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EUROPEAN UNION

REMINDER: What the Brexit deal means for Brits in Italy

The UK's election result has moved Brexit a step closer, so here's reminder of what exactly the Withdrawal Agreement means for British residents in Italy.

Published: 16 October 2019 16:54 CEST
Updated: 16 December 2019 09:31 CET
REMINDER: What the Brexit deal means for Brits in Italy
Anti-Brexit protesters in Rome, 2017. Photo: Vincenzo Pinto/AFP

It's been so long since the British parliament last debated (and rejected) a possible Wiithdrawal Agreement that many people will have forgotten exactly what it entails.

But after the Conservatives won a landslide victory in the UK's general election, their Brexit deal is back on the table and could finally pass by the proposed deadline of January 31st.

While the latest deal hasn't yet been given the green light by the British parliament, it's important to remember that the Citizens' Rights part of the deal – the 50-odd page section that formed Part Two of the Withdrawal Agreement – remains unchanged from when it was thrashed out a year ago.

READ ALSO: How will Brexit affect you in Italy? Q&A with the British ambassador

The good news is that the transition period, which basically keeps relations between the EU and the UK as they are now, will immediately kick in when the UK leaves and run until December 2020, unless it is extended.

So people who want to move to an EU country but have not made the move yet can come here on the same terms as before until the end of December 2020. And Brits who want to move from one EU country to another can also do so as they would have done if they were EU citizens until the end of 2020.

This contrasts with a no-deal scenario when all such rights would end on Brexit Day. 

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Here's a quick recap of what the Brexit deal will mean for British residents in Italy (though it's worth noting that at the time campaigners from British in Europe described the Withdrawal Agreement as having “more holes than a piece of French Emmental” cheese).

  • If you are legally resident in an EU country then you will have the right to stay, albeit you will have to apply to authorities in order to secure this status.
  • The right to stay is not only guaranteed for those already living in the EU on Brexit day, but also those who come to the EU before the end of the transition period, which currently is 31st December 2020 – though there is a chance that the transition period could be extended even further. It was initially intended as a 21-month window in which the UK could organise bilateral deals or with the EU as a whole, but repeated Brexit delays mean it is now just over a year.
  • Under the Withdrawal Agreement, Brits will only lose those rights if they spend five continuous years away from the EU country they are living in.
  • The current EU laws on the right of residence will apply, meaning Brits in the EU are not obliged to meet any conditions for the first three months of their stay, but after that they must be working or self-employed, self-sufficient or a student. Alternatively they can be a family member of someone who meets these conditions.
  • Aggregation of social security contributions is agreed.
  • After five years of meeting these conditions then you will earn the right to stay permanently. Anyone with less than five years' residence under their belts by the end of the transition period will be allowed to stay on under the same conditions until they can claim permanent residency. 
  • Britons in the EU will enjoy the continued right to reciprocal healthcare. So those pensioners who have cover under the S1 scheme or will be eligible for one when they retire will continue to have their healthcare funded by the UK. For British workers in EU countries who pay into the national health scheme then, the rules will remain as they are now. 
  • EHIC health cards will also continue to cover travel across the EU during the transition period. What happens with them afterwards would be part of any future deals between Britain and EU countries.
  • Pensions will be uprated – meaning your UK state pension will be increased annually as it has been for those living in the UK or in the EU up to now – and this continues for your lifetime.
  • Disability benefits will also be “exported” as they are now.
  • Frontier workers who live in one country and work in another will have the right to continue to work in each country.
  • Close family members including spouses, civil partners and dependent children will be able to join you living in an EU country if you are legally resident. British in Europe points out that: “This will apply for the whole of your lifetime. If you have children after the effective date they also are protected under the withdrawal agreement if you and the other parent are also protected or a national of the country you live in.”
  • The issue of qualifications being recognised in a country under a Brexit deal is one of the more confusing aspects of the Citizens Rights part of the WA. British in Europe sum it up by saying: “There is some agreement on recognition of professional qualifications – if you have an individual recognition decision re your qualification including through automatic recognition e.g. doctors, architects, your qualification will continue to be recognised but only in the country where the decision was issued.”

Citizens rights group British in Europe said of the deal when Theresa May first agreed it: “It's reasonable to say that for those who are happily settled in their country of residence, work solely in that country, have retired there or are pre-retired, have no wish or need to move to or work or study in another EU country, fulfil all the requirements for exercising treaty rights (see here) and don't rely on professional qualifications, then your rights should be covered.”

But it's not all plain sailing.

  • Residency permits will still have to be applied for if EU countries, as they are expected to do, introduce a “constitutive system”. That means criminal checks will be carried out on applicants as well as checks to make sure they meet the requirements legal residence. That might be a problem if residents don't have the resources to prove they are self-sufficient. Application must be submitted within six months of the end of the transition period (which based on the current end date for the transition period of December 31st 2020 would be June 30th, 2021). And it's only an application, there is no guarantee that all applications will be accepted. After Brexit countries could also adopt a “declaratory system”, meaning Brits won't have to apply for residency permits, but will have a choice whether to do so.
     
  • Freedom of movement ends once the UK leaves the EU, so as well as affecting people who arrive after the end of the transition period it also means people cannot move between countries. So if you have residency sorted in Italy, you cannot then move to Spain for work – for example – without going through the Spanish immigration process.
  • The right to provide cross-border services as self-employed people.
  • As British in Europe states: “Some professional qualifications e.g. lawyers practising under their home titles and EU-wide licences and certificates are not covered, nor is recognition of qualifications outside the country of recognition/residence across the EU 27.”
  • If you hook up with a local while you're living in an EU country, don't assume that they will be able to live with you in the UK after the end of the transition period, even if you are married.

And of course, all this depends on Boris Johnson convincing MPs to back the deal he has negotiated.

For more information on the citizens' rights section of the Withdrawal Agreement, you can visit the British in Europe website.

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DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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