods  manufactured  in  the  EU  will 
not qualify as originating in the EU. Operators must therefore adapt their supply chains and 
ensure that the exported goods and all documents and formalities are in conformity with the 
rules of origin requirements under the relevant Trade Agreements. 

The Commission has prepared a number of notices and detailed guidance documents in the 
field of customs, origin, Value Added Tax and excises that can all be found online16. Short e-
learning  courses  on  the  consequences  of  Brexit  in  the  customs  and  taxation  fields  and 
practical introduction fiches on essential customs concepts are also available online17.  

In  its  fifth  Brexit  Preparedness  Communication  of  12  June  201918,  the  Commission 
underlined  that  the  first  phase  of  the  communication  campaign  already  showed  that  some 
businesses  had  taken  action,  but  efforts  have  to  continue  in  all  Member  States  until  the 
withdrawal  date.  The  Commission  will  now  intensify  its  multi-lingual  communication 
campaign19, launched on 18 February 2019, to reach out to EU businesses and for which all 
information is publically available20.  

On their side, Member States, and in particular those that are the main entry and exit points 
for the European Union’s trade with the United Kingdom, have made significant investments 
in  terms  of  human  resources  and  infrastructure,  both  physical  (including  Border  Inspection 
Posts) and technological, to facilitate the circulation of goods at their borders with the United 
Kingdom. In addition, those Member States have engaged and will continue to engage in the 
coming  months  in  information  and  communication  campaigns  explaining  to  all  actors 
concerned all  required formalities  both as regards customs21 and sanitary  and phytosanitary 

14   https://ec.europa.eu/taxation_customs/business/customs-procedures/what-is-customs-transit/common-union-

transit_en. 

15   See also the Commission stakeholder notice on this subject: https://ec.europa.eu/info/files/preferential-rules-

origin.  

16   https://ec.europa.eu/taxation_customs/uk_withdrawal_en#heading_2.  
17   https://ec.europa.eu/taxation_customs/eu-training/general-overview_en.  
18   COM(2019) 276 final. 
19   https://ec.europa.eu/taxation_customs/uk_withdrawal_en#. 
20   https://ec.europa.eu/taxation_customs/uk_withdrawal_en#heading_4. 
21   For  example,  Brexit-dedicated  information  on  customs  formalities  are  available  for  Belgium  at: 
at: 
the  Netherlands  at: 

https://finance.belgium.be/en/customs_excises/enterprises/brexit; 
for 
http://douane.gouv.fr/articles/c957-entreprises-preparez-vous-au-brexit;  and 
https://www.getreadyforbrexit.eu/en.  
In 
https://www.gov.uk/government/publications/communications-pack-roll-on-roll-off-ports-and-eurotunnel-
in-the-event-of-a-no-deal-eu-exit/information-for-users-of-roll-on-roll-off-ports-and-eurotunnel-in-a-no-
deal-scenario.  

for  users  of  UK  ports 

and  Eurotunnel 

information 

can  be 

addition, 

France 

found 

for 

at: 

4 

 
                                                           
controls22. Traders, hauliers and shippers are invited to acquaint themselves with the relevant 
formalities, and the  workflows  and  the technological  infrastructure in use  on their intended 
trade route23.  

3.2. Medicinal products, medical devices and chemical substances 

While preparations for the United Kingdom’s withdrawal in the areas of medicinal products, 
medical  devices  and  chemical  substances  accelerated  at  the  end  of  March  and  in  early 
April 2019,  a  significant  final  effort  is  still  needed24.  The  Commission  together  with  the 
European  Medicines  Agency,  the  Heads  of  Medicines  Agencies  network,  the  Competent 
Authorities on Medical  Devices network and the European Chemicals Agency  continues to 
reach out to stakeholders to remind them of the need to prepare ahead of 31 October 2019. It 
remains the case that unless medicinal products, medical devices and chemical substances are 
brought  into  compliance  with  EU  rules,  they  cannot  be  placed  on  the  EU  market  after  that 
date.  The  Commission  considers  that  the  ongoing  extension  of  the  period  provided  for  in 
Article  50(3)  TEU  provides  sufficient  time  to  achieve  this  and  does  not  plan  to  adopt  any 
further contingency measures. 

Medicinal products 

Human and veterinary medicinal products are either centrally authorised by the Commission 
or  authorised  nationally  by  Member  States.  Both  categories  of  medicinal  products  are 
affected  by  the  withdrawal  of  the  United  Kingdom.  As  outlined  in  the  fifth  Brexit 
Preparedness  Communication  of  12  June  201925,  the  European  Medicines  Agency  was 
already close to ensuring regulatory compliance for almost all centrally authorised products 
in  April 2019,  while  further  work  was  needed  for  products  authorised  at  national  level. 
Significant progress has been made since then, with more than 80% of nationally authorised 
products well on track to be in regulatory compliance by 31 October 2019. This progress was 
achieved in part due to a temporary exemption providing companies with time until the end 
of 2019 to transfer their batch testing facilities from the United Kingdom to the EU27. While 
these developments are positive, industry is strongly encouraged to ensure that all concerned 
authorised  products  are  in  full  regulatory  compliance  by  31  October  2019  and  that  the 
transfer of their batch testing facilities is completed by 31 December 2019, in order to ensure 
that the relevant products can continue to be placed on the EU market. Furthermore, in view 
of  the  particular  challenges  faced  by  smaller  Member  States  that  relied  heavily  on  UK 
marketing authorisations in the past, industry has a responsibility to work with those Member 
States to ensure that medicinal products remain available to them. 

22   For example, Brexit-dedicated information on sanitary and phytosanitary controls are available for Belgium 
at: http://www.favv-afsca.fgov.be/brexit/; for France at: https://agriculture.gouv.fr/le-brexit-et-les-controles-
sanitaires-et-phytosanitaires and for the Netherlands at: https://www.nvwa.nl/onderwerpen/brexit/.  

23   See,  for  example,  information  on  the  ‘smart  border’  developed  by  French  Customs  (available  at 
http://www.douane.gouv.fr/articles/a16171-the-smart-border);  on  the  Dutch  Port  Community  System 
(available  at  https://www.portbase.com/en/);  and  on  the  systems  in  use  at  the  Belgian  ports  of  Zeebrugge 
(available at https://rxseaport.eu/en/) and Antwerp (available at https://www.nxtport.com/).  

24   The  figures  for  products  that  still  need  to  be  brought  into  regulatory  compliance  cited  below  are  prudent 
estimates  that  do  not  take  into  account  that  several  of  these  products  may  not  require  any  Brexit 
preparedness action for commercial reasons unknown to the Commission. For example some products may 
only  be  commercialised  in  the  United  Kingdom,  no  longer  be  on  the  market  or  in  the  process  of  being 
replaced by another product. 

25   COM(2019) 276 final. 

5 

 
                                                           
Medical devices 

Data from UK notified bodies indicate that the transfer to EU27 notified bodies of certificates 
of  medical  devices  that  are  placed  on  the  EU27  market  is  well  underway  and  for  the  vast 
majority of devices on track to be completed by 31 October 2019. The Brexit task force of the 
Competent  Authorities  on  Medical  Devices  network  in  close  association  with  the 
Commission  is  mapping  the  progress  of  the  remaining  certificates  based  on  the  feedback 
from a survey carried out over the summer 2019 with concerned manufacturers and notified 
bodies.  The  results  indicate  that  there  are  still  manufacturers  that  have  not  taken  all  the 
measures needed in order to transfer to an EU27 notified body. Remaining manufacturers and 
UK  notified  bodies  are  strongly  encouraged  to  ensure  that  the  transfer  of  all  relevant 
certificates and the necessary adaptations of product labels are completed by the withdrawal 
date so that manufacturers can continue to place their products on the EU market thereafter. 
The Commission and the Competent Authorities on Medical Devices network will continue 
to monitor the evolution of the situation in September and October. 

Chemical substances  

In  the  area  of  chemical  substances,  only  52%  of  concerned  REACH26  registrants  had 
transferred  their  registrations  to  the  EU27  by  mid-August  2019.  The  European  Chemicals 
Agency opened a ‘Brexit window’ in REACH-IT allowing registrants to take the necessary 
steps to transfer their REACH registration ahead of the withdrawal date. The Brexit window 
will remain open until 31 October 2019. As regards REACH authorisations, UK authorisation 
holders, UK applicants for authorisation and UK downstream users that supply substances or 
mixtures in the EU27 as part of existing supply chains are urged to take the necessary steps to 
ensure regulatory compliance for their EU27 downstream  users.  In turn, EU27 downstream 
users of UK registrants, UK authorisation holders, UK applicants for authorisations and UK 
downstream users are advised to verify with their suppliers that the relevant products will be 
in regulatory compliance by 31 October 2019 and take measures of their own as appropriate, 
making  use  of  available  guidance27.  Regulatory  compliance  is  critical  to  continue  placing 
chemicals on the EU market from the withdrawal date. 

3.3. Financial services 

In  the  area  of  financial  services,  the  Commission  strongly  encourages  insurance  firms  and 
other  financial  service  operators  that  have  not  yet  done  so  to  finalise  their  preparatory 
measures by 31 October 2019. 

On 19 December 2018, the Commission adopted a limited number of contingency measures, 
including  two  time-limited  equivalence  decisions,  to  allow  EU27  operators  to  transfer  their 
contractual  relationships  to  service  providers  that  are  allowed  to  carry  out  their  activities 
within the EU27. The first of these two decisions allows the European Securities and Markets 
Authority to recognise temporarily central counterparties currently established in the United 
Kingdom, allowing them to continue providing services in the Union. It expires on 30 March 

26   Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council  of  18  December  2006 
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing 
a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council  Regulation  (EEC) 
No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council  Directive  76/769/EEC  and 
Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ L 396, 30.12.2006, p. 1. 

27   https://ec.europa.eu/info/brexit/brexit-preparedness/preparedness-notices_en#envgrow; 

and 

https://echa.europa.eu/uk-withdrawal-from-the-eu. 

6 

 
                                                           
2020.  The  second  one  temporarily  allows  UK  central  securities  depositories  to  continue 
providing notary and central maintenance services to operators in the Union. It expires on 30 
March  2021.  Additionally,  the  Commission  adopted  two  Delegated  Regulations  to  allow 
EU27  operators  with  outstanding  non-cleared  derivative  contracts 
to  replace  UK 
counterparties  with  EU  counterparties  within  12  months  of  the  United  Kingdom’s 
withdrawal, without losing the prudential treatment that these contracts currently enjoy. The 
Commission’s  assessment  is  that  firms  have  largely  prepared  for  a  withdrawal  without  an 
agreement,  including  by  novating  their  outstanding  contracts  to  replace  UK  counterparties, 
and  that  they  now  have  to  finalise  their  preparations  in  the  timeframe  given  by  these 
contingency  measures.  The  Commission  therefore  does  not  consider  that  the  adoption  of 
additional  contingency  measures  is  necessary.  It  will  continue  to  assess  the  situation  in  the 
markets after the withdrawal date and decide on the appropriate course of action on the basis 
of the EU legislation in force at the relevant point in time, taking into account in particular 
the  framework  introduced  in  the  European  Market  Infrastructure  Regulation  with  regard  to 
the requirements for the recognition of third-country central counterparties.  

3.4. Fisheries 

In  addition  to  the  contingency  legislation  (see  section  3.2),  in  the  area  of  fisheries,  the 
Commission has continued its consultations with Member States on a coordinated approach 
to  prepare  for  a  scenario  in  which  EU  vessels  would  no  longer  be  granted  access  to  UK 
waters.  There  is  a  shared  commitment  to  cooperate  and  coordinate  closely  in  that  case, 
including through a common framework to monitor changes or distortions in fishing activities 
in EU waters. This work will intensify in the coming period and the Commission stands ready 
to facilitate further analysis and discussions. On 18 July 2019, the Commission services also 
published a new questions and answers document on the consequences for fishing activities 
in  the  event  of  a  withdrawal  without  an  agreement28.  In  addition  to  the  topics  of  access  to 
waters (and control of that access) and fishing opportunities, the document provides practical 
information  on  a  range  of  specific  topics  such  as  sanitary  controls  and  customs.  Member 
State authorities and fishing associations are invited to circulate this information widely. 

4.  TECHNICAL  ADJUSTMENT  OF  CONTINGENCY  MEASURES  AND  ADOPTION  OF  OTHER 

PREVIOUSLY ANNOUNCED ACTS 

As stated in the fifth Brexit Preparedness Communication of 12 June 201929, the Commission 
has  screened  all  the  EU-level  measures  adopted  to  prepare  for  the  United  Kingdom’s 
withdrawal, and has concluded that these legislative and non-legislative EU acts continue to 
meet their intended objectives. There is therefore no need to amend them on substance. On 
the  other  hand,  in  view  of  the  new  timetable  resulting  from  the  current  extension,  some 
targeted  technical  adjustments  in  specific  sectors  are  necessary.  These  are  explained  in  the 
following sections.  

As regards the non-legislative contingency acts adopted by the Commission in the area of the 
EU sanitary legislation in view of the previous withdrawal date of 12  April 2019, which have 
become  moot  due  to  the  extension  of  the  period  provided  for  in  Article  50(3)  TEU,  the 
Commission will re-evaluate the situation close to the withdrawal date and, provided that the 

28   https://ec.europa.eu/info/sites/info/files/fisheries-qanda_en.pdf.  
29   COM(2019) 276 final. 

7 

 
                                                           
United Kingdom continues to provide the necessary assurances, will re-adopt the measures, 
so as to ensure that they apply from 1 November 2019. 

4.1. Transport 

In  the  area  of  transport,  contingency  measures  were  put  in  place  to  maintain  essential 
transport connections for the most affected modes of transport: aviation, rail, and transport by 
road for passengers and freight. 

In line with the principles underlying all contingency measures, the contingency Regulations 
allowing continued connectivity are unilateral, limited in scope and apply for limited periods 
of  time.  The  Regulation  ensuring  basic  road  freight  and  road  passenger  connectivity30  was 
adopted  shortly  after  a  first  short  extension  of  the  time  period  referred  to  in  Article  50(3) 
TEU, until 12 April 2019, with a fixed end date of application of 31 December 2019, also in 
view  of  possible  arrangements  for  basic  connectivity  to  be  made  in  the  context  of  the 
multilateral quota system of the European Conference of Ministers of Transport (ECMT). For 
similar  reasons,  the  period  of  application  of  the  Regulation  ensuring  basic  connectivity  by 
air31  was  aligned  to  the  end  of  the  International  Air  Transport  Association  (IATA)  winter 
season 2019/2020 and it will thus expire on 30 March 2020. 

If  the  United  Kingdom  withdraws  from  the  European  Union  without  an  agreement  on 
1  November 2019, the period of application of Regulation (EU) 2019/501 would therefore be 
limited to two months, and that of Regulation (EU) 2019/502 to less than half of the initially 
envisaged period. 

In  order  to  ensure  that  these  contingency  Regulations  achieve  their  objectives  as  initially 
defined, including as regards their period of application, and in light of the postponement of 
the  date  of  the  United  Kingdom’s  withdrawal  by  seven  months,  the  Commission  has  today 
adopted  a  proposal  to  extend  the  period  of  validity  of  Regulations  (EU)  2019/501  and 
(EU)  2019/502 by the same period of time. It is therefore proposed to extend the period of 
application  of  the  contingency  Regulation  ensuring  basic  road  freight  and  road  passenger 
connectivity  until  31  July  2020.  Without  prejudice  to  the  Union’s  exclusive  competence, 
Member States should continue to work to increase the number of ECMT permits available 
for transport to the United Kingdom in the future. It is also proposed to extend the period of 
application of the contingency Regulation ensuring basic connectivity by air until 24 October 
2020, maintaining the alignment with the IATA seasons. 

In  the  area  of  air  transport,  contingency  Regulation  (EU)  2019/502  also  includes  a  specific 
mechanism  for  EU  airlines  to  comply  with  the  EU  majority  ownership  and  control 
requirement after the United Kingdom withdraws. National authorities have now finalised the 
examination of the plans submitted by affected airlines and informed the airlines concerned 
and  the  Commission  of  the  positive  results  of  their  assessment.  The  Commission  has 
contacted  the  responsible  national  authorities  and  in  some  instances  signalled  doubts  on 
whether  the  submitted  plans  would  ensure  compliance  with  EU  requirements.  Affected 

30   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. 

31   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. 

8 

 
                                                           
airlines must ensure full compliance with the EU majority ownership and control requirement 
at  the  latest  by  the  end  of  the  period  provided  for  in  Regulation  (EU)  2019/502.  If  the 
application  of  Regulation  (EU)  2019/502  is  extended  in  line  with  today’s  proposal,  that 
period will end on 30 April 202032. It is the responsibility of national authorities to make sure 
that EU law is complied with and effectively enforced by that date. 

While no contingency measure has been adopted for occasional passenger transport by bus, 
the  necessary  preparations  have  been  made  to  ensure  connectivity  in  this  area  as  of  the 
withdrawal date based on an international instrument, the Interbus Agreement33. The United 
Kingdom has deposited its instrument of accession to that agreement, to which it will become 
a party in its own right after withdrawal.  

4.2. Fishing activities  

Given the risk of a withdrawal without an agreement on 1 November 2019, the importance of 
fisheries  for  the  economic  livelihood  of  many  coastal  communities,  and  in  order  to  ensure 
sustainable fishing in the relevant waters, it is important to provide for arrangements allowing 
continued  reciprocal  fishing  access  by  EU  and  UK  vessels  to  each  other’s  waters,  in 
accordance  with  the  conditions  set  out  in  relevant  Council  Regulations  establishing  fishing 
opportunities, provided that the fishing opportunities set by both parties combined are in line 
with the sustainable management of the relevant stocks. With this aim, the Commission  has 
today  adopted  a  proposal  to  extend  the  contingency  Regulation  on  fishing  authorisations 
adopted in March 201934 until the end of 2020. This would keep in place a simplified legal 
framework to allow the European Union to continue to grant authorisations to UK vessels to 
enter  EU  waters  and  to  manage  authorisation  requests  by  EU  vessels  entering  UK  waters, 
should  the  conditions  on  reciprocal  access  and  sustainability  be  fulfilled.  This  temporary 
framework, which provides legal certainty for fishermen and ensures the conservation of the 
fish stocks, is necessary in the absence of a fisheries agreement with the United Kingdom in 
its new status as a third country. On this basis, and based on prior coordination with Member 
States,  the  Commission  stands  ready  to  submit  to  the  United  Kingdom  the  authorisation 
requests concerning EU  vessels immediately after the United Kingdom  withdraws from  the 
European  Union.  The  proposal  maintains  the  possibility  of  quota  swaps  with  the  United 
Kingdom  in  2020, whereby the Commission  would be able to  execute the quota exchanges 
with the United Kingdom in line with the procedure set out in the proposal. 

4.3. EU Budget  

In  the  case  of  a  withdrawal  without  an  agreement,  in  many  cases  the  United  Kingdom  and 
UK beneficiaries will not be able to apply for new funding and will no longer be eligible to 
receive  funding  or  will  face  termination  of  their  current  participation  in  EU  programmes. 
Payments  would  therefore  have  to  be  suspended,  and  could  only  be  made  if  and  when  a 
financial  settlement  is  agreed  between  the  European  Union  and  the  United  Kingdom.  In 
certain  cases,  contracts  may  need  to  be  terminated  if  they  no  longer  meet  the  eligibility 
requirements  of  the  EU  programme,  or  changes  will  need  to  be  made  in  order  to  ensure 

32   Article 7(1) of Regulation (EU) 2019/502. 
33   Agreement on  the international occasional carriage of passengers by coach and bus (Interbus  Agreement), 

OJ L 321, 26.11.2002, p. 13. 

34   Regulation  (EU)  2019/498  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  amending 
Regulation (EU) 2017/2403 as regards fishing authorisations for Union fishing vessels in United Kingdom 
waters and fishing operations of United Kingdom fishing vessels in Union waters OJ L 85I, 27.3.2019, p. 25. 

9 

 
                                                           
compatibility with the eligibility requirements35. To minimise the disruption created by that 
outcome, on 9 July 2019, the European Union adopted a contingency Regulation for the EU 
budget36 that maintains the eligibility of the United Kingdom and UK beneficiaries for costs 
incurred in 2019, provided that the United Kingdom fulfils a series of conditions, in particular 
that it pays its share of the EU budget for 2019 before a certain date and allows the necessary 
audits and controls, including on its territory, as provided for by relevant EU rules. In parallel 
to this Communication, the Commission is consulting Member State experts, in compliance 
with the applicable procedures, on a draft delegated regulation adapting the deadlines in the 
contingency Regulation, in light of the extension of the period provided for in Article 50(3) 
TEU. 

Following  the  extension  of  the  period  provided  for  in  Article  50(3)  TEU  until 
31 October 2019, the measure as it currently stands would cover a period of only two months. 
For  this  reason,  the  Commission  has  today  adopted  a  proposal  that  replicates  the  existing 
2019  contingency  Regulation  for  2020.  The  United  Kingdom  and  UK  beneficiaries  would 
therefore  remain  eligible  to  participate  in  programmes  under  the  EU  budget  and  to  receive 
financing until the end of 2020 if the United Kingdom accepts and fulfils the conditions of 
the  2019  contingency  Regulation,  pays  its  budget  contributions  for  2020  and  allows  the 
required audits and controls to take place. 

4.4. Contingency financial support 

As  announced  in  the  fourth  Brexit  Preparedness  Communication  of  10  April  201937,  the 
Commission  has  explored  how  existing  programmes  and  instruments  could  be  used  to 
support the most affected sectors, in particular agriculture and fisheries, regions and national 
authorities, which will face significant disruptions in spite of their preparations. The purpose 
of this financial support package is to provide, within the available resources, support to those 
most affected by a withdrawal without an agreement.  

In  the  agriculture  sector,  the  full  spectrum  of  existing  instruments  for  market  support  and 
direct  financial  support  to  farmers  will  be  made  available  to  mitigate  the  worst  impact  on 
agri-food  markets  in  a  no-deal  scenario.  National  financial  support  should  match  EU 
exceptional market measures, multiplying the impact of the European Union’s intervention.  

The Commission has today adopted a proposal to extend the scope of the European Solidarity 
Fund  to  cover  serious  financial  burden  inflicted  on  Member  States  directly  imputable  to  a 
withdrawal  without  an  agreement  and  that  could  not  be  avoided  by  preparing  in  advance. 
This  involves  support  to  State  aid  schemes  for  businesses,  measures  to  preserve  existing 
employment  and  ensure  the  functioning  of  border,  customs  and  sanitary  and  phytosanitary 
controls.  

35   For  example,  holders  of  European  Research  Council  grants  under  the  Horizon  2020  programme  have  the 
possibility to relocate their grant to another country. Guidance on compatibility with the relevant eligibility 
requirements will be issued. 

36   Council Regulation (EU, Euratom) 2019/1197 of 9 July 2019 on measures concerning  the implementation 
and  financing  of  the  general  budget  of  the  Union  in  2019  in  relation  to  the  withdrawal  of  the  United 
Kingdom from the Union, OJ L 189, 15.7.2019, p. 1.  

37   COM(2019) 195 final. 

10 

 
                                                           
Today, the Commission has also adopted a proposal ensuring that the European Globalisation 
Adjustment  Fund  is  available  to  support  workers  made  redundant  as  a  consequence  of  a 
withdrawal without an agreement, subject to certain conditions.  

In  addition  to  the  two  legislative  measures  above,  other  interventions  can  be  put  in  place 
without the need to amend legislation. The Commission stands ready to act swiftly if Member 
States decide to amend their structural and investment funds programmes38 to allocate part of 
the available resources, within their national envelopes, to deal with challenges caused by a 
withdrawal  without  an  agreement.  The  Commission  will  also  act  swiftly  if  Member  States 
want  to  change the allocation of their national  envelopes under the European Maritime and 
Fisheries  Fund.  Finally,  the  Commission  stands  ready  to  propose  amendments  to  the 
agreement between the European Union and the European Investment Fund to allow the use 
of  the  programme  for  the  Competitiveness  of  Small  and  Medium-Sized  Enterprises 
(COSME) to facilitate access to finance for small and medium-sized enterprises that need to 
invest to modify their business organisation as a consequence of a withdrawal of the United 
Kingdom without an agreement, subject to appropriate conditions and budgetary availability. 

For more immediate support to  affected stakeholders, for example small and medium-sized 
companies  with  a  significant  exposure  to  the  United  Kingdom,  EU  State  aid  rules  offer 
flexible solutions for national support measures. 

5.  IRELAND 

In the absence of the Withdrawal Agreement, the departure of the United Kingdom from the 
EU  will  lead  to  two  distinct  fiscal  and  regulatory  spaces  on  the  island  of  Ireland.  Under 
international law, and in particular World Trade Organization rules, from 1 November 2019 
both  the  EU  and  the  United  Kingdom  will  be  under  an  obligation  to  levy  on  each  other’s 
products  the  tariffs  applicable  to  goods  from  any  other  member  of  the  World  Trade 
Organization  without  preferential  arrangements.  In  addition,  EU  law  will  require  that  all 
goods  entering  Ireland  from  the  United  Kingdom  be  subject  to  the  relevant  checks  and 
controls to protect the safety and health of EU citizens, preserve the integrity of the internal 
market and enforce compliance with fiscal obligations (duties, indirect taxes).  

The Commission and Ireland continue working together, in the context of the unique situation 
on  the  island  of  Ireland  and  their  twin  objectives  of  protecting  the  integrity  of  the  internal 
market while avoiding a hard border, to identify arrangements both for contingency solutions 
for  the  immediate  aftermath  of  a  withdrawal  without  an  agreement  and  for  a  more  stable 
solution for the period thereafter. The backstop provided for by the Withdrawal Agreement is 
the only solution identified that safeguards the Good Friday Agreement, ensures compliance 
with international law obligations and preserves the integrity of the internal market.  

6.  RESPONDING  TO  DISRUPTIONS  IN  THE  AFTERMATH  OF  A  WITHDRAWAL  WITHOUT  AN 

AGREEMENT 

If  the  United  Kingdom  withdraws  from  the  European  Union  without  an  agreement,  many 
actors are expected to  experience disruption, particularly in the first days. The Commission 
and Member States will remain in close contact to coordinate their response to any issue that 

38   European  Regional  Development  fund,  European  Agricultural  Fund  for  Rural  Development,  European 

Social Fund, Cohesion Fund and European Maritime and Fisheries Fund. 

11 

 
                                                           
might  arise  and  to  identify  how  best  to  address  them.  For  the  period  immediately  after  a 
withdrawal without an agreement, the Commission has set up a call centre for Member State 
administrations,  giving  them  rapid  access  to  the  expertise  of  the  Commission  services  by 
establishing  a  direct  channel  of  communication,  also  for  the  purposes  of  facilitating  the 
necessary  coordination  between  national  authorities.  EU  citizens,  business  and  other 
stakeholders can contact their national or local administrations through their usual channels. 
They  can  also  contact  the  Europe  Direct  Call  Centre  for  any  questions  (Freephone 
00 800 6 7 8 9 10 11 from anywhere in the European Union). The Europe Direct Call Centre 
will have extended hours of operation in the period around the withdrawal. 

7.  CONCLUSIONS 

Whilst the aim of the EU is an orderly withdrawal of the United Kingdom, the Commission 
reiterates  that  everyone  has  to  prepare  for  a  possible  withdrawal  of  the  United  Kingdom 
without  an  agreement  on  1  November  2019.  The  Commission  continues  to  call  on  all 
stakeholders to finalise their preparations and points in particular to the need for industry to 
act in sensitive areas such as medicines, medical devices and chemicals. It also urges all EU 
operators  who  will  be  trading  with  or  transporting  goods  to  and  from  the  United  Kingdom 
after the withdrawal to take into account the need for customs and sanitary and phytosanitary 
checks  and  procedures  as  well  as  the  logistical  challenges  that  can  be  expected  in  the  new 
legal context around border crossings to and from the United Kingdom. 

In parallel to this Communication, the Commission has adopted three legislative proposals to 
take into account the postponement of the date of withdrawal, by extending, as necessary, the 
duration of existing contingency measures in the areas of transport and fisheries or providing 
a  framework  for  2020  in  the  context  of  the  EU  budget.  It  has  also  adopted  two  further 
legislative  proposals  as  part  of  a  package  allowing  for  contingency  financial  support,  if 
necessary.  Finally,  it  has  sent  for  consultation  to  Member  State  experts,  in  line  with  the 
applicable procedures, a delegated act adapting the deadlines provided for by the contingency 
Regulation on the 2019 EU budget39 to the current withdrawal date. The Commission calls on 
the co-legislators to ensure the swift adoption of the proposed legislative acts so that, where 
necessary, they are in force by the date of the withdrawal of the United Kingdom. 

For the time around the withdrawal date, the Commission will extend the hours of operation 
of  its  call  centre  for  citizens  and  businesses  and  it  will  set  up  a  dedicated  call  centre  for 
Member  States  authorities  to  provide  expertise  and  facilitate  the  necessary  coordination 
between  national  authorities.  The  Commission  also  calls  on  Member  States  to  step  up 
communication  activities  that  were  under  way  earlier  this  year  and  to  reach  out  to  national 
stakeholders  and  take  the  necessary  measures  to  be  able  to  respond  to  any  disruption,  in 
particular in the period immediately following a withdrawal without an agreement. 

39   Council Regulation (EU, Euratom) 2019/1197 of 9 July 2019 on measures concerning  the implementation 
and  financing  of  the  general  budget  of  the  Union  in  2019  in  relation  to  the  withdrawal  of  the  United 
Kingdom from the Union, OJ L 189, 15.7.2019, p. 1.  

12