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Information for entrepreneurs on the topic of BREXIT from the workshop of the Ministry

    General information on Brexit for citizens and businesses can be found on the website of the Ministry of Foreign Affairs and European Affairs of the Slovak Republic (click here ). Are you ready for Brexit when doing business with the UK? Test yourself: https: //ec.europa.eu/info/sites/info/files/brexit-preparedness-communications-checklist_v3_en.pdf

    Contents

    I. Current status
    II. Scenario in case of no agreement on future relations
    1. Import and export of goods
    2. Indirect taxes (VAT and excise duties) on imports and exports
    3. Preferential origin of goods
    4. Trade in services
    5. Import / export licenses required under Union law
    6. E-commerce
    7. Public procurement
    8. /> 9. on the origin of energy from renewable sources
    10. Consumer rights after severe Brexit
    11. Contact


    I. Current status

    Due to the internal political turbulence in the United Kingdom, which did not allow for the approval of the exit agreement in parliament, the original Brexit deadline of March 29, 2019 was extended twice at the request of Prime Minister T. May, first until June 30, 2019 and later until October 31, 2019. In July 2019, T. May was replaced as Prime Minister by B. Johnson, who renewed the renegotiations of the exit agreement with the EU27. The renegotiations were successfully concluded in October 2019 by a mutual agreement on "Irish insurance", the original text of which was the main reason for previous unsuccessful votes on the exit agreement in the British Parliament. At the same time, agreed on a new Brexit date as of 31 January text possible download here .

    The exit agreement was approved by both the British Parliament and the European Parliament in January 2020. The exit agreement provides for a transitional period starting from 1.2.2020 until 31.12.20 . The transitional period may be extended by mutual agreement. During the transitional period, the United Kingdom will comply with EU law ("acquis communitaires"), but will no longer be able to participate in its creation or changes.

    In practice, this means that during the transition period, the situation for economic operators does not de facto change from the pre-exit situation . Economic operators will be able to export their products to the United Kingdom products from the United Kingdom and to provide and receive services under the same regime as today, ie without additional restrictions, with existing and still valid certificates and licenses. This trade would no longer be subject to customs duties, import quotas or additional tax arrangements, or other barriers. Nothing will change in everyday reality as the United Kingdom remains bound by the rules of the single internal market in the trade and economic field.

    During the transitional period, the EU and the United Kingdom will negotiate a agreement on future relations , which should enter into force after the end of the transitional period, i. j. by 1 January 2021 at the earliest. The relations agreement will also include the Free Trade Agreement (FTA) . The FTA should be as comprehensive as possible (following the model of the FTA with Canada), but in any case a lower degree of economic cooperation than the current EU internal market. This means that the future FTA may contain several restrictions on mutual trade in goods in the form of tariffs, import quotas, non-tariff restrictions (sanitary and phytosanitary restrictions, restrictions on the recognition of technical standards, etc.) or barriers to the establishment and operation of growth service providers. administrative burden. With regard to trade in services, the FTA would allow the EU and the United Kingdom to make a mutual commitment not to apply any protectionist or discriminatory restrictions in the future, except for those that the country explicitly reserves in the so-called documents of reservation. FTA-type agreements are also used in the provisions on cooperation in the regulation of trade in services, resp. on cooperation in resolving disputes.

    The exit agreement also includes " Irish which will apply even if no agreement is reached on future relations. The "Irish Insurance" is valid for a minimum of 4 years with effect from 1 January 2021, unless otherwise agreed in the future relations agreement. The insurance leaves Northern Ireland in the EU's single market, which in practice means that there will be no checks on goods or people at the border between the Republic of Ireland and Northern Ireland.


    II. Scenario in case of no agreement on future relations


    Current information from the European Commission on the scenario without an agreement on future relations:



    1. IMPORTS AND EXPORTS OF GOODS



    In the absence of an agreement on future relations or a free trade agreement, The EU and the United Kingdom will become non-binding countries at the end of the transitional period. reciprocal trade agreement . this means that mutual trade relations will be governed only by the rules of the World Trade Organization (WTO) and both parties will apply to each other in trade such measures as the EU currently applies to other third countries with which it does not have preferential trade agreements. In trade in goods, this applies in particular to import duties, as well as customs formalities and procedures relating to the release of goods.

    The United Kingdom will unilaterally accept its own provisional import duties, which will be valid for a maximum of 1 year : the current EU tariffs, but will apply only to sensitive goods : beef and pork, lamb, poultry, fish, butter, cheese, edible fats and oils, sugar, rice , bananas, ethanol, alcoholic beverages, cars (components will not be subject to duty), ceramics, fertilizers, fuels, textiles and clothing, tires. Tariffs will cover imports from all non-preferential countries, including the EU27 . Tariff preferences will only apply to imports from countries with which the UK has already negotiated preferential trade agreements (eg Chile, Switzerland, Israel, Faroe Islands, ESA countries - East and South Africa) and from some developing countries under the Generalized System of Preferences. At the same time, the UK will take over from the EU anti-dumping and countervailing duties on 43 goods that are subject to safeguard measures in the EU against and subsidized imports from third countries (will not be apply to imports from the EU27).

    In parallel with the application of the provisional duties, the United Kingdom will continue to negotiate in the WTO on its new instruments of commitment, which also include new definitive duties. The latest draft of the United Kingdom's GATT and GATS commitments negotiated in the WTO is possible at https: // www .gov.uk / government / publications / uk-goods-and-services-schedules-at-the-wto . With the adoption of the new United Kingdom instruments of commitment to the WTO, the provisional duties will expire and the definitive duties will enter into force.

    For some goods, the UK can easily replicate the duties included in the EU schedule of commitments (as mentioned above). However, this is not possible for goods subject to a tariff. A tariff quota means that a certain quantity of goods may be imported at a reduced or zero rate of duty. If imports of these goods reach the level of a tariff quota, a higher tariff rate will apply to them. Tariff quotas have been set within the WTO to match EU demand of 28 Member States . In the context of Brexit, the EU they will allocate the existing tariff quotas currently earmarked for the EU 28 . However, the method of division must be agreed by the WTO members concerned , so the EU is currently negotiating with them on this issue. If it is not possible to conclude agreements on the allocation of tariff quotas with all WTO members concerned on the date on which the WTO Charter of Concessions and Commitments for the EU ceases to apply to the UK, EU unilaterally allocate the tariff quotas to a methodology that is in line with the requirements of Article XXVIII of the GATT 1994 2013-2015). The current tariff quotas for the EU-28 are listed on the website of the Financial Directorate of the Slovak Republic transported to the EU customs territory from or to be exported from that territory for transport to the United Kingdom is subject to customs supervision and may be subject to customs controls in accordance with Regulation (EU) No 952/2013 of 9 October 2013 establishing the Union Customs Code. This means, among other things, that customs formalities apply, customs declarations must be lodged and the customs authorities can guarantee any or existing customs debts.

    Goods that are imported into the EU customs territory from the United Kingdom are subject to Council Regulation (EEC) No 2454/93. Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff. This means enforcing applicable duties .

    For certain goods entering or leaving the EU from the United Kingdom, prohibitions or restrictions on grounds of public policy or public security, the protection of health and life of humans, animals or plants, or the protection of national treasures. A list of such prohibitions and restrictions is published on DG TAXUD's website and is available at:

    Goods originating in the United Kingdom that are incorporated into goods exported from the EU to third countries will no longer be considered "EU content" for the purposes of the EU's common commercial policy. This affects the ability of EU exporters to cumulate goods originating in the United Kingdom and may affect the applicability of preferential rates agreed by the Union with third countries.



    2. INDIRECT TAXES (VAT A TAXES) ON IMPORTS AND EXPORTS



    Goods which enter the EU tax (VAT) territory from the United Kingdom or are dispatched or transported from the EU tax (VAT) territory to the United Kingdom will be considered as importing or exporting goods in the United Kingdom. in accordance with Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax (hereinafter referred to as the "VAT Directive"). This means charging VAT on imports while exports are exempt from VAT .

    Taxable persons wishing to benefit from one of the special schemes of Title XII, Chapter 6 of the VAT Directive (the so-called simplified single point of contact or 'MOSS' scheme) and who provide telecommunications, television and radio broadcasting or electronic services to non-taxable persons in EU, they will have to register under the MOSS in an EU Member State.

    Taxable persons established in the United Kingdom, buy goods and services or import goods subject to VAT in an EU Member State and wishing to claim a refund of this VAT will no longer be able to do so electronically in accordance with Council Directive 2008/9 / EC, but must claim it in accordance with Council Directive 86/560 / EEC. Member States may make the refund subject to reciprocity subject to reciprocity.

    A company established in the United Kingdom which carries out taxable transactions in an EU Member State may require that Member State to designate a tax representative as the person liable for payment of VAT in accordance with the VAT Directive.

    The movement of goods entering the EU excise territory from the United Kingdom or dispatched or transported to the United Kingdom from the EU excise territory will be considered as an import or export of goods excise duty in accordance with Council Directive 2008/118 / EC 16 December 2008 on the general system of excise duties. This means, inter alia, that the Excise Movement Control System (EMCS) will no longer apply in itself to the suspended movement of excise goods from the EU to the United Kingdom, this movement will be considered as an export, with excise duty surveillance ending in point of exit from the EU. Therefore, an export declaration as well as an electronic administrative document (e-AD) will be required for the movement of excise goods to the United Kingdom. Customs formalities will have to be completed before excise goods can be transported from the UK to the EU before they can be transported under the EMCS system.

    Customs procedures after Brexit: https://www.financnasprava.sk/sk/danovi-a-colni-specialisti/clo/brexit .

    goods imported into the EU from third countries with which the EU has preferential trade agreements are subject to preferential tariff treatment if they meet the preferential rules of origin. In determining the preferential origin of goods produced in a third country with which the EU has a preferential trade agreement, inputs into those goods originating in the EU (materials and, under certain agreements, processing operations) shall be considered as originating in that EU. countries (cumulation and procedures determination of preferential origin are set out in the relevant preferential trade agreements and may vary from one agreement to another. third countries can be found at https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/rules-origin/general-aspects-preferential-origin/arrangements-list_en .

    In determining preferential origin, the EU is considered a single territory without distinction between Member States. Therefore, inputs from the United Kingdom (materials or processing operations) are currently considered as "EU content" when determining the preferential origin of goods in the EU.

    Origin of goods government authorities of origin ") or the exporters themselves (subject to prior authorization or registration) in" declarations "or" certificates "of origin made out on commercial documents. The origin of the goods may, at the request of the importing Party, be subject to verification by the exporting Party.

    As proof of compliance with the origin requirements, the exporter obtains supporting documentation from its suppliers (such as "supplier declarations"), which allows the EU to trace production processes and delivery of materials up to the export of the final product. To this end, EU exporters and producers use the specialized accounting systems, records and supporting documents available to them in the EU.



    CONSEQUENCES OF THE KINGDOM OF THE UNITED KINGDOM

    From the date of withdrawal, the United Kingdom will become the third country to cease EU trade agreements with third countries. Inputs from the United Kingdom (materials or processing operations) are considered "non-originating" in the preferential trade agreement when determining the preferential origin of goods that include these inputs. This means:



    Goods exported from the EU:

    From the date of withdrawal, a country with which the EU has a free trade agreement may consider that goods which had a preferential origin in the EU before the date of withdrawal no longer meet the necessary conditions at the time of their importation into that third country, as the entries from the United Kingdom are not considered "EU content".

    When verifying the origin of goods exported to a third country under preferential treatment, that third country may require exporters in the EU-27 to prove their origin in the EU from the date of exit, as inputs from the United Kingdom are no longer considered "content". z />

    Inputs from the United Kingdom included in goods obtained in third countries with which the EU has preferential trade agreements and imported into the EU will be "non-originating" from the date of exit, in particular in the context of cumulation of origin with the EU.

    In the case of verification of the origin of goods imported into the EU, exporters in third countries may be required from the date of exit to prove the preferential origin of the imported goods in the EU.



    RECOMMENDATIONS TO INTERESTED PARTIES



    Goods exported from the EU:

    In view of the above consequences, exporters and producers in the EU-27 who intend to apply for preferential tariff treatment in a country with which the EU has a free trade agreement from the date of withdrawal are recommended to:

    • In determining the preferential origin of their goods in the EU, they considered inputs from Kingdom as nep non-originating ’; and to
    • take appropriate measures to allow them to prove the preferential origin of their goods in the EU in the event of a subsequent verification, without taking into account inputs from the United Kingdom as "EU content".



    Goods imported into the EU:

    EU-27 importers are encouraged to ensure that the exporter will be able to demonstrate the preferential origin of imported goods in the EU, given the consequences of the UK withdrawal.


    Commission website for taxes and customs union:     https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/rules-origin/general-aspects-preferential-origin_en < / a>

    and database access to further information on the preferential origin of the goods. This site will be updated with additional information as needed.



    4. TRADE IN SERVICES



    Similarly, in the area of ​​trade in services, mutual trade relations will be complicated by an increase in administrative burdens, as service providers will be mutually required to establish themselves / register in the recipient country in the same way as for service providers from third countries. Mutual relations will only be governed by WTO rules and the relevant EU and UK reservations. The reservation lists contain service sectors in which the Contracting Party concerned has reserved the right (but not the obligation) to take any discriminatory or protectionist measures. These lists of reservations in trade in services represent a certain minimum binding measure with the country. However, given the openness of both economies, the EU and the United Kingdom are in fact providing significantly better access to their markets than they have committed themselves to in the WTO. The UK Charter and the EU Charter will be available on the WTO website:     https: / /www.wto.org/english/tratop_e/serv_e/serv_commitments_e.htm .



    5. IMPORT / EXPORT LICENSES REQUIRED UNDER UNION LAW



    In certain areas of Union law, certain goods are subject to compulsory authorization / approval / notification of consignments from a third country to the European Union or vice versa (hereinafter referred to as "import / export licenses"). In most cases, a license for shipments within the Union is not required or varies. Import / export licenses are usually issued by the relevant national authorities and compliance is checked as part of customs controls in the European Union.

    From the date of departure, if the import / export of goods is subject to a licensing requirement under Union law, consignments from the 27 EU Member States to the United Kingdom and vice versa will require such an import / export license.



    IMPORT / EXPORT LICENSES ISSUED BY THE UNITED KINGDOM AS AN EU MEMBER STATE UNDER UNION LAW

    Union law may provide for the possibility of import / export licenses being issued by a Member State other than the Member State in which the goods enter or leave the European Union.

    From the date of withdrawal, import / export licenses already issued by the United Kingdom as an EU Member State under Union law for consignments to 27 EU countries from third countries and vice versa.



    RELEVANT GOODS

    Import / export licenses exist widely policy areas and for a wide range of goods, including the following:




    6. ELECTRONIC SHOP



    COUNTRY OF ORIGIN PRINCIPLE

    In accordance with the internal market provision (also called the country of origin principle) in Article 3 of the E-Commerce Directive, the provider of information society services (information society services are defined as "any service normally provided for remuneration, at a distance, by electronic means and at the individual request of the recipient of the services "- see Article 1 (1) b) European (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for information in the field of technical regulations and of rules on information society services) to the law of the EU Member State in which it has its registered office, and not to the different legislation of the EU Member States in which its services are provided, although this provision allows for certain exceptions. This provision is complemented by a rule prohibiting prior authorization procedures and similar requirements that apply specifically to providers of these services (Article 4 of the E-Commerce Directive). In addition, the Directive lays down certain essential requirements for the information to be provided to users, for the conclusion of online contracts and for online commercial communications. 5 to 11 of the Electronic Commerce Directive). The liability of intermediary service providers is limited in certain cases (Section 4 of Chapter II of the E-Commerce Directive).

    From the date of withdrawal, information society services based in the United Kingdom and providing information society services in the EU will no longer be able to rely on the country of origin principle or this rule, which prohibits prior authorization procedures. They will no longer be subject to the basic information requirements set out in the E-Commerce Directive. Companies based in the United Kingdom providing information society services in the EU will therefore be subject to the competence of individual EU-27 Member States. Each EU-27 Member State will have the right to make the provision of such services subject to its national law, which may include procedures authorization or rules regarding the information to be provided to users. In addition, intermediary service providers based in the United Kingdom will no longer be subject to the obligations set out in the E-Commerce Directive.



    NETWORK NEUTRALITY

    Regulation (EU) 2015/2120 on the Open Internet lays down common rules to ensure equal and non-discriminatory treatment of traffic in the provision of Internet access services and related end-user rights. Although these rules will no longer apply to the United Kingdom from the date of withdrawal, they will continue to govern the provision of internet access services in the EU-27, regardless of where the information society service provider is established.

    General information on e-commerce and information society services can be found on the website href = "https://ec.europa.eu/digital-single-market/en/e-commerce-directive"> https://ec.europa.eu/digital-single-market/en/e-commerce- directive .

    This page will be updated as necessary in connection with the UK withdrawal.

    The e-commerce directive covers, for example, online information services (such as online newspapers), online sales of products and services (books, financial services and tourism services), online advertising, professional services (lawyers, doctors, real estate agents). , entertainment services and basic intermediary services (internet access, information transmission and hosting, i.e. storage of information on a host computer). These services also include services provided to the recipient free of charge, which are financed, for example, by advertising or sponsorship contributions.



    7. PUBLIC PROCUREMENT



    Subject to As of the date of withdrawal, EU public procurement law will no longer apply to United Economic apply any guarantees related to EU public procurement law     . The list of instruments that make up the EU acquis in the field of public procurement is available at https://ec.europa.eu/commission/sites/beta-political/files/public_procurement.pdf .

    Implications for public procurement procedures initiated by EU Member State authorities on the date of withdrawal:

    • UK operators will have the same status as everyone else third country entities with which the EU has no public procurement market agreement. They will therefore be subject to the same rules as any third country. This is without prejudice to the possible future accession of the United Kingdom to the Government Procurement Agreement under the World Trade Organization (WTO) commitments .
    • Article 85 of Directive 2014/25 / EU, which regulates procurement procedures for the purchase of goods by entities operating in the water, energy, transport and postal services sectors, provides that tenders submitted in the EU may be rejected if: the share of products originating in third countries with which the EU has not concluded an agreement that would provide EU companies with comparable and effective access to the markets of these third countries exceeds 50% of the total value of the products that make up the offer. Even if there are no such offers they may not give rise to the award of contracts where there are equivalent tenders for less than 50% of the products originating in third countries. Therefore, in this type of EU procurement, tenders containing more than 50% of products originating in the United Kingdom or third countries will be rejected or may not lead to a contract award.
    • As stated in recital 18 of Directive 2009/81 / EC, which regulates procurement procedures by contracting authorities or entities in the fields of defense and security8, EU Member States retain the power to decide whether their contracting authorities and entities may allow economic operators. from third countries to engage in defense and security procurement procedures. Economic operators in the United Kingdom may therefore be excluded from translating tenders in the field of defense and security.
    • In addition, Article 22 of Directive 2009/81 / EC that Member States recognize security clearances which they consider to be equivalent to security clearances issued in accordance with their national law. The United Kingdom will no longer be required to recognize security clearances obtained by operators in the United Kingdom, even if they consider them to be equivalent to their national security clearances. This may lead to the exclusion of UK security clusters from EU defense and security procurement procedures.

    With regard to procurement procedures that will not be completed by the date of withdrawal, the EU is seeking to agree with the United Kingdom on solutions in the withdrawal agreement. The basic principles underpinning the EU's position on open procurement procedures are available at:

    https: / /ec.europa.eu/growth/single-market/public-procurement_en .

    The United Kingdom has expressed its wish to accede to the Government Procurement Agreement (GPA) in the framework of WTO commitments following its withdrawal from the EU and submitted an offer of its commitment to public procurement. The EU has supported this process. At the meeting of the GPA Committee on 28 February 2019, all parties to the GPA agreed to the accession of the United Kingdom to the GPA. In view of the extension of the United Kingdom's withdrawal process by 6 months, the GPA Committee approved on 26 June 2019 the extension of the deadline for the United Kingdom to deposit its instrument of accession to the GPA in the United Kingdom's offer. the terms of the current schedule of EU commitments under this Agreement are repeated to the extent applicable to the United Kingdom. Its aim was to maintain the same level of market access for the other parties to the agreement after its accession to the GPA. As regards the repetition of the terms of the EU Charter of Obligations, the United Kingdom must make technical adjustments to take account of the fact that EU law will no longer apply in the United Kingdom. The GPA will apply to the United Kingdom as an EU Member State until the date of its withdrawal from the EU, or until the end of the transitional period if the EU and the United Kingdom conclude an agreement providing for such a transitional period during which Union law would apply. also to the United Kingdom.



    8. ENERGY



    Subject to any measures that may be set out in from the date of withdrawal, EU energy market regulation legislation (Directive 2009/72 / EC of the European Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity, Directive 2009/73 / EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas 2009 establishing the Agency for the Cooperation of Energy Regulators, Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the system for cross-border exchanges in electricity, Regulation (EC) No No 715/2009 of 13 July 2009 on conditions for access to the natural gas transmission networks (Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on energy market integrity and transparency) < / span> Already in the United States will not apply . This will have the following consequences :



    COMPENSATION BETWEEN TRANSMISSION SYSTEM OPERATORS (TSOs)

    In Regulation (EC) No Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the system for cross-border exchanges in electricity - see in particular Articles 13 and 14) lays down the principles of the compensation mechanism applied between TSOs and charges for access to systems.

    On the basis of these principles, Commission Regulation (EU) No Commission Regulation (EU) No 838/2010 of 23 September 2010 laying down guidelines regarding a mechanism for compensation between transmission system operators and a common regulatory approach to transmission charging - see in particular points 2 and 3 of Annex A) that EU TSOs are responsible for receiving cross-border flows of electricity into their networks. This replaces explicit charges for the use of interconnectors.

    As regards imports and exports of electricity from third countries, Commission Regulation (EU) No Regulation (EC) No 838/2010 (point 7 of Annex A to Commission Regulation (EU) No 838/2010) provides that all planned imports and exports of electricity from all third countries which have not accepted an agreement applying Union law must be pay a fee for the use of the transmission system. From the date of withdrawal, this provision shall also apply to imports of electricity from the United Kingdom and their exports to the United Kingdom.



    ENERGY CONNECTIVITY

    EU gas and electricity market legislation lays down rules for the allocation of interconnector capacities and mechanisms to facilitate the implementation of those rules. Specifically:

    Commission Regulation (EU) 2016/1719 (see Articles 48 to 50 of Commission Regulation (EU) 2016/1719 of 26. 2016 laying down guidelines for the allocation of long-term capacities) a single platform for the allocation of long-term capacities of TSO interconnectors is established. The platform is a central point of contact for market participants to reserve long-term transmission capacity within the EU;
  • Commission Regulation (EU) 2017/2195 (see Articles 19 to 21 of Commission Regulation (EU) 2017/2195 of 23 November 2017 laying down guidelines on balancing the electricity system) establishes European Regulatory Energy Platforms exchange of standard regulatory products. These platforms, as single points of contact, allow EU TSOs to obtain regulatory energy cross-border and shortly before use;
  • Commission Regulation (EU) 2015/1222 (see Chapters 5 and 6 of Commission Regulation (EU) 2015/1222 of 24 July 2015 laying down guidelines for capacity allocation and congestion management) introduces a single daily and intraday electricity markets in the EU. This makes it easier for market participants to organize cross-border transactions in electricity trade within the EU shortly before delivery time. Single day and intraday market interconnections are central tools for the integration of the EU's internal electricity market. Regulation (EU) 2015/1222 also lays down common requirements for the designation of nominated electricity market operators in the context of market interconnection. Their tasks include accepting orders from market participants, bearing overall responsibility for matching and allocating orders in accordance with the results of the single day and intraday market interconnection, publishing prices, as well as clearing and settling contracts arising from commercial transactions under relevant agreements between participants and legislation. Electricity market nominees are entitled to offer their services in Member States other than the Member States which they are intended.

    • From the date of withdrawal, operators operating in the United Kingdom will cease to participate in a single platform for the allocation of long-term interconnection capacities, European platforms with regulatory energy and a single interconnection of day and intraday markets. The nominated electricity market operators based in the United Kingdom will become third country operators and will no longer be eligible to provide market interconnection services in the EU.



    ELECTRICITY AND GAS TRADING

    In Regulation (EU) No Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency prohibits market abuse in the EU's wholesale electricity and gas markets. In order to prosecute market abuse cases, Article 9 (1) 1 nariadenia (EU) č. 1227/2011 from EU market participants to register with their national energy regulator. Third-country market participants are required to register with the national energy regulators of the Member State in which they operate.

    From the date of withdrawal, market participants based in the United Kingdom will become third country participants. Therefore, according to Article 9 1 nariadenia (EU) č. Under Regulation (EC) No 1227/2011, participants established in the United Kingdom who wish to continue trading in EU wholesale energy products will have to register with the national energy regulator of the Member State in which they operate. According to Article 9 para. 4 nariadenia (EU) č. 1227/2011, the registration form must be submitted before the conclusion of the transaction, which must ensure that the enforcement provisions under Articles 13 to 18 of Regulation (EU) No 1227/2011 are submitted. 1227/2011 could effectively is the responsible national regulatory authority that has registered UK market participants.



    PPS INVESTMENTS

    Directive 2009/72 / EC (12 Directive 2009/72 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity) and Directive 2009/73 / EC (Directive 2009/72 / EC of the European Parliament and of the Council 73 / EC concerning common rules for the internal market in natural gas) regulate the certification of TSOs. Pursuant to Article 11 of Directive 2009/72 / EC and Directive 2009/73 / EC, the certification of TSOs controlled by third-country person (s) is subject to specific rules. In particular, the Directives require Member States and the Commission to assess whether the certification of a TSO concerned controlled by a person (s) from third countries would jeopardize energy security for the Member State and the EU.

    TSOs controlled by UK investors at the date of withdrawal are considered to be controlled by persons from a third country. In order for these TSOs to continue operating in the EU, they need certification in accordance with Article 11 of Directive 2009/72 / EC and Directive 2009/73 / EC. Member States may refuse certification if granting it constitutes a threat to security of supply in the Member State.



    CONDITIONS FOR THE GRANTING AND USE OF AUTHORIZATIONS FOR THE SEARCH, EXPLORATION AND EXTRACTION OF HYDROCARBONS

    Directive 94/22 / EC (Directive 94/22 / EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons) lays down rules for the authorization of prospecting, exploration and hydrocarbon extraction. It ensures, inter alia, that procedures are open to all entities and that authorizations are granted on the basis of objective and published criteria. According to Article 2 para. Under the second subparagraph of Article 94 (2) of Directive 94/22 / EC, Member States may deny access to and the exercise of those activities to any entity that is practically controlled by third countries or third-country nationals.

    From the date of withdrawal, Article 2 (1) Article 2 of Directive 94/22 / EC shall apply where authorizations have been granted or are being applied for by a body which is practically controlled by the United Kingdom or United Kingdom nationals.

    General information is available on the Commission's Energy Policy website ( https://ec.europa.eu/energy/en / home ).

    This site will be updated with additional updates as needed.



    9. CERTIFICATES ON THE ORIGIN OF ENERGY FROM RENEWABLE SOURCES


    Subject to any transitional measures that may be provided for in any withdrawal agreement, the Directive shall on the promotion of the use of energy from renewable sources and Directive 2012/27 / EU on energy efficiency will no longer apply to the United Kingdom. In the area of ​​certificates of origin and certification of installers, this will have the following consequences in particular:



    CERTIFICATES OF ORIGIN

    In accordance with Article 15 (<) According to Article 2 of Directive 2009/28 / EC, Member States must ensure that a certificate of origin is issued at the request of a producer of electricity from renewable energy sources. Certificates of origin shall be issued for the purpose of proving the share or quantity of energy from renewable sources in the supplier's energy mix to final customers in accordance with Article 3 (2). 9 of Directive 2009/72 / EC. In accordance with Article 15 (2) According to Article 9 of Directive 2009/28 / EC, Member States must recognize certificates of origin by other Member States.

    EU-27 Member States will no longer recognize certificates of origin issued in accordance with Article 15 from the date of withdrawal. 2 of Directive 2009/28 / EC by the designated authorities in the United Kingdom.

    In accordance with Article 14 (<) According to Article 10 of Directive 2012/27 / EU, Member States must ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective, transparent and non-discriminatory criteria and must issue certificates of origin electronically covering a standard quantity of 1 MWh at least the information set out in Annex X. Member States must mutually recognize certificates of origin.

    EU-27 Member States will no longer recognize certificates of origin issued in accordance with Article 14 (2) from the date of withdrawal. 10 of Directive 2012/27 / EU by the designated authorities in the United Kingdom.

    CERTIFICATION FOR IN accordance with Article 14 (1) According to Article 3 of Directive 2009/28 / EC, Member States must ensure that installers of small-scale biomass boilers and furnaces, solar photovoltaic and heating systems, shallow geothermal systems and heat pumps, certification schemes or equivalent qualification systems based on the criteria set out in Annex IV to that Directive were available. Member States must recognize certificates issued by other Member States in accordance with these criteria.

    EU-27 Member States will no longer recognize installers' certificates issued by the United Kingdom in accordance with Article 14 (2) from the date of withdrawal. 3 of Directive 2009/28 / EC.

    General information is available on the Commission's Energy Policy website: https: // ec. europa.eu/energy/en/home .

    This site will be updated with current information as needed.



    10. CONSUMER RIGHTS AFTER BREXITE HARD



    After the United Kingdom's speech without the approval of the agreement on the regulation of mutual relations, citizens of the Slovak Republic purchasing from the United Kingdom will not be automatically guaranteed the scope of consumer rights that they currently have under EU law. The national law of the United Kingdom is currently harmonized with EU law, but the United Kingdom will not be obliged to maintain this situation once it has resigned. As a result, there may be changes in national legislation in the United Kingdom, which may mean a different level of protection for consumers than they are used to when shopping within the EU. However, consumer protection under EU law will also apply to purchases from the United Kingdom if a UK trader will demonstrably focus its business on consumers in the Slovak Republic. The Ministry therefore recommends increased prudence in goods and services from the United Kingdom.

    Consumers from the Slovak Republic will also not be able to use EU platforms under disputes with out-of-court dispute resolution and online dispute resolution in disputes with UK traders. The European Consumer Center in the United Kingdom will cease to be a member of the European Consumer Centers Network, which will prevent it from being contacted by the European Consumer Center in the Slovak Republic to assist in resolving a dispute between a Slovak citizen and a UK trader.

    If a Slovak consumer chooses to assert his consumer rights against a UK trader in court, the UK's withdrawal from the EU will have no effect on the action if the UK trader has sold goods or services to the consumer in the country. , in which he lives. However, a decision of a court of the Slovak Republic in a consumer dispute will not automatically guarantee the possibility of recognition and enforcement of that decision in the United Kingdom. Such a judgment will only be possible to recognize and enforce in a situation where a UK court decides, under their national law, to recognize and enforce a court decision from an EU Member State in a given consumer dispute.

    Further information on changes in consumer rights and obligations following the UK's withdrawal from the EU can be found on the European Commission's website (

    11. CONTACT


    In case of other questions related to Brexit, which are in the competence of MH SR, you can contact us at the e-mail address     brexit@mhsr.sk .



    Source: Ministry of Economy of the Slovak Republic, 3.4.2020