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Italy asks EU court to cancel EMA move to Amsterdam

Italy launched a legal bid on Wednesday to overturn a decision to move the EU's medicines agency to Amsterdam following Brexit, after it emerged that the Dutch facility would not be ready in time.

Published: 31 January 2018 12:36 CET
Italy asks EU court to cancel EMA move to Amsterdam
The temporary accommodation of the European Medicines Agency (EMA), in Amsterdam. Photo: Remko De Waal/ANP/AFP

Milan lost a tense tiebreak vote, carried out by the drawing of lots, against the Dutch city in November for the right to host the EMA, which must move when Britain leaves the European Union in March 2019.

However, on Monday it was revealed that the new Amsterdam facility was still a building site and would not be ready until November 2019, prompting Italy to ask the EU's top court to annul the decision.

“We have to try,” Italian Prime Minister Paolo Gentiloni told public broadcaster Rai, adding that “the game is not over”.

However, he said, “we must not have illusions, it will not be easy because there are procedures to be respected”.

The Luxembourg-based European Court of Justice said in a statement that “Italy and the City of Milan bring actions… for annulment of EUCO [European Council] decision re. EMA move to Amsterdam after Brexit”.

Italian authorities reaffirmed on Tuesday that the country was ready to immediately welcome the EMA to Milan.

But the European Commission, the EU's powerful executive arm, appeared to suggest that the Italian move was a ploy to win votes ahead of elections in March.

“Sorry, but for me personally, I think the commission is not a part of Italian election debates. It will be a crystal clear answer,” EU Health Commissioner Vytenis Andriukaitis told reporters.

He added that the Netherlands “knows about all issues and possible consequences”.

'Optimal functioning'

The decision to award Amsterdam one of the most prized spoils of Britain's decision to quit the EU came down to the drawing of lots after three rounds of secret voting by the 27 EU member states without the UK failed to produce an outright winner.

Italy's government said it wanted to ensure that the choice of Amsterdam as the EMA's new home was not made on incomplete grounds or because any facts were concealed – such as when the new facilities would be ready.

“This is not a decision against Holland,” Italy's European Affairs Minister Sandro Gozi said in an interview with the Corriere della Sera newspaper.

“It is a decision taken in the interest of the health of all European citizens to ensure the continuity and optimal functioning of the agency.”

The European agency and Dutch officials on Monday had announced that construction of the new “cutting-edge, modern building” will reportedly cost €250-300 million.

Temporary accommodation has had to be rented to enable the relocation of the EMA's 900 London-based staff to begin on January 1st 2019 and be completed by March 30th 2019 – the day the new post-Brexit era begins.

Based since 1995 in London's bustling Canary Wharf business district, the EMA evaluates and supervises medicines for human and animal use. It helps national authorities authorize the sale of drugs across the EU's single market, which currently comprises 28 countries and more than 500 million people.

For members

BREXIT

Will Brits in Italy face travel problems under new EES passport system?

The EU's new Entry & Exit System (EES) of enhanced passport controls is due to come into force later this year, but will this create more headaches for non-EU nationals who need to prove their Italian residency rights?

Published: 30 April 2024 16:36 CEST
Will Brits in Italy face travel problems under new EES passport system?

Currently scheduled to start in autumn 2024 (unless it’s delayed again, which is possible) the EU’s new Entry & Exit System is an enhanced passport check at external EU borders.

You can find a full explanation of the new system and what it means for travellers HERE.

Those crossing an external EU or Schengen border for the first time will be required to complete EES ‘pre-registration’ formalities, including facial scan and fingerprinting.

Several groups are exempt from EES, and one of them is non-EU nationals who have a residency permit or long-stay visa for an EU country.

A European Commission spokesman told The Local: “Non-EU citizens residing in the EU are not in the scope of the EES and will not be subject to pre-enrollment of data in the EES via self-service systems. The use of automation remains under the responsibility of the Member States and its availability in border crossing points is not mandatory.

“When crossing the borders, holders of EU residence permits should be able to present to the border authorities their valid travel documents and residence permits.”

READ ALSO: What will EES passport system mean for foreigners living in Europe?

But there have understandably been questions about how this exemption will work in practice.

Most airports, ports or terminals have two passport queues – EU and non-EU. It remains unclear whether the non-EU queue will now have a separate section for those who are exempt from EES.

It appears that exempt groups will not be able to use the automated passport scanners – since those cannot scan additional documents like residency permits – but should instead use manned passport booths.

What does this mean for travel between Italy and the UK?

It seems that nothing will therefore change for those who already have to show their Italian residency documents along with their passport when travelling to and from the UK (or another non-EU country) in order to avoid having their passport incorrectly stamped.

UK citizens who were legally resident in Italy before the end of the Brexit transition period are in a somewhat unusual position, as Italy is one of a handful of “declaratory” countries in the EU where getting a post-Brexit residency card (Italy’s is known as the ‘carta di soggiorno‘) was optional, rather than compulsory.

The British government has long recommended that British nationals who were resident in Italy before Brexit should obtain the card as it’s the easiest way to prove residency rights and avoid delays at the border.

In practice, many of Italy’s British residents have since found that the post-Brexit residency card is also necessary in order to complete various bureaucratic procedures within Italy.

READ ALSO: EES: Could the launch of Europe’s new border system be delayed again?

But will the EES system mean that the card now becomes a de facto requirement when travelling between Italy and the UK?

The British government has not issued any updated guidance on the matter in light of the introduction of EES, and the British Embassy in Rome did not immediately respond to a request for comment from The Local.

Although EES does not change any rules relating to residency or travel, it seems likely that it will be more hassle to travel without a ‘carta di soggiorno’ than it is now.

As always, our advice is that getting the card, if you haven’t already, will probably save you a considerable amount of time and trouble, both within Italy and when travelling.

You can find our full Q&A on EES HERE.

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