Services

Question:  Will services Directive be applicable to British citizens and business in case of a no Brexit deal?

In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of services is ensured. In accordance with Article 43 of the Treaty the freedom of establishment is ensured. Article 49 of the Treaty establishes the right to provide services within the Community.

The Services Directive establishes a general legal framework which benefits a wide variety of services by ensuring the freedom of establishment for providers in Member States and the free movement of services between Member States. Also it guarantee recipients and providers the legal certainty necessary for the exercise in practice of those two fundamental freedoms of the Treaty

According to the "Freedom of Establishment of Service Providers and Freedom of Movement of Services Law" of 2010, in Accordance with the act of the European Community "Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market" , ' service provider ' means any natural person who has the nationality of a Member State or any legal person within the meaning of article 48 of the Treaty on the Functioning of the European Union established in a Member State which offers or provides a service.

With BREXIT (the exit of Great Britain from the European Union (EU)), Great Britain leaves the Treaty governing the functioning of the EU and ceases to be a state which is a member of the EU and/or a Contracting Party to the Agreement on the European Economic Area (EEA), of which Norway, Iceland and Liechtenstein are members.

In practice, this means that both British nationals (individuals) and companies (legal entities), established in Great Britain, will not facilitate from the freedoms of offering or providing services (have access to, or exercise of a service activity) in the Single Market as per the provisions of the Directive, 2006/123/EC, to the benefit of Member States (MS); whether through the establishment of a business or by providing services across border from another EU member state (from one member state of the Single Market to another MS). To have the ability to offer or provide services in the Single Market they must meet other criteria and conditions applicable in the case of a person (natural or legal) from a non-EU Member State.   

However, in case the UK exits the EU with a Withdrawal Agreement, a transitional period until the end of 2020 will be implemented, during which the EU acquis will continue to apply as now, including the EU Services Directive.   

 

BREXIT WITH DEAL

Question: In case of BREXIT with deal what is expected to be happened within IMI system in relation to the UK?

Answer: During the transitional period until the end 2020 nothing will change in relation to the United Kingdom. The registered users from the UK in the IMI system will still have access and continue using the IMI. The open requests between the UK and other Member States will not be affected in any way.

 

NO-DEAL BREXIT SCENARIO

Question: In case of BREXIT without an agreement what is expected to happen within IMI system in relation to the United Kingdom?

Answer: In case of NO-DEAL BREXIT all the registered competent authorities of the United Kingdom in the IMI system cease to have access. Furthermore, the access to all users from the UK in IMI will be deactivated. All open requests will be immediately withdrawn. 

 

 

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