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Parliamentary questions
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16 January 2020
Answer given by Mr Reynders
on behalf of the European Commission
Question reference: E-002813/2019

Brexit will change the way in which the EU-27 Member States and the United Kingdom (UK) cooperate.

After the UK’s withdrawal from the EU, in case of a withdrawal without an agreement, or after the end of the transition period, if the Withdrawal Agreement is ratified, there will be no free movement of persons between the EU and the UK. The UK Government has stated that fewer EU citizens will be able to work in the UK. The future employment of EU citizens in the UK will be based exclusively on UK immigration law.

EC law providing for the exchange of criminal records between Member States for background employment checks will cease to apply to the UK. It will be for the UK to decide how it wishes to domestically enforce its legal requirements for taking up employment in the education sector. EU citizens will always be able to receive, upon their request, information on their criminal records from the Member State of their nationality or current or former residence and present it to the UK authorities.

The Political Declaration on the framework of future relations foresees close and comprehensive judicial cooperation in criminal matters, taking into account that the UK will be a non-Schengen third country that does not provide for the free movement of persons. It also states that ‘the Parties shall consider further arrangements appropriate to the UK’s future status for data exchange […] of criminal records, with the view to delivering capabilities that, in so far as is technically and legally possible, and considered necessary and in both Parties’ interests approximate those enabled by relevant Union mechanisms’.

Any sharing of data from police and criminal records with the UK after its withdrawal from the EU will have to take place in compliance with EU data protection law.

Last updated: 16 January 2020Legal notice