November 2020 - Getting ready for Brexit

The full details and implications of the UK’s departure from the EU are still in negotiation but since time is running out fast, here is a summary of some of the changes that we do know will impact on the way ITC members work.

Working with EU Citizens: EU citizens already living in the UK at 31 December 2020 can continue to work here until 30 June 2021, after which they will have to prove that they have Settled Status. From 1 January 2021, though, EU citizens coming to the UK to work will need to have a sponsor and a visa. If you are planning to bring people to the UK, from Europe and beyond, and are not currently an approved sponsor, you will need to register. . There’s general guidance to employing EU citizens from 1 January 2021 and more information on the new points-based immigration system on GOV.UK. It is most likely ITC companies will continue to mainly use Tier 5, the Creative Route. Our understanding is that the Permitted Paid Engagement route, for visits of less than a month, and the Visitor routes that apply for some festivals will continue. The ArtsInfopoint UK website is a useful source of information on bringing artists into the UK.

Touring into the EU: Some things that will be needed when touring in the EU, that were not needed when we were a member state include -
Passports with at least 6 months left on it for every company member
• Full travel/third party/health insurance for every company member.
• Work permits, visas etc. These will be different for each and every EU country you tour to. It is recommended that you heck each countries website for up to date information.
• Knowledge of the different tax regimes in each country, e.g: Spain has a withholding tax, France does not.
• An ‘ATA Carnet’ to take professional equipment across borders without having to declare it as goods and pay duties every time you go through customs. ATA Carnets last a year and currently cost £325.96, information on how to get a carnet is on the website.

• An EORI number if you need to move goods across borders.

EU Funding: Although the UK has left the EU you should continue to get any EU funding already awarded. This includes funding due to be paid after 31 December 2020.
You can still apply to some EU funds under the current spending framework.
It has not yet been decided what funding UK organisations will be able to apply for after the spending framework ends.

Driving in the EU: International driving permits (IDP) may be required in some EU and EEA countries from 1 January 2021. Drivers will need to carry green cards to prove their vehicle, trailer etc. is properly insured. Guidance is that you should contact your vehicle insurance provider at least 6 weeks before you travel, to get green cards. There’s more info on vehicle insurance online and on driving in the EU in general online.

Transferring data into and out of the EU: If you have contacts or customers in the EEA, which means that you send personal data to EU countries, you should check that you are already working in compliance with the GDPR, the Data Protection Act 2018 and any other relevant legislation. If so, that will be sufficient to ensure your data is secure enough to be sent to EU countries. If you are receiving personal data you will need to be able to prove that you will deal with it in a way that is secure enough to comply with EU standards, the Information Commissioners Office(“the ICO”) recommends making this a contractual obligation, with special contractual terms. The ICO have published guidance documents to help you understand whether you will be affected and, if so, how you need to prepare.