No deal Brexit: Impact and measures - Government.nl
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No deal Brexit: Please note that this is an English language
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Impact and measures the hyperlinks is, for the larger part, only
available in the Dutch language.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 1No deal Brexit: Legislation
The Brexit Omnibus Act amends several existing laws
Impact and measures and aims to create a mandate for the Dutch govern-
ment to act in swift and decisive manner in unforeseen
situations when existing laws provide insufficient legal
basis after the withdrawal of the United Kingdom from
Raising awareness the European Union. The Second Chamber of Parliament
adopted the proposal in January 2019. The First Cham-
It is vital that subnational authorities, members of the public, the ber is expected to have a debate on the proposal the
private sector, civil society organisations, institutions and implementing 19th of March 2019 and vote on it on the 26th of March
organisations make preparations for Brexit in good time. This includes 2019. Link to information.
making preparations for a no deal scenario. Not all contingency and
preparedness measures can come from central government. The relevant
target groups can find out more via the following channels:
The private sector: the Brexit desk is the primary source of information
for the private sector. Other sources of information and resources are Central government internal
the Brexit Impact Scan, the information on Brexit from the Customs operational management
Administration, Brexit Vouchers, and the Netherlands Food and Con-
sumer Product Safety Authority (NVWA). Since late 2016 the govern- A no deal scenario may impact central government
ment has been calling on businesses to actively prepare for all possible operational management in several different ways.
scenarios. In the run-up to Brexit, communication targeting the private Government service providers will be informed via
sector is being stepped up. various channels, including the Brexit Impact Scan
• Information events for businesses and trade associations are being for subnational authorities. Ministries, implementing
organised; intensive cooperation with private sector organisations organisations and subnational authorities are respon-
like the Confederation of Netherlands Industry and Employers sible for carrying out their own internal risk analyses
(VNO-NCW) and Royal Association MKB-Nederland for www. and for preparing suitable measures.
hulpbijbrexit.nl, as well as with Chambers of Commerce. This is
in addition to a campaign focusing on healthcare and a national
multimedia campaign launched on 28 January 2019.
• The Brexit desk provides access to EU no deal notices (in Dutch) via
a link, and also has a page providing accessible overviews of the European Commission
impact and necessary preparations for given issues and sectors.
Citizens: Government.nl is the primary source of information for The European Commission has also stepped up
citizens, in addition to the Immigration and Naturalisation Service preparations for a no deal Brexit. On 13 November
Introduction and 19 December 2018 the Commission published
(IND) for British nationals in the Netherlands and the Dutch Embassy After the Brexit, the United Kingdom (UK) will period and from Brexit day onwards, EU
in London for Dutch nationals in the UK. law will no longer apply to the UK. A no deal Communications setting out its Action Plan for a no
no longer be a member of the European Un-
• A decent solution for British nationals was announced on 7 Janu- scenario will have a far-reaching impact and deal scenario. The government has assessed both
ion (EU). In order to ensure the UK’s orderly
ary 2019 (Parliamentary Paper 239 87, no. 299 (Dutch)). can cause disruption to both the UK and the publications. The Commission’s preparations have
departure from the EU, an agreement (deal)
• On 7 January 2019 the IND started sending out letters to British EU. The Dutch government is doing its utmost also been published by way of 88 sector-specific
between the UK and the EU is the best option
nationals. to mitigate all foreseeable consequences as preparedness notices. The Commission publishes its
for all parties. The agreement on the UK’s de-
Subnational authorities: Brexit Impact Scan for subnational authori- well as possible, but it is inevitable that a no plans on the European Commission Brexit page.
parture (Brexit) has not yet been approved by
ties, launched on 13 December 2018. deal Brexit will be accompanied by disruptions 1. C
OM(2018) 556 of 19 July 2018 on preparing for the
the UK parliament. The Netherlands and the
• This tool is still being expanded to cover all implementing and problems. This overview offers a short withdrawal of the United Kingdom from the European
EU are therefore still preparing for all scenar-
organisations. explanation of the expected consequences of Union.
ios. One of those scenarios is that no agree-
• Information sessions are held for government service providers. a no deal scenario and the mitigating measures 2. C
OM(2018) 880 of 13 November 2018 on a EU
ment is reached. If the UK leaves without a
taken by the government. Contingency Action Plan, including:
deal in place, there will be no transition
• an overview of the 88 sector-specific stakeholder
Scenario exercises notices (as of 13 November 2018)
• the government’s assessment of the Withdrawal
Since mid-September 2018, themed sessions have been held as part of Agreement (Parliamentary Paper 23 987, no. 291).
interministerial crisis preparations. In these sessions, experts on policy, 3. C
OM(2018) 890 of 19 December 2018 on
implementation, monitoring and crises look at worst-case scenarios in implementing the Commission’s Contingency Action
order to think carefully about what could happen in a no deal scenario. Plan, which includes a list of 14 legislative acts
During these sessions, exercises based on different scenarios are carried adopted by the Commission as of 19 December 2018.
out using the national crisis structure. List of legislative initiatives and other legal acts.
• Government assessment (Parliamentary Paper 22
112, no. 2753)
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 2A: Citizens Education
Impact: British nationals studying in the Netherlands will lose
No deal Brexit: Impact and measures their right to student finance as of Brexit date and their right to
pay statutory tuition fees as of the 2019-2020 academic year.
Residence rights and access to the labour market Measures:
in the Netherlands • A decent solution: British nationals residing in the Netherlands
prior to the date on which the UK leaves the EU will be able to con-
Impact: 45,000 British nationals and their family members will tinue studying as EU students (i.e. with a right to receive student
lose their residence rights. 20,000 British employees will lose finance and to pay statutory tuition fees). British nationals who
access to the Dutch labour market. relocate to the Netherlands after Brexit and study in the Nether-
lands will be treated as non-EU nationals.
Measures:
• A decent solution: British nationals and their family members
who were legally resident in the Netherlands before the UK’s
Driving licences
departure from the EU will retain their right to reside, study and
Impact: UK driving licences will only be valid for 185 days from the
work in the Netherlands for 15 months by way of a temporary
moment that a person relocates to the Netherlands.
residence permit. During that period, they will be able to apply for
a residence permit on the basis of the same permanent residence
Measures:
requirements that apply to EU citizens.
• Holders of UK driving licences living in the Netherlands will be able to
Professional qualifications exchange their licence for a Dutch licence for up to 15 months after
the UK leaves the EU, under the rules that apply for the exchange of
Impact: New applications for recognition of UK qualifications will EU licences. During that period, they can continue driving on their UK
be processed in accordance with the procedure for third countries. licence, provided the licence is still valid.
The UK will not participate in databases like the Internal Market
Information System (IMI) and will not exchange information with Voting rights
other European countries about care professionals who have had
restrictions imposed upon them. Impact: Once the UK is no longer a member of the EU, British
nationals will lose their right to vote in elections for the Euro-
Measures: pean Parliament held in the Netherlands.
• Professional qualifications recognised before Brexit will remain
valid. Where possible, applications that are still ongoing on the day Measures:
the UK withdraws from the EU will be processed in accordance with the • British nationals will be informed about this by their municipality
rules that applied before that date. Applications submitted from the in the Netherlands.
day after Brexit and onwards will be processed in accordance with the Citizens
procedure for third countries. A no deal Brexit could have a wide-ranging rights wherever possible. British nationals
in the Netherlands have been informed
Tax regulations
impact on both British nationals in the
Social security Netherlands and Dutch nationals in the UK about their rights by the Immigration and
Impact: People living in the UK with income from the Nether-
in terms of residence rights, access to the Naturalisation Service (IND). Dutch natio-
lands will lose the right to tax credits and certain deductible
Impact: The EU Regulation on the Coordination of Social Security labour market, social security, driving licen- nals in the UK can find information from a
items.
Systems will cease to apply to the UK. ces, benefits, education and travel. Citi- range of sources, including the website of
zens’ rights are a top priority for the Dutch the Dutch embassy in London.
Measures:
Measures: government. The government has therefo- • A national transitional arrangement will be introduced whereby
• A decent solution: Benefit payments that are ongoing on the day re taken measures to guarantee citizens’ > Read more here the UK will be treated as an EU member state for tax purposes until
the UK leaves the EU will continue in so far as this is possible. The
the end of 2019.
European Union is also preparing measures.
Travel
Benefits Dutch nationals in the UK
Impact: There will be stricter requirements when travelling with
Impact/measures:
Impact: There will be an impact on benefits received by Dutch pets. For more information, see the website of the Netherlands
• Social security. The EU Regulation on the coordination of social security systems will no
nationals in the UK and British nationals in the Netherlands. Food and Consumer Product Safety Authority (NVWA). Travellers
longer apply to the UK. Possible negative financial effects for Dutch benefit claimants in the UK.
will need to declare goods to the Customs Administration.
• Benefits. Impact on benefits for Dutch nationals in the UK. Dutch nationals living in the UK
Measures:
will retain the right to child budget and childcare benefit for six months after the UK leaves the EU.
• Dutch nationals living in the UK will retain the right to child Measures:
• Tax regulations. People living in the UK with income from the Netherlands will lose
budget and childcare benefit for six months after the UK leaves • Central government will provide the most up-to-date information
the right to tax credits and certain deductible items. A national transitional arrangement
the EU. British benefit recipients living or working in the Neth- about travelling to the UK. The European Commission is preparing
will be introduced whereby the UK will be treated as an EU member state for tax purposes until the
erlands will retain their right to benefits if they hold a valid to place the UK on the list of countries whose nationals do not
end of 2019.
residence permit. require a visa to visit the EU.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 3Elaboration A: Citizens
No deal Brexit: Impact and measures
Measures at EU Further information (parliamentary papers, EU
Sub-theme Impact of a no deal scenario Measures at national level Ministry
level proposals, etc.)
NL residence • 45,000 British nationals and their family members will lose their residence • Decent solution: British nationals and their family members who were legally resident in Social Affairs > Letter to parliament on a decent solution for British natio-
rights and rights. the Netherlands before the UK’s departure from the EU will retain their right to reside, and Employment nals in the Netherlands
access to labour • 20,000 British employees will lose access to the Dutch labour market. study and work in the Netherlands for 15 months by way of a temporary residence permit. / Justice and
market During that period, they will be able to apply for a residence permit on the basis of the Security / Interior
same permanent residence requirements that apply to EU citizens. and Kingdom
• British nationals who were legally resident in the Netherlands before the UK’s withdrawal Relations
will be exempted from any civic integration requirement.
• British nationals who were legally resident in the Netherlands before the UK’s withdrawal
will not require a work permit.
• IND staffing increase
• IND communication campaign
Professional New applications for recognition of UK professional qualifications will be • Professional qualifications recognised before Brexit will remain valid in the Netherlands. Education, Cultu- > Letter to parliament on the state of affairs regarding Brexit
qualifications processed in accordance with the procedure for third countries. • Where possible, applications that are still ongoing on the day the UK withdraws from the re and Science contingency planning following the motion by MP Bram van
EU will be processed in accordance with the rules that applied before that date. Ojik
• Applications submitted from the day after Brexit and onwards will be processed in accor-
dance with the procedure for third countries. This varies depending on the profession in
question.
Social security The EU Regulation on the coordination of social security systems will no A decent solution: Benefit payments that are ongoing on the day the UK leaves the EU will European Commis- Social Affairs and > Letter to parliament on social security
longer apply to the UK. Possible negative financial effects for Dutch benefit continue in so far as this is possible. sion’s social security Employment
claimants in the UK and people living in the Netherlands who have worked in proposal
the UK in the past.
Benefits Impact on benefits for Dutch nationals in the UK and British nationals in the • Dutch nationals living in the UK will retain the right to child budget and childcare benefit Finance > Tax Administration impact analysis (excludes the Customs
Netherlands for six months after the UK leaves the EU. Administration)
• British benefit recipients living or working in the Netherlands will retain their right to
benefits if they hold a valid residence permit.
Tax regulations People living in the UK with income from the Netherlands will lose the right to A national transitional arrangement will be introduced whereby the UK will be treated as an Finance > Letter to parliament concerning a transitional tax arrange-
tax credits and certain deductible items. EU member state for tax purposes until the end of 2019. ment
Education • British nationals studying in the Netherlands will lose their right to student • Decent solution: British nationals living in the Netherlands prior to the date on which European Commis- Education, Cultu- > Letter to parliament on a decent solution for British natio-
finance from Brexit date. the UK leaves the EU will be able to continue studying as EU students (i.e. with a right to sion proposal on re and Science nals in the Netherlands
• British nationals studying in the Netherlands will lose their right to pay receive student finance and pay statutory tuition fees). Erasmus+
statutory tuition fees from the 2019-2020 academic year onwards. • British nationals who relocate to the Netherlands after Brexit and study in the Netherlands
will be treated as non-EU nationals.
Driving licences For holders of UK driving licences who move to the Netherlands, their licence • Holders of UK driving licences living in the Netherlands will be able to exchange their UK Infrastructure > Letter to parliament on a decent solution for British natio-
will only remain valid for 185 days. Once a holder of a UK licence has been licence for a Dutch one up to 15 months after the date of Brexit. They will be able to do and Water Ma- nals in the Netherlands
in the Netherlands for more than 185 days, their UK licence will no longer be this under the rules that apply to the exchange of EU driving licences. They will also be nagement > Second memorandum of amendment regarding the Brexit
valid. able to continue to drive on the UK licence during this 15-month period, provided that the Omnibus Act
licence is still valid. They will not need to retake their driving test. > Answers from the Minister of Infrastructure and Water
• UK licences can be exchanged under the same conditions that applied prior to Brexit, with Management to questions in parliament about Brexit and
a choice between receiving a Dutch licence with full validity or a Dutch licence that has the driving licences
same (remaining) validity as the UK one.
Voting rights British nationals living in the Netherlands will lose their right to vote in Euro- British nationals will be informed about this by their municipality in the Netherlands. Interior and > Letter to parliament on the state of affairs regarding Brexit
pean Parliament elections because the UK will no longer be a member of the Kingdom Rela- contingency planning following the motion by MP Bram van
EU. This will always be the case, whether there is a deal or not. tions Ojik
Travel Travellers may require a visa to enter the UK from the EU. Central government will provide the most up-to-date information about travelling to the UK. European Com- Foreign Affairs > Letter to parliament from the Minister of Foreign Affairs
It is possible that stricter requirements will apply when travelling with pets. mission proposal containing the BNC assessment of the amendment to the
Travellers will have to declare goods to the Customs Administration. to place the UK on Regulation concerning the list of countries whose nationals
the list of countries do or do not require a visa in relation to Brexit
whose nationals do > Government.nl
not require a visa to > Netherlandsworldwide.nl (UK page)
visit the EU.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 4B: Healthcare
No deal Brexit: Impact and measures
Access to healthcare for Dutch nationals
in the UK Security of supply
Impact: Dutch nationals who are resident in Impact: There is a risk to security of supply with
the UK and who, under Regulation (EC) No regard to certain medicines and medical devices.
883/2004, are entitled to healthcare in their
country of residence will lose their entitlement Measures:
to healthcare in the UK and in the rest of the • Central government is proactively working to
EU at the Netherlands’ cost. They will instead prevent issues.
receive care solely via the UK’s National Health • Steps are being taken to gain a systematic overview
Service (NHS). They will no longer need to pay of critical medicines.
contributions in the Netherlands. • The Netherlands is urging the European Commis-
sion to take action to coordinate regulatory issues
Measures: regarding medical devices.
• Under the Brexit Omnibus Act any ongoing treat- • The healthcare sector is being urged to gain insight
ment being received by this group outside the UK into dependence on UK and to make appropriate
when the UK leaves the EU can still be completed. preparations.
The NHS does not cover the cost of treatment • Economic operators are being asked to make sure
abroad. they meet EU market access requirements in good
time.
Impact: Other Dutch nationals living in the UK • Preparations for the use of the national regulatory
already receive their treatment via the NHS, and exemption for derogation of medical devices with
will continue to do so, as long as they fulfil UK an UK CE-certificate for public health reasons.
national law requirements.
European Health Insurance Card
Access to healthcare for British na-
tionals living or working in the Nether- Healthcare measures are being taken at national level,
lands A no deal Brexit will have a significant im- but solutions at EU level are also being Impact: Holders of a European Health Insurance
pact on healthcare. Some areas that will be sought. It is important that businesses and Card (EHIC) based in the Netherlands will no
Impact: British nationals who live or work in the affected include health insurance, medical institutions within the healthcare sector longer be able to use it in the UK (and vice ver-
Netherlands must take out healthcare insurance, research and the supply of medicines and are involved in finding these solutions sa). This will have an impact on health insurance
in accordance with Dutch law. medical devices. The Dutch government wherever possible. They are being called for British and Dutch travellers and for health-
is working hard to prevent all foreseeable upon to prepare for a no deal scenario. care institutions in the Netherlands.
Measures: healthcare impacts as much as it can, and
to mitigate or respond to those for which Measures:
• Communication with the target group is being
prevention is not possible. As a result, • Once the UK leaves the EU, it will be considered a
prepared. NB. The majority of this group already > Read more here third country and Dutch citizens will be able to use
falls under Dutch law and has health insurance.
the global coverage set out in the Dutch Health
Insurance Act and the Chronic Care Act.
• British nationals travelling to the Netherlands
will need to make sure they have the appropriate
health or travel insurance. The UK has commu-
nicated to focus on this in its own contingency
planning. The NHS does not currently cover the
cost of treatment outside the UK.
• It will no longer be possible for the Netherlands to
pass healthcare costs incurred by uninsured British
nationals on to the UK. Healthcare institutions
will need to take account of this and check the
insurance status of patients from the UK.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 5Elaboration B: Healthcare
No deal Brexit: Impact and measures
Further information (parliamentary papers, EU
Sub-theme Impact of a no deal scenario Measures at national level Measures at EU level Ministry
proposals, etc.)
Healthcare Small number of Dutch nationals who are resident in the UK and, Solution for this small group of Dutch nationals in the UK: the Health, > Letter to parliament on a decent solution for British natio-
under Regulation (EC) No 883/2004, are currently entitled to health- Netherlands will cover the cost of any ongoing treatment outsi- Welfare and nals in the Netherlands
care at the Netherlands’ cost (approx. 1,250 people, e.g. those with a de the UK under the Brexit Omnibus Act. Sport > Brexit Omnibus Act
Dutch pension living in the UK) will instead receive care solely via the > Letter to parliament on the impact of a no deal Brexit in the
NHS. The NHS does not cover the cost of treatment outside the UK. field of health, welfare and sport
Access to insured Dutch nationals living in the UK will continue to be entitled to Communication with the target group. > Memorandum of Reply concerning the report on the Brexit
healthcare for healthcare under the National Health Service (NHS) under the laws Omnibus Act: question 97/98
Dutch nationals in applicable in the UK, provided they are legally resident in the UK.
the UK
Access to insured Under the Health Insurance Act and the Chronic Care Act, British na- Communication with the target group. Health, > Memorandum of Reply concerning the report on the Brexit
healthcare for tionals living or working in the Netherlands need to take out Dutch Welfare and Omnibus Act: question 97/98
British nationals health insurance. Sport > COM(2018) 890 of 19 December 2018 on the Commission’s
UK information
living or working Contingency Action Plan
in the Netherlands
European Health Holders of a European Health Insurance Card (EHIC) based in the Dutch and British nationals will be informed via Government.nl. Health, > Letter to parliament of 20 December 2018 on the impact of
Insurance Card Netherlands will no longer be able to use it in the UK (and vice Netherlands: communication with sector regarding risks relating Welfare and a no deal Brexit in the field of health, welfare and sport
versa). to uninsured patients from the UK (see Brexitloket.nl/zorg). Sport > www.brexitloket.nl/zorg
> www.government.nl
The global coverage set out in the Health Insurance Act and the The UK has made communication with British nationals on this
Chronic Care Act will apply to Dutch nationals going on holiday to issue a focus of its own contingency planning: www.nhs.uk/
the UK. using-the-nhs/healthcare-abroad
British nationals travelling to the Netherlands as tourists will need
to make sure they have the appropriate health or travel insurance.
It will no longer be possible to pass healthcare costs incurred by
uninsured British nationals on to the UK.
Healthcare providers will need to check the insurance status of
patients from the UK.
Security of supply There is a risk to security of supply of certain medicines, medical • Central government is proactively working to avoid issues The Netherlands is working with Health, > Letter to parliament on the impact of a no deal Brexit in the
devices, in vitro diagnostics , medical research and human tissues relating to security of supply of medicines and medical other EU member states has Welfare and field of health, welfare and sport
and cells. equipment. urged the European Commission Sport > Answers to parliamentary questions on the preparations
• Steps are being taken to gain a systematic overview of crit- to develop a joint approach on to prevent medicine shortages
ical medicines. medical devices in specific cases > Letter to parliament concerning the preparations for a no
• The Netherlands is urging the European Commission to take when continuity of care is at risk. deal Brexit in the healthcare sector
action to coordinate regulatory issues regarding medical > Letter to parliament concerning the preparations for a no
devices. deal Brexit in the health care sector (update 19/3)
• The healthcare sector is being urged to gain insight into > www.brexitloket.nl/zorg
dependence on UK and to make appropriate preparations.
• Economic operators are asked to make sure they meet EU
market access requirements in good time.
• Preparations for the use of the national regulatory exemp-
tion for derogation of medical devices with an UK CE-certifi-
cate for public health reasons.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 6C: Border control
No deal Brexit: Impact and measures
Royal Military and Border Police (KMar): Customs Administration
passport checks
Impact: Customs formalities, tariffs and other
Impact: British nationals will no longer be EU provisions for the import, export and transit of
citizens, so they will be subject to more rigorous goods between the UK and the EU will apply.
checks. This will result in an increase in the number of
customs declarations and in the number of trav-
Measures: ellers who will be subject to customs checks.
• Capacity increase of 14 FTEs for border guards.
• Operational and infrastructural measures in coopera- Measures:
tion with the aviation and maritime sectors. • Increase in number of Customs Administration
• Flexible deployment of staff. staff and accommodation capacity, preparation of
IT systems and increase in resources required for
Impact: Commercial air carriers must provide the checks, temporary reallocation of current resources
border authorities (KMar) with advanced passenger and gradual build-up of risk-based checks on
information (API). goods transport between the UK and the Nether-
lands. The EU is preparing contingency measures
Measures: and actively informs the business community
• Capacity increase of 8 FTEs for processing passenger through a no deal campaign (link to EU customs
information in accordance with API Directive. campaign).
Impact: The introduction of customs formali-
Netherlands Food and Consumer ties means that companies trading with the UK
Product Safety Authority (NVWA)/ need an EORI number in order to ensure that
inspection authorities their declarations are processed by the Customs
Administration on time. Businesses must also
Impact: Introduction of veterinary and phytosani-
Border control check which permits and other requirements
With regard to transport and travel to the to checks. These checks will become more apply to them.
tary (SPS) export and import procedures alongside thorough when the UK leaves the EU. Ad-
UK, Dutch seaports and airports will soon
customs procedures. In order to ensure market ditional rules will also be put in place with
form an external border of the EU. This Measures:
access and safety, products must meet EU regula- regard to the transport of animals, animal
means that, after the UK withdraws from • Letters have been sent to businesses that traded
tions (for imports into the EU) and UK regulations products and plant products.
the EU, all goods that cross the border will with the UK in 2018 regarding the necessary
(for imports into the UK).
need to go through Customs. Given that preparations in the case of a no deal Brexit, includ-
the UK is not part of the Schengen area, ing the need to apply for an EORI number.
Measures:
travellers themselves are already subject • The Customs Administration is actively campaign-
• Staff increases at NVWA, the Fruit and Vegetables > Read more here
Quality Control Board (KCB), the Netherlands Inspec- ing with a particular focus on informing businesses.
tion Service for Horticulture (Naktuinbouw) and the
Netherlands Controlling Authority for Milk and Milk
Products. In addition, flexible deployment of staff and
restructuring of inspections will be needed. Meas-
ures will also be taken at EU level (see the notices via
Brexitloket.nl).
Impact: In the absence of an inspection post, no live
animal imports will be possible via seaports.
Measures:
• Steps are taken to encourage and facilitate the private
sector in setting up an inspection post.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 7Elaboration C: Border control
No deal Brexit: Impact and measures
Further information (parliamentary papers, EU
Sub-theme Impact of a no deal scenario National action Measures at EU level Ministry
proposals, etc.)
KMar British nationals will no longer be EU citizens, meaning they will be subject to • Additional border guards (14 FTEs) Justice and > Letter to parliament from the Ministry of Justice and Secu-
rigorous checks. • Operational and infrastructural measures in coopera- Security rity on various Brexit scenarios
tion with the aviation and maritime sectors.
Commercial air carriers must provide the border authorities (KMar) with ad- Capacity increase of 8 FTEs for processing passenger infor- Justice and > Letter to parliament from the Ministry of Justice and Secu-
vanced passenger information (API). mation in accordance with the API Directive. Security rity on various Brexit scenarios
Customs Admi- • Customs formalities and tariffs (import duties in accordance with WTO • Increase in Customs Administration staff (928 FTEs of • Adjustment of deadlines for submission of Finance > Letter to parliament on the state of affairs regarding
nistration tariffs and taxes) will apply to the export and transit of goods between the which 321 FTEs will be deployable as of 30 March). summary declarations for import and export of Brexit contingency planning following the motion by MP
UK and the EU. • Increase in accommodation capacity. goods by sea to and from the UK. Bram van Ojik
• This will lead to a significant rise in the number of customs declarations • Other provisions will apply with regard to safety, • The UK has acceded to the Common Transit > Ernst & Young (EY) report on preparations by the Customs
and the number of travellers whose luggage and other goods are subject health, the economy and the environment. Convention. Administration for Brexit
to customs inspections. • Preparation of IT systems and increase in resources • Guidelines on dealing with goods that are in transit > Answers to parliamentary questions on preparations by
required for checks, temporary reallocation of current on the day the UK withdraw from the EU (expected the Customs Administration following the report by EY
resources. to be published in late February). > ARK report on preparations by the Customs Administrati-
• Gradual build-up of risk-based checks on goods trans- • Amendment of the annexes to the Implementing on for Brexit
port between the UK and the Netherlands. Regulation for the Union Customs Code (UCC) > Answers to parliamentary questions on preparations by
regarding the guarantee forms for transit and the the Customs Administration following the report by ARK
annexe for including air transport costs in customs > COM(2018) 890 of 19 December 2018 on the Commissi-
values for consignments from the UK. on’s Contingency Action Plan
• Instructions on how national governments must > https://ec.europa.eu/info/files/guidance-customs-mat-
adapt EU customs systems. ters-case-no-deal_en
• Actively informing businesses with an EU no deal > https://ec.europa.eu/info/files/guidance-exci-
campaign se-ongoing-movements-goods_en
Businesses must prepare by: A letter was sent to businesses that traded with the UK The European Commission will actively inform busines- Finance > www.douane.nl/Brexit
• ensuring that they have an EORI number. This number is required in order in 2018 in order to inform them of the preparations they ses by way of a no deal campaign. > http://europa.eu/rapid/press-release_IP-19-901_en.htm
to submit customs declarations or apply for a permit. needed to make in the case of a no deal Brexit. In addition to
• ensuring that they can submit declarations to the Customs Administra- the central government-wide communications campaign,
tion. Alternatively, businesses can submit declarations via a customs the Customs Administration is actively campaigning with a
agent. If businesses wish to submit their own declarations, they must particular focus on informing businesses.
purchase software and apply for access to the system used for electronic
messaging between businesses and the Customs Administration.
• checking whether they require customs permits.
• checking whether other requirements apply in addition to customs
formalities. This includes inspection requirements for animal products or
additional rules that apply to the export of waste.
NVWA and rela- • Imports and exports will be subject to veterinary and phytosanitary certifi- • Increased number of staff at the Netherlands Food and Agriculture, > Letter to parliament on the state of affairs regarding
ted inspection cation and checks, depending on the requirements set by the UK and EU. Consumer Product Safety Authority (NVWA) (143 FTEs). Nature Brexit contingency planning following the motion by MP
authorities In order to ensure market access and safety, products must meet EU • Increased number of staff at the Fruit and Vegetables and Food Bram van Ojik
regulations (for imports into the EU) and UK regulations (for imports into Quality Control Board (KCB) (33 FTEs). Quality / > Answers to parliamentary questions on NVWA preparati-
the UK). • Increased number of staff at the Netherlands Inspec- Health, ons
tion Service for Horticulture (Naktuinbouw) (12 FTEs). Welfare
• Increased number of staff at the Netherlands Control- and Sport
ling Authority for Milk and Milk Products (3 FTEs).
• Flexible deployment of staff and restructuring of
inspections.- Provision of information on the impact of
a no deal scenario.
Point of attention: Dutch seaports do not currently have inspection posts for • Encourage and facilitate the private sector in setting up Agriculture, > Answers to parliamentary questions on the establishment
livestock. In the absence of an inspection post, livestock will not be able to an inspection post. Nature of an inspection point for live animals
enter the Netherlands by ferry in the event of a no deal Brexit. Livestock will be and Food
able to enter through the airports at Schiphol or Maastricht or via routes where Quality
inspection posts are present in either France or Belgium.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 8D: Logistics and transport
No deal Brexit: Impact and measures
Aviation Ferry terminals
Impact: The UK will no longer be part of the Impact: Border controls may lead to congestion
European Common Aviation Area. Measures will at and around ferry terminals.
need to be taken, otherwise air traffic will not
be possible. As a non-EU country, the UK will no Measures:
longer be part of the One Stop Security (OSS) • Central government-wide ferry consultations.
system. This will mean extra security checks • Smart IT solutions for the rapid customs process-
for transfer passengers at Amsterdam Schiphol ing of freight carried by lorries.
airport. Aviation safety certificates and licences • A consultative platform involving local and region-
issued in the UK will no longer be valid without al stakeholders to devise traffic circulation plans to
further measures. There will be problems with mitigate congestion.
the validity of certificates for certain aeronauti- • Various operational and other meetings to discuss
cal products, parts and equipment and aviation responsibilities, tasks and mutual expectations.
businesses. • Consultations with ferry companies on access to
the port (if formalities have been complied with).
Measures:
• The EU has prepared measures including: a unilat-
eral temporary solution for aviation, inclusion of
the UK in the OSS system, and temporary recogni-
tion of certificates and licences.
Road haulage Maritime transport
Impact: Dutch freight transport from, to, Logistics and transport Impact: International regulations on maritime trans-
through or in the UK will not be possible without The UK’s withdrawal from the EU without ports, the Dutch government is drawing port will continue to apply with regard to safety, the
further measures. a deal will affect transport by road, air and up traffic circulation plans with local and environment and port state control. Rescue oper-
sea. Air travel, for example, will not be regional authorities and other partners. ations at sea and mutual assistance are also based
Measures: possible unless certain measures are taken. on international agreements. If freight transport be-
• The EU has prepared a regulation that will tempo- Solutions are being prepared at EU level. In tween Ireland and the rest of the EU can no longer
rarily allow British hauliers to operate into the EU order to minimise traffic congestion at > Read more here pass unhindered through UK territory, maritime
on condition that the UK reciprocates. transport will become more important.
• The UK will adopt the procedure provided for
under the TIR (Transports Internationaux Routiers) Measures:
Convention, as a result of which freight transport • The European Commission has proposed to amend
between Ireland and other EU members states via the TEN-T Regulation so that the North Sea-Medi-
the UK will not be impeded. terranean Corridor no longer runs via the UK, but by
sea between the ports of Ireland and those of France,
Belgium and the Netherlands.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 9Elaboration D: Logistics and transport
No deal Brexit: Impact and measures
Further information (parliamentary
Sub-theme Impact of a no deal scenario National measures Measures at EU level Ministry
papers, EU proposals)
Aviation The UK will no longer be part of the European Common Aviation The EU has taken temporary measures to ensure basic air transport Infrastructure and > https://www.consilium.europa.eu/en/press/
Area: no flights possible. connectivity. These measures require reciprocity from the UK side. Water Manage- press-releases/2019/03/19/brexit-council-
Rules are also in place to make sure that flying between the EU and ment adopts-a-series-of-contingency-measures-
the UK remains safe. for-a-no-deal-scenario/
The UK will no longer be part of the One Stop Security (OSS) The EU has taken measures to add the UK to the One Stop Security Justice and Secu- > https://eur-lex.europa.eu/legal-content/EN/
system: extra security checks. system. rity / Infrastruc- TXT/PDF/?uri=OJ:L:2019:073:FULL&from=EN
ture and Water > Letter to parliament from the Ministry of
Management Justice and Security on various Brexit scena-
rios
Aviation safety certificates and licences issued by the UK will no The EU has taken temporary measures to recognize safety certi- > https://www.consilium.europa.eu/en/press/
longer be valid: aircraft will be grounded. ficates issued by EASA to UK parties for nine months after Brexit. press-releases/2019/03/19/brexit-council-
Moreover, safety certificates issued by the UK for parts and applian- adopts-a-series-of-contingency-measures-
ces before Brexit will be recognized after. for-a-no-deal-scenario/
Legal basis for air traffic management agreements will cease to • Agreements between service providers. • Certification of UK service provider. > COM(2018) 890 of 19 December 2018 on the
exist: possible disruption affecting safety/capacity. • Service providers to apply to competent EU/UK authorities for • Oversight of EASA certification. cert Commission’s Contingency Action Plan
certification.
• Operational measures will be taken to ensure air traffic manage-
ment can continue to be delegated.
Road haulage Dutch freight transport from, to, through or in the UK will not be The EU has taken temporary measures to ensure basic road freight Infrastructure and > https://www.consilium.europa.eu/en/press/
possible. and road passenger connectivity. These measures require reciproci- Water Manage- press-releases/2019/03/19/brexit-council-
ty from the UK side. ment adopts-a-series-of-contingency-measures-
for-a-no-deal-scenario/
Ferry Border controls may cause congestion at Europoort, Rozenburg, • Central government-wide ferry consultations (including ferry Infrastructure and > Letter to parliament on no deal contingency
terminals Hook of Holland, Vlaardingen and IJmuiden. companies) to streamline ferry operations in order to minimise Water Manage- planning and preparedness from the Minis-
congestion at seaports. ment ter of Infrastructure and Water Management
• Rijkswaterstaat will initiate, coordinate and implement traffic > Answers from the Minister of Infrastructure
circulation plans in consultation with all stakeholders (municipal and Water Management to questions in
and provincial authorities, ferry companies, customs, port author- parliament about Brexit
ities, police, the Royal Military and Border Police (KMAR), the > www.getreadyforbrexit.eu
Netherlands Food and Consumer Product Safety Authority (NVWA)
and the safety region).
• Various operational and other meetings to discuss responsibilities,
tasks and mutual expectations.
• Ferry companies have agreed that access to the port will only be
granted if formalities have been complied with.
Maritime • International regulations on maritime transport will The Commission has proposed to amend the TEN-T Regulation so
transport continue to apply with regard to safety, the environment that the North Sea-Mediterranean Corridor no longer runs via the
and port state control. Rescue operations at sea and mutual UK, but by sea between the ports of Ireland and those of France,
assistance are also based on international agreements. Belgium and the Netherlands.
• If freight transport between Ireland and the rest of the EU
can no longer pass unhindered through UK territory, mari-
time transport will become more important and additional
facilities will be needed at EU ports.
Informing the The various sectors must prepare for a no deal scenario. • Brexit impact scan
sectors • Stakeholder meetings
• Communication with industry bodies
• Communication using matrix signs on roads
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 10E: Security and data exchange
No deal Brexit: Impact and measures
Police and judicial cooperation Data exchange
Impact: Less scope for sharing information and Impact: EU rules on the exchange of personal
working together to tackle crime and terrorism. data with non-EU countries will apply to the UK.
A no deal Brexit is not expected to affect non-per-
Measures: sonal data, which will continue to flow freely.
• Fall-back options have been identified.
• Police liaison officers will be posted to the UK. Measures:
• Expansion of the National International Legal • Data can only be transferred if appropriate safe-
Assistance Centre. guards are in place.
• Preparations to reinforce the Public Prosecution • The EU is exploring the option of issuing an ade-
Service. quacy decision.
• Automation of the Interpol channel.
Security and data exchange
The Netherlands and the UK work together UK as to other non-EU countries, and the
closely on internal security. When the UK UK will no longer be bound by EU rules.
leaves the EU, it will no longer be possible
to use EU instruments for police and judi-
cial cooperation and information sharing
with the UK. To some extent, the exist-
ing multilateral conventions can be used
instead. The exchange of data will also be
affected: the same rules will apply to the
> Read more here
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 11Elaboration E: Security and data exchange
No deal Brexit: Impact and measures
Further information (parliamentary
Sub-theme Impact of a no deal scenario National measures Measures at EU level Ministry
papers, EU proposals)
Police and The Netherlands and the UK work together closely on inter- • Fall-back options identified. Justice and > Letter to parliament from the Ministry
judicial coop- nal security. Less scope after Brexit for sharing information • Police liaison officers will be posted to the UK. Security of Justice and Security on various Brexit
eration and working together to tackle crime and terrorism. • Expansion of the National International Legal Assistance scenario’s
Centre.
• Preparations to reinforce the Public Prosecution Service.
• Automation of Interpol channel.
Data ex- Rules for transferring personal data to non-EU countries will • Data can only be transferred if appropriate safeguards are in • The EU is exploring the option of issuing an adequacy Justice and > Letter to parliament from the Ministry
change: per- be reverted to. place. decision. Security of Justice and Security on various Brexit
sonal data scenario’s
> Letter to parliament on the impact of a no
deal Brexit in the field of health, welfare
and sport
> COM(2018) 890 of 19 December 2018 on
the Commission’s Contingency Action Plan
> www.autoriteitpersoonsgegevens.nl/nl/
nieuws/europese-toezichthouders-public-
eren-nadere-toelichting-brexit
> www.AVGhelpdeskzorg.nl/onderwerpen/
Brexit
Data ex- No impact on non-personal data. • No mitigating measures needed. • No mitigating measures needed. Economic > EU notice on data protection
change: Affairs and
non-personal Climate Policy
data
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 12F: Market access and trade
No deal Brexit: Impact and measures Intellectual property
Impact: The UK will become a third country, and
Market access and trade intellectual property rights have a clearly defined
territorial scope. In some instances it will be
Impact: UK-EU trade in goods will revert to WTO possible to revert to international agreements,
rules. All goods imported from third countries such as the WTO’s Trade-Related Aspects of
must comply with EU product standards and Intellectual Property Rights (TRIPS) Agreement.
requirements. Reverting to WTO rules means that
goods will be subject to tariffs and controls. Measures:
• Mitigating measure to protect original topog-
Measures: raphies of semiconductor products included in
• Campaign to raise awareness among businesses section VI of the Brexit Omnibus Act.
about the impact of Brexit and the need to prepare • Information campaign (via Brexit desk and other
(via Brexit desk, the Brexit Impact Scan, and meetings channels) on the impact of no deal and accompa-
organised in cooperation with the Confederation of nying mitigating measures.
Netherlands Industry and Employers).
• The Commission place the UK on the list of third
countries.
Public procurement
Services Impact: Possible consequences if the UK does
not become a member of the Government Pro-
Impact: After the UK’s withdrawal from the EU, curement Agreement (GPA) on time.
WTO rules will apply for services: the General
Agreement on Trade in Services (GATS). This may Measures:
affect market access and the national treatment • Information campaign (via Brexit desk and other
of service providers. channels) on the impact of no deal and accompa-
nying mitigating measures.
Measures: • The European Commission has indicated that
• Campaign to raise awareness among businesses public procurement procedures launched before
about the impact of Brexit and the need to prepare the day the UK withdraws from the EU will be
(via Brexit desk, the Brexit Impact Scan, and meet- Market access and trade completed in accordance with the EU regime.
ings organised in cooperation with the Confedera- In the event of a no deal Brexit, trade be- subject to tariffs, and quotas may apply to
tion of Netherlands Industry and Employers) tween the UK and the EU will revert to other certain products.
international agreements and regulations.
This means that, after the UK withdraws
from the EU, imports and exports will be
Audiovisual media companies
Goods in the supply chain > Read more here
Impact: British media service providers will have
Impact: Certificates will cease to be valid and the to apply to the Media Authority for permission
import of goods will not be permitted without to offer services in the Netherlands.
EU27 approval.
Measures:
Measures: • No measures planned.
• (Industrial) goods in the supply chain will largely
be subject to EU legislation.
• Information campaign (via Brexit desk and other
channels) on the impact of no deal and accompa-
nying mitigating measures.
• The Commission has stated that UK certificates
for individual (industrial) products that are on the
market before the UK leaves the EU will remain
valid.
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 13Elaboration F: Market access and trade
No deal Brexit: Impact and measures
Further information (parliamentary
Sub-theme Impact of a no deal scenario National measures Measures at EU level Ministry
papers, EU proposals)
Market access • UK-EU trade will revert to WTO rules, including import tariffs Initiative to raise awareness among businesses of the impact of As a non-EU country the UK must be included on the applicable Foreign > Letter to parliament concerning the state
and trade and quotas. Brexit and the need to prepare. list drawn up by the Commission in order to trade in certain goods Affairs / of affairs regarding Brexit contingency
• Problems in production chains if suppliers can no longer (such as those subject to SPS rules and CITES). Economic planning following the motion by MP Bram
deliver on time or their customers are unable to sell as much. As part of this effort: (i) a broad-based intensive information Affairs van Ojik
campaign is being conducted through various channels; (ii) the and > Letter to parliament on communication
government is conducting a dialogue with business to address Climate with business on Brexit
problems; (iii) the government has launched programmes like Policy > Court of Audit’s report on the financial and
‘Brexit vouchers’ and ‘Brexit buddies’ to support SMEs. economic impact of Brexit
> Letter to parliament of June 2018 giving
updated data from Statistics Netherlands
on Dutch trade with the UK
Goods in the Certain product groups to which harmonised legislation applies Industrial and other goods in the supply chain will largely be The Commission has stated that UK certificates for individual Ministry > Letter to parliament concerning the state
supply chain may only be traded on the basis of a certificate issued by a desig- subject to EU legislation. industrial and other products that are on the market before the of Econo- of affairs regarding Brexit contingency
nated notified body in the EU. UK leaves the EU will remain valid even after it leaves. Products mic Affairs planning following the motion by MP Bram
After a no deal Brexit, these goods may no longer be placed on Information campaign (via Brexit desk and other channels) on the brought onto the market after the UK withdrawal from the EU and van Ojik
the single market on the basis of certification from an notified impact of no deal and accompanying mitigating measures. must have approval from one of the EU27 countries. Producers are Climate
body, importer or authorised representative established in the responsible for arranging this. Policy
UK. Distributors will become importers, with all the associated
additional obligations. Since no deal will invalidate UK certificates,
certification from an notified body and an authorised representa-
tive established in the EU27 will be required to import goods.
Services After the UK’s withdrawal from the EU, WTO rules will apply for No measures planned. Information on what measures business can The Commission has indicated that it will not take any mitigating Ministry
services (GATS). This will affect market access and the national take will be provided via Brexit desk and other channels. measures in the area of services. of Econo-
treatment of service providers. Ongoing services and service mic Affairs
contracts are a transitional issue. and
Climate
Policy
Intellectual Reversion to international agreements, including WTO/TRIPs. • Inclusion in section VI of the Brexit Omnibus Act. Mitigating Ministry > Letter to parliament concerning the state
property Unitary intellectual property titles (trademark rights, design measure to protect topographies of semiconductor products of Econo- of affairs regarding Brexit contingency
rights and plant breeders’ rights) will no longer be effective in the included in Brexit Omnibus Act. mic Affairs planning following the motion by MP Bram
UK. • Information campaign (via Brexit desk and other chan- and van Ojik
nels) on the impact of no deal and accompanying mitigating Climate
measures. Policy > Explanatory Memorandum to the Brexit
Omnibus Act (Parliamentary Paper, House
of Representatives 2018-2019, 35084, no.
3)
Public procu- Dependent on UK accession to the Government Procurement Information campaign (via Brexit desk and other channels) on the Support for UK accession to GPA. Ministry > Letter to parliament concerning the state
rement Agreement (GPA). impact of no deal and accompanying mitigating measures. of Econo- of affairs regarding Brexit contingency
The Commission has also stated that contract award procedures mic Affairs planning following the motion by MP Bram
launched before the day the UK withdraws from the EU will be and van Ojik
completed in accordance with EU rules that applied when the pro- Climate
cedure began. Policy
Audiovisual British media service providers will have to apply to the Media No measures planned. No measures planned. > Letter to parliament concerning the state
media compa- Authority for permission to offer services in the Netherlands of affairs regarding Brexit contingency
nies (including those which already do so) and will be supervised by planning following the motion by MP Bram
this authority. van Ojik
General | Citizens | Healthcare | Border control | Logistics and transport | Security and data exchange | Market access and trade | Other economic matters | 14You can also read
