In case an agreement is reached between the EU and the UK on the future partbership
The conditions until 31 December 2020 for performing road haulage and passenger transport services are the same as before the United Kingdom's withdrawal. The conditions for the period from 1 January 2021 will be established jointly by the European Union and the United Kingdom, negotiations on this have already started in March 2020. With the adoption of the agreement, basic freight and passenger transport between the EU and the UK is planned to be secured, but its details are still being negotiated.
In the absence of an agreement between the European Union and the United Kingdom on the future partnership
EU legislation will expire for the United Kingdom after the end of the transition period. The provisions of Regulation No. 1072/2009/EC on common rules for access to the occupation of road transport operator and for access to the international road haulage market will no longer be applicable. This would lead to the termination of the validity of community licences issued by the United Kingdom to road hauliers up to the date of withdrawal, and would thus lead to a loss of access to the EU road haulage market for holders of such licences. Likewise, road hauliers in the European Union would also lose access to the UK road haulage market by automatic access to existing Community licenses. It follows that road haulage services provided by road hauliers between the United Kingdom and the EU Member States will no longer have a legal basis in the EU from the day of the withdrawal and will only be allowed to carry out freight operations if they hold a CEMT licence.
However, due to the limited number of permits available under the ECMT system, it is inadequate to fully address the road freight transport needs between the Union and the United Kingdom.
The European Commission has prepared its proposal for emergency regulations in the field of road transport, which aim to address the situation if the EU-UK negotiations do not produce a result that is applicable from 1 January 2021. In that case, for a period of up to 6 months (until 30 June 2021), it shall, on the basis of reciprocity, lay down measures for the carriage of goods by road and regular passenger transport between the European Union and the United Kingdom after exit in order to prevent serious threats.
The regulation allows road hauliers and bus transport operators licensed in the United Kingdom and in the EU to carry out road haulage and regular passenger transport:
- between the UK and the remaining EU Member States;
- to and from the UK passing through one or more Member States.
Road hauliers licensed in the United Kingdom and EU member states are allowed to perform within seven days from the unloading within the territory of the Union or UK of up to two additional operations of loading and unloading within the territory of the Union or UK for a period of 2 months from the first day of application, and one operation within seven days from the unloading within the territory of the Union or UK, during the following 3 months.
In the case of passenger transport the Interbus Agreement would be the only legal framework available to provide a basis for international non regular coach and bus passenger transport between the EU and the UK. At the same time as the United Kingdom exits the EU, the United Kingdom will be a Contracting Party to the Interbus Agreement.