Commission proposes contingency measures to minimise possible “no-deal” disruptions
On 10 December, the European Commission published a set of targeted contingency measures in case the EU and the UK fail to reach a trade deal by 1 January 2021. The EU will continue to do its utmost to reach such an agreement with the UK, although there is now significant uncertainty whether a deal will be in place by that date.
The contingency plan proposed by the Commission will potentially apply if/when no trade agreement is in place. The aim of these transitory measures is to ensure basic reciprocal air and road connectivity between the EU and the UK, as well as allowing for the possibility of reciprocal fishing access by EU and UK vessels to each other's waters. The EU has made clear that these measures will automatically expire whenever an agreement enters into force. In case of no-deal, they will lapse after 6 months for the air services and road related measures and 1 year for the fisheries related measures.
The Commission has warned many times that the UK’s decision to leave the EU would lead to significant disruption, regardless of whether there is a deal or not. But some sectors risk being disproportionately affected in case of no-deal, because there are no fall-back solutions. These sectors include aviation, road transportation and fisheries. The Commission put forward four contingency measures:
• Basic air connectivity: A proposal for a Regulation to ensure the provision of certain air services between the UK and the EU for 6 months, provided the UK ensures the same.
• Aviation safety: A proposal for a Regulation ensuring that various safety certificates for products can continue to be used in EU aircraft without disruption, thereby avoiding the grounding of EU aircraft.
• Basic road connectivity: A proposal for a Regulation covering basic connectivity with regard to both road freight, and road passenger transport for 6 months, provided the UK assures the same to EU hauliers.
• Fisheries: A proposal for a Regulation to create the appropriate legal framework until 31 December 2021, or until a fisheries agreement with the UK has been concluded – whichever date is earlier – for continued reciprocal access by EU and UK vessels to each other's waters after 31 December 2020. In order to guarantee the sustainability of fisheries and in light of the importance of fisheries for the economic livelihood of many communities, it is necessary to facilitate the procedures of authorisation of fishing vessels.
