Statutory Instruments: Protocol on Ireland and Northern Ireland
The Protocol on Ireland and Northern Ireland was agreed in 2019 and will require implementation on both sides of the Irish Sea.
Statutory instruments which implement the Protocol on Ireland and Northern Ireland may not be exclusively applicable to Northern Ireland, and sometimes only apply to England, Scotland or Wales. Legislation will be included in this list where the explanatory memorandum identifies the Protocol as part of the legal or policy issues it tries to address.
Disclaimer
These lists are based on information contained in the Explanatory Memorandums which accompanies each instrument and are provided by RaISe as part of its role in researching, collecting, and disseminating Brexit related material. The lists are not definitive and inclusion on a list does not constitute any sort of legal statement or advice regarding competence, application, content, or otherwise.
SI Title |
Laid date |
SI Summary |
|
Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
12/10/2020 |
The purpose of this instrument is to implement the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol) in the context of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as required at the end of the Transition Period. This will be done by making changes to the UK's existing CITES regime, comprised primarily of retained EU law (REUL), insofar as it will operate in Great Britain, to ensure that the relevant EU regulations can continue to be properly implemented in Northern Ireland. We are laying this instrument now in order to facilitate separate CITES regimes in Northern Ireland and Great Britain. This will be achieved by making amendments to retained EU law and relevant domestic regulations to take into account the coming into force of the Protocol. This instrument also makes outstanding operability changes to REUL and will consolidate previous EU Exit SIs made in the context of CITES in order to make REUL clearer and more accessible to end users. |
|
Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 |
12/10/2020 |
These Regulations amend the Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/648) (the 2019 Regulations). These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies, and to give effect to the United Kingdom's obligations under the protocol on Ireland/Northern Ireland to the EU withdrawal agreement (the Protocol). The 2019 Regulations made temporary amendments to legislation in the field of type approval for road vehicles and non-road mobile machinery and, in particular, provide for an interim arrangement allowing the Secretary of State, or Northern Ireland Department, to issue type approval certificates to holders of EU type approval granted other than in the United Kingdom and (in respect of road vehicles) for those type approval certificates to be the basis for the issue of certificates of conformity used for the purposes of vehicle registration. These interim arrangements are to have effect for a period of two years. These Regulations amend the interim arrangements, following the inclusion of the relevant EU Type Approval legislation in Annex 2 to the Protocol, so that they continue to operate effectively Great Britain and also to allow vehicles which are qualifying Northern Ireland goods to be registered in Great Britain. The 2019 Regulations are also amended to allow various engines, components and technical units within scope of the type approval legislation to be entered into service or placed on the market in Great Britain if they comply with the relevant legislative requirements as they apply in member States or Northern Ireland. These arrangements will also have effect for a period of two years. These Regulations also make necessary consequential amendments to other related legislation. These Regulations also amend Commission Regulation (EU) 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers (OJ L. No 353 21.12.20012, p.31). This amendment is to allow for the type approval in Great Britain of vehicles within scope of that Regulation which have a height exceeding 4 metres. |
|
Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 |
13/10/2020 |
This SI fixes deficiencies in retained EU Ecodesign and Energy Labelling legislation to ensure that this law remains fully operable in the UK after the end of the transition period. With regards to energy labels specifically, some of the requirements apply during the transition period (and will become retained EU law) and some of the requirements apply after the transition period (and will not form part of retained EU law). This SI makes fixes to address this. Secondly, this SI amends the Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (the first EU Exit SI) to take into account changes made to EU Ecodesign and Energy Labelling legislation since the first EU Exit SI was laid. Thirdly, this SI will implement the Northern Ireland Protocol (NI Protocol) and deliver unfettered access for qualifying NI goods on the GB market. To ensure full legislative implementation of the NI Protocol, it amends the first EU Exit SI and underlying legislation so that certain UK-wide provisions are limited to GB only and bespoke fixes for Northern Ireland (NI) are implemented where necessary. EU Ecodesign and Energy Labelling Regulations will continue to apply directly in NI after the transition period. Finally, this SI will account for labelling and marking requirements from the end of the transition period. It limits the recognition of CE marking to 12 months from 1 January 2021. In addition, it ensures that energy labels bear the UK flag and text from 1 January 2021 in place of the EU flag and any EU language text. |
|
Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
14/10/2020 |
The purpose of this instrument is to: implement the Protocol on Ireland/Northern Ireland (NIP) by amending or revoking the 17 EU Exit instruments in the field of food and food safety to apply to Great Britain only, and additional instruments made in respect of Northern Ireland; address a range of remaining deficiencies in retained EU law (REUL) in the field of food and feed safety and hygiene to ensure the operability of REUL at the end of the Implementation Period, and to take account of EU law that has come into force since the 17 EU Exit instruments were made. |
|
Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 |
14/10/2020 |
This instrument transfers legislative functions that are currently conferred upon the European Commission by Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the RoHS Directive), to be exercisable instead by the Secretary of State in relation to England and Wales and Scotland after the end of the EU Exit transition period. It amends the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/2032) ( the RoHS Regulations) as they apply in England and Wales and Scotland, to set out in domestic legislation a list of restricted substances and tables of exemptions from the restriction in regulation 3(1) of those Regulations, corresponding with provisions in the RoHS Directive. It also makes amendments to the RoHS Regulations and the Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640) (the Packaging Regulations) to help ensure the UK meets its obligations under the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol) in respect of placing on the market requirements for packaging and the restriction of the use of certain hazardous substances in electrical and electronic equipment. |
|
Construction Products (Amendment etc.) (EU Exit) Regulations 2020 |
15/10/2020 |
The main purpose of this instrument is to update amendments in the Construction Products (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/465) (the 2019 Regulations). The instrument additionally ensures that Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011, which lays down harmonised conditions for the marketing of construction products and repeals Council Directive 89/106/EEC as it has effect in EU law as amended from time to time (the EU Construction Products Regulation) continues to apply in Northern Ireland in accordance with the Ireland/Northern Ireland Protocol to the EU Withdrawal Agreement. This instrument uses powers in the European Union (Withdrawal) Act 2018 to amend the 2019 Regulations before they come into force, and to make additional provisions in relation to Northern Ireland. Broadly the amendments in this instrument restrict the amendments in the 2019 Regulations (which, as drafted, applied to the United Kingdom) so they have effect in relation to Great Britain only from IP completion day. In relation to Northern Ireland they provide an enforcement regime in relation to EU construction products law to replace the Construction Products Regulations 2013 (S.I. 2013/1387). These provisions come into force before IP completion day. |
|
15/10/2020 |
The instrument will make the necessary changes to maintain the United Kingdom's robust export control regime at the end of the transition period on 31st December when export control regulations in Northern Ireland will continue to be EU law. In Great Britain export control regulations will be retained at the end of the transition period. The law needs to be corrected before the end of the transition period so that it continues to function effectively in both Great Britain and Northern Ireland. The instrument will also amend: ¢ the Export Control Order 2008 to correct existing references to EU law; and ¢ the draft Trade in Torture etc. Goods (Amendment) (EU Exit) Regulations (unmade) to address deficiencies in retained EU law. We assess that this SI should be subject to the draft affirmative procedure because it amends primary legislation, creates, or widens the scope of, criminal offences, and amends a power to legislate. Paragraph 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 (the Withdrawal Act) specifies that instruments that make provision within paragraph 8F(2) of Schedule 7 to the Withdrawal Act must be subject to affirmative resolution. It is for these reasons that the instrument must be made by the affirmative procedure. |
|
|
15/10/2020 |
The United Kingdom (UK) has already introduced European Union (EU) exit legislation on ship recycling - the Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (SI 2019/277) (the 2019 Regulations) to ensure that legislation in this area would remain legally operable once the UK had withdrawn from the EU. However, Regulation (EU) 1257/2013) on ship recycling (the EU Regulation) is one of the provisions listed in Annex II of the Protocol on Ireland/Northern Ireland (the Protocol) in the withdrawal agreement. Consequently, the EU Regulation will continue to apply in Northern Ireland as it has effect in EU law (rather than the retained version which applies to the rest of the UK) without any further provision being made. |
|
|
19/10/2020 |
These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a),(b) and (g)) arising from the withdrawal of the UK from the European Union, to reflect the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement and the transition period, and to make transitional provision. These regulations make amendments in the area of agricultural market measures. Part 2 amends retained direct EU legislation. Part 3 amends subordinate legislation: regulations 5 to 8 amend subordinate legislation in the area of agricultural market measures, and regulations 9 to 14 amend subordinate legislation which primarily amended retained direct EU legislation. |
|
|
19/10/2020 |
These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a),(b) and (g)) arising from the withdrawal of the UK from the European Union, to reflect the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement and the transition period, and to make transitional provision. These regulations make amendments in the area of agricultural market measures. Part 2 amends retained direct EU legislation. Part 3 amends subordinate legislation: regulations 5 to 8 amend subordinate legislation in the area of agricultural market measures, and regulations 9 to 14 amend subordinate legislation which primarily amended retained direct EU legislation. |
|
|
19/10/2020 |
The purpose of this instrument is to make the necessary corrections to Regulation EU 2017/852 of the European Parliament and of the Council on mercury, which repeals Regulation (EC) No 1102/2008, to enable its continued use as retained EU law after the end of the Transition Period. This instrument also makes amendments for purposes relating to the implementation of the Protocol on Ireland / Northern Ireland (the Protocol). This instrument will help ensure the UK meets its obligations under the Protocol in respect to the movement of mercury from Great Britain (GB) to Northern Ireland and Northern Ireland to GB by amending (EC) No 2017/852 and the Control of Mercury (Enforcement) Regulations 2017 (SI 2017/1200) so that Northern Ireland continues to fully apply (EC) No 2017/852, as required at the end of the Transition Period. This instrument revokes both the Control of Mercury (Amendment) (EU Exit) Regulations 2019 (SI. 2019/ 96) and regulation 8 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (SI. 2019/473). |
|
|
19/10/2020 |
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. They are also made in exercise of the powers conferred by section 8C of that Act, to deal with matters arising out of or related to the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. The Regulations amend subordinate legislation relating to detergents. Part 2 amends previous EU Exit Regulations. In Part 3, regulation 4 amends the Detergents Regulations 2010 as they apply in Great Britain, and regulation 5 amends those Regulations as they apply in Northern Ireland. |
|
|
19/10/2020 |
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom (UK) from the European Union. They are also made in exercise of the powers conferred by section 8C of that Act to implement, and deal with matters arising out of or related to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (the NI Protocol). Part 2 amends the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758) (the Exit Regulations). The Exit Regulations amend Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (the REACH Regulation). Part 2 amends the Exit Regulations to take account of the NI Protocol. It provides for the domestic REACH regime to apply in respect of Great Britain rather than the United Kingdom. The REACH Regulation as it has effect in EU law will continue to apply in Northern Ireland by virtue of the NI Protocol. Part 2 also makes special provision in respect of substances entering Great Britain from Northern Ireland. Under new Article 127EB of the REACH Regulation, a Northern Irish supplier will be able to notify the Agency directly of existing supplies of substances to Great Britain that they wish to continue making after the end of the transition period. Part 2 inserts new Schedule 2A into the Exit Regulations, which inserts Title 15A into the REACH Regulation. This new Title makes provision in respect of substances imported from Northern Ireland. New Articles 139A and 139B set out a new notification procedure for substances imported from Northern Ireland. This notification can be made by the importer or the Northern Irish supplier. New Article 139C provides for Title 7 of the REACH Regulation (authorisations) to apply to imports from Northern Ireland. New Articles 139D and 139E provide for Northern Irish entities to be able to apply for and hold authorisations in respect of qualifying Northern Ireland goods. Schedule 2 to the Exit Regulations contains a number of transitional provisions. Part 2 amends that Schedule so existing registrants or downstream users have longer to provide the full registration information to the Agency. The deadlines are phased by reference to the hazards posed by a substance and the quantities in which it is manufactured or imported. Schedule 10 to the Exit Regulations amends the REACH Enforcement Regulations 2008 (S.I. 2008/2852). These Regulations amend that Schedule so that it will only extend to Great Britain. Part 3 of these Regulations amends the commencement provisions of the REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/858) and the REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1144) (the Exit No. 3 Regulations ), which amend the Exit Regulations. It also amends the Exit No. 3 Regulations to reflect a change to the way that medical devices are regulated in the EU that came into effect after the UK left the EU, but during the transition period. This means that a number of amendments made by the Exit No. 3 Regulations no longer need to be made. Part 4 of these Regulations only extends to Northern Ireland. It amends the REACH Enforcement Regulations 2008 as they have effect in Northern Ireland. There will now be two versions of the REACH Enforcement Regulations 2008. One will apply in Great Britain and one will apply in Northern Ireland (the NI enforcement Regulations). Some offences under the retained EU law version of the REACH Regulation will apply to people established in Northern Ireland if they choose to directly notify the Agency of substances imported into Great Britain or apply for authorisations. Part 4 inserts new Schedule 1A into the NI enforcement Regulations which lists those offences, and makes related amendments. |
|
|
20/10/2020 |
This instrument amends: The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775) (the 2019 Regulations); the Human Medicines and Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1385) (the Second 2019 Regulations); the Medicines for Human Use (Clinical Trials) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/744) ( the Clinical Trials 2019 Regulations); and the Good Laboratory Practice Regulations 1999 (S.I. 1999/3106). The 2019 Regulations and the Second 2019 Regulations (together the 2019 SIs) and the Clinical Trials 2019 Regulations make significant amendments to the Human Medicines Regulations 2012 (S.I. 2012/1916) (the HMRs), the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031) (the Clinical Trials Regulations) and the Medicines (Products for Human Use) (Fees) Regulations 2016 (S.I. 2016/190) (the Fees Regulations). Those amendments were intended to ensure that the Regulations were fit for purpose in a no deal EU Exit scenario. The HMRs, the Clinical Trials Regulations and the Fees Regulations will remain the basis for the regulation of medicines and clinical trials in Great Britain (GB) after 1 January 2021. This instrument amends the Regulations set out above in order that the HMRs, the Clinical Trials Regulations and the Fees Regulations will continue to be effective at the end of the Implementation Period for the purposes set out below. This instrument will amend how medicines and clinical trials will be regulated in Northern Ireland (NI) and in GB at the end of the Implementation Period, taking account the Northern Ireland Protocol (NIP). |
|
|
20/10/2020 |
These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d), (f) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Part 2 contains amendments to various statutory instruments relating to imports of animals, germinal products and animal products. Part 3 contains amendments to retained direct EU legislation relating to imports of those products. Part 4 contains general transitional and saving provision to enable the continued use, from IP completion day, for transitional purposes, of model forms of certificates as provided for in EU law as it had effect before IP completion day. It also contains a power to amend, by regulations, the date on which those transitional provisions, and the transitional provisions in regulation 26(3) of the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) cease to have effect. Part 4 and the Schedule also contain revocations of various instruments. |
|
|
20/10/2020 |
This instrument amends a number of existing EU Exit SIs to ensure that the legislation amended by those instruments will continue to operate effectively at the end of the Transition Period and makes EU Exit related amendments to, or revokes, some recent EU legislation which will become retained direct EU law. It also makes amendments to primary and subordinate domestic legislation for similar purposes. It also includes some technical amendments to EU Exit SIs that are needed in consequence of the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol"). This instrument also transfers some functions from the European Commission to the Secretary of State and the Devolved Administrations. |
|
|
Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 |
21/10/2020 |
This instrument will ensure that retained European Union (EU) legislation and domestic implementing legislation relating to the protection of animals at the time of their killing, during transport and the criteria for animals being kept in control posts; the use of leghold traps, the import of pelts and manufactured goods of certain wild animal species; and the prevention and management of the introduction and spread of invasive non-native species remains operable now that we have left the EU. The proposed changes will ensure that the strict protections that are in place are maintained by addressing failures of EU law to operate effectively, as well as other deficiencies, arising from the withdrawal of the United Kingdom from the EU. This instrument includes provisions related to EU Exit for Great Britain and Northern Ireland, as well as changes to domestic enforcement legislation for the United Kingdom. Changes to retained EU legislation (EU legislation preserved in UK law for legal continuity after EU Exit) and domestic (UK developed) legislation are being made in order to implement the Northern Ireland Protocol of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Withdrawal Agreement). Furthermore, the changes ensure that imports of pelts and pelt products from the EU will be treated the same as imports from any other third country. This change is in line with wider government policy regarding the United Kingdom's exit from the EU. This instrument also includes provisions to improve enforcement, which will enable enforcement officers to use discretion when transferring seized specimens to appropriate facilities, ensure the civil sanction provisions work as intended, and enable the effective implementation of emergency measures under domestic legislation for invasive non-native species. |
|
21/10/2020 |
This instrument forms part of legislation to ensure the United Kingdom (UK) has a customs safety and security regime in place at the end of the transition period following the withdrawal of the UK from the European Union (EU). It introduces a temporary waiver on the requirement for Entry Summary (ENS) declarations from countries that do not currently require them, and changes the timing requirement for the submission of a pre-arrival ENS for all short sea journeys, and a pre-departure Exit Summary (EXS) declaration for short containerised sea journeys. The instrument also removes duplication between existing statutory instruments and maintains the power to require registration for an Economic Operators Registration Identification (EORI) number in certain other circumstances which was omitted from a previous statutory instrument. |
|
|
The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 |
21/10/2020 |
This Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 8 October 2020. The purpose of this instrument is to ensure that the UK statute book works coherently and effectively following the end of the transition period. It clarifies how certain terms, including EU-related definitions, should be interpreted in domestic legislation on or after IP completion day. As part of this, the instrument clarifies how cross references to EU legislation should be read. The instrument makes technical repeals to redundant provisions within primary legislation arising from the European Union (Withdrawal) Act 2018 (EUWA). These are primarily repeals of amending provisions, in particular relating to the European Communities Act 1972 (the ECA), where EUWA has already provided for the repeal of the amended provisions. The purpose of the repeals in these Regulations is to tidy up the statute book and they have no substantive effect. The instrument amends the Interpretation Act 1978 (and the devolved equivalents) in relation to the interpretation of references to relevant separation agreement law . The instrument also amends EUWA to provide for how existing references to EU instruments that form part of relevant separation agreement law and how existing nonambulatory references to direct EU legislation should be read. It also makes consequential amendments to the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 20191 (S.I. 2019/628) (the 2019 Regulations). The instrument makes new interpretation provisions in light of the European Union (Withdrawal Agreement) Act 2020 (WAA), to remove uncertainty about which version of an EU instrument applies, whether the retained version or the version applied by the Withdrawal Agreement. The instrument provides a general gloss to ensure that the correct interpretation of the EU instrument applies. SIs being prepared by other departments in order to implement the Withdrawal Agreement, including the Northern Ireland Protocol are relying on these glosses. These SIs are required for IP completion day. |
|
Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 |
22/10/2020 |
Primarily, this instrument will amend retained EU legislation to introduce a comprehensive regulatory framework for Geographical Indication (GI) schemes in the UK. This instrument also makes operability amendments for wines and spirits sector standards (non-GI). On GI schemes, this instrument corrects the retained EU Regulations that will form the legal basis for three of four schemes in Great Britain (GB) at the end of the transition period, plus amendments needed for operation of the wine GI scheme. This includes providing continued protection in GB of established UK GIs, and non-UK GIs recognised under the EU GI schemes on 31st December 2020. This instrument reflects the position of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (the Protocol). This means, for the duration of the Protocol, the territorial extent of the new GI schemes will not include Northern Ireland, which remains under the EU rules. However, as the schemes will be administered and regulated by the UK Government, they are referred to as the 'UK GI Schemes' for the remainder of this document (whilst references to the schemes territorial extent are to GB). |
|
Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 |
22/10/2020 |
The Common Fisheries Policy (CFP) imposes a common approach to the sustainable management of fisheries across the European Union and its waters. Several provisions of the CFP are included in Annex 2 to the Protocol on Ireland / Northern Ireland in the EU Withdrawal Agreement (the Protocol) and will therefore be directly applicable in the UK in respect of Northern Ireland from the end of the transition period. This instrument makes amendments to domestic law, retained EU law and previous amendments to retained EU law, all in the field of the CFP, ensuring the legislation operates effectively for the UK outside of the European Union to account for the inclusion of that legislation in Annex 2 to the Protocol. |
|
Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 |
22/10/2020 |
This instrument will ensure that Northern Ireland will continue to implement EU law required by the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (the Protocol) relating to explosives precursors and firearms. |
|
02/11/2020 |
The purpose of this instrument is to ensure that legislation relating to animal and aquatic health, invasive alien species, plant propagating material and seeds remains operable following the Withdrawal Agreement, the Protocol on Ireland / Northern Ireland (the Protocol), and recent updates to EU law. The amendments in this instrument are technical in nature with no changes to policy. The amendments made by this instrument will address deficiencies in domestic legislation including previously made EU Exit legislation, e.g. by removing references to EU institutions that are no longer appropriate; removing obligations to report to, or seek approval from, the European Commission; and removing provisions relating to reciprocal arrangements and provisions that will no longer exist or operate following the end of the transition period. In addition, the instrument will: amend retained EU law; replace references to the EU 's Trade Control and Export System (TRACES) with references to the UK's new system for import notifications and controls, the Imports of Products, Animals, Food and Feed System (IPAFFS); remove transitional measures which expire at the end of the Transition Period; make operability changes to recent amendments to EU law that were settled in the EU too late to be covered by the earlier EU Exit legislation; make reference to the special transitional import arrangements set out in Schedule 5 to the England Trade Regulations or equivalent provisions in the Wales Trade Regulations or the Scotland Trade Regulations, and the new Annex 6 to the Official Controls Regulation (EU) 2017/625; apply a reciprocal approach to the EU, in particular so that EU breed societies are subject to the same recognition and listing process as third country breeding bodies by the UK as the EU is applying to UK breed societies post Transition Period. This is subject to a six month transitional period during which EU breed societies will be automatically listed by the UK; make a few very minor corrections to drafting errors in earlier EU Exit SIs; and make minor amendments to domestic legislation using section 2(2) of the European Communities Act 1972 in order to ensure regimes can be made operable at the end of the Transition Period. |
|
|
02/11/2020 |
This instrument provides for legislative functions that are currently conferred by European Union (EU) legislation upon the European Commission ( the Commission) and the Council of the European Union (the Council) to be exercisable instead by appropriate authorities in Great Britain (GB), so that they can be exercised at national level after the end of the transition period. It amends previously made EU Exit statutory instruments (EU Exit SIs) in order to reflect the change in legislative position following the Withdrawal Agreement, the Protocol of Ireland / Northern Ireland (the Protocol). It also makes amendments to reflect changes to EU Regulations since the EU Exit SIs were made and for new directly applicable EU legislation that will be retained and must be made operable. This instrument contains provisions relating to seven policy areas: seed, plant and plant propagating material; aquatic animal health; Transmissible Spongiform Encephalopathies (TSEs) and Animal By-Products (ABPs); livestock; zoonotic diseases; pet travel; and the use of alien and locally absent species in aquaculture. |
|
|
Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 |
02/11/2020 |
Article 18 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom from the European Union makes provision for consent to be provided by the Northern Ireland Assembly to the continued application of Articles 5 to 10 of that Protocol. Consent must be given every 4 or 8 years depending whether it is given on a simple majority or cross-community basis. These Regulations make provision for that democratic consent process. They do so by inserting a new Schedule 6A in the Northern Ireland Act 1998 (c. 47). Part 3 of that Schedule makes provision for the process that will apply in circumstances where there is a functioning Northern Ireland Executive. Part 4 makes provision for the process that will apply in circumstances where there is not a functioning Executive in place. This is consistent with the undertaking made by the United Kingdom Government in its declaration concerning the operation of the Democratic consent in Northern Ireland provision of the Protocol made on 17 October 2019 (unilateral Declaration). Where consent is given on a simple majority rather than cross-community basis, then Part 6 of new Schedule 6A requires the Secretary of State to commission an independent review into the functioning of the Protocol and the implications of any decision to continue or terminate alignment on social, economic and political life in Northern Ireland. Again, this is consistent with the undertakings made by the Government in the unilateral Declaration. |
|
Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 |
02/11/2020 |
The Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 amends the Veterinary Medicines Regulations 2013 (VMR), the Animal and Animal Products (Examination of Residues and Maximum Residue Limits) (England and Scotland) Regulation 2015 (Residues Regulations), and the relevant retained European Union (EU) law as set out in Section 6. This instrument will ensure that the regulatory regimes for veterinary medicines and residues surveillance remain operable and enforceable in the UK after the end of the Transition Period. The amendments to the VMR also reflect the requirements and effect of the protocol on Ireland/Northern Ireland (the Protocol). |
|
Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 |
09/11/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (TCTA) to ensure that the United Kingdom (UK) has a customs regime in place at the end of the transition period following the withdrawal of the UK from the European Union (EU). The measures contained in this instrument introduce a number of changes that will allow customs procedures to continue to operate efficiently at the end of the transition period and will help to facilitate the movement of goods between Great Britain and the EU. They include the application of staged border controls by allowing goods to move without full customs controls through border locations without existing customs control systems, clarifying the simplified declaration process, introducing new rules for travellers for goods that cannot be declared orally or by using paper declarations, and extending the scope of the process for making declarations by conduct. |
|
The Medical Devices (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/2020 |
This SI supersedes the draft of the same title which was laid before Parliament and published on 15 October 2020. This instrument is required to ensure that the United Kingdom ( ˜UK ™) has a functioning statute book at the end of the implementation period ( ˜IP ™) and makes a number of amendments to other instruments for that purpose. The instruments this instrument amends are: 1. Medical Devices (Amendment etc.) (EU Exit) Regulations 2019/791 (the 2019 Regulations); 2. Schedule 2 to the Human Medicines and Medical Devices (Amendment)(EU Exit) Regulations 2019/1385 (the Amendment Regulations); and 3. Medical Devices Regulations 2002 S.I. 2002/791 (the Principal Regulations). These amendments are being made to ensure that the regulatory landscape is fit for purpose at the end of the IP. The amendments will also ensure the safety of UK patients through the continued supply of approved devices to the UK. |
|
The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/2020 |
This SI supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031) on protective measures against pests of plants and Regulation (EU) 2017/625) on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (the EU Regulations) and associated implementing legislation will be made operable for GB. The result of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) is that the UK leaves the EU single market. The operability amendments contained in this instrument create a ˜single market ™ covering GB and the Crown Dependencies. The EU will become a third country and, as a result, be subject to third country import controls. Plant health controls on material imported from third countries will continue to be applied and will focus on risks to GB, rather than risks to the EU. Internal controls will also continue to apply to movement of goods within the GB internal market. |
|
The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 |
10/11/2020 |
This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 15 October 2020. The purpose of this instrument is to protect biosecurity and support trade by ensuring that effective phytosanitary controls continue to operate within GB and between GB and the EU at the end of the Transition Period on 31 December 2020. Regulation (EU) 2016/2031 on protective measures against pests of plants and Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (the EU Regulations) and associated implementing legislation will be made operable for GB. |
|
17/11/2020 |
This instrument is required to ensure that the UK has a functioning statute book at the end of the Implementation Period (IP). It uses the power under Section 8C of the European Union (Withdrawal) Act 2018 (the Withdrawal Act) to implement the Protocol on Ireland / Northern Ireland to the withdrawal agreement (the Protocol) to amend the Seeds (National Lists of Varieties) Regulations 2001 (National Lists Regulations 2001) so that they apply to Great Britain (GB) only and makes consequential changes to the Seeds (National Lists of Varieties) (Fees) Regulations 1994 (the Fees Regulations). |
|
|
09/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (TCTA) to ensure that the United Kingdom (UK) has a customs regime in place at the end of the transition period following the withdrawal of the UK from the European Union (EU). The measures contained in this instrument concern how and when TCTA is to apply to goods in Great Britain under the separation provisions of the Withdrawal Agreement of the UK from the EU (the Withdrawal Agreement). These measures relate to goods where a customs procedure had commenced, or a movement had begun, before the end of the transition period but is completed after that point. The instrument also amends EU Exit instruments to take account of the Withdrawal Agreement. |
|
|
Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 |
09/12/2020 |
This instrument amends the Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018 (SI 2018/1086) (“the 2018 Regulationsâ€) and the Return of Cultural Objects Regulations 1994 (SI 1994/501) (“the 1994 Regulationsâ€) in relation to Northern Ireland, in order to ensure that the 1994 Regulations continue to apply correctly to Northern Ireland after IP completion day in accordance with the requirements of the revised Protocol on Ireland/Northern Ireland ('the Protocol') |
|
Export Control (Amendment) (EU Exit) (No. 2) Regulations 2020 |
10/12/2020 |
This instrument amends regulation 7(9) of the Export Control (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1502) before that regulation comes into force. |
|
Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020 |
10/12/2020 |
This instrument amends the Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 ('the 2019 Regulations'), to substitute two references to 'œexit day' with 'IP completion day'. This instrument makes provision for smooth transition from the UK's involvement in the Kimberley Process Certification Scheme ('the KPCS') through the EU's participation, to the UK being an independent Participant in the KPCS in its own right. |
|
10/12/2020 |
This instrument makes consequential amendments to tax legislation to ensure it remains legally operable from the end of the transition period following the making of the State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (SI 2020/No.1470). |
|
|
Tobacco Products (Traceability System and Security Features) (Amendments) (EU Exit) Regulations 2020 |
10/12/2020 |
These regulations ensure that the tobacco products traceability scheme and security feature scheme for the whole of the United Kingdom (UK) continue to function effectively at the end of the transition period, when Great Britain will lose access to the European Union (EU) system. The regulations also make some specific provisions in order for the EU traceability and security features schemes to continue to apply in Northern Ireland, allowing the UK to meet its obligations under the Protocol on Ireland/Northern Ireland (the Protocol) to the Withdrawal Agreement. This means cigarettes and hand-rolling tobacco products manufactured in or, imported into, Northern Ireland will be tracked under both the systems from 1 January 2021. |
|
16/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (TCTA) and Finance Act 2003 to ensure that the United Kingdom (UK) has a customs regime in place at the end of the transition period following the withdrawal of the UK from the European Union (EU). The measures contained within this instrument introduce changes that will allow customs procedures to continue to operate efficiently at the end of the transition period and will help to facilitate the movement of goods between Great Britain (GB) and the EU. The measures in this instrument increase the value threshold for oral or simple online declarations for travellers. They allow declarations for imports and exports of oil, gas and electricity to be made using entry in declarants records without the need for the operator to obtain authorisation. This instrument also expands the scope of the North Atlantic Treaty Organisation (NATO) 302 form, enabling it to be used as a customs declaration for eligible military movements into and out of the UK. The instrument will also require passengers travelling to GB via Coquelles in France to submit an advance electronic declaration before entry into the Eurotunnel terminal if they have goods that are in excess of passenger allowances. |
|
|
Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2020 |
16/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (the Act) to ensure that the United Kingdom (UK) has a customs regime in place at the end of the Implementation Period following the withdrawal of the UK from the European Union (EU). Legislation will be necessary to ensure the UK's customs, VAT and excise regimes function as intended and this instrument sets out the detailed rules about origin of goods equivalent to those which are currently in place under EU law. This instrument provides for determining the origin of chargeable goods in all cases except where preferential rates under sections 9 and 10 of the Act apply ('nonpreferential cases'). |
|
16/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (TCTA) to ensure that the United Kingdom (UK) has a customs regime in place at the end of the Implementation Period following the withdrawal of the UK from the European Union (EU). This legislation will be necessary to ensure the UK's customs, Value Added Tax (VAT) and excise regimes function as intended. The purpose of this instrument is to allow goods to be imported with full or partial relief of duties in certain circumstances, which are set out in the instrument and its accompanying reference documents. It will broadly replicate the reliefs currently available in the UK under EU legislation. It will also introduce four new reliefs needed as a consequence of the UK leaving the EU. |
|
|
Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 |
16/12/2020 |
This instrument forms part of a package of secondary legislation to be made under the Taxation (Cross-border Trade) Act 2018 ('TCTA') to ensure that the United Kingdom (UK) has an independent customs regime in place at the end of the implementation period following the withdrawal of the UK from the European Union (EU). This legislation will be necessary to ensure the UK's Customs, VAT and Excise regimes function as intended. The purpose of the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 is to give effect to the preferential import duty rates, including related Rules of Origin requirements (RoO), in trade arrangements that the UK has entered into with partner countries. Trade arrangements include Free Trade Agreements (FTAs) and other preferential trade agreements. Therefore, these regulations ensure that the UK's obligations under trade arrangements are given effect, so that goods imported as part of a trade arrangement can access the agreed preferential import duty terms if they qualify to do so. |
|
Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020 |
16/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 to ensure that the United Kingdom (UK) has a customs regime in place at the end of the Implementation Period following the withdrawal of the UK from the European Union (EU). This legislation will be necessary to ensure the UK's Customs, VAT and Excise regimes function as intended. The purpose of the Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020 ('these Regulations') is to make provision for a tariff suspensions regime as part of the UK's independent customs tariff system at the end of the Implementation Period, when Regulations (EU) 2020/874 and 2020/875 cease to apply to the UK. Provision is also made in regulation 12 of, and the Schedule to, the instrument to modify the application of Section 12 of the Act and of these Regulations to take account of the fact that the UK will be in a Customs Union with the Crown Dependencies at the end of the Implementation Period. |
|
16/12/2020 |
The purpose of this instrument is to ensure the United Kingdom (UK) has a comprehensive customs regime in place at the end of the transition period. The instrument introduces new simplified customs arrangements that will apply to certain goods imported into the UK and used under the temporary admission or inward processing procedures. The instrument also includes a provision that allows for the application of Free Trade Agreements (FTA) duties which may in some cases be higher than the UK Global Tariff (UKGT). The instrument also includes minor changes concerning the ability to amend or withdraw a customs declaration, updates requirements in relation to the keeping of records for customs purposes and ensures that excise duty relief is available for goods that arrive in the UK but remain on board a train, on the same basis as this relief is available for goods on a ship or aircraft. |
|
|
International Waste Shipments (Amendment) (EU Exit) Regulations 2021 |
17/12/2020 |
This instrument amends Regulation (EC) No 1013/2006 on shipments of waste and related legislation to implement the Protocol on Ireland / Northern Ireland ('the Protocol'), and to enable their continued operability as retained EU law under the European Union (Withdrawal) Act 2018, following the UK's withdrawal from the European Union. |
|
21/12/2020 |
The instrument makes provision in relation to charges to customs duty introduced by provisions inserted into the Taxation (Cross-border) Trade Act 2018 (TCTA) by the Taxation (Post-transition Period) Act 2020 (TPTP Act). This additional provision will enable the charges to operate effectively from the end of the transition period following the withdrawal of the United Kingdom (UK) from the European Union (EU). The instrument also includes detailed provisions concerning the application of TCTA and other UK customs legislation in Great Britain (GB) and Northern Ireland (NI), for example to take account of the EU customs legislation that will apply in NI, as well as other consequential changes. |
|
|
21/12/2020 |
The United Kingdom (UK) left the European Union (EU) on 31 January 2020 and entered a transition period that will end at 11pm on 31 December 2020. At the end of the transition period, under the Protocol on Ireland/Northern Ireland agreed between the EU and the United Kingdom as part of the Withdrawal Agreement (the Protocol), EU rules in relation to goods will continue to apply in Northern Ireland (NI). This means that existing EU rules for intra-EU movement of goods will continue to apply to movements between the EU and NI. The Taxation (Post-transition Period) Act 2020 (TPPA) (which received Royal Assent on 17 December 2020) reinstated rules contained in primary legislation removed by the Taxation (Cross-border Trade) Act 2018 (TCTA) modified as required for application in NI and introduced a charge for movements between Great Britain (GB) and NI. This instrument makes necessary further amendments to secondary legislation. It also introduces transitional provisions required for the end of the transition period. |
|
|
Value Added Tax (Northern Ireland) (EU Exit) Regulations 2020 |
21/12/2020 |
The United Kingdom (UK) left the European Union (EU) on 31 January 2020 and entered a transition period that will end at 11pm on 31 December 2020. After the end of the transition period, under the Protocol on Ireland/Northern Ireland (the Protocol) agreed between the EU and the UK as part of the Withdrawal Agreement, EU rules in relation to goods will continue to apply in Northern Ireland (NI). Movements of goods between Great Britain (GB) and NI will be treated as though they are imports and exports. The government will use flexibilities available within EU law to keep accounting rules for Value Added Tax (VAT) for these movements as close as possible to the current approach. This instrument, along with the Taxation (Post-transition Period) Act 2020 (TPPA), introduces the changes necessary to achieve that. |
|
Customs Miscellaneous Non-fiscal Provisions and Amendments etc. (EU Exit) Regulations 2020 |
22/12/2020 |
The effect of the European Union Withdrawal Agreement (EUWA) and the Northern Ireland Protocol (Protocol) is that certain provisions of European Union (EU) law will continue to apply in Northern Ireland (NI) after the end of the transition period, while in Great Britain (GB) those same provisions are modified to operate in the context of the United Kingdom (UK) having left the EU. As previous amendments to the relevant legislation applied across the whole of the UK, it is necessary to make changes to address the different regimes applying in NI and GB, and to deal properly with certain movements of goods between NI and GB. This instrument makes amendments and modifications in the following fields of legislation: |
|
Travellers’ Allowances and Miscellaneous Provisions (Northern Ireland) (EU Exit) Regulations 2020 |
22/12/2020 |
The United Kingdom (UK) left the European Union (EU) on 31 January 2020 and entered a transition period that will end at 11pm on 31 December 2020. At the end of the transition period, under the Protocol on Ireland/Northern Ireland (the Protocol) agreed between the EU and the UK as part of the Withdrawal Agreement, EU rules in relation to goods will continue to apply in Northern Ireland (NI). This instrument introduces changes necessary to achieve that with regards to both travellers entering NI as well as businesses that sell excise goods on board ships and aircraft. |
|
Customs (Modification and Amendment) (EU Exit) Regulations 2020 |
23/12/2020 |
This instrument forms part of legislation to be made under the Taxation (Cross-border Trade) Act 2018 (TCTA) and Finance Act 2003 to ensure that the United Kingdom (UK) has a customs regime in place at the end of the transition period following the withdrawal of the UK from the European Union (EU). In relation to Northern Ireland (NI), the instrument provides for how goods are to be treated when the 'separation provisions' of the EU Withdrawal Agreement no longer apply to them. The instrument also implements new relief arrangements for duty chargeable in NI and provides minor amendments to UK customs legislation, as it will apply alongside EU provisions in NI. The instrument will also enable persons who are not established in the UK to be approved to defer paying duty liabilities in Great Britain (GB), if they secure the liabilities with a guarantee from a guarantor established in the UK. The instrument also provides full duty relief where goods return to the UK after alteration or repair in another country, where this relief is provided for in an international agreement made by the UK. Finally, the instrument modifies how TCTA should be read in relation to goods in NI to ensure the term 'vehicle' includes, ships, aircraft and trains. |
|
23/12/2020 |
The United Kingdom (UK) left the European Union (EU) on 31 January 2020 and entered a transition period that will end at 11pm on 31 December 2020 (referred to as IP completion day). At the end of the transition period, under the Protocol on Ireland/Northern Ireland (the Protocol) agreed between the EU and the UK as part of the Withdrawal Agreement, EU rules in relation to excise goods will continue to apply in Northern Ireland (NI). This instrument makes changes to existing provisions in secondary legislation which govern the rules on the holding and movement of excise goods by businesses within the UK, including NI, and makes new provisions in relation to the payment of excise duty due on goods which are moved to NI from GB. This instrument also saves and modifies, in relation to NI, certain provisions as they applied immediately before IP completion day. These legislative changes are necessary to ensure that NI continues to have a functioning excise regime at the end of the transition period. |
|
|
Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 |
30/12/2020 |
This statutory instrument amends retained EU food and drink regulations concerning geographical indication (GI) schemes. It is subject to the made-affirmative procedure as the provisions contained need to enter into force as soon as the transition period ends, but for timing reasons, could not be included in previous secondary legislation. Primarily, the instrument provides interim protection of third country GIs and traditional wine terms agreed in continuity trade agreements between the UK and third countries, but which have not yet been ratified. These are termed here as 'bridging arrangements'. This instrument also includes some other minor amendments which needs to enter in to force at the end of the transition period, including on wine import certifications, US wine names of origin, the importing of organic food and feed, ongoing protection of US and Mexican product designations, the functionality of retained spirits drinks regulations and adding a new class of GI to support the UK-Japan trade agreement. |
|
The Agricultural Products, Food and Drink (Amendment) (EU Exit) Regulations 2020 |
31/12/2020 |
This statutory instrument amends retained EU food and drink regulations concerning geographical indication (GI) schemes. It is subject to the made-affirmative procedure as the provisions contained need to enter into force as soon as the transition period ends, but for timing reasons, could not be included in previous secondary legislation. Primarily, the instrument provides interim protection of third country GIs and traditional wine terms agreed in continuity trade agreements between the UK and third countries, but which have not yet been ratified. These are termed here as 'bridging arrangements'. This instrument also includes some other minor amendments which needs to enter in to force at the end of the transition period, including on wine import certifications, US wine names of origin, the importing of organic food and feed, ongoing protection of US and Mexican product designations, the functionality of retained spirits drinks regulations and adding a new class of GI to support the UK-Japan trade agreement. |
|
28/01/2021 |
This instrument amends retained direct EU legislation containing temporary Covid19-related derogations concerning organics to extend the application of the derogations relating to Commission Regulation (EC) No 889/2008. |
|
|
Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) (Amendment) Regulations 2021 |
15/02/2021 |
This instrument amends The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020 (the 2020 Regulations) which were laid before Parliament on 15 October 2020 and came into force on 1 January 2021. The 2020 Regulations implemented, to and in the UK in respect of Northern Ireland from 1 January 2021, Regulation (EU) No 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin tantalum and tungsten, their ores, and gold originating from conflict-affected and high risk areas (OJ No. L 130, 19.5.2017) (the EU Regulation). The EU Regulation established supply chain due diligence obligations applicable to relevant importers of tin, tantalum, tungsten, their ores and gold originating from conflict-affected and high risk areas ('conflict minerals') and placed obligations upon Member States for the effective and uniform implementation of the EU Regulation. This instrument amends the 2020 Regulations to narrow the category of person upon whom a notice requiring the production of information may be served from a 'person' to 'Union importer' and to make clear that civil sanctions may be imposed for failure to cooperate with either the Secretary of State or an inspector who is exercising powers under the 2020 Regulations. It also makes further clarifying and necessary consequential amendments, and implements minor corrections to the 2020 Regulations. |
|
Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021 |
24/03/21 |
This instrument corrects deficiencies in two European Union Implementing Regulations |
|
25/03/21 |
This instrument implements amendments to the Protocol on Ireland/Northern Ireland to the withdrawal agreement (‘the Protocol’) in consequence of Article 1.6 of Decision 3/2020 of the Joint Committee established by that agreement. Article 1.6 adds three Council Directives on plant reproductive material to Annex 2 to the Protocol. These Directives are considered by the EU as essential for the application of the rules of the EU internal market for goods in respect of Northern Ireland and were omitted at the time of adoption of the Protocol. 2.2 This instrument is made in exercise of the powers conferred by Section 8C(1) of the European Union (Withdrawal) Act 2018 (the ‘Withdrawal Act’) to implement the Protocol. It makes operability amendments to relevant domestic legislation which transpose those Council Directives and to retained directly applicable EU legislation as it applies in Great Britain (‘GB’). In addition, this instrument makes a minor correction to Council Decision 2003/17/EC which arises from an amendment by the Marketing of Seeds and Plant Propagating Material (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/162). |
|
|
Customs Tariff (Establishment) (EU Exit) (Amendment) Regulations 2021 |
29/04/21 |
This instrument amends legislation made under the Taxation (Cross-border Trade) Act 2018 (‘TCTA’), which provided for the United Kingdom’s Customs, Value Added Tax (VAT) and Excise regimes to be in place after the end of the Implementation Period following the withdrawal of the United Kingdom (UK) from the European Union (EU). Specifically, this instrument updates the ‘Tariff of the United Kingdom’ reference document which has been given legal effect by the Customs Tariff (Establishment) (EU Exit) Regulations 2020 (S.I. 2020/1430). The purpose of this instrument is to make technical updates to this reference document. The first update is to the UK’s Most-Favoured Nation tariff rates for molasses products under commodity codes 17031000 and 17039000 from £0.20/100kg to 0%, delivering the original policy intent. Whilst maintaining the same tariff rates on the relevant goods as under previous legislation and reference documents, the second update makes a minor change to the list of ‘commodity codes’ by inserting an additional code in the ‘Goods Classification table’ contained within the reference document. |
|
Customs Tariff (Establishment) (EU Exit) (Amendment) (No. 2) Regulations 2021 |
09/06/21 |
This instrument amends subordinate legislation made under the Taxation (Crossborder Trade) Act 2018 (‘TCTA’), which provided for the United Kingdom’s Customs, Value Added Tax (VAT) and Excise regimes to be in place after the end of the Implementation Period following the withdrawal of the United Kingdom (UK) from the European Union (EU). Specifically, this instrument updates the ‘Tariff of the United Kingdom’ reference document which has been given legal effect by the Customs Tariff (Establishment) (EU Exit) Regulations 2020 (S.I. 2020/1430) (‘the Establishment Regulations’). The purpose of this instrument is to insert a limited number of ‘commodity codes’ and the rates of import duty which were erroneously omitted from previous versions of the reference document to ensure that legislation is delivering the intended policy. |
|
10/06/21 |
This instrument makes amendments to Commission Delegated Regulation (EU) 2015/2446 supplementing certain provisions of the Union Customs Code as it forms part of retained European Union (EU) law, to enable customs procedures to operate in a more compliant manner, in terms of combating smuggling more effectively. The instrument will amend retained EU law by removing the waivers from the obligation to lodge an entry summary or a pre-departure declaration for travellers carrying high value commercial goods in a ‘˜goods vehicle’. Such declarations are required to enable customs authorities to carry out risk analysis for safety and security purposes. |
|
|
10/06/21 |
The purpose of this instrument is to implement an obligation arising from the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (‘the Protocol’). This SI implements aspects of Regulation (EU) 2019/1020 on Market Surveillance and Compliance (‘MSC’) which comes into force on 16 July 2021 in Northern Ireland. MSC is part of the EU regulatory framework for goods, replacing the market surveillance provisions (Articles 16-29) of the Regulation on Accreditation and Market Surveillance (‘RAMS’, Regulation (EC) No 765/2008). Most provisions of MSC will be directly applicable, but certain provisions require further implementation to take effect. This instrument will make provision in respect of market surveillance for the products placed on the market in Northern Ireland. |
|
|
Taxation (Cross-border Trade) (Miscellaneous Amendments) (EU Exit) Regulations 2021 |
10/06/21 |
This instrument extends the end date for the transitional Entry in Declarant’s Records (EIDR) simplified customs declaration process (‘delayed declarations’). Delayed declarations were introduced to ease Great Britain’s business community into the new customs regime after the end of the transition period following the withdrawal of the United Kingdom (UK) from the European Union (EU). Under delayed declarations, importers (or their agents) can make a simplified customs declaration in their commercial records at the time of, or before, import and delay providing the second part of the declaration (a transitional supplementary customs declaration) to HMRC no later than the end of a period specified by HMRC in a notice (currently 175 days from the date of importation). This facility may only be used to declare goods imported on or before 30 June 2021. This instrument extends the end date that this facility can be used from 30 June 2021 to 31 December 2021. This instrument also extends the end date of mandatory postponed Value Added Tax (VAT) accounting, for VAT registered businesses making delayed declarations, from 30 June 2021 to 31 December 2021. Postponed VAT accounting requires import VAT to be accounted for on a VAT return for the accounting period in which the goods are imported. This instrument also makes changes to the period in which operators or consignees, who import oil, gas and electricity through pipelines and cables (referred to as ‘fixed transport installations’) must make a supplementary customs declaration in order to comply with the EIDR procedure. This is to provide additional time for these operators and consignees to become accustomed to the new customs processes for the goods imported through these installations. This instrument also increases the value threshold above which goods exported outside the UK by post cannot be declared by conduct. ‘By conduct’ in this regard means exporting goods outside the UK using the UK’s postal service. The threshold has been increased from £900 to £1,000. |
Last udated 24 June 2021
