Category 3: Legislative areas

BEIS

Implementation of EU Emissions   Trading System (ETS)

x*

x*

x*

Directive 2003/87/EC establishes the European Union Emissions Trading System for greenhouse gases. The Scheme sets a maximum volume of gas that can be emitted by all participating installations and aircrafts. These operators then monitor, verify and report their emissions, and must surrender allowances equivalent to their emissions annually. Allowances are issued either by being sold at auction or allocated for free to some operators, and can be traded, with the price determined by the market.

BEIS (DHSC, MHCLG   DEFRA, DfE and MoJ also have interest)

Mutual recognition of professional qualifications (MRPQ)

x*

x*

x*

The Directive  defines the processes for the recognition for professional qualifications and  professional experience throughout the EU, thereby enabling EU professionals   to work in a regulated profession in an EU country other than that in which  they qualified on either a permanent or temporary basis.

BEIS

Services Directive

x*

x*

x*

The Directive seeks  to realise the full potential of services markets in Europe by removing legal  and administrative barriers to trade, by increasing transparency and by   making it easier for businesses and consumers to provide or use services in   the EU Single Market. The Directive is implemented by the Provision of  Services Regulations in the UK. The Regulations set out rules for how   competent authorities can design authorisation schemes for service providers   in the UK. The Regulations prevent regulators imposing new regulatory or   administrative requirements that act as discriminatory barriers to the provision  of services, ensuring authorisation schemes are proportionate and justified by the public interest.

DEFRA

Agricultural support^[1]

x*

x*

x*

Policies and  Regulations under the EU Common Agricultural Policy covering Pillar 1 (income   and market support); Pillar 2 (rural growth, agri-environment, agricultural   productivity grants or services and organic conversion and maintenance grants); and cross-cutting issues, including cross compliance, finance & controls.

DEFRA

Agriculture - fertiliser regulations^[1]  

x

x

x

Regulations providing common standards for compositional ingredients, labelling,   packaging, sampling and analysis of fertilisers. The UK is also signed up to a number of international agreements (e.g. the Gothenburg Protocol) and EU agreements (the National Ceilings Directive) related to fertiliser regulation.

DEFRA

Agriculture - GMO marketing and cultivation^[1]

x

x

x

Directive 2001/18 - decisions on authorising GMO trials (delegated to   Member States) and on marketing GMOs (decisions taken at EU level).

Regulation 1830/2003 - requires the traceability and labelling of GMOs   approved for marketing.

Regulation 1946/2003 - requires notification to third countries of   proposed GMO exports.

Enforcement powers for these directly applicable Regulations are set   out in parallel SIs in all four nations.

DEFRA

Agriculture - organic farming^[1]

x

x

x

Regulation 834/2007 sets out the principles and overarching standards for organic production certification. Specific Regulations also apply such as 889/2008 on labelling of organic produce and 710/2009 on organic aquaculture.

DEFRA

Agriculture -   zootech^[1]

x*

x*

x*

EU Regulation 2016/1012 replaces a host of current zootech regulations   by species from 1 November 2018. For the purpose of this exercise we treat the EU position as it will be on 1 November 2018 as the relevant framework.

The EU rules support trade of pedigree breeding animals and germinal products by e.g. defining what constitutes “purebred”. They provide for   individual breed societies to be officially recognised and breeding   programmes to be approved by competent authorities. The rules impose rights and obligations on societies and proscribe rules when breeding animals and germinal products are traded between recognised breed societies across the   EU.

DEFRA

Animal health and welfare^[1]

x

x

x

EU rules and standards that aim to maintain animal health and allow their movement, including policies covering: prevention of disease (entering   UK), control of disease (endemic and exotic), surveillance (for exotic disease) movement of livestock, pet passports and veterinary medicines.

EU rules relating to aspects of animal welfare including on-farm issues, movement of livestock and slaughter.

DEFRA and HSE

Chemicals and Pesticides

x*

x*

x*

Regulation of the manufacture, authorisation and sale and use of chemical products primarily through the REACH regulation but also including:   Persistent Organic Pollutants (POPs), Polychlorinated Biphenyls (PCBs) and   Minamata.

Regulations governing the authorisation and use of pesticide products and the maximum residue levels in food, and a framework for action on sustainable use of pesticides.

DEFRA

Fisheries   management & support

x*

x*

x*

Policies and Regulations relating to rules relating to the   sustainability of fisheries (quotas), access to waters, conservation   measures, enforcement and financial support.

DEFRA

Food Compositional Standards and Labelling.^[1]

x

x

x

Minimum standards for a range of specific food commodities such as sugar, coffee, honey, caseins, condensed milk, chocolate, jams, fruit juices and bottled water.

Regulations setting out requirements on provision of information to consumers on food labels.

DEFRA

Ozone depleting   substances and F-gases^[1]

x

x

x

The UK has international obligations under the Montreal Protocol to phase out the use of ODS, phase down hydrofluorocarbons by 85% by 2036, licence imports and exports and report on usage to the UN. EU Regulations and institutions currently deliver these obligations through quota  restrictions, licencing and reporting requirements. The EU Regulations also go further with product bans, leakage controls measures and certification requirements for   technicians.

DEFRA

Plant Health^[1]

x

x

x

Requirements in relation to the import and internal EU movement of   plants and plant products, risk assessment of new plant pests and outbreak   management. Assurance and auditing of policies across the UK to protect plant biosecurity.

DEFRA

Plant varieties and seeds^[1]

x

x

x

Requirements for plant variety rights, registration of plant varieties and quality assurance of marketed seed and propagating material.

DEFRA

Resources and Waste^[1]

x*

x*

x*

Policies and Regulations that aim to meet certain essential product requirements and set product standards including for packaging (e.g. ROHS in   Electrical and Electronic Equipment, Batteries and Vehicles) in order to   manage waste.

Policies and regulations covering waste and its recovery/recycling (Landfill Directive, Waste Framework Directive) including producer   responsibility (reuse/ recovery/ recycling targets under the Waste Electrical   and Electronic Equipment Directive, Batteries Directive, End of Life Vehicles Directive and Packaging Directive). Also covering the shipment of waste.

DHSC

Reciprocal and   cross­border healthcare

x*

x*

x*

Directive 2011/24/EU codified a series of case law. It sets out the conditions under which a patient may travel to another EU country to receive medical care and reimbursement. The requirements under the Directive have been transposed by England,   Wales, Scotland, Northern Ireland and Gibraltar.

Food Standar ds Agency

Food and feed   safety and hygiene law

x

x

x

EU Regulations laying down the general principles and requirements of food and feed safety and hygiene; food and feed law enforcement (official controls); food safety labelling; risk analysis; and incident handling. The regulations set out an overarching and coherent framework for the development   of food and feed legislation and lay down general principles, requirements and procedures that underpin decision making in matters of food and feed safety, covering all stages of food and feed production and distribution.