What is it all about?
On 23 June 2016, the UK held a referendum to answer the question: "Should the UK remain a member of the EU, or leave the EU?" By a margin of 51.9 per cent to 48.1 per cent, the UK voted to leave the EU — commonly referred to as 'Brexit'.
Following the EU and UK's agreement on 10 April 2019 to delay the UK's exit, the UK is now scheduled to leave the EU no later than 31 October 2019.
What is the European Union?
The EU is an economic and political partnership of 28 member countries (including the UK). It is often described as a 'single market' facilitating the free movement of goods, services, capital and people — as if member states were a single country. The EU is also a customs union, or a group of countries with a common external tariff.
What does Brexit actually mean?
The formal process for the UK's exit from the EU began when the UK Government triggered Article 50 of the Treaty of Lisbon on 29 March 2017, commencing the process of negotiating the terms of its exit. Article 50 provides the legislative framework to negotiate Britain's EU withdrawal.
Following the EU and UK's agreement in April 2019 to extend the UK's two-year Article 50 negotiating period, the UK is now scheduled to formally leave the EU by 31 October 2019. Should the United Kingdom ratify the Withdrawal Agreement at any stage before 31 October 2019, the withdrawal shall take place on the first day of the month following the completion of the ratification procedures.
Absent a functioning Withdrawal Agreement or further extension, a 'no deal' Brexit (where the UK leaves the EU and becomes a third country without a Withdrawal Agreement or other measures in place) is the default outcome for 31 October 2019. A 'no deal' Brexit could have significant implications for the UK and the EU, businesses exporting and operating in the EU and UK, and third countries such as Australia.
The UK will need to establish the parameters of its World Trade Organization (WTO) membership. The UK, like all EU member states, is currently a WTO member in its own right, but its obligations are those of the EU. The UK notified WTO members of its proposed goods and services schedules in 2018 and WTO processes remain ongoing with affected WTO Members. Parties to the Government Procurement Agreement (GPA) have approved the UK's accession to the pact, in its own right, once it leaves the EU.
What is the Australian Government doing to protect Australian interests?
The Australian Government is paying close attention to the UK's exit negotiations. The Australian Government has convened a whole-of-government coordination process to ensure that any risks posed by Brexit are addressed, while also identifying opportunities to enhance our relationships with the UK and EU within existing legal frameworks.
Australia remains fully committed to the UK as an indispensable friend and ally. We also remain fully committed to our relationship with the EU, which is equally based on shared interests and common values.
Australian Government ministers regularly meet and liaise with their UK and EU counterparts, including on Brexit, and remain committed to preserving and advancing Australian interests.
UK announce 'no deal' Brexit temporary customs duties
On 13 March 2019, the UK announced that in the event of a 'no deal' Brexit, temporary rates of customs duty (tariffs) would apply for a period of 12 months.This includes temporary liberalisation in some sectors that previously faced import duties, but excludes certain agricultural products.
The temporary tariff rates for the UK in a 'no deal' scenario can be found on the gov.uk website. However, the UK Government has stated that these documents are draft only, and final versions will be uploaded alongside relevant legislation oce approved by the UK Parliament.
In April 2019, the UK published guidance on its trading relationships by country, including with Australia. This guidance is intended to assist UK exporters in the event that the UK leaves the EU in a ‘no deal’ scenario.
UK agriculture tariff-rate quotas in the event of a 'no deal' Brexit
The UK and EU intend to 'split' existing agriculture WTO tariff-rate quotas (TRQs) between the UK and EU-27 post-Brexit. This will include Australia's country specific quotas for beef, buffalo, sheep and goat meat, cheese, sugar and rice.
The Australian Government is engaging with the UK and the EU to ensure that the proposed 'splits' do not leave Australian exporters at a commercial disadvantage. The Australian Government continues to consult closely with affected industries.
The Department of Agriculture and Water Resources is progressing potential changes to the administration of the EU TRQs for which Australia manages (beef, sheep and goat meat and dairy), to prepare for a 'no deal' Brexit. More information on export quotas can be found on the Department of Agriculture and Water Resources website.
What does Brexit mean for business?
There will be no changes to the rules covering our trade and investment interests and people-to-people ties with the UK and EU while the UK remains within the EU, or during the expected transition period should the UK Parliament pass the Brexit Withdrawal Agreement.
The Australian Government is continuing to liaise closely with the UK and the EU, to identify future implications for Australian businesses operating in, or trading with, the UK and/or Europe.
This includes contingency planning in the event that the UK leaves the EU in a 'no deal' scenario. The UK government has been implementing a significant programme of work to ensure the UK will be ready in all eventualities.
As announced by UK Prime Minister May on 18 July 2018, this includes the iterative release of a series of Technical Notices, to minimise disruption and ensure the smooth operations of business, infrastructure and public services in a 'no deal' scenario.
These technical notices and regular updates are available through the Department for Exiting the European Union. They include information on a range of key topics, including (but not limited to) importing and exporting; product labelling and product safety; travelling between the UK and the EU; taxation; regulation of medicines and medical equipment; workplace rights; and on nuclear research. The intention of this guidance is to set out information to allow businesses and individuals to understand what they would need to do in a 'no deal' scenario.
The European Commission and the EU Member States also continue work on preparedness for the consequences of the UK's withdrawal, taking into account all possible outcomes. These Preparedness Notices set out the consequences of the withdrawal of the UK from the European Union without a formal, ratified agreement. On 19 December 2018, the EU released "Implementing the Commission's Contingency Action Plan [PDF]" including measures in a number of areas where a 'no-deal' scenario would create major disruption for citizens and businesses in the EU27.
What do I need to do to prepare for Brexit?
Australian businesses and individuals should consider how Brexit could affect them, and may want to begin taking steps to mitigate against any risks.
As part of considering the potential impacts, businesses should take account of the volume of their trade with the UK and the EU and any potential supply chain impacts. Businesses should begin to look at the guidance for importing to and exporting from the UK and the EU contained in the abovementioned links and to familiarise themselves with key processes. Individuals should also consider how a 'no deal' scenario could affect them, in regard to residency, education and employment – depending on their circumstances.
Australian businesses and individuals should consider whether it is appropriate for them to acquire legal advice and/or engage a migration agent, customs broker, freight forwarder or logistics provider, to support them in preparing for all eventualities, including 'no deal'.
The HM Revenue and Customs' guidance is designed to help businesses prepare for the possibility of the UK leaving the EU without a deal. The information focuses on how VAT, Customs and Excise could be affected and includes information split by topic and audience.
If your business has a commercial presence in an EU member state, it may be useful to check the EU Commission's Brexit Customs Guide for businesses. You can also use the EU Commission's Brexit Trader Checklist if your business is based in an EU member state and trades with or moves goods through the UK.
Further guidance for business is available on the Austrade website and on the UK's EU Exit website, which provides guidance for businesses, individuals, and people living in both the UK and EU.
Are there any implications for Australians seeking to live and work in the UK?
The UK Government has made clear its intention to retake control over its immigration policy when it departs the EU. On 19 December 2018, the UK released details of its future skills-based immigration system, setting out the government's plans to introduce a new single immigration system, ending free movement between the UK and EU.
Australian ministers have impressed upon their UK counterparts the importance of ensuring any prospective visa changes do not negatively impact the strong economic and people-to-people links between Australia and the UK.
DFAT has also issued advice on Smartraveller for Australians wanting to travel to the UK.
Will dual nationals with Australian and British passports still be able to live and work in the EU?
Nothing will change in the short term for British passport-holders living, working, and travelling in the EU. This includes Anglo-Australian dual nationals. Whether this state of affairs will continue in the future will depend upon the outcome of negotiations between the UK and the EU.
As a result, Australian individuals should consider how a 'no deal' scenario could affect them personally, and may want to begin taking steps to mitigate against risks, however unlikely. Australians who plan to continue living in the UK after it leaves the EU can use the UK's visa and immigration tool to seek guidance on visa status and rights to stay. The UK Government's EU Exit website also includes specific up-to-date guidance including on travel, residency and employment.
Australian citizens should begin to look at the guidance issued by the UK (available through the Department for Exiting the European Union) and the EU in relation to a range of issues which could affect them in regard to residency, travel, education and employment, depending on their circumstances. These include (but not limited to) modes of travel between the UK and the EU, including by air, sea, rail, coach and/or car; travel between the UK and Ireland; changes to airport security; passports and visas; drivers licences and international driving permits; vehicle insurance; pets and horses; mobile phone contracts and mobile roaming; importing and exporting; VAT; banking and other financial services; and family law and other civil law issues.
The EU and UK will continue to periodically issue further guidance in relation to Brexit. Australians should consider signing up to email notification services provided by the UK government and by the European Commission to keep updated on issues directly relevant to them.
Australian individuals should contact their service provider directly to ascertain if and when there will be changes to contracts and/or consumer services provided as a result of Brexit. Australians should also consider whether it is appropriate for them to acquire legal advice and/or engage a migration agent, insurance broker, or other type of consultant to support them in preparing for all eventualities, including 'no deal'.
Has the UK's decision to leave the EU impacted Australia-EU trade negotiations?
No. Australia and the EU launched FTA negotiations on 18 June 2018. As a bloc, the EU is Australia's second largest trading partner, third largest export destination, and second largest services market. The EU was Australia's largest source of foreign investment in 2017. Australia is seeking an ambitious and comprehensive FTA with the EU to drive Australian exports, economic growth and job creation.
Further information on the Australia-EU FTA negotiations
What progress has been made in negotiations between the UK and EU?
On 10 April 2019, the European Council granted the UK a Brexit deadline extension until no later than 31 October, 2019. A 'no deal' Brexit remains the default option in the absence of a Withdrawal Agreement or additional extension approved by the UK and EU Parliaments.
Brexit negotiations have been ongoing since June 2017. In November 2018 the UK and EU announced that negotiating teams had reached agreement in principle on the Withdrawal Agreement [PDF]. The proposed treaty sets out the terms of the UK's exit from the European Union, including a Protocol on Northern Ireland. The proposed treaty provides for, among other elements, a transition period for the UK until the end of 2020, which can be extended for an unspecified one-off period set by mutual agreement; the rights of nationals in each other's territory before the end of the transition period; and a proposed structure for the settlement of disputes.
The Withdrawal Agreement will require implementing legislation in the UK and the EU. Further detail is available in the Explainer on the Withdrawal Agreement [PDF] and the Technical Explanatory Note on the Northern Ireland Protocol [PDF] released by the UK on 14 November 2018.
The UK and EU also agreed to a Political Declaration on the future EU-UK relationship, setting out the broad structure, scope and objectives for the UK's future partnership with the EU. This future relationship, which will not be finalised until after the UK's exit from the EU, will be implemented as necessary in separate legislation.
A timeline of the process, including subsequent developments regarding extensions of Article 50, is available on the European Council website.
Can Australia begin FTA negotiations with UK?
Australia and the UK are committed to negotiating an Australia-UK FTA as soon as the UK is in a position to do so.
DFAT will continue to update this webpage as further information is provided by the UK government and the European Commission. The material on this website is a summary only of the subject matter covered and does not necessarily reflect the views of the Australian Government or DFAT. It is not intended to be, nor should it be relied on, as a substitute for legal or other professional advice. Users should obtain any appropriate professional advice relevant to their particular circumstances.