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This publication is available at https://www.gov.uk/government/publications/getting-an-exemption-from-maritime-security-notifications-if-theres-no-brexit-deal/getting-an-exemption-from-maritime-security-notifications-if-theres-no-brexit-deal
Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.
However, the government must prepare for every eventuality, including a no deal scenario. For two years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU.
It has always been the case that as we get nearer to leaving, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.
In the summer, the government published a series of 106 Technical Notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.
This Technical Notice offers guidance for continued planning in the event of no deal.
Also included is an overarching framing notice explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.
We are working with the devolved administrations on Technical Notices and we will continue to do so as plans develop.
This notice informs companies that are currently exempted from providing security pre-arrival information for scheduled services between the UK and the EU ports that:
- in a no deal scenario they will need to provide this information
- they should plan accordingly by engaging with EU countries to understand what information they would be required to provide and how it would be submitted
Before the UK leaves the EU
Under Article 6 of EC Regulation 725/2004, shipping companies (including ferries carrying passengers and lorries) are required to submit security information prior to entering an EU port. Sometimes this is referred to as a pre-arrival notification (PAN). It may include the following information:
- particulars of the ship
- last 10 port facilities of call
- special or additional security measures taken by the ship
- details of any ship to ship activities
- crew list
- passenger list
Article 7 of the regulation allows EU countries to issue exemptions from the requirement to provide this information to companies operating scheduled services between ports located in their territory, or between ports within their territory and that of another EU country.
If the UK leaves the EU with no deal
Article 7 only allows an EU country to issue an exemption for services between its territory and that of another EU country. Therefore, in a ‘no deal’ scenario EU countries would be unable to issue exemptions to vessels, irrespective of registration / flag, operating scheduled services from the UK.
What you would need to do
Companies holding these exemptions should prepare for a scenario after exit in which submission of security pre-arrival information (as set out in Article 6) would be required before their vessels were permitted to enter the port(s) of an EU country. This requirement would come into effect as soon as the UK leaves the EU.
Shipping companies should engage with EU countries to ensure they are prepared for a ‘no deal scenario’ and understand what information they would be required to provide and how it would be submitted.
The UK government intends to continue issuing exemptions for scheduled services from an EU country to a port in the UK, or between ports in the UK, after EU withdrawal, regardless of the outcome of negotiations.
This is subject to a set of conditions which would be similar to those currently placed upon existing exemption holders.
For more information, please contact firstname.lastname@example.org with ‘Pre-arrival exemption’ in the email subject line.
Find out more about:
- Recognition of seafarer certificates of competency if there’s no Brexit deal
- Trading with the EU if there’s no Brexit deal
We will publish more information in the coming months. We aim to give businesses and individuals as much certainty as possible as soon as we can, and to ensure that any new requirements are not unduly burdensome.
This notice is meant for guidance only. You should consider whether you need separate professional advice before making specific preparations.
It is part of the government’s ongoing programme of planning for all possible outcomes. We expect to negotiate a successful deal with the EU.
Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario.