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ROAD AND MARITIME TRANSPORT

WITH AGREEMENT

If the United Kingdom withdraws from the European Union under the Withdrawal Agreement, the EU acquis will continue to apply to transport relations with the United Kingdom during the transition period.

WITHOUT AGREEMENT

1. ROAD TRANSPORT

I am a road transport operator on Spanish roads with an EU licence. I want to conclude a contract to carry out international freight transport of oranges from Almeria to London, and then a cabotage operation between London and Birmingham. What do I have to do if I carry out this freight operation in the no-deal scenario after the withdrawal date?

A text has now been approved for a Community Regulation on international carriage of goods and passengers by road from and to the UK. It is REGULATION (EU) 2019/501 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 March 2019 on common rules ensuring basic road freight and road passenger connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

This Regulation aims to establish temporary measures (until 31 December 2019) to avoid the interruption of international carriage by road.

These measures are subject to reciprocity on the part of the UK.

With respect to the measures adopted by the UK within its territory for EU hauliers and specifically with respect to cabotage, you may continue to operate as you have been doing so far under your EU licence, in accordance with the provisions of the UK Statutory Instrument No. 708 adopted on 25 March, 2019.

Without prejudice to the above, it is advisable to consult the regulatory provisions that may be adopted by the UK.

I am an English road transport passenger operator with an EU licence. I operate a regular international service for passengers from London to Barcelona. What must I take into account with respect to these transport services in the of no-deal scenario after the withdrawal date?

The approved text of the EU Regulation referred to above also regulates regular international road passenger transport to and from the UK, and aims to establish temporary measures to prevent the interruption of international road transport.

This Regulation recognises the validity of authorisations issued before the date of application of the Regulation to 31 December 2019, as well as those that continue to be valid if they have been renewed or modified, in accordance with the rules and procedures of Articles 6 to 11 of Regulation (EC) No. 1073/2009, to carry out regular services and authorised special services by coaches and buses for hire (Article 4 of Regulation EU 2019/501) that may continue to be used for a period that may not extend beyond 31 December 2019.

I am a Spanish transport operator who carries out operations to and from the UK with a team of drivers who are EU, UK and third-party nationals. In carrying out any of the transport operations referred to, is there any additional restriction in the Union in terms of the certificate of professional competence for drivers?

During the validity period of the contingency measures included, the above-mentioned Regulation states that when engaged in the operations allowed in both international passenger and freight transport, drivers must comply with the requirements for initial and continuous training under Directive 2003/59/EC.

Drivers who have obtained a certificate of professional competence (hereinafter, CPC) issued by the UK, and who work or plan to work for an EU company (e.g. a Spanish driver with a CPC in the UK who works for an EU transporter) must ask the authorities in the country in question to change the UK CPC card for an EU card before the UK exits the EU.

2. MARITIME TRANSPORT

What will be the situation regarding professional qualifications in the merchant navy?

These professional qualifications are issued under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and are therefore internationally recognised.

However, individual countries must recognise certain qualifications (bridge officers/engine room officers/radio officers and tanker proficiency certificates) by issuing endorsements and they need to have signed a bilateral STCW qualification recognition agreement if they do not belong to the EU. At present, Spain does not have such an agreement with the United Kingdom.

Will British- or Gibraltarian-flagged ships be able to continue engaging in regular or non-regular cabotage sailing?

Not at all. Cabotage sailing is reserved for Spanish- and EU-flagged ships. Withdrawal by the United Kingdom from the European Union will mean it is treated in the same way as any other third country in this regard and UK ships will be unable to access this traffic market unless they change their flag to one from the European Union.

Will the crews of ships engaged in island cabotage services be affected?

In the crew of EU-flagged ships engaged in island cabotage, the captain, first officer and 50% of the rest of the crew must be nationals of a Member State of the European Union. Once British crewmembers are not counted as nationals of a Member State of the European, ships will need to adapt their crew composition to meet the requirements of the new situation.

Non official translation