Draft Affirmative
Laid on: 08 January 2019
This instrument transfers a series of legislative functions that are currently conferred by European Union (“EU”) legislation upon the European Commission, to be exercisable instead by public authorities in the United Kingdom, so that they can be exercised at national level after the UK leaves the EU.
The EU Regulations concerned cover persistent organic pollutants (“POPs”); timber; the European Pollutant Release and Transfer Register; transfrontier shipments of waste; the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits; mercury; leghold traps; and the Convention on the International Trade in Endangered Species (“CITES”). This instrument also concerns one legislative function contained in a Directive relating to industrial emissions.
In each case, the legislative function is conferred upon the Commission so that it can develop the technical details of the specific regime, without the frequent need to refer back to the EU Council and EU Parliament. Examples of these functions include specifying forms to be used, amending technical annexes to reflect advances in scientific and technical knowledge, and updating annexes to reflect international agreements.
The EM states that ‘this instrument and the policy reflected in it have been developed in collaboration with Devolved Administration officials’.
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