101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 36 Transport: Road: Commercial road haulage Purpose This notice provides guidance for UK haulage companies and businesses using freight services on the implications for access to EU markets in the unlikely event that the UK leaves the EU on 29 March 2019 with no agreement in place. It is important to stress that for road haulage our negotiating objective continues to be to maintain and develop existing levels of transport connectivity with the EU without the need for new transport documents or systems. We remain confident of achieving an agreement that delivers this, but we need to be prepared for all scenarios. That is why we have:  introduced the Haulage Permits and Trailer Registration Act 2018 t o enable us to deliver new systems for road haulage if there is no deal  ratified the 1968 Vienna Road Traffic Convention, for UK licence holders to continue to drive in the EU if there is no deal Before 29 March 2019 Currently, UK hauliers carrying out international journeys must hold a Standard International Operator’s Licence a long with a Community Licence for journeys to, from or through the EU. A Community Licence gives UK hauliers access to unlimited international journeys ‘for hire and reward’ (carrying other people’s goods in return for payment) for operations in the EU. This includes cross trade (between EU countries) and transit across the EU. It also allows for limite d cabotage (the haulage of goods within a country by a foreign haulier) within the EU. There is a wide r European Conference of Ministers of Transport ( ECMT) permit scheme that allows UK hauliers to carry goods to or through 43 countries (including all EU countries except Cyprus) with a limited number of permits available to the UK. Professional drivers are required to hold a Certificate of Professional Competence (CPC). CPCs issued in the UK comply with EU standards and are currently recognised across the EU, allowing drivers to operate without the need of an additional qualification. A CPC will continue to be required in the UK. Vehicles under 3.5 tonnes (including vans) and hauliers operating on own account (carrying their own goods) do not require an operator’s licence or CPC. The documentation and qualifications outlined above also provide access to the EEA countries (Liechtenstein, Iceland and Norway) and Switzerland. After March 2019 if there’s no deal Community Licences, ECMT permits and market access In the unlikely event of no deal, UK hauliers could no longer rely on automatic recognition by the EU of UK-issued Community Licences. Hauliers may therefore no longer be able to access EU markets with their Community Licence alone. This would also end the ability of UK hauliers to perform cabotage. EU countries may choose to recognise that UK-issued operator licences and associated authorisations are based on the same standards as EU Community Licences and do not require further authorisations. This would ensure continued cross-border trade, but cannot be guaranteed. If they do not, UK hauliers will be able to use ECMT permits if there is no deal. We have made arrangements for this in regulations under the Haulage Permits and Trailer Registration Act. In addition, some old bilateral agreements between the UK and specific EU countries may come back into force if there is no deal. The UK would continue to work with those EU countries should these agreements be required and provide further details to hauliers. The UK would also seek to put in place new bilateral agreements with EU countries to provide haulage access. Some of these bilateral agreements would also require the possession of a permit to allow access to the EU country concerned. ECMT permits can be used for different vehicles at different times but must be carried in a vehicle whilst it is making an international journey. The permit allows transit (though this is restricted in Italy, Austria, Hungary, Greece and Russia) and allows cross trade. ECMT permits will be available to enable journeys to the EU, but these are limited in number. While the government would seek to bring previous bilateral agreements with individual EU countries back into force and conclude new ones as swiftly as possible, the timing for this and the number of permits available under them (where this is a requirement) cannot be guaranteed. Transit arrangements and the application of permit requirements to own account haulage (carrying your own goods) under bilateral agreements would also depend on the outcome of negotiations with other EU countries. To manage this process, the Haulage Permits and Trailer Registration Act 2018 puts in place arrangements to allocate permits required for international journeys, whether issued under the ECMT or bilateral arrangements, and to enforce these requirements in the UK.