DCMS Sport Sector EU Exit Guidance

The Department for Digital, Culture, Media & Sport has compiled a non-exhaustive list of the most relevant guidance for sports organisations, based on discussions with the sector over previous months

The Government’s website has a ‘click-through’ interface to take all UK citizens, businesses and other organisations through a set of questions, to help direct them to the most appropriate guidance for their particular circumstances. We strongly advise you to access the website to ensure you reach the guidance relevant to you. The DCMS Sport Team has also compiled a non-exhaustive list of links to some of the most relevant guidance for sports organisations, based on discussions with the sector over previous months. Some of this guidance has been recently updated, so we would suggest you take another look if you haven’t accessed the links for some time, and sign up for email alerts.

1. Visiting Europe after EU Exit

Information on requirements around passports, driving documents, health insurance (for example, the European Health Insurance Card will no longer apply) is here:

• https://www.gov.uk/visit-europe-brexit
• https://www.gov.uk/guidance/driving-in-the-eu-after-brexit

The European Commission has proposed that, in the event of ‘no deal’, UK nationals visiting the EU will be able to stay visa-free for up to 90 days in any 180 day period (in the Schengen Area). This should include sports persons and fans visiting the EU to participate in or watch sports events, provided they are not undertaking paid work. However, UK nationals may require visas under individual Member States’ immigration laws if they wish to work, study, or stay longer than 90 days.

• EC factsheet (March 2019) on travelling between the UK and the EU in the event of ‘no deal’

2. EU Citizens’ Rights

For EU citizens in the UK before 31 October (EU exit day), guidance on how to apply to the EU Settlement Scheme is here. EU citizens will have until 31 December 2020 to apply in a ‘no deal’ scenario.

3. Migration – EU citizens arriving in the UK after EU exit

On 5 September 2019, the Government published a policy paper outlining the arrangements that will apply for EU citizens arriving in the UK after 31 October in no deal [NB: this is a change to and replaces the previous guidance issued in February 2019].

The new points-based immigration system will not apply until 1 January 2021. Between 31 October 2019 and 31 December 2020, law abiding EU citizens and their family members will be able to move to the UK and live, study, work and access benefits as they do now.

Additionally, the Home Office will open a new, voluntary immigration scheme – the European Temporary Leave to Remain Scheme – that will be available to these EU citizens. It will be a simple, free, online process to apply, after arrival. Successful applicants will be granted a period of 36 months’ leave to remain. After 31 December 2020, EU citizens arriving in the UK, and those here without leave to remain who wish to continue their stay, will need to apply under the new immigration system. The Home Office policy paper, and further guidance, are here:

• No deal immigration arrangements for EU citizens moving to the UK after Brexit
• European temporary leave to remain in the UK

4. Movement of sports goods across the UK/EU Border

In a no deal Brexit, the UK will be considered a ‘third country’ for customs purposes in the EU. This means that sports organisations (including clubs and schools) and individual sports people may be required to make import and export declarations when taking their equipment across the UK/EU border.

There are several procedures that may be used, depending on which is the most straightforward and applicable to individual circumstances – for e.g. using ATA Carnets, or temporary admissions processes. Guidance is available here:

• https://www.gov.uk/guidance/organisations-businesses-and-individuals-in-the-creative-cultural-and-sport-sectors-what-to-expect-on-day-one-of-a-no-deal-scenario
• https://www.gov.uk/taking-goods-out-uk-temporarily/get-an-ata-carnet

5. Data

UK organisations that receive the personal data of EU citizens from the EU/EEA may not be able legally to continue to do so in a no deal exit, unless they put alternative arrangements in place. Consult the guidance, and review your contracts to ensure your organisation can continue to receive and process personal data from the EU/EEA. NB: UK businesses will still be able legally to send personal data into the EU/EEA.

• Using personal data after Brexit

6. Providing services to EU/EEA countries

In a no deal exit there will be changes to the ability of UK organisations to provide services to EU/EEA countries. For e.g. arrangements for short term business travel, recognition of professional qualifications, and the temporary relocation of workers into the EU/EEA will be affected. A guidance note is here:

• https://www.gov.uk/guidance/providing-services-to-any-country-in-the-eu-iceland-liechtenstein-norway-or-switzerland-after-eu-exit

A useful country by country guide, which includes references to individual EU Member States’ business travel rules, and recognition of qualifications, is here:

• https://www.gov.uk/government/collections/providing-services-to-eea-and-efta-countries-after-eu-exit

7. Erasmus+

Organisations that have projects running under the European Commission’s Erasmus+ programme (incl. E+ Sport), should register for the HM Government Guarantee scheme, to ensure projects can continue in the event of a no deal exit.

• https://www.gov.uk/guidance/register-to-claim-erasmus-and-esc-funding-from-the-government-guarantee

8. European Commission No Deal Factsheets

The EC has published its own set of factsheets of guidance on for e.g. citizens’ rights, visiting the EU, trading and customs here:

• https://ec.europa.eu/info/publications/factsheets-and-questions-and-answers_en

DCMS Sport Team
September 2019