What will Brexit day really mean for us in Wales?
Political Editor Ruth Molaski looks at things that will and won’t change after January 31 because of Brexit
On Friday the UK will leave the European Union.
The date, January 31, has been repeatedly talked about by Prime Minister Boris Johnson, but it is actually only the date marking the first stage of Brexit.
There is still an awful lot to do. With talk of Big Ben chiming and Parliament being covered in Union Jack flags, what will actually change on January 31?
On the whole, EU rules will still apply... ...until the end of December 2020.
During this period, EU rules – with a few exceptions – will continue to apply to the UK. This provides a bridging period while the UK and the EU negotiate a new relationship.
The period can be extended for one or two years.
EU law will apply
But the UK will no longer be able to nominate, appoint or elect members of EU institutions, bodies and agencies.
The UK will not be able to participate in the meetings or decisionmaking of the EU institutions, or in decision-making and governance of other EU bodies agencies.
The UK Parliament will not be considered as a national parliament of a member state but it will continue to receive European Commission consultation documents, the Commission annual legislative programme and other legislative planning documents, and (where they are in the public domain) draft legislative proposals.
UK representatives or experts may “exceptionally” be invited to participate in meetings of committees under the EU’s comitology procedure to implement legislation, European Commission expert groups and other similar entities, and meetings of EU bodies, offices and agencies where the discussion concerns the UK and where this is in the interest of the EU and the effective implementation of the transition period.
The UK representatives will have no voting rights in such meetings and their presence will be limited to specific relevant agenda items.
The UK will, however, be consulted on draft EU acts which refer directly to specific Member State authorities, procedures or documents, with a view to ensuring the proper implementation and application of those acts by the UK.
It will be harder for Wales’ voice to be heard
The Welsh Assembly has been able to have a Parliament to Parliament relationship with the European Parliament, but that won’t continue.
With things like changes to the Common Agricultural Policy or Common Fisheries Policy, Welsh committees looked at those changes and when they felt there were issues relating to Wales that needed to be raised could lobby the four MEPs representing Wales to ensure the concerns made it to the right tables in Brussels.
Without that relationship there is a fear that Wales will just become another lobbying group vying for attention within a very busy European Parliament.
Things like the committee of regions – an EU advisory body of locally and regionally elected representatives coming from all member states – will end in Welsh terms, but there will be a “contact group” made up of fewer members and without the financial backing to meet, meaning it isn’t currently certain that it will continue to meet.
If you’re a UK citizen living in the EU
There are slightly different rules in different countries, but on the whole residency rules will be protected until December 31, 2020.
You will need to have a residence document to prove rights. If you already have a residence document issued under EU free movement law, this will be considered as your temporary residence permit until December 31, 2020.
After that date you will have to apply for a new residence permit.
A decision has not yet been taken whether you will have to apply for a new residence permit, according to the applicable immigration rules for residence of third country nationals or according to new specific rules that will be in place by that time.
If you do not have a residence document, you will have to apply for a residence permit. Applications are possible from the Brexit date.
With your temporary residence permit, you will keep most of the rights you had as an EU citizen. This means you will be able to continue to reside in the territory, to work, to look for a job, or to study.
To go to other member states or cross EU external borders, you will have to carry your passport and your temporary residence permit.
Farming payments
One of the things that needs to pass through the Commons next week is a Bill about direct payments for farmers. If it passes – which there is no doubt it will given the majority Boris Johnson has – then there will be no disruption for farmers, who will need to do nothing to ensure it continues as before.
There will no longer be British MEPs
There will be no UK MEPs In the European Parliament, there will be no UK commissioner (the government has not nominated a replacement for the UK’s outgoing commissioner Sir Julian King, who stepped down when the new Commission took office in December) and UK
ministers will no longer attend meetings of the EU Council.
The Prime Minister did not attend the European Council meeting in December (though the Finnish presidency acted as a proxy for the UK) which coincided with the General Election, and the UK had already cut back on attending EU meetings.
If you’re an EU citizen living in the UK
Nothing will change immediately. If you or your family are from the
EU, Iceland, Liechtenstein, Norway or Switzerland you need to apply for so-called settled status.
The rights and status of EU, EEA and Swiss citizens living in the UK will remain the same until June 30, 2021, if the UK leaves the EU with a deal.
If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after June 30, 2021.
Most EU citizens and their family members who have been continually resident in the UK for at least five years should get “settled status”.
Those who have lived in the UK for less than five years will have to apply for temporary “pre-settled status”. This will allow them to stay in the UK and apply for “settled status” once they achieve five-years’ continuous residence.
Different rights will then be determined depending on the status approved.
And security arrangements?
The UK will continue to have access to things like Europol, but some EU countries like Germany cannot extradite their citizens under the European Arrest Warrant to nonmember states and therefore will not be able to extradite them to the UK.
The UK will stay part of the security cooperation arrangements.
And economics?
The UK will also stay part of the EU’s economic institutions and be treated as a member of the single market and customs union.
The EU has requested that states with EU trade agreements treat the UK as a member state until the end of transition. The Bank of England will not be considered a central bank of a member state during the transition period.
What about animals?
The British Veterinary Association has expressed concerns about increased volumes of export health certificates, new requirements for owners travelling with their pets or the recruitment and retention of non-UK EU vets.
As it stands, they don’t foresee immediate changes to those things during the transition period.
However, as the UK will no longer be a member of the EU’s political decision-making bodies, rule changes may bind their members.
Passports won’t change
No changes to passports are expected until at least December 31, 2020.
The Home Office says any changes that may affect the rules around passports in the future “will be communicated in good time”.
The Government says the new blue passport design will start being issued from early 2020 and blue passports will be phased in over a number of months.
Anyone renewing their passport at that time could get either a blue or a burgundy British passport.
All British passports issued from mid-2020 will be blue.
Mobile phones
Roaming arrangements as they currently are will continue until 2021. Right now, mobile roaming in the EU is surcharge-free, meaning you can make calls, send texts and use mobile data services for no more than you would be charged when in the UK.
Driving abroad
If there is a no deal, things like a green card and displaying a GB sticker may be required.
The UK Government’s advice was last updated in August, but the advice is that under the withdrawal agreement arrangements for drivers (both commercial and private motorists) will remain as they are now during the implementation period.
This means that UK motorists will be able to continue to drive in the EU as they do now, until December 31, 2020.
Flags will be removed from Welsh buildings
In Wales, the EU flag currently flies at a number of buildings.
The Assembly Commission has confirmed that the EU flag flying outside the Senedd, Ty Hywel and Colwyn Bay offices will come down at 11pm on January 31.
The Welsh flag will replace it.
Health treatment abroad.
The NHS says you should check your travel insurance carefully before travelling abroad after Brexit.
“You should prepare for possible changes to your access to healthcare when the UK leaves the EU if you’re a UK national travelling to the EU, Norway, Iceland, Liechtenstein or Switzerland.
“If you’re planning to visit after the UK leaves the EU, you should continue to buy travel insurance.”
The European Health Insurance Card – which gives the right to access state-provided healthcare during a temporary stay in another EU country, Norway, Iceland, Liechtenstein or Switzerland – may not be valid if there’s a no-deal Brexit; however, during the transition period it will still be valid.
Erasmus+
The Erasmus scheme is a European Union (EU) programme that helps students study in other countries. Currently, 53% of UK university students who study abroad do so through the scheme.
Funding for Erasmus+ in the current academic year will continue as before, but then it’s not as clear. Boris Johnson has said it will be honoured, but there are rumours the money could be put into a wider education pot, rather than the scheme specifically.
There is a funding round for Erasmus programmes that closes in February, and any funding agreed then will be honoured even if the placements take place after the end of the transition period – some Erasmus funding awards are for two years.
The ‘divorce bill’ will be decided
The UK makes two contributions per month to the EU Budget which will vary from month to month.
While we remain in the EU the UK has agreed to uphold commitments on the EU Budget, the UK Government has said it will provide an updated estimate of the value of the financial settlement once the UK has left the EU.
You may have seen £39bn mentioned, but that has gone down, because it was the amount first agreed, but as Brexit has been delayed, the amount has reduced.
However, while the amount the UK has agreed to pay upon leaving has reduced, it isn’t currently set to pay any less money to the EU than it would have otherwise—part of it is simply being paid while the UK remains an EU member.
You should prepare for possible changes to your access to healthcare when the UK leaves the EU if you’re a UK national travelling to the EU, Norway, Iceland, Liechtenstein or Switzerland.