Fisheries and aquaculture

International
18 September 2018 - Stefaan Kindt

Fisheries and aquaculture

Why does Brexit matter for you?

The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) ('the withdrawal date'). The United Kingdom will then become a 'third country'.

If no withdrawal agreement is in place on 30 March 2019 the EU Treaties will cease to apply to the UK. It is understood that, should there be "no deal", there will be no transition period and EU law (in particular, the Single Market) will cease to apply to the UK/EU relationship from that date.

Preparing for the withdrawal is not just a matter for EU and national authorities, but also for private parties. As the British government publishes a series of technical notices outlining how businesses should prepare in the event of a no-deal it is becoming more and more clear that a “no deal” scenario will have many unwanted and adverse effects on companies in the UK.

In case of a hard Brexit, what will change?

In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, operators carrying out fishing activities and any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fishery and aquaculture products are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, the Common fisheries policy rules no longer apply to the United Kingdom.

In accordance with international law of the sea, fishing vessels wishing to engage in fishing activities in waters under the sovereignty or jurisdiction of a third country are required to obtain a fishing authorisation from that third country. Access by third country vessels to Union waters is subject to the authorisation issued by the European Commission in accordance with Articles 32 to 34 of Regulation (EU) 2017/2403 and provided they comply with the other requirements in that Title, notably Article 38 of Council Regulation (EU) 2017/2403, which sets the rules on control and enforcement measures for fishing activities within Union waters of fishing vessels flying the flag of a third country. As of the withdrawal date, these rules will apply to United Kingdom fishing vessels wishing to engage in fishing activities in Union waters.

 

How can we help you?

Our specialists are ready to guide your company through the swamp of regulatory issues in a post-Brexit landscape.

We provide advice on incorporating a company in Belgium in case you need to relocate or in case you need a EU – based company to continue your business.

Belgian government is working on creating an entrepreneur-friendly environment: corporate tax rate has been decreased to 29% and will further be lowered to 25% in 2020. SMEs will benefit a decrease in the rate to 20% (on the first tranche of 100.000 Euro), corporate law will be reformed by 2019 and provides more flexible corporate entities and less strenuous formalities.

Belgium is ideally positioned at the heart of Europe to continue your activities on the mainland.

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Stefaan Kindt

Managing Director Alaska Kortrijk-Ieper Managing Director Alaska ESV
+32 (0)56 22 26 02
+32 (0)475 74 85 08

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