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Technical Guidance

The UK has left the EU.

A transition period began 31 January and will end 31 December 2020.

During the transition period existing rules and arrangements remain in place, enabling business to trade with Europe in the same way they did prior to the UK leaving the EU.

The Isle of Man's relationship with the EU after the transition period will be dependent on the agreement on the future relationship reached between the UK and the EU.

The UK Government is constantly updating their website to help UK businesses and citizens prepare for the end of the transition period.

The Isle of Man Cabinet Office and the relevant government departments have reviewed these webpages and added a summary to explain their relevance for the Isle of Man.

Use the categories below to find out what you need to do to prepare for the end of the transition period.

Overview

Overview 
Technical GuidanceImplications for the Isle of Man
UK Government's preparations for 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. You can learn more about the new rules being implemented in the UK from January 2021 on the UK government website. Some but not all of these new rules will apply to the Isle of Man. The Isle of Man Government has been working with the UK government since the referendum to ensure that the Island is prepared for the end of the transition period.

Farming and Fishing

Farming and Fishing
Technical GuidanceImplications for the Isle of Man
Breeding animals In the event of a no-deal exit, UK and Isle of Man-recognised breed societies and operations involved in the trade and movement of purebred livestock, semen and embryos would no longer be recognised societies or operations in the EU.

Initially, the UK and Isle of Man would still recognise EU breed societies and operations. Existing EU legislation allows for trade with third country breed societies and operations.

If the UK or Isle of Man breed societies or operations meet certain EU requirements they should be treated as a listed third-country breeding body by the EU. This would allow them to enter pedigree breeding animals into equivalent EU breeding books or registers as they can now, provided the animals are accompanied by a zootechnical certificate in accordance with existing EU legislation.

If you’re an officially recognised Isle of Man breed society that needs to become third country listed, contact the Agricultural Directorate at DEFA: Agriculture@gov.im

Developing Genetically Modified Organisms (GMOs) The Isle of Man’s Genetically Modified Organisms Act (2001) prohibits the import into the Island of any GMO and gives the Department of Environment, Food and Agriculture the power to make regulations in this area.

While the Isle of Man could potentially therefore diverge from the UK in this area, this would require careful consideration of the full implications.
Commercial fishing

When the transition period comes to an end on 1 January 2021, the UK will no longer be subject to the EU Common Fisheries Policy and, therefore, certain aspects of the Fisheries Management Agreement 2012 will no longer be relevant. The need to review existing Fisheries Management Agreements between the UK and the Crown Dependencies has been acknowledged in the UK’s Fisheries White Paper and the Isle of Man is in discussions with the UK on this matter.

During the transition period, there will be no change to the access rights of Manx vessels to fish in UK waters. The provisions of the London Fisheries Convention 1964 have been preserved via a Note Verbale for the duration of the transition period. At present it is unclear what access arrangements will be in place for Manx vessels fishing in EU waters or EU vessels fishing in Manx waters beyond the end of the transition period.

To ensure continued trade with the EU, it will be essential for all Isle of Man fisheries processors to comply with the EU requirements for food marketing and labelling. Information on this can be found here

The Isle of Man is working closely with the UK on the development of IT systems to facilitate ongoing trade including Catch Certificates which will be necessary for the export and import of certain fisheries products to and from the EU post-Brexit.

For more information please visit http://www.gov.im/iomfisherieseuexit or contact fisheries@gov.im

Plant variety rights and marketing of seed and propagating material

This page outlines what plant breeders and businesses that trade in seeds and propagating material with the EU will need to do to apply for plant variety rights and marker plant reproductive material, seeds and other propagating material from 1 January 2021.

The Isle of Man has legislation in place to protect growers who might wish to obtain intellectual property rights in respect of plant varieties.

Trading with the EU to Import, export and customs for businesses

Trading with the EU to Import, export and customs for businesses
Technical GuidanceImplications for the Isle of Man
Trading with the EU

This page provides links to all things relating to Import, Export and Customs for business in the United Kingdom.

For Isle of Man specific advice visit Isle of Man Customs and Excise website.

Exporting controlled goods

This guidance relates to a specialised area of trade, which businesses on the Island have very little involvement with. As the page makes clear, these goods will require licences in order to be traded with the EU.

For individuals, for example someone moving firearms across borders in order to attend shooting competitions, the current system of temporary export of firearms used for the rest of the world will extend to include EU countries.

Any individual using this will also need to confirm that the destination country will permit re-export to allow them to bring the firearm back to the Island after the competition.

Importing and exporting plants

This guidance sets out how businesses and individuals can trade in plants and plant products with countries within and outside the EU from 1 January 2021. The Isle of Man does not currently export any materials that would have been part of the EU plant passport regime, as such, the Isle of Man will not be affected by changes in the way these goods are exported to the EU.

In respect of imports of plants and plant products from the EU, this guidance outlines the UK’s intended approach and the Isle of Man will work with the UK to ensure a joined up approach between our jurisdictions.

For more information for Isle of Man Importers and Exporters of plants visit this page.

Exporting animals and animal products

Exporting animals and animal products: In order to transport animals and animal products from the UK and Isle of Man from 1 January 2021, you will need an Export Health Certificate (EHC), and to get your goods checked at border control posts (BCP) in the first European country that they arrive to.

For more information for Isle of Man Importers and Exporters of live animals and products of Animal origin visit this page

Importing animals and animal products:  From 1 January 2021, the UK and Isle of Man will no longer have access to the EU’s import system TRACES (Trade Control and Expert Systems), instead you will need to use the UK’s new Import of products, animals, food and feed system (IPAFFS). Health certificates and other documentation are being reviews and further guidance will follow.

Importers would be required to notify the UK (or Isle of Man if appropriate) authorities using the new import system and would be directed to an existing UK (Border Control Post) BCP where relevant checks would take place.

Live animal imports to the Isle of Man direct from third Countries will continue to be prohibited.

Importers of high risk food from the EU would be required to notify the UK Food Standards Agency (FSA) of all imports, using the new import notification system. Notifications would be made electronically in advance and would be managed by the FSA. Further details relating to this system are due to be released by the FSA.

High risk foods imported from third countries would need to be notified as above and would then be directed to an existing UK BIP where relevant checks would take place. It is not envisaged that high risk foods and animal feed will be permitted to be imported directly to the Isle of Man.

International Road Haulage This page offers guidance on operating licences and permits needed to operate gross vehicle weight vehicles above 3.5 tonnes on international journeys from the UK.
Export and import of hazardous chemicals This page concerns the export and import of Hazardous Chemicals Regulation. There is no Isle of Man equivalent to this legislation.

The Isle of Man is discussing how the import and export of hazardous chemicals will be regulated from 1 January 2021.

Exporting objects of cultural interest This notice relates to circumstances under which licences are required for the export of ‘objects of cultural interest.’ The EU Regulation relating to objects of cultural interest that applies in the UK does not apply to the Isle of Man.

the legislation that currently controls the export of cultural objects from the Isle of Man is:
  • The Export of Objects of Cultural Interest (Control) Order 2003 (as applied in the Island by the Export of Goods Etc. (Control) (Application) Order 2004); and
  • The Customs and Excise Acts (Dealing in Cultural Objects) (Application) Order 2004, which applied a UK Act, the Dealing in Cultural Objects (Offences) Act 2003, but only those provisions concerned with import and export offences.
The Customs and Excise Division of the Treasury is responsible for the issuing of export licences in relation to cultural objects; however, cultural items of a Manx interest may also be subject to a requirement for a licence from Manx National Heritage (MNH) under section 21 of the Manx Museum and National Trust Act 1959.

Items exported with a United Kingdom cultural interest may also require an export licence issued by Arts Council England (ACE).

The Customs and Excise Division may consult both ACE and MNH on matters concerned with export controls on cultural objects.

The Isle of Man Government will ensure that the provisions governing export controls on cultural objects correspond with those in UK law. However, as the EU Regulation does not apply to the Island, there is less impact for cultural objects of Manx interest, as these do not require an EU licence currently.

Labelling Products and Making Them Safe

Labelling Products and Making Them Safe
Technical GuidanceImplications for the Isle of Man
European Firearms Pass The EFP is a form of passport for firearms and is designed for use by those who are travelling with their firearms between EU countries. EFPs are issued by the EU country in which a firearm owner is resident.

The European Directive concerning the EFP does not apply on the Isle of Man. At present, transfers of firearms to and from EU member states and the Isle of Man do not require an EFP and therefore no change is anticipated for Island residents. 
Classifying, labelling and packaging chemicals Currently, the Classification, Labelling and Packaging of substances etc. Regulations (CLP) require manufacturers and importers to notify details of their substance classifications to the European Chemicals Agency (ECHA). There is no IOM equivalent to this legislation.

The post-October 2019 proposal is that the UK establishes a standalone chemicals regime to replace the ECHA arrangements administered through the EU. This would mean companies in the UK dealing with the UK’s Health and Safety Executive (HSE) instead of the ECHA.

The UK scheme would be based on the existing EU regulatory regime in order to provide continuity for UK businesses. The UK’s HSE would act as the CLP competent authority for the UK and they would require companies to use their new UK arrangements and IT tools.

Food

Food

Technical Guidance

Implications for the Isle of Man

Health marks on meat, fish and dairy products

This notice explains what health and identification marks on meat, fish and dairy products will look like in a no-deal exit.

Premises on the Isle of Man producing meat, fish or dairy products for export off-Island must be approved under Regulation (EC) 853/2004 which is enforced on the Island by DEFA.

All produce from approved premises must carry the appropriate health or identification mark. Health or identification marks are currently oval in shape and state that it is produced in the EU, that it is from the Isle of Man, and carries a unique approval number.

After the UK’s withdrawal from the EU, the UK (and the Isle of Man) will no longer be entitled to use the EU abbreviation. In order to maintain trade with EU countries, any new health mark would have to meet EU ‘third country requirements’ and as a minimum the EU abbreviation would have to be removed.

The Department for Environment Food and Agriculture has published guidance on a new set Health and identification marks that will be used after Brexit. These can be found /media/1364579/2019-09-04-health-and-identification-marks-guidance-with-examples-final-version.pdf

Food Labelling

Labelling provisions are set out primarily in the EU Regulation 1169/2011, certain provisions of which are enforced in the Isle of Man by the Food Information Regulations 2014. Compositional standards for certain foods (e.g. honey, chocolate products, jam) are also set out in corresponding Isle of Man Regulations.

After exit, EU based provisions will be rolled over as part of the European Union and Trade Act 2019 and specific national rules would remain unchanged.

Use of the term EU in origin labelling would no longer be correct for food/ingredients from UK or the Isle of Man. Products sold in the EU would need to provide an address for the responsible business or importer into the EU, in one of the remaining EU member states. An Isle of Man address alone will not be sufficient for products produced in the Isle of Man and sold in the EU.

Natural Mineral Waters currently recognised in the UK, as stipulated in EU Directive 2009/54/EC, may no longer be accepted in the EU and producers wishing to export natural mineral water to the EU may need to be prepared to apply for recognition of their water through an EU member state. Currently there are no businesses based on the Isle of Man which export natural mineral water into the EU market. In the future, new legislation may be required to facilitate this, should demand arise.

Trading and Labelling Organic Food

Currently, there are no businesses based on the Isle of Man which export organic food into the EU market.

Post-exit, new legislation may be required to facilitate this should demand arise.

Protecting geographical food and drink names

This notice informs UK producers about what might happen to Geographical Indication (GI) protection, and action they may wish to consider taking, should the UK leave the EU without a deal.

Applications for GI protection in respect of Manx produce are currently made through the UK, to the European Commission. There are two Manx GIs at present, for Isle of Man Queen Scallops and Manx Loaghtan Lamb.

Currently the UK is seeking to ensure the UK GIs (including those in the IOM) registered under current EU schemes will continue to enjoy protections in the EU, however, this remains subject to negotiations. The UK is also working towards creating its own register and Scheme for future protection.

In the event of a no deal Brexit, the IOM will not automatically be able to seek registration of any new GIs under the UK Scheme. It is intended, however, that inclusion of the IOM and other Crown Dependencies in the Scheme could be progressed through legislation at some point in the future. 

Should the EU not continue to protect UK (and Isle of Man) GI products after a no deal Brexit. You’ll need to be prepared to apply to the European Commission to regain:

  • EU protection
  • the right to use the EU GI logo

You’ll need to show that your product is protected as a GI in the UK. DEFA will support Isle of Man Companies should this scenario occur.

Exporting GM food and animal feed products

After the UK’s withdrawal from the EU, any UK based businesses that are currently authorised to export GM food and feed will have to establish in the EU or have a representative who is established in the EU in order to be allowed to continue trading with EU countries.

There are currently no businesses in the Isle of Man exporting GM food or feed.

Meeting Business Regulations

Meeting Business Regulations
Technical GuidanceImplications for the Isle of Man
Isle of Man Business Checklist The Department for Enterprise have produced a useful checklist to help business prepare for Brexit.

Placing manufactured goods on the UK market

This webpage provides advice for manufactures who will be placing goods onto the UK Market from 1 January 2021. It advises that a UKCA (UK Conformity Assessed) marking will be needed for certain goods placed on the UK Market. CE markings will continue to be accepted in the UK for a time limited period.

The webpage advises that if you have already placed your goods on the UK market before 31 December 2019, you do not need to do anything.

Many Isle of Man based companies export into the UK, and have needed to meet UK and EU standards to do this. It continues to be the case that Manx manufactures will have to conform to the standards of the markets which they export into.

Manufactures should check, however, which conformity marking they will need to use from 1 January 2021.

Structuring your business This webpage explains how cross border business operations and European specific corporate entities will be affected from 1 January 2021.

The UK currently follows EU rules and regulations under this area of company law and reflects these mainly through its Companies Act 2006. From 1 January 2021, the UK intends to maintain the same regulatory regime as far as possible, however, the fact that the UK will no longer be a Member State means that UK companies operating in the EU and EU companies operating in the UK (and their advisers) will need to be aware of the possible changes and impacts.

The Isle of Man is already a third country for these purposes (i.e. in relation to any Isle of Man businesses operating in EU Member States and vice versa) and so is unlikely to be directly affected by changes which would arise.

Isle of Man professionals including CSPs/TSPs in particular may wish to take note of this notice, however, in the context of any UK and/or business structures that they service.

Placing manufactured goods on the EU market

This webpage provides advice for manufactures who will be placing goods onto the EU Market from 1 January 2021.

It advises that the results of conformity assessments carried out by UK conformity assessment bodies will no longer be recognised by the EU from 1 January 2021. This is the case even if the assessment was carried out before the UK left the EU, unless the product has already been placed on the market in an EU country.

If you are placing a good on the market that needs third-party assessment you will need to use an EU-recognised conformity assessment body.

The obligation on an Island company wishing to export goods into the EU would be the same as for any UK company. Island businesses wishing to export into the EU which use UK based agents for exports to the EU will need to find a new or additional agent based inside the EU.

There are likely to be very few businesses affected by this. The UK is the Island's largest export market and this would be unaffected.

Telecoms In the Isle of Man telecommunications is regulated by the Communications Commission through the Telecommunications Act 1984. The Commission issues licences to Island telecommunications providers. However, the Island does work with the UK regulator Ofcom on a range of matters such as telephone numbering and spectrum allocation.

The UK Wireless Telegraphy Act 2006 is extended to the Island by statutory instrument. Ofcom is therefore responsible for the licensing of spectrum in the Isle of Man and awards spectrum in consultation with the Commission. The UK's intention is that the way Ofcom carries out its functions in relation to spectrum would be essentially unchanged.

Manufacturing and marketing fertiliser The manufacturing of fertilisers does not currently take place on the Isle of Man.

Importing and marketing of fertilisers does take place on the Island and there is provision in the Fertilisers and Feeding Stuffs Act 1975 (of Tynwald) for DEFA to regulate this area with the Office of Fair Trading undertaking a sampling regime and the government analysis lab undertaking testing. Food safety legislation also contains provisions for testing residues of medicated feedstuffs in food.

Where necessary, the Isle of Man will be bringing in new secondary legislation specific to analysing and sampling to ensure that the Isle of Man's approach is consistent with that of the UK.
Satellites and space programmes This webpage specifically relates to:
  • the European satellite navigation programmes, Galileo and European Geostationary Navigation - Overlay Service (EGNOS)
  • the Copernicus Earth Observation space programme
  • the EU Space Surveillance and Tracking (EUSST) programme.

The Isle of Man was not a member of the EU, yet, has over a number of years developed a small but important space industry.

Companies which may have contracts relating to those programmes should contact the UK Space Agency info@ukspaceagency.gov.uk with any questions or concerns.

Auditing & 
Accounting

This webpage explains how companies incorporated in the UK, or where the parent company is incorporated in the UK, can comply with UK accounting and reporting requirements from 1 January 2021.

The Isle of Man is, and has been, a third country in relation to the EU for purposes of accounting regulation and audit, therefore, the principal requirements for accounting and audit (including recognition of qualifications) are governed by our own Companies Acts.

An individual is qualified for appointment as auditor of a company in the Isle of Man if the individual is a member of a recognised accountancy body. Section 14F(1)  of the Companies Act 1982 sets out the recognised accountancy bodies as

(a) the Institute of Chartered Accountants in England and Wales;
(b) the Institute of Chartered Accountants of Scotland;
(c) the Institute of Chartered Accountants in Ireland;
(d) the Association of Chartered Certified Accountants;

Furthermore, the Isle of Man Financial Services Authority (‘IOMFSA’) has the ability, under section 14E of that Act, to authorise a person as an auditor, irrespective of the qualifications listed in 14F. This power is used in only very limited circumstances.

In relation to a specific category of Isle of Man incorporated company (any that are admitted to trade on a European Union or UK “regulated market”) may undertake audit work. The IOMFSA website contains more details and a helpful flowchart.

Isle of Man accounting and other professionals including CSPs/TSPs in particular may wish to take stock of the guidance outlined on these webpages, however, in the context of any UK or EU work or structures they have an interest in.

VAT for Business

This webpage sign posts individuals and organisations to resources relevant to VAT following 1 January 2021.

The Isle of Man will not treat VAT any differently from the UK from 1 January 2021, maintaining its commitment to the Customs & Excise Agreement.

For more information on VAT, please visit see the Business Checklist following the UK’s Exit from the EU.

Travel and Immigration

Travel and Immigration
Technical GuidanceImplications for the Isle of Man
EU Settlement Scheme If you are an EU, EEA or Swiss citizen resident in the Isle of Man by 31 December 2020, you and your family can apply free of charge to the EU Settlement Scheme to protect your right to continue living in the Isle of Man after 30 June 2021. Information on how to apply here.
Travelling in the Common Travel Area This page offers information for UK and Irish citizens on their rights under the Common Travel Area arrangement (CTA).

There will be no change for British and Irish Nationals living within the Common Travel Area.

Travelling to the EU For more information regarding travelling to, and within, the EU specifically relating to: driving in the EU; vehicle insurance; traveling to the EU with your pet and travelling to the EU with a horse, then please visit our Are You Ready for 2021 Guide. Specific information relating to Passports and EU passport cover.

Work Place Rights

Work Place Rights
Technical GuidanceImplications for the Isle of Man
Workplace Rights

Manx Employment rights ultimately derive from our own domestic legislation, a summary can be found here. There will be no direct effects on the rights of persons working on the Island as a result of the end of the transition period.

Manx workers working in EU countries should check their position post-transition though it should be the case that people working in a particular country would continue to be protected under the employment law of that country.

Protecting the Environment

Protecting the Environment
Technical GuidanceImplications for the Isle of Man
Upholding environmental standards This webpage covers how the UK will uphold environmental standards from 1 January 2021. These include standards in waste, air quality, water, and protection of habitats and species.

This guidance is, however, not of direct relevance to the Isle of Man.

The Island upholds its own standards in respect of environmental issues.

Meeting climate change requirements This webpage outlines how climate change regulations, emissions trading, ecodesign and energy labelling will change in the UK from 1 January 2021.

The EU's climate change regulations did not apply to the Isle of Man, though the Island has ratified the Kyoto Protocol on climate change.

From 1 January 2021 there is not expected to be an impact on the Isle of Man, due to the UKs departure, in relation to climate change.

Regulating chemicals (REACH) The Isle of Man does not currently have an equivalent of REACH in Health and Safety legislation but works with the UK in the importation and registration of chemicals where required.

The Isle of Man Government will work with the UK to ensure continuity of our current approach, and if necessary ensure a united approach to any new UK equivalent.

Control on persistent organic pollutants This webpage outlines how the UK will continue to comply with the Stockholm Convention and the Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (CLRTAP) from 1 January 2021.

These conventions do not apply directly to the Isle of Man and no change is anticipated for the Island in this area.

Maintaining the continuity of waste shipments From 1 January 2021 the Isle of Man will be required to continue to apply the procedures laid down in the Basel Convention and OECD Decision (C (2001)107) as it does now. We have a Duly Reasoned Request DRR negotiated with DEFRA for export of waste to the UK for disposal, this will not change.

EU countries will not be allowed to export waste for disposal, or export mixed municipal waste for recovery, to the UK under EU law. The Isle of Man does not import any waste.

Regulating Biocidal products This webpage concerns the production and authorisation of Biocidal products and the placing of these products on the market.

There is currently no manufacturing of Biocidal products on the Isle of Man for domestic use or for export, but organisations do use pesticides.

Currently the UK's Health and Safety Executive (HSE) authorises Biocidal products for the UK market on behalf of the Secretary of State and the devolved administrations.

Regulating pesticides This notice concerns the production and authorisation of pesticides and placing these products on the market.

There is currently no manufacturing of Biocidal products on the Isle of Man for domestic use or for export, but organisations do use pesticides.

Currently the UK's Health and Safety Executive (HSE) authorises pesticide products for the UK market on behalf of the Secretary of State and the devolved administrations.

Trading and moving endangered species protected by CITES This webpage explains how trading in endangered species of animals, plants or products regulated under the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) would be affected if the UK leaves the EU.

The Isle of Man is presently outside of the EU's (and UK's) CITES controls. Permits are currently required for the movement of specimens between the Isle of Man and the UK or other EU countries. For more information on this please visit our Are You Ready For 2021 Guide.

Regulating Energy

Regulating Energy
Technical GuidanceImplications for the Isle of Man
Generating low-carbon electricity The Isle of Man is not eligible for UK renewable energy incentives i.e. feed-in tariffs, renewable obligation certificates or contract for difference etc. Therefore, the origin of generation of renewable energy and certification of installers is not applicable in the IOM.
Running an oil and gas business This webpage explains to businesses engaged in energy sector activities (e.g. oil and gas exploration and production operations), and companies obligated under the UK's Compulsory Stockholding of Oil regime, how these will apply should the UK leave the EU with no agreement in place.

The provisions referred to in this notice are not directly relevant to the Isle of Man.
Trading gas with the EU This webpage explains that the broad mechanisms of cross-border trading in gas are not expected to change (at least in the short-term) so there should no impact on trading arrangements between Great Britain and Ireland and therefore no impact for the Isle of Man.

Manx Utilities will, as always, continue to engage on an ongoing basis with the relevant regulatory authorities in respect of any proposals that might affect arrangements.
Trading electricity This webpage explains how cross-border trading and supply of electricity will be affected from 2021.

The Isle of Man Interconnector is a Distribution Interconnector that is fully embedded within the Great Britain network. Because it is connected to Great Britain and not an EU country, trading over the Interconnector will continue with Great Britain 'business-as-usual'.

Regulating Medicines and Medical Equipment

Regulating Medicines and Medical Equipment
Technical GuidanceImplications for the Isle of Man
Regulating medicines and medical devices

The Isle of Man has been working closely with colleagues in the Department of Health and Social Care in the UK to ensure that the supply of medicines and medical devices can continue as normal after 1 January 2021. The Isle of Man is part of the UK NHS supply chain for medicines and medical devices, and therefore the Island is included within all UK contingency planning in this area.

For specific information regarding, blood and blood product safety; medicines, medical devices and clinical trials; and quality and safety of organs, tissues and cells, please visit our Are You Ready For 2021 Guide.

Regulating Veterinary Medicines

Regulating Veterinary Medicines
Technical GuidanceImplications for the Isle of Man
Veterinary Medicines Directorate In order to follow the changes made by the UK government ready for 1 January 2021 on regulating veterinary medicines, please visit the Veterinary Medicines Directorate. This is a hub, housing explainer documents, guidance and other resources set up by the UK Government for all Veterinary Medicines Directorate's communications.

The Isle of Man is working closely with the UK to ensure access to the new systems and this will prevent any disruption in the supply of veterinary medicines to the Island. Additionally, DEFA has updated Isle of Man legislation in respect of veterinary medicine to ensure that we are in alignment with the UK ahead of 1 January 2021.

Sanctions

Sanctions
Technical GuidanceImplications for the Isle of Man
Sanctions policy

This webpage outlines how sanctions will operate from 1 January 2021.

The Isle of Man Government policy in relation to sanctions is to maintain lists of those affected by financial sanctions so that they correspond to those adopted in the United Kingdom.

Currently the Island implements and enforces sanctions regimes agreed by the UN Security Council and applies EU Regulations in relation to sanctions using the European Communities (Isle of Man) Act 1973 to ensure Island law corresponds with UK law.

It is the intention of the Isle of Man Government to make domestic legislation to ensure that the Isle of Man Government maintains the implementation of international sanctions measures in the Isle of Man in line with such measures as have effect in the United Kingdom.

Sanctions Guidance will be updated in due course on the Customs and Excise website.

Seafaring

Seafaring
Technical GuidanceImplications for the Isle of Man
Recognition of seafarer certificates of competency The situation outlined in the Technical Notice for UK seafarers holding UK Certificates is the same for Manx seafarers. The Isle of Man does not issue STCW (Standards of Training, Certification and Watchkeeping) certificates of competency. Manx Seafarers train in the UK and will therefore hold UK Certificates.

Slight differences exist in dealing with certificates issued by EU and non-EU countries.

The Isle of Man has signed individual undertakings (under the STCW convention) with individual EU states to enable the Isle of Man to issue Endorsements of Recognition (STCW 1/10) to holders of STCW certificates issued by these EU states.

The same applies to endorsements issued to seafarers recognising certificates of competency issued by non-EU countries. The Isle of Man has undertakings in place with all recognised countries.

State Aid

State Aid
Technical GuidanceImplications for the Isle of Man
State Aid

EU state aid rules only had a limited application in the Isle of Man, and any notifications which were required in respect of Isle of Man aid were made via the UK.

The Isle of Man government is working closely with the UK to confirm our obligations from 1 January 2021.

International Agreements

International Agreements
Technical GuidanceImplications for the Isle of Man
Existing free trade agreements This webpage offers guidance on trade agreements the UK has already signed.

From 1 January 2021 EU trade agreements will not apply to the UK. The UK is seeking to reproduce the effects of existing EU agreements for when they no longer apply to the UK. This will ensure continuity of trading arrangements for UK businesses.

These new agreements will replicate existing EU agreements and the same preferential effects with third countries as far as possible. These "continuity agreements" will replicate the existing EU agreements' territorial scope, and they will therefore apply to the Isle of Man to the same limited extent as the existing EU trade agreements.

If the UK does not reproduce the effects of an existing EU agreement, trade with other World Trade Organization (WTO) members will take place on WTO terms from 1 January 2021.

Data Protection

Data Protection
Technical GuidanceImplications for the Isle of Man
Data Protection This webpage outlines the actions that one needs to take regarding data protections and data flows with the EU/ EEA after the end of the transition period. It is stated that the UK will maintain equivalence with EU standards relating to the protection of personal data as they are set out at an EU level, in the General Data Protection Regulation (GDPR), through the Data Protection Act 2018 (UK) which broadly implements a GDPR standard in data protection.

The Isle of Man has its own independent supervisory authority and legislative regime, and although the implementing legislation is similar to the UK, the legal framework is established for all controllers and processors in the Isle of Man independently of the UK and directly imports the GDPR into domestic law. However, whilst personal data could continue to be transferred to the UK from the Isle of Man (as a jurisdiction with a current adequacy decision), additional safeguards may be required in the short term, to continue to allow that free flow of data to a jurisdiction which is neither a member state, nor a third country with adequacy.

Organisations may need to consider an alternative legal basis for the transfer other than reliance upon an adequacy decision. The Isle of Man is engaged in discussions with the UK regarding the intentions for adequacy for the UK from 1 January 2021.

For more information regarding Data Protection contact the Information Commissioner   

Aviation

Aviation
Technical GuidanceImplications for the Isle of Man
Aviation Safety and Hand Luggage restrictions at UK airport These web pages highlight what you need to do to work in, and operate in, the aviation industry, as well as covering restrictions that may be in place on items that can be taken in your hand luggage when boarding a plane in the UK from 1 January 2021.

No major change in envisaged for the operations of the Isle of Man's Civil Aviation Authority or the Island's Aircraft Registry from 1 January 2021. Both bodies seek to ensure compliance with International Civil Aviation Organisation (ICAO) Standards and Recommended Practices (SARPs). The UK's ratification of the Chicago Convention extends to include the Isle of Man and is not impacted by the UK's withdrawal.

The IOM Civil Aviation Authority can currently apply EU aviation legislation into Isle of Man law and this is based on the proactive incorporation of 'best practice' and contemporary international legislation. This is an approach designed to put the Island at the forefront of regulation, to support a thriving business climate and to promote the Island as an Aviation Centre of Excellence. The power to introduce EU and other international legislation into effect on the Island will not be affected by the UK's withdrawal from the EU.

The Isle of Man has a significant aerospace design, manufacturing and aircraft maintenance cluster which collectively has customers globally (including the UK and EU), and already supplies goods and services to the standards certified and determined by those under which their customers operate (whether or not EU or UK specified). Businesses in these sectors will need to ensure they can adapt to any changes in customer requirements as a result of changes in the corresponding oversight bodies.

Aviation Security; Cargo from 1 January 2021 This webpage outlines the security measures that are in place to ensure cargo can fly to and from the EU without disruption from 1 January 2021.

Aviation security arrangements in the Isle of Man are unlikely to be changed as a result of the UK's withdrawal from the EU.

Consumer Rights and Business

Consumer Rights and Business
Technical GuidanceImplications for the Isle of Man
Consumer Rights and Business This webpage offers advice for business on consumer rights from 1 January 2021. The UK has taken legislative steps to ensure that consumers retain the same rights as they currently have when buying from UK businesses, but there may be an impact on the extent to which UK consumers are protected when buying goods and services from EU countries.

Consumers should not see any immediate differences in protection between UK law and that of EU Member States as UK and EU law is highly aligned. However, consumers should always check the terms of consumer protection offered by the seller and the Member State the seller is located in.

Most large and reputable online traders actually provide a level of consumer service that exceeds the minimum standards under EU law. Given that businesses will still want to trade into markets that become cross-border it would be unlikely that consumers will see any differences.

There may be added complexity in resolving problems if things do go wrong in cross-border transactions as there will no longer be reciprocal obligations on the UK or EU countries to investigate breaches of consumer laws or take forward enforcement actions.

Applying for EU-funded programmes

Applying for EU-funded programmes
Technical GuidanceImplications for the Isle of Man
Continued UK participation in EU programmes Isle of Man businesses, individuals and NGOs do not currently have access to EU-funded programmes, and as such this notice is not of direct relevance for us.
Connecting Europe Facility energy funding The Trans-European Networks-Energy (TEN-E) regulation sets out the criteria and process for an energy project to earn the status of Project of Common Interest (PCI) (key infrastructure projects that are of EU benefit, especially cross-border projects, that link the energy systems of EU countries) including benefiting from a streamlined permitting process. PCI status is the first step for a project to be eligible for a CEF energy grant award under the linked CEF regulation, which provides the possibility of part funding PCI energy projects for studies and construction.

To be eligible for funding, projects must connect EU countries. This funding would not therefore apply to connections to and from the Isle of Man.

Regional Development Funds; England
ScotlandWales
Northern Ireland

The current European Regional Development Fund Programme provides funding to support regional growth and reduce differences in economic performance between regions.

Funding is not currently available for individuals and organisations based in the Isle of Man. It is not envisaged that there will be any implications for the Isle of Man from 1 January 2021.

European territorial cooperation programmes The current European Territorial Cooperation programmes support projects that enable businesses, universities, local and regional authorities and the voluntary and community sectors in different countries to work together on shared issues.

These programmes are not currently open to organisations in the Isle of Man, therefore there will be no implication for individuals or organisations from 1 January 2021.

Erasmus+ The Erasmus+ programme has limited relevance to the Isle of Man as there are no participating educational institutions on the Island. Eligibility for the programme is based on the institution at which a student is enrolled, rather than the nationality of the student.
Horizon 2020 Isle of Man researchers, universities and businesses do not currently have access to EU-funded programmes such as Horizon 2020, and so this guidance is not of direct relevance for Isle of Man based institutions.
Delivering humanitarian aid programmes The UK Government has undertaken to continue to provide funding for humanitarian projects being carried out by UK NGOs using EU funding.

Isle of Man NGOs do not currently have access to EU-funded programmes, and so this notice is not of direct relevance.

Other Issues

Other Issues
Technical GuidanceImplications for the Isle of Man
Merger review and anti-competitive activity This guidance sets out how merger review and investigations into anti-competitive activity will change from 1 January 2021.

The provisions relating to mergers should not have any impact on the Island.

The provisions relating to anti-competitive activity are relevant, in theory, to any local business trading into the UK. In practice however because of our scale it seems highly unlikely that an Isle of Man business could be capable of producing a measurable distortion of a UK market; let alone an EU market.

Mobile roaming The Isle of Man already sits outside of the EU roaming regulations and so does not currently benefit from them. This means EU operators can impose higher rates on Isle of Man operators today.

Local operators therefore have to negotiate roaming contracts directly with operators in other jurisdictions. The Communications Commission and the mobile operators have advice on roaming on their websites.
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