EU & YOU:
Supplementary information from Headquarters British Forces Germany on how a no-deal BREXIT could affect you during your posting in Germany and once you rebase. Version 1
Note from Commander BFG
Brigadier Richard Clements Commander British Forces Germany
elcome to your guide to BREXIT. Delivering a deal negotiated with the EU remains the Government’s top priority. This has not changed. However, the Government must prepare for every eventuality, including a no deal scenario. There is now limited time remaining before 29th March 2019, so I want to highlight a number of areas that could change if there is a no-deal BREXIT. The UK Government’s official advice can be found through the gov.uk website, and this booklet is designed to make the points raised on there just a little clearer to help you understand the implications. As I said at the start, the Government continues to work on negotiating a withdrawal agreement with the EU and HQ BFG remains closely engaged with the MOD, that in turn is working with other Government Departments to resolve issues. Most of our rights and privileges stem from the NATO SOFA and the Supplimentary Agreement, though some changes to our ways of working will be needed as a result of leaving the EU. This advice is directed at the BFG community and those supported by BFG in isolated detachments. Please continue to keep yourself up to date with the developments. www.facebook.com/BFGnet
www.bfgnet.de
CONTENTS
Customs Immigration Travelling in Europe Driving Licences Vehicle Insurance Pets Healthcare Kindergeld German Unemployment Benefit Foreign & Commonwealth Citizens CHECKLIST
https://euexit.campaign.gov.uk
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customs: privately owned goods, firearms and vehicles Members of the BFG Community will be subject to different rules governing the movement of vehicles and goods if the UK leaves the European Union (EU) on 29th March 2019 without a deal. The rules are still being discussed with HMRC. Transfer of Residence Relief and Returned Goods Relief – The Differences When the UK leaves the EU, the rules on the movement of goods to the UK from the EU will change. As a result, import VAT and customs duty could be due on goods and vehicles brought back into the UK from EU member states. Certain exemptions will be available, as with current imports of vehicles from non-EU countries. There are two exemptions that will apply to the BFG Community rebasing in Summer 2019. The first is Returned Goods Relief (RGR) for goods and vehicles that were purchased (tax paid) in the UK before you were posted to Germany. This means you will not be subject to further taxation on these items when returning to the UK. To claim RGR you must be able to provide evidence to HMRC that VAT was paid in the UK. The second exemption is Transfer of Residence Relief (ToR), and is explained below. Transfer of Residence Restrictions and Waivers If you intend to claim Transfer of Residence Relief for vehicles purchased tax free and exported in the UK, the following conditions would usually apply: • You must have been in Germany for a minimum of 12 months • The goods or vehicle must have been in your possession for a minimum of 6 months • You have to retain ownership of the goods or vehicle in the UK for further 12 months following your return to the UK no matter what age your car is at the time of export. However, if you are returning to the UK between 30th March 2019 and 30th September 2019 as part of the Army Rebasing Programme, HMRC has agreed to waive the 12 month residency abroad and 6 month possession rules for tax free goods and vehicles. This means that you will be able to take back tax free possessions that are less than six months old, but you will still be required to keep them for 12 months after you return to the UK. Exchanging Vehicles Before Posting to the UK It is important to note that the above exemptions only apply when you are permanently returning to the UK. Any items imported to the UK before your return will be subject to the standard HMRC import rules. This is important for anybody who wishes to sell or exchange a tax free vehicle after 29th March 2019 as you may be liable to repay both tax and duty, which is currently 30% of the price paid.* This includes using an existing vehicle as partexchange for a new vehicle. * 30% price paid is made up of 10% import tax and 20% VAT
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START
Are you leaving Germany after BREXIT and have one or more cars?
Returning to the UK?
S YE
Is my car tax paid?
NO Returning to UK before 30th September 2019?
NO You must have owned your car in Germany for at least 6 months
NO Apply for BFG F38U at least 28 days before departure
at least 3 months prior to departure if possible
Apply to HMRC for Transfer of Residence (TOR1)
Conduct Rest of World Registration Process for where you are moving to
End
Apply to HMRC for Returned Goods Relief
Register vehicle with DVLA
Register vehicle with DVLA
BFG NOVA 1 is the permission to transfer vehicle to the UK
Apply for BFG NOVA 1 at least 28 days before departure
EU Exit: vehicle flowchart YES
YES
Apply for BFG NOVA 1 at least 28 days before departure BFG NOVA 1 is the permission to transfer vehicle to the UK
Apply for BFG NOVA 1 at least 28 days before departure BFG NOVA 1 is the permission to transfer vehicle to the UK
Register vehicle with DVLA
You must retain possession for 12 months after returning to the UK
or you will be liable for tax and duty (30% of paid price)
You must retain possession for 12 months after returning to the UK
or you will be liable for tax and duty (30% of paid price)
End
End
End
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What does this mean? If you are planning to sell or exchange your current tax free car after 29th March 2019 and before you rebase in the summer, you may be liable to pay tax and duty at about 30% of the price paid on your current car, in the event of a no-deal BREXIT. If you are rebasing after 30th September 2019, you may be liable to pay tax and duty (approx. 30%) on new cars that are less than 6 months old.
customs: dutiable goods Dutiable Goods Once the UK has left the European Union (EU), BFG will revert to pre-single market allowances for assignment. This means the amount of dutiable goods that our host nation permits SOFA entitled individuals to import and export monthly. These are:
Item Cigarettes Other tobacco Spirits Wine and beer Coffee Pure coffee extract Mixed coffee extract
Import (into Germany) Export (Duty Free, i.e. From Germany/EU to UK) 200 600 250g 500g 2 litres 10 litres 2 litres 90 litres 500g 500g 125g 125g 250g 125g
This does not change your monthly entitlement to purchase these items at the NAAFI using your ration card.
If you have any questions regarding customs and/or car tax, please submit them to the C&I group mailbox: BFG-HQ-C&I-0GpMailbox@mod.gov.uk 5
immigration For UK nationals in the EU The Withdrawal Agreement protects the rights of around one million UK nationals in the European Union (EU) and over three million EU citizens in the UK, so they can continue living their lives broadly as they do now. In the unlikely event of a no-deal scenario, the Prime Minister has said that EU nationals living in the UK will be able to stay. The Government is urging the EU and all its Member States to give UK nationals in the EU the same reassurances. We expect central further guidance to be published and will share this with you when it becomes available. For EU nationals In line with the draft Withdrawal Agreement, if you are an EU citizen and want to stay in the UK beyond 31st December 2020, you and your family members will need to apply to the EU Settlement Scheme. The EU Settlement Scheme allows you and your family members to continue to live, work and study in the UK. It means you continue to be eligible for: • Public services, such as healthcare and schools • Public funds and pensions • British citizenship, if you want to apply and meet the requirements Please read the EU Settlement Scheme overview, the information on what the application entails, and a glossary of key terms, which can be found on the gov.uk website. This information was taken from the internal Defence Net, published 16th January 2019
What should you do? If you are an EU citizen and want to stay in the UK beyond 31st December 2020, you and your family members will need to apply to the EU Settlement Scheme. If you have any questions regarding immigration, you should go direct to your Unit Welfare Offices. 6
travelling in europe
For a c ompre h list of all EU ensive a n countr d EEA ie www. s please vis gov.u it k/eueea
The Schengen area The Schengen area consists of 26 European states that have officially abolished passport and all other types of border control at their mutual borders. The rules for travel within this area will change if the UK leaves the European Union (EU) without an exit deal and will apply to all UK passport holders in BFG when they travel from Germany though the Schengen area. After 29th March 2019 you will need at least 6 months left on your passport from the date you arrive in the Schengen area. This applies to both adult and child passports. Please ensure that you are familiar with the rules that apply to the specific countries you are planning to visit. Travel to non-Schengen EU countries Please note that Bulgaria, Croatia, Cyprus, Ireland and Romania are not in the Schengen area. You should check the entry requirements for these countries before you travel. SOFA Status All personnel and dependants in BFG holding SOFA status will be required to have a Status of Forces Agreement (SOFA) stamp in their passport. This is already standard practice for non-EU/nonEuropean Economic Area (EEA) personnel. Regardless of a no-deal BREXIT or not, HQ BFG intends to issue all personnel and dependants with a SOFA Stamp in their passport as prudent planning.
What should you do? HQ BFG will visit units and issue SOFA Stamps to all UK passport holders. You will be notified through your Chain of Command where and when you need to go. Please make every effort to do this as there are 8,500 to complete! Also, if travelling within the Schengen area your passport must have at least 6 months - from your arrival date - left before expiry. 7
driving licences International Driving Permit From 29th March 2019, drivers holding a UK Driving Licence will need extra documentation to drive in the European Union (EU) and European Economic Area (EEA). When driving in Germany, UK Licence holders can use their licence under the SOFA privileges, while also carrying ID. In the event that the UK leaves the EU without a deal, UK drivers may also need an International Driving Permit (IDP) to drive in the EU and EEA. An IDP is a document which when carried with your driving licence means you would be able to drive outside of the UK including in EU countries. There are different types of IDP; which one you need depends on which country you are driving in. There are 2 types of IDP required by EU countries. Each is governed by a separate United Nations convention: • One type is governed by the 1949 Geneva Convention on Road Traffic. • The other type is governed by the 1968 Vienna Convention on Road Traffic. The version of the IDP you would require depends on which EU country you are visiting and whether it is party to the 1949 or the 1968 convention. If there is a no-deal BREXIT, from the 29th March 2019 you will need a new 1968 IDP to drive in the following EU and EEA countries: Austria Estonia Italy Poland
Belgium Finland Latvia Portugal
Bulgaria France Lithuania Romania
Croatia Germany * Luxembourg Slovakia
Czech Republic Greece Netherlands Slovenia
Denmark Hungary Norway Sweden
and you will need a new 1949 IDP to drive in the following EU and EEA countries: Cyprus
Iceland
Malta
Spain
* This information was extracted from the gov.uk website, but due to our SOFA privileges, BFG personnel and dependants can drive in Germany with their UK driving licence and BFG identity card.
You may be turned away at the border or face other enforcement action (e.g. fines) if you don’t have the correct IDP.
What should you do? For travel in certain EU countries you will need to get an IDP - in Germany you will need to carry ID, due to the SOFA privileges we hold.
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Getting an International Driving Permit From the 1st February 2019, there will be a significant increase in the number of British Post Offices issuing IDPs. We are currently exploring whether BFPOs will be authorised to issue these to the BFG community. Please check www.postoffice.co.uk/international-driving-permit for further details. International Driving Permits cost £5.50 and in order to maintain one you must: • be a GB or Northern Ireland resident • have passed your driving test • be 18 or over BFG is monitoring this situation regarding obtaining an IDP and will provide you with the relevant information as soon as it is available. Staying in Germany If you are planning to remain in Germany, you will not be able to exchange your driving licence without taking a host nation driving test after 29th March 2019. Please apply to exchange your driving licence as soon as you can to make sure you get your German one before 29th March 2019.
vehicle insurance If the UK leaves the EU on 29th March 2019 with no deal in place regarding the implementation period and future arrangements, access to the Green Card-free circulation area will cease. This would mean that UK motorists would need to carry a Green Card as proof of third party motor insurance cover when driving in the EU, EEA, Andorra, Serbia and Switzerland. The Green Card is an international certificate of insurance issued by insurance providers, guaranteeing that motorists have the necessary third-party motor insurance cover to travel in the country being travelled to. All certificates have the same format, are green in colour, and list the countries for which the motorist’s insurance policy is valid. You should ensure that you have a green card issued by your policy provider and that you are familiar with the countries you are insured to drive in.
Green Card
What should you do? Ask your insurance company for a Green Card to drive in the EU, EEA, Andorra, Serbia and Switzerland.
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pets If there is a no-deal BREXIT, pet passports issued in the UK will not be valid for travel to the EU. Travel to the UK There will be no change to the current requirements for pets entering the UK from the EU (European Union) after 29th March 2019, including the necessary Tapeworm treatments. Your pet must have one of the following documents when returning to the UK: • an existing EU pet passport (both for UK and EU citizens) • the EU health certificate issued in the UK used to travel to the EU (issued by an Official Veterinarian) • a UK pet health certificate (issued outside the UK for travel into the UK only) Check the routes before you travel. On existing approved routes your documents and microchip will be checked. If you’re not travelling on an approved route, talk to your vet about what preparations you need to make before travel. Pet travel to Europe The rules for taking and returning your pet to any EU country will change if the UK leaves the EU with no deal. To allow effective contingency planning in the worst case scenario, you’ll need to take the following steps to make sure your pet can travel into the EU after 29th March 2019: 1. You must get your dog, cat or ferret microchipped and then vaccinated against rabies before it can travel. Your pet must have a blood sample taken at least 30 days after the rabies vaccination. You’ll need to talk to your vet about whether you need a rabies vaccination or booster before this test. 2. Your vet must send the blood sample to an EU-approved blood testing laboratory. 3. The results of the blood test must show that the vaccination was successful (Your pet must have a rabies antibody level of at least 0.5 IU/ml). 4. You must wait 3 months from the date the successful blood sample was taken before you travel. 5. You must take your pet to an Official Veterinarian no more than 10 days before travel to get a health certificate.
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What should you do? To make sure your pet is able to travel from the UK to the EU after 29th March 2019 in any scenario, you should contact your vet at least 4 months (NOW) before travelling to get the latest advice, and make sure you have a valid EU Pet passport.
healthcare Your access to healthcare in Germany under BFGHS provision will not be affected by the terms of the UK’s exit from the European Union (EU) as this is agreed within the SOFA Agreement. However, in the event of a no-deal BREXIT, UK citizens’ rights to healthcare provision provided under the European Health Insurance Card (EHIC) will cease on 29th March 2019. You will therefore need medical insurance when travelling outside of Germany, with suitable emergency cover as required. Anybody with pre-existing conditions e.g. diabetes, heart disease or cancer, may need to investigate specialist insurance.
What should you do? You will need to organise health insurance for when you travel outside of Germany after 29th March 2019.
KINDERGELD ‘Kindergeld’ (children money) is the German equivalent of UK Child Benefit and is paid each month to any eligible husband or wife within the BFG community. Eligibility for Kindergeld is granted based on the UK’s membership of the EU and not under the SOFA agreement. Therefore, Kindergeld payments will cease with effect of 29th March 2019 if we leave the EU with a no-deal BREXIT.
german unemployment benefit It is not yet clear if UK citizens residing in Germany will be eligible to register and claim benefits. This will be dependent upon the arrangements that have yet to be put in place between the UK and German Governments.
Foreign & Commonwealth Citizens
The changes detailed in this booklet will apply to EU citizens in the event of a no-deal BREXIT and will generally not be applicable to Foreign & Commonwealth citizens. We do not foresee changes to the processes you currently follow but please stay up to date and contact your Unit Welfare Office if you have any queries.
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checklist Section Immigration
Travelling in Europe
Driving Licences Vehicle Insurance
Pets
Healthcare
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Task Done? If you are an EU citizen and want to stay in the UK beyond 31st December 2020, you and your family members will need to apply to the EU Settlement Scheme. If travelling within the Schengen area, your passport
must have at least 6 months - from your arrival date - left before expiry. HQ BFG will visit units and issue SOFA Stamps to all UK passport holders. You will be notified through your chain of command where and when you need to go. Please make every effort to do this as there are 8,500 to complete!
For travel in certain EU countries you will need to get an IDP - in Germany you will need to carry ID. Ask your insurance company for a Green Card to drive in the EU, EEA, Andorra, Serbia and Switzerland. For the latest advice, contact your vet at least 4 months (NOW) before travelling. Make sure you have an EU pet passport for travel to the UK after 29th March 2019. You will need to organise health insurance for when you travel outside of Germany after 29th March 2019. This information was correct as of 11th February 2019