NOTICE ON TRAVELLING BETWEEN THE EU AND THE UNITED KINGDOM AFTER THE END OF THE TRANSITION PERIOD
1. INTRODUCTION
Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a “third country”.2 The Withdrawal Agreement3 provides for a transition period ending on 31 December 2020. Until that date, EU law in its entirety applies to and in the United Kingdom.4
During the transition period, the EU and the United Kingdom will negotiate an agreement on a new partnership, providing notably for a free trade area. However, it is not certain whether such an agreement will be concluded and will enter into force at the end of the transition period. In any event, such an agreement would create a relationship which in terms of market access conditions will be very different from the United Kingdom’s participation in the internal market,5 in the EU Customs Union, and in the VAT and excise duty area.
Moreover, while UK nationals were considered, during the transition period, as nationals of an EU Member States this will end at the end of the transition period. After the end of the transition period, UK nationals will be third country nationals as regards the implementation and application of EU law in the EU Member States.
Therefore, persons who plan to travel to the EU or who plan travels in relation to the United Kingdom (Great Britain/Northern Ireland) (for private or business reasons) at the end of the transition period or thereafter, and businesses providing services in relation to such travel (travel organisers, travel agencies, car rental companies, trade fairs, transport companies, etc.) are reminded of the legal situation applicable after the end of the transition period.
2 A third country is a country not member of the EU.
3 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 L 29, 31.1.2020, p. 7 (“Withdrawal Agreement”).
4 Subject to certain exceptions provided for in Article 127 of the Withdrawal Agreement, none of which is relevant in the context of this notice.
5 In particular, a free trade agreement does not provide for internal market concepts (in the area of goods and services) such as mutual recognition, the “country of origin principle”, and harmonisation. Nor does a free trade agreement remove customs formalities and controls, including those concerning the origin of goods and their input, as well as prohibitions and restrictions for imports and exports.
2. BORDER CHECKS ON PERSONS AT THE EU EXTERNAL BORDER,6 AIRPORT TRANSIT VISA
2.1. Entry and exit checks
Union law8 on border checks at the EU external borders on persons distinguishes between controls of EU citizens and of third country nationals.9 As from the end of the transition period, controls of UK nationals upon entry to and exit from the Schengen area without controls at internal borders (hereafter “the Schengen area”) as well as to and from Member States for which the decision on lifting controls has not been taken yet but which apply
6 For more information, please consult https://ec.europa.eu/home-affairs/what-we-do/policies/borders- and-visas/border-crossing_en.
7 Commission Notice 2020/C 173/01- Guidance Note relating to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community Part Two – Citizens’ Rights, OJ C 173, 20.5.2020, p. 1.
8 Article 8(2) and (3) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
9 Please note that UK nationals who are members of the family of a Union citizen who have exercised his or her right to free movement are subject to the rules set out in Article 5 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ L 158, 30.4.2004, p. 77. Consequently this section does not apply to UK nationals who derive free movement rights by virtue of their relationship to a Union citizen under Directive 2004/38/EC.
Schengen rules at their external borders10 will follow the rules for third country nationals. 11 This means that they will no longer enjoy facilitations at the borders provided for EU citizens, nationals of the contracting states of the European Economic Area, and Swiss nationals (“EU/EEA/CH citizens”) related to the free movement rights. In particular, UK nationals, including beneficiaries of Part Two of the Withdrawal Agreement, will not be entitled to use the separate lanes provided for EU/EEA/CH citizens to carry out checks at border crossings.12 UK nationals will also be subject to thorough checks with regard to all entry conditions for third country nationals upon entry.
The entry checks on UK nationals include verification of:13
– the possession of a valid travel document for crossing the border; the document needs to have a validity of no more than ten years, with an expiry date of at least three months after the intended departure from the Member States;
– the duration of the stay:
– for short stays in the Schengen area, UK nationals will be subject to limitations as regards the authorised duration of stay within the Schengen area (with a maximum of 90 days in a 180-day period);
– for long stays, they will in principle require a residence permit or long stay visa issued by national authorities, under national or Union rules;
– relevant databases with a view to verify:14
– the identity and the nationality of the third-country national and of the authenticity and validity of the travel document for crossing the border, and in particular:
– if an alert has been issued in the Schengen Information System (SIS) for the purposes of refusing entry and to check possible threats to public policy, internal security, public health and international relations;
10 Romania, Bulgaria, Cyprus, and Croatia.
11 It should be noted that parts of these controls do already apply today, to UK nationals when traveling into or out of the Schengen area.
12 Article 10 of Regulation (EU) 2016/399.
13 Article 6 of Regulation (EU) 2016/399.
14 Please note that the possibility of a temporary derogation from the principle, subject to some conditions, of the systematic checks against relevant databases at some land and sea border crossing points does not apply to third country nationals (Article 8(2) of Regulation (EU) 2016/399).
– the purpose (e.g. tourism or work) and the conditions of the intended stay (e.g. accommodation, internal travels);
– the existence of sufficient means of subsistence (i.e. having sufficient means to pay for the intended stay and return travel).
The EU has exempted, with effect of the end of the transition period, UK nationals from the requirement to be in possession of a short-stay visa 15 16 when crossing the external borders, where the intended duration of the stay in the Schengen area is up to 90 days within any 180-day period.17 A continued exemption from the visa requirement will require that nationals of all EU Member States are equally exempted from UK short-stay visa requirements, following the visa reciprocity principle. In any case, the exemption granted to UK nationals will not apply to non-EU family members of UK nationals, who will be subject or exempted from the visa requirement depending on their nationality in accordance with applicable visa rules (see below).
Moreover, as from the end of the transition period, Member States can decide individually whether to require UK nationals planning to carry out a paid activity during their stay to apply for a short-stay visa.18 19
Checks on exit include verification of:
– the possession of a valid travel document for crossing the external border;
15 Article 6(1)(b) of Regulation (EU) 2016/399.
16 On the matter of other third country nationals requiring a visa from an EU Member State while being a family member of an EU national, see below, section 2.2.
17 Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union, OJ L 103 I, 12.4.2019, p. 1.
18 Article 6(3) of Regulation (EU) 2018/1806.
19 Subject to the future EU-UK partnership agreement.
20 Regulation (EU) 2016/399 provides for some limited exceptions, where despite the non-fulfilment of entry conditions the third-country national can be granted entry.
21 Article 14 of Regulation (EU) 2016/399.
– verification that the person did not exceed the maximum duration of stay in the territory of the Member States;
– relevant databases similarly as upon entry checks.
2.2. EU visa requirements for non-EU family members
2.2.1. Non-EU family members of EU citizens living in the UK
Union law gives EU citizens the right to move and reside freely in a Member State other than that of which they are a national. This right extends to non-EU family members who accompany or join an EU citizen in a host Member State.22 The right of residence in a host Member State of such non-EU family members is evidenced by the issuing of a residence card.23
Non-EU family members who hold a valid residence card issued by a Member State are exempt from the requirement of having to obtain an entry visa when travelling to another EU Member State.24
Residence cards issued by the United Kingdom to non-EU family members of EU citizens living in the United Kingdom will no longer exempt the non-EU family members from the requirement of having to obtain a visa when entering the EU from the end of the transition period. The non-EU family members will therefore have to apply for an entry visa at the consulate of the EU Member State of their main destination.
For travels to an EU Member State other than that of which the EU citizen is a national, the non-EU family members will however continue to benefit from the Free Movement Directive and its visa facilitations.25 They have the right to be issued with a visa free of charge and as soon as possible on the basis of an accelerated procedure. The Member State issuing the visa may only require the non-EU family members to present their valid passport, a proof of
22 Article 3(1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Free Movement Directive), OJ L 158, 30.4.2004, p. 77.
23 Article 10(1) of Directive 2004/38/EC.
24 Article 5(2) of Directive 2004/38/EC.
25 Article 5(2) of Directive 2004/38/EC.
family ties and a proof that the EU citizen is (or will be) exercising free movement rights in that Member State.
When travelling to the EU Member State of which the EU citizen is a national, the general entry and visa conditions as laid down in Regulation (EU) 2016/39926 and in Regulation (EC) No 810/200927 applicable to third-country nationals apply.
2.2.2. Non-EU family members of UK nationals living in the UK
Union law gives EU citizens the right to move and reside freely in a Member State other than that of which they are a national. This right extends to non-EU family members who accompany or join an EU citizen in a host Member State.28 Member States may require non-EU family members of EU citizens exercising their free movement right to obtain an entry visa, if they are nationals of a third country subject to visa requirement in accordance with applicable visa rules.29 The visa concerned is a short-stay visa under Regulation (EC) No 810/2009.
Until the end of the transition period, non-EU family members of UK nationals continue to benefit from the rights in the Free Movement Directive and its visa facilitations.30 If they are nationals of a third country subject to visa requirement in accordance with applicable visa rules, they have the right to obtain a visa free of charge and as soon as possible on the basis of an accelerated procedure. The Member State issuing the visa may only require the non-EU family members to present their valid passport, a proof of family ties and a proof that the EU citizen is (or will be) exercising free movement rights in that Member State.
After the end of the transition period, the above facilitations will no longer apply to non-EU family members of UK nationals, neither for the issuance of visas, nor for border controls. This means that non- EU family members will have to fulfil all the rules of Regulation (EC) No 810/2009 and of Regulation (EU) 2016/399 applicable to third-country nationals. Third-country nationals are in principle to be asked to submit documents to prove that they fulfil these conditions (e.g. proof of accommodation, employment, sufficient means of subsistence, invitation letter or return ticket, documents proving the
26 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
27 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
28 Article 3(1) of Directive 2004/38/EC.
29 Article 5(2) of Directive 2004/38/EC.
30 Article 5(2) of Directive 2004/38/EC.
family member’s economic situation in the country of residence or the genuine intention to leave the territory of the Member States before the expiry of the visa). The maximum length of authorised stay will be limited to 90 days within 180 days counting from the end of the transition period.31
While non-EU family members of UK nationals may still use visas issued by an EU Member State before the end of the transition period, they will, in addition, need to fulfil the entry conditions applicable to third-country nationals. At the border, national autorities may request visa holders to provide supporting documents to prove that they fulfil the entry conditions applicable to third- country nationals. If non-EU family members cannot prove at the border that they fulfil these conditions, entry can be refused and the visa can be revoked.32
Where a non-EU family member of a UK national applies for a visa for a trip starting before, but ending after the end of the transition period, Member States may require the non-EU family member to submit proof that s/he will fulfil the entry conditions applicable to third-country nationals for the period after the end of the transition period.33
Where a non-EU family member of a UK national intends to travel after the end of the transition period, and does not already hold a visa, s/he must apply for a short stay visa under the general rules applicable to third-country nationals in accordance with Regulation (EC) No 810/2009.
If the application is made before the end of the transition period, the Member State issuing the visa is to waive the visa fee.34
31 Article 6(1) of Regulation (EU) 2016/399 and Article 2(2)(a) of Regulation (EC) No 810/2009.
32 Article 34 of Regulation (EC) No 810/2009.
33 Article 21(1) of Regulation (EC) No 810/2009.
34 Article 5(2) of Directive 2004/38/EC.
2.3. Airport transit visa35
Union law on visas36 requires certain third-country nationals37 to hold an Airport Transit Visa when passing through the international transit areas of airports situated in the EU (with the exception of Ireland) and the Schengen Associated Countries (Iceland, Liechtenstein38, Norway and Switzerland) without entering the territory of these countries. For example, this applies to a journey between two non-EU/non-Schengen destinations with a change of plane at an airport located in the EU (except Ireland) or in the Schengen Associated Countries. The requirement for an Airport Transit Visa applies to these third-country nationals passing through the international transit areas of airports located in the EU (except Ireland) or in the Schengen Associated Countries when travelling from a third country to the United Kingdom and vice-versa. The Visa Code sets out some exceptions to this requirement, for example for third-country nationals holding a valid visa or residence permit issued by a Member State, holders of diplomatic passports, and holders of a valid visa or residence permit for certain third countries (e.g. Canada, Japan and the United States).
As from the end of the transition period, a valid residence permit or visa issued by the United Kingdom does not exempt these third-country nationals from the requirement to hold an Airport Transit Visa.
2.4. School pupils travelling in the context of a school excursion
School pupils who reside in an EU Member State/Schengen Associated Country and hold a visa-required nationality are currently exempt from visa requirements for travelling to another EU Member State/Schengen Associated Country, if they are travelling in the context of a school excursion as members
35 For more information, please consult https://ec.europa.eu/home-affairs/what-we-do/policies/borders- and-visas/visa-policy/apply_for_a_visa_en.
36 Article 3 of Regulation (EC) No 810/2009.
37 Annex IV to Regulation (EC) No 810/2009 – Afghanistan, Bangladesh, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia and Sri Lanka. Under the Visa Code Member States may also introduce national airport transit visa requirements. For more information, please consult https://ec.europa.eu/home-affairs/sites/homeaffairs/files/annex_7b_atv- national_lists_en.pdf.
38 Liechtenstein does not have an airport.
of a group of school pupils accompanied by a teacher from the school in question.39
As from the end of the transition period, this exemption no longer applies for travels between the United Kingdom and the EU . Member States can decide individually whether to grant this visa exemption to school pupils residing in the United Kingdom, or whether to require a visa before travel in accordance with the school pupil’s nationality.40
Moreover, Union law provides that Member States recognise lists of pupils participating in a school excursion as a valid travel document for pupils who are not Member State nationals, but reside in another Member State, when the Member State of their residence has authorised the use of such lists as travel documents and provided certain other conditions are met.41
This arrangement will no longer be applicable to the UK after the end of the transition period. Therefore, Member States can no longer recognise lists of pupils from UK schools as travel documents. Pupils from a UK school travelling to the EU on a school excursion will have to hold individual travel documents and be in possession of a valid visa where applicable.
2.5. Recognised refugees and stateless persons
According to Union law,42 Member States can currently decide to exempt from the visa requirement recognised refugees, stateless persons and other persons not holding the nationality of any country residing in the United Kingdom and holding a travel document issued by the United Kingdom, which is recognised by the Member State concerned.
As from the end of the transition period, Member States can still decide individually whether to grant a visa waiver to refugees and stateless persons residing in the United Kingdom, or whether to require a visa before travel.43 .
39 Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K.3.2.b of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State (Council Decision 1994/795/JHA)
40 Article 6(2)(a) of Regulation (EU) 2018/1806.
41 Council Decision of 30 November 1994 on a joint action adopted by the Council on the basis of Article K.3.2.b of the Treaty on European Union concerning travel facilities for school pupils from third countries resident in a Member State (Council Decision 1994/795/JHA)
42 Article 6(2)(d) of Regulation (EU) 2018/1806.
43 Article 6(2)(b) of Regulation (EU) 2018/1806.
3. CUSTOMS CONTROLS
According to Union law, goods brought into or taken out of the customs territory are subject to customs supervision and may be subject to customs controls in accordance with EU customs law.44 45
This applies also to goods in personal luggage, whether temporarily or permanently. Under certain conditions, customs formalities may be lighter.
Goods which are intended to be put on the market or intended for private use or consumption must be declared for release for free circulation.46
Goods which are temporarily imported may be declared for the temporary admission procedure. To this end, ATA Carnets may be used. ATA Carnets are international customs documents permitting the duty-free and tax-free temporary export and import of goods for up to one year.47
As from the end of the transition period, these rules apply to luggage and other goods carried by or on travellers entering the EU or Northern Ireland from Great Britain.
44 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10.10.2013, p. 1.
45 The rules set out in this section will apply also to goods brought into the customs territory of the EU and into Northern Ireland from the Channel Islands and the Isle of Man (Article 4(1) last indent of Regulation (EU) No 952/2013).
46 Further information is available at https://ec.europa.eu/taxation_customs/business/customs- procedures/what-is-importation/free-circulation_en and https://ec.europa.eu/taxation_customs/business/customs-procedures/general-overview/customs- declaration_en.
47 Additional information is available at: https://iccwbo.org/resources-for-business/ata-carnet/.
4. DUTIES, VAT AND EXCISE48
4.1. VAT, customs and excise duties; exemptions
According to Union law, the importation of goods is, as a rule, subject to customs duties,49 VAT and, where applicable, to excise duty.50 However, persons carrying goods in their luggage or otherwise with them are entitled to duty free allowances (meaning goods exempt from VAT and customs duties, and where applicable excise duty).51
As from the end of the transition period, persons entering the EU or Northern Ireland from Great Britain with goods are subject to VAT and customs duties, and, where applicable, excise duty.
48 Regarding customs duties, the rules set out in this section will apply, as from the end of the transition period, also to goods brought into the customs territory of the EU and into Northern Ireland from the Isle of Man and the Channel Islands (Article 4(1) last indent of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10.10.2013, p. 1).
Regarding VAT, the rules set out in this section will apply, as from the end of the transition period , also to goods brought into the VAT territory of the EU and into Northern Ireland from the Isle of Man and vice-versa (Article 7(2) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, OJ L 347, 11.12.2006, p. 1) (The Channel Islands are, already today, not part of the EU VAT territory, Article 6(1)(e) of Directive 2006/112/EC).
Regarding excise, the rules set out in this section will apply, as from the end of the transition period , also to goods brought into the excise territory of the EU and into Northern Ireland from the Isle of Man (Article 6(2)(d) of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty, OJ L 9, 14.1.2009, p. 12) (The Channel Islands are, already today, not part of the EU excise territory, Article 5(2)(d) of Directive 2008/118/EC).
49 Subject to the future EU-UK partnership agreement, which would provide for zero tariffs and zero quota for UK-originating goods.
50 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, OJ L 347, 11.12.2006, p. 1, Regulation (EU) No 952/2013, and Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty, OJ L 9, 14.1.2009, p. 12.
51 The goods concerned and the corresponding allowances can be found at: https://ec.europa.eu/taxation_customs/individuals/travelling/entering-eu_en. See also https://europa.eu/youreurope/citizens/travel/carry/alcohol-tobacco-cash/index_en.htm.
4.2. VAT refunds for goods purchased
According to Union law on value-added tax, visitors from outside the EU are entitled to get a refund of VAT paid on goods they have purchased during their stay in the EU provided that the goods are presented to customs on departure from the EU together with the VAT refund documents.52
As from the end of the transition period, this possibility is available to visitors from Great Britain having purchased goods during their stay in the EU or Northern Ireland.
5. PROHIBITIONS AND RESTRICTIONS
Union law prohibits and restricts the introduction, importation or export of certain goods on grounds of inter alia the protection of human, animal and plant health, the environment or the protection of national treasures.
As from the end of the transition period, these prohibitions and restrictions will apply to goods which enter the EU or Northern Ireland from Great Britain or are leaving the EU or Northern Ireland to Great Britain.53
While most prohibitions and restrictions de jure or in practice are only relevant for professional traders,54 some are also relevant for individual travellers:
52 A guide to VAT refund for visitors can be found at: https://ec.europa.eu/taxation_customs/individuals/travelling/travellers-leaving-eu/guide-vat-refund- visitors-eu_en
53 Subject to some exceptions regarding exports. Please consult the sectorial readiness notices for more details.
54 For example, the prohibitions and restrictions for waste, or certain chemicals.
5.1. Accompanying pets55
Union law56 sets rules for the non-commercial movement of pet dogs, cats and ferrets (hereafter “pets”)57 that accompany travellers coming from third countries.58
As from the end of the transition period,59 the following applies in relation to travels from Great Britain to the EU or Northern Ireland:
5.1.1. Non-commercial movements into the EU or Northern Ireland of pets accompanying a pet owner resident in Great Britain
The “EU pet passport”61 issued to a pet owner resident in Great Britain will from the end of the transition period no longer be a valid
55 For more information, please consult https://ec.europa.eu/food/animals/pet-movement_en.
56 Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals, OJ L 178, 28.6.2013, p. 1.
57 Please note that, currently, live pet birds accompanying entering travellers have to be accompanied by a veterinary certificate certifying compliance with one of the following requirements: a 30-days isolation prior to departure in the third country, or a 10-day isolation period with testing for avian influenza, or a post import quarantine in the Member State of destination or vaccination against avian influenza; cf. Commission Decision 2007/25/EC of 22 December 2006 as regards certain protection measures in relation to highly pathogenic avian influenza and movements of pet birds accompanying their owners into the Community, OJ L 8, 13.1.2007, p. 29.
In addition, regarding live pet birds, requirements for introducing specimens of endangered species may apply (see below, section 5.6).
58 These rules will also apply, as from the end of the transition period, to the non-commercial movement of pets from the Channel Islands and the Isle of Man (Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products, OJ L 68, 15.3.1973, p. 1).
59 Pets accompanying persons travelling at the end of the transition period between the EU and the UK are subject to the rules of intra-EU movements of non-commercial pet movements, cf. Article 41(1),(3)(a),(4), and point 10 of Annex II to the Withdrawal Agreement.
60 Northern Ireland’s sanitary and phytosanitary legislation is aligned with EU law by virtue of the IE/NI protocol.
61 Model of pet passport laid down in Part 1 of Annex III to Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council, OJ L 178, 28.6.2013, p. 109.
document for travelling with pets from Great Britain to the EU or Northern Ireland.62
Rather, an animal health certificate issued by an official veterinarian will be required for each entry of an accompanying pet and only remains valid for movement within the EU and Northern Ireland for a period of up to four months from the date of the documentary and identity checks.63 This certificate must attest a valid anti-rabies vaccination.64,65
In addition, prior to entry into Finland, Ireland, Northern Ireland,66 or Malta from Great Britain, pet dogs will have to be treated against Echinococcus multilocularis and this treatment must be attested by the official or authorised veterinarian in the animal health certificate.67
Pets entering the EU or Northern Ireland after the end of the transition period will have to be presented to a designated travellers’ point of entry68 in order to undergo the necessary compliance checks.69
5.1.2. Non-commercial movements into the EU or Northern Ireland of pets accompanying a pet owner resident in the EU or Northern Ireland and returning from Great Britain after a temporary movement to Great Britain
Pets moved into the EU or Northern Ireland, after a temporary movement from the EU or Northern Ireland to Great Britain, will have to be accompanied by a duly filled-in EU pet passport. This passport must attest a valid anti-rabies vaccination.
62 „EU pet passports“ issued before the end end of the transition period to a pet owner resident in Northern Ireland remain valid in the EU. The Commission is going to publish more information in due course.
63 Note (b) in Annex IV to Implementing Regulation (EU) No 577/2013.
64 Annex IV to Regulation (EU) No 577/2013. Articles 11 and 32 of Regulation (EU) 576/2013 provide for derogations.
65 The former EU pet passport issued before the end of the transition period to a pet owner resident in Great Britain after that date may serve as supporting documentation to certify a still valid vaccination.
66 Part 2 of the Annex to Commission Implementing Regulation (EU) 2018/878 of 18 June 2018 adopting the list of Member States, or parts of the territory of Member States, that comply with the rules for categorisation laid down in Article 2(2) and (3) of Delegated Regulation (EU) 2018/772 concerning the application of preventive health measures for the control of Echinococcus multilocularis infection in dogs, OJ L 155, 19.6.2018, p. 1
67 Article 6(4)(b) of Delegated Regulation (EU) 2018/772.
68 https://ec.europa.eu/food/animals/pet-movement/eu-legislation/non-commercial-non-eu/tpe_en.
69 Article 34 of Regulation (EU) No 576/2013.
In addition, prior to entry into Finland, Ireland, Northern Ireland70 or Malta, pet dogs will have to be treated against Echinococcus multilocularis and this treatment must be attested by the administering veterinarian in the pet passport.71
In addition, pets entering the EU or Northern Ireland after the end of the transition period will have to be presented to a designated travellers’ point of entry72 in order to undergo the necessary compliance checks.73
5.2. Plants and plant products74
Union law75 prohibits the introduction into the Union of certain plants, plant products and other objects due to their phytosanitary risk. Examples are grapevine or citrus plants for planting, seed potatoes or soil. Most other plants and plant products, including plants for planting, fruits,76 cut flowers, bulbs and some wood species have to be accompanied by a phytosanitary certificate.77 These prohibitions and requirements also apply where plants, plant products and other objects accompany travellers.78
As from the end of the transition period, these prohibitions and requirements apply in relation to travels from Great Britain to the EU or Northern Ireland.79
70 See above.
71 Delegated Regulation (EU) 2018/772.
72 https://ec.europa.eu/food/animals/pet-movement/eu-legislation/non-commercial-non-eu/tpe_en.
73 Article 34 of Regulation (EU) No 576/2013.
74 For more information, please consult https://ec.europa.eu/food/animals/animalproducts/personal_imports_en.
75 Articles 7 and 8 in conjunction with Annexes VI and VII to Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, OJ L 319, 10.12.2019, p. 1.
76 With the exception of pineapples, bananas, coconuts, durian fruit and dates.
77 Parts A and B of Annex XI of Regulation (EU) 2019/2072.
78 For a presentation of these rules, see Commission Implementing Regulation (EU) 2020/178 of 31 January 2020 on the presentation of information to passengers arriving from third countries and to clients of postal services and of certain professional operators concerning the prohibitions as regards the introduction of plants, plant products and other objects into the Union territory in accordance with Regulation (EU) 2016/2031 of the European Parliament and of the Council, OJ L 37, 10.2.2020, p. 1
79 The rules also apply, as from the end of the transition period, to personal consignments of travellers from the Channel Islands and the Isle of Man (Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products, OJ L 68, 15.3.1973, p. 1).
5.3. Personal consignments of products of animal origin80
Union law81 prohibits the introduction into the EU of certain products of animal origin where they form part of travellers’ luggage.82 This concerns for example meat and milk and their products like ham and cheese. Exceptions are provided for certain quantities of, for example, powdered infant milk, infant food, and special foods or special processed pet feed required for medical reasons.
As from the end of the transition period, these prohibitions apply in relation to travels from Great Britain to the EU or Northern Ireland.83
The Commission has adopted84 a “leaflet” (annexed) that sets out the detailed rules, as well as the exceptions, for example for medical or nutritional purposes.
5.4. Cash85
Union law requires persons entering or leaving and carrying EUR 10 000 or more in cash (or its equivalent in other currencies) or in bearer negotiable instruments (easily convertible assets such as cheques drawn on a third party)
80 For more information, please consult https://ec.europa.eu/food/animals/animalproducts/personal_imports_en.
81 Commission Delegated Regulation (EU) 2019/2122 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards certain categories of animals and goods exempted from official controls at border control posts, specific controls on passengers’ personal luggage and on small consignments of goods sent to natural persons which are not intended to be placed on the market, OJ L 321, 12.12.2019, p. 45.
82 In this context, while not necessarily directly relevant for travellers, it is recalled that Union law prohibits the importation into the EU of any catering waste from means of transport operating internationally (Articles 8(f) and 41(2)(c) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by- products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation), OJ L 300, 14.11.2009, p. 1). Such catering waste has to be disposed of in accordance with 12 of Regulation (EC) No 1069/2009 (e.g. direct incineration), or it has to remain on board of the means of transport and returned to the third country.
83 The rules also apply, as from the end of the transition period, to personal consignments of travellers from the Channel Islands and the Isle of Man (Regulation (EEC) No 706/73 of the Council of 12 March 1973 concerning the Community arrangements applicable to the Channel Islands and the Isle of Man for trade in agricultural products, OJ L 68, 15.3.1973, p. 1).
84 Annex III to Regulation (EU) 2019/2122.
85 For more information, please consult https://ec.europa.eu/taxation_customs/individuals/cash- controls_en.
to make a declaration to the customs authorities of the Member State in which they are entering or leaving.86
As from the end of the transition period, this obligation applies in relation to travels from Great Britain to the EU or Northern Ireland and from the EU to Great Britain.
Customs authorities are empowered under Regulation (EC) No 1889/2005 to undertake controls on individuals, their baggage and their means of transport and detain cash that has not been declared.
5.5. Cultural goods87
Union law88 submits the export89 of certain cultural goods (such as furniture more than 50 years old or books more than 100 years old and with a value of more than EUR 50.000, printed maps more than 200 years old and with a value of more than EUR 15.00090) to an export licence. This requirement also applies to individual travellers.
Moreover, Union law prohibits the introduction of illegally exported cultural goods created and/or discovered abroad.91
As from the end of the transition period, these obligations apply in relation to travels between the EU or Northern Ireland and Great Britain.
86 Article 3(1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community, OJ L 309, 25.11.2005, p. 9.
87 For more information, please consult https://ec.europa.eu/taxation_customs/business/customs- controls/cultural-goods_en.
88 Article 2(1) of Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods, OJ L 39, 10.2.2009, p. 1.
89 In addition, as from the end of the transition period, the introduction into the Union of cultural goods illegally exported from the United Kingdom will be prohibited by EU law (Article 3(1) of Regulation (EU) 2019/880 of the European Parliament and of the Council of 17 April 2019 on the introduction and the import of cultural goods, OJ L 151, 7.6.2019, p. 1).
90 See Annex I to Regulation (EC) No 116/2009.
91 Article 3(1) of Regulation (EU) 2019/880 on the introduction and the import of cultural goods. This obligation applies as of 28 December 2020.
5.6. Specimens of endangered species92
Union law93 as a general rule provides that persons may introduce specimens of endangered species (animals or plants)94 only subject to the prior authorisation by the CITES authority of the Member State of destination. The persons travelling from the EU to a third country may (re-)export such specimens only based on the prior authorisation by the CITES authority of the Member State where the specimens are located. The documents required to this effect depend on the status of the species in question (i.e. how strictly it is protected, which varies between the different annexes to Regulation (EC) No 338/97) and on the nature and direction of the movement (import, export or re-export).
As from the end of the transition period, these obligations apply in relation to travels between the EU or Northern Ireland and Great Britain.95
Union law provides, however, for exceptions from the authorisation requirement:
• “Personal and household effects”: The import or (re-)export of ‘personal and household effects’ is not subject to prior authorisation.96 97 However, certain conditions regarding the mode and circumstances of the cross-border movement must be fulfilled for dead specimens and parts or derivatives of animals or plants to be considered as ‘personal and household effects’. Live animals or plants do not qualify as such. Hunting trophies are generally also covered by these less strict provisions, but hunting trophies from certain strictly protected species are subject to specific rules.98
• Pets: People travelling to and from the EU with their pets, where these belong to species listed in the annexes to Regulation (EC) No 338/97 (such as most parrots99, and certain turtles and corals) can apply for a
92 For more information, please consult http://ec.europa.eu/environment/cites/index_en.htm.
93 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 61, 3.3.1997, p. 1.
94 The endangered species are listed in the annexes to Regulation (EC) No 338/97.
95 Regarding the export of certain specimen from Northern Ireland to Great Britain, please consult the sectorial readiness notices for more details (https://ec.europa.eu/info/european-union-and-united- kingdom-forging-new-partnership/future-partnership/getting-ready-end-transition-period_en).
96 Article 7(3) of Regulation (EC) No 338/97.
97 Articles 57, 58 and 58a of Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 166, 19.6.2006, p. 1.
98 An overview of the provisions applicable to personal and household effects appears on pp. 78-79 of the Reference Guide – European Wildlife Trade Regulations, available at http://ec.europa.eu/environment/cites/legis_refguide_en.htm.
99 Please note that this issue is separate from veterinary requirements (see above, section 5.1).
personal ownership certificate.100 Such a certificate can be obtained for a legally acquired live animal held for personal, non-commercial purposes, if the person travelling wants to avoid having to apply for prior authorisation each time an international border is crossed. For travels to and from the EU, the certificate is issued by the CITES authority of the Member State from which the animal originates or, if it originates from a third country, by the CITES authority of the Member State into which it was first introduced.
5.7. Invasive alien species102
Union law103 provides that persons may introduce specimens of invasive alien species of Union concern104 only subject to the prior authorisation by the competent authorities of the Member State of destination and, where relevant, of transit. The prohibition applies to live specimens as well as to any parts, gametes, seeds, eggs or propagules, hybrids, varieties or breeds of these species that might survive and subsequently reproduce.
The list of invasive alien species of Union concern is valid throughout the EU territory, excluding the outermost regions, which must establish lists adapted to their own circumstances. However, in addition to the EU list of invasive alien species of Union concern, each Member State may establish its own national list of invasive alien species subject to specific national rules.
As from the end of the transition period, the limitations for introducing invasive alien species applies in relation to travels from Great Britain to the EU or Northern Ireland.
100 Chapter VIII of Regulation (EC) No. 865/2006.
101 A list of the CITES authorities of the EU Member States is maintained and updated, in case of changes, by the European Commission and can be consulted at the following address: http://ec.europa.eu/environment/cites/pdf/list_authorities.pdf.
102 For more information, please consult http://ec.europa.eu/environment/nature/invasivealien/index_en.htm.
103 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species, OJ L 317, 4.11.2014, p. 35.
104 The invasive alien species of Union concern are listed in the annex to Commission Implementing Regulation (EU) 2016/1141 of 13 July 2016 adopting a list of invasive alien species of Union concern pursuant to Regulation (EU) No 1143/2014 of the European Parliament and of the Council, OJ L 189, 14.7.2016, p. 4. See also here:
http://ec.europa.eu/environment/nature/invasivealien/list/index_en.htm.
6. USE OF AUTOMOTIVE VEHICLES
6.1. Driving licences106
According to Union law,107 driving licences issued by Member States of the EU are mutually recognised.108 As from the end of the transition period, this mutual recognition will no longer be compulsory as a matter of EU law with respect to driving licences issued by the United Kingdom. Instead, an international agreement, the Vienna Convention on Road Traffic,109 will apply. The United Kingdom and all but four Member States (Ireland, Cyprus, Malta and Spain) are parties to this Convention which provides for the recognition of national driving licences and international driving permits issued by contracting states in accordance with this Convention.
The four EU Member States (Ireland, Cyprus, Malta and Spain) which are not parties to the Vienna Convention on Road Traffic are parties to a previous international agreement, to which the United Kingdom is also a party 110. This agreement provides for the recognition of driving licences, but parties to this agreement may also require the holders of driving licences to be in possession of an International Driving Permit.
105 https://ec.europa.eu/environment/nature/invasivealien/docs/R_2016_1141_Union-list-2019- consolidation.pdf
106 For more information, please consult https://ec.europa.eu/transport/road_safety/topics/driving- licence/eu-driving_licence_en.
107 Article 2 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences, OJ L 403, 30.12.2006, p. 18.
108 The holder of a valid driving licence issued by an EU Member State may also exchange it for an equivalent driving licence by another Member State if the holder takes up normal residence in that Member State (Articles 11 and 12 of Directive 2006/126/EC). After the end of the transition period, a driving licence issued by the United Kingdom can no longer be exchanged for a driving licence by an EU Member State on the basis of EU law. A driving licence issued, prior to the end of the transition period, by an EU Member State in exchange of a driving licence issued in the United Kingdom remains valid.
109 Article 41(2) of the Convention on Road Traffic, Vienna, 8 November 1968.
110 Convention on Road Traffic, Geneva, 19 September 1949.
6.2. Distinguishing sign of state of registration
Union law does not require the use of a distinguishing sign of the State of registration at the rear of the vehicle. However, according to Union law111, when a Member State requires in its territory the use of distinguishing signs by vehicles registered in another Member State, it must recognise the distinguishing sign displayed on the extreme left of the registration plate if it complies with EU requirements.
International law requires a distinguishing sign of the State of registration to be displayed at the rear of the motor vehicle. For Member States that are party to the Vienna Convention on Road Traffic (see above), the distinguishing sign may be incorporated in the registration plate.112
As from the end of the transition period, the following applies:
• motor vehicles registered in the United Kingdom or in an EU Member State party to the Vienna Convention, which do not display that State in the registration plate will have to display that State of registration separately at the rear of the motor vehicle when driving in the EU or the United Kingdom respectively;
• motor vehicles registered in an EU Member State not party to the Vienna Convention will have to display that State of registration separately at the rear of the motor vehicle when driving in the United Kingdom;
• motor vehicles registered in the United Kingdom and driving in an EU Member State not party to the Vienna Convention will have to display the State of registration separately at the rear of the motor vehicle.113
6.3. Third party liability insurance114
Union law115 prohibits the use on the territory of the EU Member States of uninsured vehicles, and ensures that insurance against civil liability arising from the use of vehicles covers the entire territory of the EU.116 A vehicle normally based in a third country must be provided with a valid “green card”
111 Article 3 of Council Regulation (EC) No 2411/98 of 3 November 1998 on the recognition in intra- Community traffic of the distinguishing sign of the Member State in which motor vehicles and their trailers are registered, OJ L 299, 10.11.1998, p. 1.
112 Article 37(1)(b) of the Convention on Road Traffic, Vienna.
113 Regarding the driving of a UK-registered vehicle in Ireland, pl. refer also to https://www.gov.ie/en/publication/a09c0f-brexit/#gb-stickers.
114 For more information please consult https://ec.europa.eu/info/business-economy-euro/banking-and- finance/insurance-and-pensions/motor-insurance_en.
115 Article 7 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, OJ L 263, 7.10.2009, p. 11.
116 Article 14 of Directive 2009/103/EC.
or with a certificate of frontier insurance.117 Compliance with this requirement may be verified upon entry into the EU.
As from the end of the transition period, for vehicles used in the EU but registered in the United Kingdom, only the international Green Card system118 applies. The Green Card system allows the use in a State of a vehicle insured in another State, provided that both States are members of the Green Card system. All EU Member States and the United Kingdom participate in the Green Card system.
However, the following should be noted:
• The Green Card system does not oblige motor insurers in a Green Card member country to cover the territory of the Green Card member countries (an additional premium might be charged for the coverage).
Travellers to the EU from the United Kingdom with a UK-registered vehicle are advised to ensure, prior to travelling, that their motor insurance policy covers the EU. The same applies for travellers from the EU to the United Kingdom with an EU-registered vehicle.
• A vehicle normally based in a third country must have present a valid Green Card when entering the EU.119
Travellers to the EU from the United Kingdom with a UK-registered vehicle are advised to ensure, prior to travelling, that a Green Card is present in the vehicle. Travellers from the EU to the United Kingdom with an EU-registered vehicle are advised to travel with the Green Card in the vehicle, or query the matter with the authorities in the United Kingdom.
7. MEDICAL TREATMENT AND RELATED ISSUES; EMERGENCIES
7.1. Entitlement of healthcare under Union law on social security coordination120
Union law121 provides for access to healthcare during temporary stay abroad based on the European Health Insurance Card (EHIC) or, for planned
117 Article 8(1) of Directive 2009/103/EC.
118 http://www.cobx.org.
119 Under Article 8(2) of Directive 2009/103/EC, the Commission may exempt a third country from this requirement. Regarding non-EEA States, such Commission decisions have been taken for Andorra, Serbia and Switzerland.
120 For more information, please consult http://ec.europa.eu/social/main.jsp?catId=559.
121 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, OJ L 166, 30.4.2004, p. 1.
treatments, based on the prior authorisation by the relevant competent institution (e.g. the institution with which the person concerned is insured).
Costs of such healthcare are reimbursed between the relevant institutions of the Member States involved.
As from the end of the transition period, these rules no longer apply vis-à-vis the United Kingdom.122 This means the following:
• As from the end of the transition period, nationals of EU Member States and their family members will not be able to access healthcare for unexpected care in the United Kingdom on the basis of EHIC. UK nationals will not be able to access healthcare in the EU on the basis of EHIC as from the end of the transition period.
• As from the end of the transition period, prior authorisations for planned treatments in the United Kingdom can no longer be issued by EU Member States on the basis of Union law. No prior authorisations can be issued by the United Kingdom for planned treatments in the EU on the basis of Union law.
7.2. Entitlement of re-imbursement for cross-border healthcare under Union law on cross-border healthcare123
Apart from the system of social security coordination referred to in section 7.1 of this notice, Union law124 also provides for the possibility to obtain, under certain circumstances, reimbursement by the Member State of affiliation for a cross-border healthcare treatment in another Member State. As from the end of the transition period, patients affiliated in an EU Member State will no longer benefit from the rules on reimbursement set out in that legislation as regards the cross-border treatment provided in the United Kingdom. Nor will patients affiliated in the United Kingdom any longer benefit from EU rules on
122 The EU-UK Withdrawal Agreement provides, in Article 35, for rules ensuring reimbursement, recovery and offsetting in relation to events that occurred before the end of the transition period.
123 For more information, please consult https://ec.europa.eu/health/cross_border_care/overview_en.
124 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare, OJ L 88, 4.4.2011, p. 45.
reimbursement. It will be up to the EU Member State of affiliation and the United Kingdom to decide on the reimbursement of such healthcare based on national law (in the same way as for healthcare received in other third countries).
7.3. Recognition of medical prescriptions issued in another Member State127
Union law128 obliges Member States to recognise cross-border medical prescriptions of medicinal products or medical devices issued in another Member State. A medical prescription issued in the United Kingdom will no longer be recognised in an EU Member State after the end of the transition period on the basis of Union law.
7.4. European emergency number – 112129
Union law130 obliges Member States to ensure that all end-users of electronic communications services allowing calls from fixed and mobile telephones, including from payphones, are able to call the “European emergency number” 112 free of charge. In addition, users with disabilities must have access to emergency services that is equivalent to that enjoyed by other users.
After the end of the transition period, these obligations no longer apply to the United Kingdom.
125 Article 6 of Directive 2011/24/EU.
126 Please note that the Union law obliging the EU Member States to maintain National Contact Points to inform patients about cross-border healthcare will no longer apply to the United Kingdom as from the end of the transition period.
127 For more information, please consult https://ec.europa.eu/health/sites/health/files/cross_border_care/docs/impl_directive_presciptions_2012
_en.pdf.
128 Article 11(1) of Directive 2011/24/EU, Commission Implementing Directive 2012/52/EU of 20 December 2012 laying down measures to facilitate the recognition of medical prescriptions issued in another Member State, OJ L 356, 22.12.2012, p. 68.
129 For more information, please consult https://ec.europa.eu/digital-single-market/en/112.
130 Article 26 of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive), OJ L 108, 24.4.2002, p. 51.
7.5. Parking cards for persons with disabilities131
EU law132 recommends that EU Member States mutually recognise parking cards for persons with disabilities, introduced in accordance with the standardised EU-model parking card.133
Under current practices, United Kingdom authorities134 usually recognise EU- model parking cards issued by other EU Member States, allowing owners of an EU-model parking card to park in parking spaces reserved for persons with disabilities in the United Kingdom. The same holds usually for the recognition, in an EU Member State of a United Kingdom national parking card (the so-called “Blue Badge”).135
There is no certainty that authorities in the EU and in United Kingdom will maintain the usual practice of mutual recognition of each other’s parking cards for people with disabilities. This will be a matter for the discretion of these authorities.
7.6. Consular protection136
Union law137 entitles EU citizens to consular protection by the diplomatic or consular authorities of any EU Member State, if they find themselves in a situation where they require assistance outside the EU with no embassy or consulate from their own Member State effectively in a position to help them (they are “unrepresented”). Unrepresented EU citizens are entitled to receive consular protection on the same conditions as the nationals of the EU Member State they turn to.
131 For more information, please consult https://europa.eu/youreurope/citizens/travel/transport- disability/parking-card-disabilities-people/index_en.htm.
132 Council Recommendation 98/376/EC of 4 June 1998 on a parking card for people with disabilities, OJ L 167, 12.6.1998, p. 25.
133 See Annex to Recommendation 98/376/EC. Issuance and management of EU-model parking cards as well as the applicable conditions remain the competence of national and local authorities.
134 Enforcement of these national conditions is normally conducted by police and local authorities.
135 The UK has opted for a national model, encompassing some of the key-features of the EU-model card.
136 For more information, please consult https://ec.europa.eu/info/policies/justice-and-fundamental- rights/eu-citizenship/consular-protection_en.
137 Articles 20(2)(c) and 23 of the Treaty on the Functioning of the European Union and Article 46 of the EU Charter of Fundamental Rights. The right to consular protection is further elaborated in Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries, OJ L 106, 24.4.2015, p. 1.
As from the end of the transition period, UK nationals will no longer be able to benefit from this right and EU citizens will no longer be able to turn to UK embassies and consulates to seek consular protection on the basis of EU law.
7.7. Compensation mechanism for persons injured by a car in another Member State (“visiting victims”)138
Union law provides for a compensation mechanism for injured persons in an accident occurring in another Member State and caused by the use of a vehicle based in that Member State (“visiting victims”).139 This mechanism provides for compensation of the victim by the “compensation body” of the Member State of residence of the victim if the insurer fails to communicate with the injured party within a given deadline.140
As from the end of the transition period, this mechanism no longer applies to persons residing in the United Kingdom and injured by a car while visiting an EU Member State and vice-versa.
8. INSURANCE, PASSENGER RIGHTS
8.1. Insolvency travel insurance
Union law141 provides obligations for traders who organise package travel or facilitate linked travel arrangements, among others to protect travellers against insolvency.
Organisers and traders must comply with these obligations even when they are established in third countries142 as long as they sell or offer such services in an EU Member State or direct their activities to an EU Member State (by inter alia using a language or a currency other than the language or currency of the Member State of establishment).
In addition, when travellers buy packages from organisers established in a third country via retailers established in the EU, the organiser’s obligation for the performance of the package and the securities for the refunds of the payments made and for the traveller’s repatriation is ensured by the retailer,
138 For more information, please consult https://ec.europa.eu/info/business-economy-euro/banking-and- finance/insurance-and-pensions/motor-insurance_en.
139 Chapter 7 of Directive 2009/103/EC of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, OJ L 263, 7.10.2009, p. 11.
140 Subsequently, that compensation body can claim compensation from the compensation body of the Member State in which the insurance undertaking which issued the policy is established, Article 24(2) of Directive 2009/103/EC.
141 Article 17 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, OJ L 326, 11.12.2015, p. 1.
142 See the second subparagraph of Article 17(1) of Directive (EU) 2015/2302 as well as Regulations (EC) No 593/2008 and (EU) 1215/2012, in conjunction with recital 50 of Directive (EU) 2015/2302.
unless the retailer provides evidence that the organiser complies with these obligations.143
Hence, as from the end of the transition period, EU law obliging organisers to protect travellers against the insolvency of the organiser will cease to apply where the organiser established in the United Kingdom does not direct its selling activities to the EU, and the package travel is not bought through a retailer in the EU.
8.2. EU passenger rights144
Union law provides for a set of rights for passengers, not only for air, but also for ship, bus and coach and rail passengers. These rights relate to information, reimbursement and re-routing, compensation, assistance and care, right of redress, and special rights for persons with disabilities and with reduced mobility.
As from the end of the transition period, EU passenger rights may no longer apply to travel between the EU and the United Kingdom, or may be limited.
8.2.1. Air passenger rights
As from the end of the transition period, EU air passenger rights145 will no longer apply to a flight with a non-EU carrier from an airport located in the United Kingdom to an airport located in the EU. The air passenger rights granted by EU law will however continue to apply to:
(i) flights departing from the United Kingdom to an airport situated in the territory of an EU Member State operated by an EU carrier; as well as
(ii) flights departing from the EU to a United Kingdom airport operated by any carrier.
Travellers should thus be aware that, depending on the carrier chosen, certain EU passenger rights will no longer apply to inbound flights to the EU.
143 See Article 20 of Directive (EU) 2015/2302.
144 For more information, please consult https://europa.eu/youreurope/citizens/travel/passenger- rights/index_en.htm.
145 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, OJ L 46, 17.2.2004, p. 1.
EU law granting specific rights for persons with disabilities and persons with reduced mobility146 travelling by air will no longer apply to air services that, as from the end of the transition period,
(i) depart from an airport in the United Kingdom,
(ii) transit through an airport in the United Kingdom, or
(iii) arrive at an airport in the United Kingdom.
However, certain rights, such as assistance by air carriers, continue to apply to air passengers departing from a United Kingdom airport to an EU airport if the operating carrier is an EU air carrier.
8.2.2. Ship passengers rights
EU ship passenger rights147 continue to apply where
(i) the port of embarkation is in the EU; or
(ii) the port of embarkation is in the United Kingdom, if the port of disembarkation is in the EU and the service is operated by a carrier established within the territory of a Member State or offering passenger transport services to or from a Member State (“Union carrier”).
Travellers should be aware that, depending on the carrier chosen, EU passenger rights may no longer apply to journeys to the EU.
Regarding cruise passengers, the current set of EU passenger rights continues to apply if the port of embarkation is situated in a Member State.
8.2.3. Bus and coach passenger rights
EU bus and coach passenger rights148 continue to apply to passengers travelling with regular services149 where the boarding or the alighting point of the passengers is situated in the territory of a Member State and where the scheduled distance of the service is 250 km or more. For regular services where the scheduled distance of the service is less than 250 km, a reduced set of rules applies. Some Member States
146 Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air, OJ L 204, 26.7.2006, p. 1.
147 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway, OJ L 334, 17.12.2010, p. 1.
148 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport, OJ L 55, 28.2.2011, p. 1.
149 A more limited set of rights apply to occasional services.
have exempted services from the application of the Regulation on passenger rights if a significant part of a regular service (including at least one scheduled stop) is operated outside the Union.150
The bus and coach passenger rights granted by EU law will therefore continue to apply – if no exemption applies – to
(i) passengers departing from the United Kingdom to a destination situated in the territory of an EU Member State; as well as
(ii) passengers departing from the EU to a United Kingdom destination.
8.2.4. Rail passengers rights
EU rail passenger rights151 apply to all rail journeys and services which
(i) take place within the EU territory; and
(ii) are being performed by a railway undertaking licensed in accordance with the EU rules.
Therefore, as from the end of the transition period, EU rail passengers’ rights will no longer apply on the UK sections of rail journeys between the United Kingdom and an EU Member State.
9. OTHER ISSUES
9.1. Card payments152
While the acceptance of debit or credit cards for payment transactions depends on the respective preferences of merchants, Union law153 sets limits to interchange fees charged to merchants in respect of such transactions. These rules only apply where both the payer’s payment service provider and the payee’s payment service provider are located in the EU.154
150 For more information, please consult https://ec.europa.eu/transport/sites/transport/files/themes/passengers/road/doc/exemptions-from-bus- coach-passengers-rights-and-obligations.pdf.
151 Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations, OJ L 315, 3.12.2007, p. 14.
152 For more information, please consult https://europa.eu/youreurope/citizens/consumers/financial- products-and-services/payments-transfers-cheques/index_en.htm.
153 Articles 3 and 4 of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions, OJ L 123, 19.5.2015, p. 1.
154 Article 1(1) of Regulation (EU) 2015/751.
As from the end of the transition period, transactions between the EU and the United Kingdom will no longer be covered by the EU rules limiting interchange fees.
Provided that UK merchants are allowed to apply surcharges on consumers for card payments, this may lead to a higher surcharge for card payments.
Furthermore, currency conversion transparency requirements provided for in Union law155 will no longer apply to card-based transactions and credit transfers which involve a currency conversion between EU currencies and British pound.
Finally, UK-based payment service providers will no longer have to ensure that cross-border euro transactions are subject to the same fees156 as UK domestic transactions denominated in British pound.
9.2. Roaming157]
Union law158 on roaming services prohibits any surcharge on roaming customers by the roaming provider (i.e. the domestic provider of mobile communications services – voice, SMS or data services) operating in an EU Member State in addition to the domestic retail price when travelling in the EU.
As from the end of the transition period, this obligation in Union law on the roaming provider will no longer apply either to roaming providers operating in the EU whenever their customers are roaming in the United Kingdom, or to roaming providers operating in the United Kingdom whenever their customers are roaming in the EU. Nevertheless, roaming providers operating in a Member State will remain subject to the obligation in Union law to inform their customers about the roaming charges for the services provided applicable whenever they travel to the United Kingdom.159
9.3. Portability of online content services160
Union law on portability of online content services161 allows EU consumers who buy or subscribe in their Member State of residence to online content
155 Articles 3a and 3b of Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community, OJ L 266, 9.10.2009, p. 11.
156 Article 3 of Regulation (EC) No 924/2009.
157 For more information, please consult https://ec.europa.eu/digital-single-market/en/roaming.
158 Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union, OJ L 172, 30.6.2012, p. 10.
159 Articles 14 and 15 of Regulation (EU) No 531/2012.
160 For more information, please consult https://ec.europa.eu/digital-single-market/en/cross-border- portability-online-content-services.
161 Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross- border portability of online content services in the internal market, OJ L 168, 30.6.2017, p. 1.
services – to watch films or sporting events, listen to music, download e-books or play games – to continue accessing these services without additional costs when they travel or stay temporarily in other EU Member States (cross-border portability).
As from the end of the transition period, this obligation in Union law will no longer apply to providers of paid online content services in the EU when their customers travel in the United Kingdom.
Also, as from the end of the transition period, this obligation in Union law will no longer apply to providers of paid online content services in the United Kingdom when their customers travel in the EU.
This means that customers of paid online content services in the EU and in the United Kingdom may not be able to access the online content services they have subscribed to in the EU and in the United Kingdom respectively when travelling in the United Kingdom or the EU respectively, or may have a limited access to the service (e.g. access to a different catalogue).
Annex:
Keep infectious animal diseases out of the EU!
Animal products may carry pathogens causing infectious disease
Due to the risk of introducing diseases into the European Union (EU), there are strict procedures for the introduction of certain animal products into the EU. These procedures do not apply to the movements of animal products between the Member States of the EU, or for animal products coming in small quantities for personal consumption from Andorra, Iceland, Liechtenstein, Norway, San Marino, and Switzerland.
All animal products not conforming to these rules shall be surrendered on arrival in the EU for official disposal. Failure to declare such items may result in a fine or criminal prosecution.
The following goods shall not be introduced into the EU, unless the combined quantity of goods listed in points 2, 3 and 5 does not exceed the weight limit of 2 kg per person. In the case of goods coming from the Faroe Islands or Greenland, the combined quantity of goods listed in points 1, 2, 3 and 5 shall not exceed the weight limit of 10 kg per person.
1. Small quantities of meat and milk and their products (other than powdered infant milk, infant food, and special foods required for medical reasons or petfood required for health-related reasons)
You may only bring in or send to the EU personal consignments of meat and milk and their products (other than powdered infant milk, infant food, and special foods required for medical reasons or petfood required for health-related reasons) provided that they come from the Faroe Islands or Greenland, and their weight does not exceed 10 kg per person.
2. Powdered infant milk, infant food, and special foods required for medical reasons
You may only bring in or send to the EU personal consignments of powdered infant milk, infant food, and special foods required for medical reasons provided that:
— they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:
(a) the product does not require refrigeration before consumption;
(b) the product is a packaged proprietary brand product; and
(c) the packaging is unbroken unless in current use,
— they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:
(a) the product does not require refrigeration before consumption;
(b) the product is a packaged proprietary brand product; and
(c) the packaging is unbroken unless in current use.
3. Petfood required for health-related reasons
You may only bring in or send to the EU personal consignments of petfood required for health-related reasons provided that:
—they come from the Faroe Islands or Greenland, and their combined quantity does not exceed the weight limit of 10 kg per person, and that:
(a) the product does not require refrigeration before consumption;
(b) the product is a packaged proprietary brand product; and
(c) the packaging is unbroken unless in current use,
—they come from other countries (other than the Faroe Islands or Greenland), and their combined quantity does not exceed the weight limit of 2 kg per person, and that:
(a) the product does not require refrigeration before consumption;
(b) the product is a packaged proprietary brand product; and
(c) the packaging is unbroken unless in current use.
4. Small quantities of fishery products for personal human consumption
You may only bring in or send to the EU personal consignments of fishery products (including fresh, dried, cooked, cured or smoked fish, and certain shellfish, such as prawns, lobsters, dead mussels and dead oysters) provided that:
— fresh fish are eviscerated,
— the weight of the fishery products does not exceed, per person, 20 kg or the weight of one fish, whichever weight is the highest.
These restrictions do not apply to fishery products coming from the Faroe Islands or Greenland.
5. Small quantities of other animal products for personal human consumption
You may only bring in or send to the EU other animal products, such as honey, live oysters, live mussels and snails for example, provided that:
— they come from the Faroe Islands or Greenland, and their combined weight does not exceed 10 kg per person,
— they come from other countries (other than the Faroe Islands or Greenland) and their combined weight does not exceed 2 kg per person.
Please note that you may bring in or send to the EU small quantities of animal products from several of the above five categories (paragraphs 1 to 5) provided that they comply with the rules explained in each of the relevant paragraphs.
6. Larger quantities of animal products
You may only bring in or send to the EU larger quantities of animal products if they meet the requirements for commercial consignments, which include:
— certification requirements, as laid down in the appropriate official EU official certificate,
— the presentation of the goods, with the correct documentation, to a EU border control post, on arrival in the EU.
7. Exempted products
The following products are exempted from the rules set out in points 1 to 6:
— bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products containing less than 20 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Commission Decision 2007/275/EC,162
— chocolate and confectionery (including sweets) containing less than 50 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC,
— food supplements packaged for the final consumer containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin or chitosan, or both chondroitin and chitosan) other than meat products,
— olives stuffed with fish,
— pasta and noodles not mixed or filled with meat product containing less than 50 % of processed dairy and egg products and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC,
— soup stocks and flavourings packaged for the final consumer containing less than 50 % of fish oils, fish powders or fish extracts and treated as provided for in point (a)(i) of Article 6(1) of Decision 2007/275/EC.
162 Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (OJ L 116, 4.5.2007, p. 9).