Government prepares for a 'no deal' scenario
Published: 03 Oct 2018

The Government has published a series of Technical Notices during August and September, which set out information to allow businesses and the public to understand what they would need to do in a ‘no deal’ scenario, so they can make informed plans and preparations.

They maintain that the UK leaving the EU without an agreement remains unlikely, given the mutual interests of both sides in securing a negotiated outcome. However, they have a duty to prepare for all eventualities, including ‘no deal’.

What is a 'no deal' scenario?

Until both the UK Government and the European Union sign a Withdrawal Agreement and it is ratified by the UK Parliament and the European Parliament, there remains a possibility that we may leave the EU without a deal in March 2019.

The UK triggered Article 50 of the Treaty of the European Union on 29 March 2017. As set out under that treaty, the UK has two years to negotiate a Withdrawal Agreement and framework for a future relationship with the EU before they exit from the EU at 11pm on 29 March 2019.

A 'no deal' scenario is one where the UK leaves the EU and becomes a third country at 11pm on 29 March 2019 without a Withdrawal Agreement and framework for a future relationship in place between the UK and the EU.

In such a scenario there would therefore be no agreement to apply any of the elements of the Withdrawal Agreement described above.

What the Technical Notices cover

The new guidance covers 19 different areas, including things like driving and transport, personal data and consumer rights and importing and exporting.

Significantly though, there are specific Notices relating to:

PROTECTING THE ENVIRONMENT

Under this subject, are the following Notices:

Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal

This Notice sets out how the Industrial Emissions Best Available Technique (BAT) regime would be affected if the UK leaves the EU in March 2019 without a deal.

It looks at:

  • the situation before 29 March 2019;
  • what will happen after 2019 if there is no deal.

For more information, see:

https://www.gov.uk/government/publications/industrial-emissions-standards-best-available-techniques-if-theres-no-brexit-deal/industrial-emissions-standards-best-available-techniques-if-theres-no-brexit-deal

Reporting CO2 emissions for new cars and vans if there’s no Brexit deal

This Notice provides manufacturers with information about regulating and reporting CO2 emissions of new cars and vans registered in the UK if we leave the EU in March 2019 with no agreement in place.

It looks at:

  • the situation before 29 March 2019;
  • what will happen after 2019 if there is no deal;
  • what you would need to do in the event of no deal, including with regard to:
    • data and targets,
    • pooling,
    • derogations,
    • eco-innovations,
    • registrations in the EU.

For more information, see:

https://www.gov.uk/government/publications/reporting-co2-emissions-for-new-cars-and-vans-if-theres-no-brexit-deal/reporting-co2-emissions-for-new-cars-and-vans-if-theres-no-brexit-deal

Upholding environmental standards if there’s no Brexit deal

This Notice sets out how the UK Government will uphold environmental standards if the UK leaves the EU in March 2019 without a deal.

These include standards in areas such as waste, air quality, water, and protection of habitats and species.

It looks at:

For more information, see:

https://www.gov.uk/government/publications/upholding-environmental-standards-if-theres-no-brexit-deal/upholding-environmental-standards-if-theres-no-brexit-deal

Using and trading in fluorinated gases and ozone depleting substances if there’s no Brexit deal

This Notice sets out how the UK would continue to regulate the trade and use of fluorinated greenhouse gases and ozone depleting substances if the UK leaves the EU in March 2019 without a deal.

These gases are used as refrigerants, feedstocks for the manufacture of other chemicals, in medical inhalers, fire extinguishers and in a range of other applications.

It looks at:

  • the situation before 29 March 2019;
  • what will happen after 2019 if there is no deal;
  • possible implications of no deal, in relation to:
    • fluorinated greenhouse gases,
    • ozone depleting substances,
    • certification.

For more information, see:

https://www.gov.uk/government/publications/using-and-trading-in-fluorinated-gases-and-ozone-depleting-substances-if-theres-no-brexit-deal/using-and-trading-in-fluorinated-gases-and-ozone-depleting-substances-if-theres-no-brexit-deal

LABELLING PRODUCTS AND MAKING THEM SAFE

Under this subject, is the following Notice:

Regulating chemicals (REACH) if there’s no Brexit deal

This Notice sets out how businesses producing, registering, importing or exporting chemicals under Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) would be affected if the UK leaves the EU in March 2019 with no deal.

It looks at:

  • the situation before 29 March 2019;
  • what will happen after 2019 if there is no deal;
  • possible implications of no deal, including:
    • continued access to the UK market and maintaining existing standards of protection for human health and the environment;
  • maintaining or securing EEA market access.

For more information, see:

https://www.gov.uk/government/publications/regulating-chemicals-reach-if-theres-no-brexit-deal/regulating-chemicals-reach-if-theres-no-brexit-deal

REGULATING ENERGY

Under this subject, are the following Notices:

Civil nuclear regulation if there’s no Brexit deal

This Notice explains to the civil nuclear industry and stakeholders how the sector will be affected in the UK in the unlikely event that the UK leaves the EU and the European Atomic Energy Community (Euratom) in March 2019 with no agreement in place.

It covers:

  • nuclear safeguards;
  • ownership of special fissile material;
  • supply contracts for nuclear material;
  • export licence arrangements;
  • import licence arrangements;
  • nuclear co-operation agreements;
  • management of spent fuel and radioactive waste;
  • reporting and notification obligations;
  • notification of radioactive source shipments.

For more information, see:

https://www.gov.uk/government/publications/civil-nuclear-regulation-if-theres-no-brexit-deal/civil-nuclear-regulation-if-theres-no-brexit-deal

Generating low-carbon electricity if there’s no Brexit deal

This Notice explains to electricity generators and suppliers, installers of certain microgeneration technologies, and renewable electricity suppliers and generators how the following will apply in the unlikely event that the UK leaves the EU in March 2019 with no agreement in place:

  • how rules for guarantees of origin for electricity generated from high-efficiency co-generation will apply in the UK;
  • getting a renewable energy guarantees of origin certificate from the Gas and Electricity Markets Authority or the Northern Ireland Authority for Utility Regulation, and where certificates will be recognised;
  • how the UK and European Economic Area states will recognise installer certification for installers of certain microgeneration technologies;
  • the implications for support for generating low-carbon electricity, including support schemes like feed-in tariffs, contracts for difference and the renewables obligation.

For more information, see:

https://www.gov.uk/government/publications/generating-low-carbon-electricity-if-theres-no-brexit-deal/generating-low-carbon-electricity-if-theres-no-brexit-deal

Nuclear research if there’s no Brexit deal

This Notice explains how civil nuclear research that the UK already carries out with the EU will be affected in the unlikely event that the UK leaves the EU in March 2019 with no agreement in place.

It is relevant to all researchers and research organisations in the fields of nuclear fission research (the current method of energy generation used at power plants), and nuclear fusion research (experimental energy generation technology).

It covers:

  • the situation before 29 March 2019;
  • what will happen after 2019 if there is no deal;
  • possible implications and actions for businesses and stakeholders, including:
    • Joint European Torus - continued funding,
    • guarantee for competitive EU funds,
    • for international partnerships,
    • UK researchers working in the UK on Euratom Research and Training programmes.

For more information, see:

https://www.gov.uk/government/publications/nuclear-research-if-theres-no-brexit-deal/nuclear-research-if-theres-no-brexit-deal

Running an oil or gas business if there’s no Brexit deal

This Notice explains to businesses engaged in energy sector activities (such as oil and gas exploration and production operations), and companies obligated under the UK’s Compulsory Stockholding of Oil regime, how these will apply should the UK leave the EU in March 2019 with no agreement in place.

It covers:

  • oil and gas licensing;
  • environmental protection relating to relevant energy sectors;
  • oil stocking arrangements.

For more information, see:

https://www.gov.uk/government/publications/running-an-oil-or-gas-business-if-theres-no-brexit-deal/running-an-oil-or-gas-business-if-theres-no-brexit-deal

WORKPLACE RIGHTS

Under this subject, is the following Notice:

Workplace rights if there’s no Brexit deal

This Notice informs businesses, workers and the public of the UK’s plans to continue workplace protections in the unlikely event that the UK leaves the EU in March 2019 with no agreement in place.

The Government have stressed the importance of maintaining the workplace rights and protections that have come from EU law and have been implemented already in the UK, including:

  • working time rights, such as annual leave, holiday pay and rest breaks;
  • requirements to protect the health and safety of workers;
  • protections for agency workers and workers posted to the UK from EU states;
  • legislation to prevent and remedy discrimination and harassment in the workplace;
  • family leave entitlements, such as maternity and parental leave;
  • protecting workers’ rights when there is a transfer of business or contracts from one organisation to another (TUPE);
  • legislation to cover employment protection of part-time, fixed-term and young workers;
  • information and consultation rights for workers, including for collective redundancies.

However there are potential implications relating to:

  • employer insolvency;
  • European Works Councils;
  • UK and EU employees working in an EU country;
  • UK businesses and trade unions.

For more information, see:

https://www.gov.uk/government/publications/workplace-rights-if-theres-no-brexit-deal/workplace-rights-if-theres-no-brexit-deal