EU 'no deal' unilateral contingency measures published - to deal with aviation, air safety, road haulage, fisheries

press release - ec.europa.eu/commission/pre…

legal texts - ec.europa.eu/info/publicati…
Except for reg on aviation safety, proposed laws "will automatically stop when an agreement enters into force or stop after a fixed period if no agreement enters into force (6 months for the air services and road related measures and 1 year for the fisheries related measures)"
Commission points out that visa waiver for short term visits of UK citizens is already legislated for. Discussion here: eulawanalysis.blogspot.com/2019/04/travel…
Basic principles: no deal contingency measures are temporary, unilateral (though some depend on reciprocity) and fall short of membership or FTA. Not applicable to Gibraltar.
Aviation: proposals on flights (for six months) and aviation safety. No proposal this time on ownership and control of air carriers.
Road transport: law applicable for 6 months re road haulage and buses. Bus proposal includes derogation for Ireland.
Rail transport: summary of proposal from two weeks ago to apply Channel tunnel authorisation for a limited period. Applies while France and UK negotiate amendment to Channel tunnel treaty (on basis of EU law already in force)
Fisheries: proposal is probably fanfic on EU side. Add it to the piles of Brexity and Remainer fanfic in the UK.
Budget issues related to no deal. Note that the Commission says also that UK participation in Northern Ireland peace funding programme can continue.
National contingency measures: Commission wags fingers at Member States. Nb not every issue is within EU exclusive competence.
Note the legislation proposed today (for link to the texts, see the first tweet) would have to be agreed by the EU Council and European Parliament to become law. But similar proposals were adopted quickly re the prospect of no withdrawal agreement in spring 2019.
Commission points out that the post-transition parts of the withdrawal agreement apply even if there's no trade deal - including the citizens rights part and the Northern Ireland protocol
Proposal on aviation would prohibit Member States from bilateral negotiations. But it also provides for a possible separate EU/UK agreement on aviation, which might be applied provisionally (ie pending formal ratification). Ditto road transport proposal.

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More from @StevePeers

8 Dec
1/ Some general legal points about the EU/UK agreement on implementation of the N. Ireland protocol.

First, it's not about a trade deal as such, but application of the existing withdrawal agreement - although there may be political links between the two.

2/ The agreement will take the legal form of Joint Committee decisions on aspects of the NI protocol. We'll see the text soon - likely proposals for an EU position (which will have been pre-agreed with the UK) before the Joint Committee (which consists of Gove and Sefcovic)
3/ These decisions will be legally binding. There might be other more informal parts to the agreement too. EU Council (Member States) has to sign off on EU position; European Parliament is informed but doesn't usually vote on measures implementing treaties.
Read 5 tweets
7 Dec
Having run away from Emily Maitlis and turned off replies, this MP now deletes the tweet after 1300 quote tweets in reply
Read 4 tweets
2 Dec
Unsurprisingly this false claim is also made by this radio presenter
And again - the false claim repeated by Mr Rees-Mogg
Read 4 tweets
29 Nov
Brexit law I

New proposal re Channel tunnel - would unilaterally extend safety and licencing measures for two or nine months while France negotiates amendment to relevant treaty with UK: data.consilium.europa.eu/doc/document/S…

(EP and Council still need to agree to this proposal)
Brexit law II

Proposed EU position on withdrawal agreement Joint Committee decision extending EU/UK citizens' rights social security rules to Norway, Iceland, Switzerland and Liechtenstein from 1 Jan 2021: data.consilium.europa.eu/doc/document/S…

Background: data.consilium.europa.eu/doc/document/S…
Brexit law III

EU law amending current law on dual-use goods (goods with both civilian and military uses) to simplify exports to UK ready for adoption: data.consilium.europa.eu/doc/document/P…
Read 4 tweets
25 Nov
EU courts, Dan Hannan

New judgment, EU General Court: Hannan's outfit largely unsuccessful challenging European Parliament decision to repay over €500k in funds - curia.europa.eu/juris/document…
The political foundation won its argument relating to a conference in Kampala (worth €91k) and as regards restrictions on budget advances.

It lost as regards conferences in Miami and London, a survey, and donations from an Armenian party.

It has to pay 2/3 of its costs.
Either the political foundation and/or the EP can appeal this judgment to the CJEU.

More on the background to this case - and the outfit some called "Daniel Hannan's travel agency" - in a piece by @JenniferMerode when the dispute first arose: theguardian.com/politics/2018/…
Read 5 tweets
12 Nov
There's no legal possibility of an extension to the transition period as such, without an amendment to the withdrawal agreement or something in a future relationship treaty.
When Cummings went on his Barnard Castle trip, Borisbots claimed that he had to be saved because only he could stop the UK agreeing to an extension to transition. This sounds like a rehash of that argument, although it's now legally weak as the extension deadline has passed.
And as Dom (no, not that one) points out, the reference to "Remainers" is gratuitous gibberish
Read 4 tweets

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