Category 1: "No Further Action" areas

BEIS

Consumer law including protection and enforcement

x

A body of law providing rights and protections for consumers consisting of principles-based, enforcement and sector-specific legislation, including Unfair Contract Terms (93/13/EC), Consumer Rights (2011/83/EC), Unfair Commercial Practices (2005/29/EC), and a cross-border Consumer Protection Cooperation Regulation (EC 2006/2004).

BEIS

Carbon capture and storage

x*

x*

x*

Directive 2009/31/EC on the geological storage of CO2 establishes a legal framework for the environmentally safe geological storage of CO2 to contribute to combating climate change.

BEIS

Elements of Employment law

x

Employment law is not an exclusive EU competence but there are a number of directives concerning individual and collective rights implemented in UK law, including the Working Time Directive 2003/88/EC and Pregnant ⁴Workers Directive 1992/85/EEC. EU law sets the minimum standards and Member States (and DAs, where competence is devolved) may legislate freely above this level.

BEIS

Environmental law concerning energy industries

x*

x*

x*

EU legislation contains rules and environmental standards relevant to offshore oil and gas exploration and production, offshore gas unloading and storage, and offshore carbon dioxide storage activities.

BEIS

Heat metering and billing information

x

x*

Energy Efficiency Directive 2012/27/EU sets duties for heat suppliers in respect of installing and maintaining heat metering devices and billing, minimum requirements for billing information, and determination of cost effectiveness and technical feasibility.

BEIS

Energy Efficiency Directive and High efficiency cogeneration / Combined Heat and Power (EED/CHP)

x*

x*

x*

The Energy Efficiency Directive (2012/27/EU) sets energy efficiency targets and other requirements to encourage and improve energy efficiency.

Measures that promote the use of high-efficiency cogeneration (Combined Heat and Power) in order to increase the energy efficiency and improve the security of energy supply (Energy Efficiency Directive 2012/27/EU).

BEIS

Internal energy market / Third Energy Package

x

Package of legislation on the development of the internal energy market, particularly cross-border trading.

BEIS

Onshore Hydrocarbon licensing

x

x

x

Directive 94/22/EEC sets the conditions for tendering and determining applications for hydrocarbon licenses and imposes restrictions on the terms which may be included in licences and their extension.

BEIS

Renewable Energy Directive

x*

x*

x*

The Renewable Energy Directive (2009/28/EC) places a 15% renewable energy target, and a 10% renewable energy sub target for the transport sector on the UK. The Directive sets out a number of other measures and frameworks to support the production and promotion of energy from renewable sources.

BEIS

Security of supply (emergency stocks of oil)

x*

Directive 2009/119/EC obligates Member States to maintain emergency stocks of crude oil and petroleum products.

BEIS

Security of supply (gas)

x

Regulations concerning the security of gas supply, preventing potential supply disruptions and supporting a response to them should they occur. The regulations also create common standards to measure serious threats and define how much gas is needed to be able to supply households and vulnerable consumers.

BEIS

Environmental law concerning energy planning consents

x*

x*

Directives set outprovisions for Environmental Impact Assessments for generating stations and overhead lines (85/337/EEC, 97/11/EC, 2003/35/EC, 2009/31/EC, 2011/92/EU and 2014/52/EU).

BEIS

Transport of dangerous goods and transportable pressure equipment - Class 7 only

x

Regulation establishes a common regime for all aspects of the transport of radiological (Class 7) dangerous goods, by road, rail, and inland waterway, subject to some national derogations. It links to the Euratom legislation Directive2008/68/EC on the inland transport of dangerous goods.

BEIS

GEO-Blocking

x*

x*

x*

Regulation prohibits blocking or redirecting users away from versions of websites available to other EU nationals. It therefore prohibits discriminatory terms of access on the basis of location in EU when purchasing distance goods, wholly online services, and services tied to a specific location (some exceptions apply), as well as discrimination based on place of issue of the payment method.

Cabinet

Office

Voting rights and candidacy rules for EU citizens in local government elections

x

x

Article 20(2)(b) TFEU, Article 22 TFEU sets out that all parts of the UK must allow EU citizens the right to vote and stand in local government elections. In England and Wales local elections also include Police and Crime Commissioner elections, mayoral elections and combined authority mayoral elections. This is set out in detail in UK legislation, specifically in Section 4 of the Representation of the People Act 1983.

DCMS

The Rental and Lending Directive (concerning public library lending)

x

The lending articles of this Directive give rightholders the right to allow or to prohibit the lending of their work. The Directive also allows Member States to derogate from the lending right in respect of public lending, provided that at least the author obtains remuneration.

DEFRA

Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS)

x

x

x

Rules set up under the Nagoya Protocol to help preserve biodiversity regulate access to the & genetic resources of other countries and how the benefits from research and development using these resources are shared with the provider country. Implemented into EU Law under Regulation (EU) No 511/2014 with Regulation (EU) 2015/1866 providing implementation for register of collections, monitoring user compliance and best practices.

DEFRA

Flood Risk Management

x

x

x

These policies and regulations (primarily the EU Floods Directive) aim to reduce the risks to people, properties and infrastructure from flooding and coastal erosion.

DEFRA

Management of Waste from Extractive Industries

x*

x*

x*

The Directive is concerned with the management of waste from extractive (mining) industries.

Specific EU Directives 2006/21/EC and the three Seveso-Directives (82/501/EEC, 96/82/EC, 2012/18/EU) relating to the disposal of waste and overlapping safety of operations. Interaction with UNECE workshops in providing best practice guidance and Eurasian standards. Further interactions based on industry specific circumstances e.g. Water Framework Directive 2000/60/EC. Directive 2011/92/EU outlines future operational planning under Environmental Impact Assessments.

DEFRA

Marine Environment

x

x

x

Rules relating to management and protection of, but not limited to, marine pollution, litter, biodiversity, food webs and seafloor integrity. Implemented under Directives 2008/56/EC, 2017/845/EU with reference to the OSPAR Convention between the governments of North-East Atlantic.

DEFRA

Natural Environment and Biodiversity

x*

x*

x*

Policies and common standards covering the conservation of the UK’s terrestrial, freshwater and marine species and habitats in compliance with international obligations such as the Convention on Biological Diversity. This is joined by EU Regulations (EU) No 1143/2014, (EU) No 1143/2014, and (EEC) No 3254/91 and Directives 2009/147/EC, 92/43/EEC, 1999/22/EC, and 83/129/EEC. This particularly concerns the network of sites which currently form part of the EU’s Natura 2000 (N2K) network.

DEFRA

Spatial Data Infrastructure Standards

x

x

x

EU INSPIRE system under Directive 2007/2/EC that ensures a harmonised approach to spatial data publishing to improve environmental reporting.

DEFRA

Water Quality

x

x

x

These policies and regulations (primarily the EU Water Framework Directive and the EU Drinking Water Directive) aim to improve the ecological and chemical status of the UK’s rivers, lakes, estuaries, coastal waters and groundwater, and provide safe, quality drinking water.

DEFRA

Water Resources

x

x

x

These policies and regulations cover the provision of sustainable, safe and affordable water supplies for households, businesses, energy production and agriculture.

DEFRA

Land use

x*

x*

x*

Elements of Environmental Impact Assessment Directive and Strategic Environmental Assessment Directive cover rural land use.

DEFRA

Forestry(domestic)

x*

x*

x*

These policies and regulations cover timber production and woodland management, including EU Environmental Impact Assessment.

DEFRA

Noise directives

x

x

x

The Directive is concerned with noise mapping and action planning and does not address trade or cross­border issues.

DfT

Airport charges

x

Relating to Directive 2009/12/EC on airport charges.

DfT

Air Passenger Rights

x*

Regulation 1107/2006 imposes certain obligations on airports in respect of passengers with disabilities and reduced mobility (specifically Articles 5-9)

DfT

Aviation - compensating PSO air routes

x*

x

Relating to regulation (EC) 1008/2008 on the Operation of Air Services (Articles 16-18).

DfT

Aviation - groundhandlin g at airports

x

Relating to Directive 96/67/EC on access to the groundhandling market at certain airports.

DfT

Aviation noise management at airports

x*

Regulation 598/2014, establishing rules and procedures with regard to the introduction of noise-related operating restrictions at airports within a balanced approach.

DfT

Aviation Slots

x

Regulation 95/93 on common rules for the allocation of slots at airports.

DfT

Bus Franchising rules

x

x

x

Regulation (EC) 1370/2007 as amended by 2016/2338 relating to the way in which competent authorities are able to award public passenger services contracts.

DfT

Cableways

x

EU Regulation 2016/424 on cableway installations and repealing Directive 2000/9/EC relating to cableway installations designed to carry persons.

DfT

Driver hours and tachographs

x

Regulations around working hours and break requirements for commercial vehicle drivers and requirements for the installation and use of tachograph devices to record driver activities (EU regulations 561/2006 and 165/2014). Also, mobile road transport working time rules (Directive 2002/15/EC).

DfT

Electronic road toll systems

x

x

x

Directive 2004/52/EC on interoperability of electronic road toll systems and EU Regulation 219/2009.

DfT

Elements of harbours (marine environment issues)

x

x*

x*

Directive 2011/92 amended by Directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment.

DfT

Maritime - public service contracts/oblig ations, and financial assistance for shipping services which both start and finish within Scotland/to, from  and within Wales

x

x

Regulation 3577/92 that applies the principle of freedom to services to provide cabotage maritime transport.

DfT

Maritime - ports services and port reception facilities, including for ship-generated waste

x*

x*

x*

Regulation 2017/352 that establishes a framework for the provision of port services and common rules on the financial transparency of ports.

Directive 2000/59 contains a mix of competence and is relevant here insofar as it relates to harbours only.

DfT

Maritime Employment and Social Rights

x

Directives and Regulations relating to employment, social rights and health and safety for seafarers on ships. These rules cover, inter alia, coordination of social security systems, and the minimum safety and health requirements for improved medical treatment on board vessels.

DfT

Passenger rights (rail)

x

Regulation (1071/2009) establishing common rules for the licensing of commercial goods and passenger transport operators.

DfT

Rail franchising rules - insofar as they do not relate to state aid rules

x

Regulation (EC) 1370/2007 as amended by 2016/2338 relating to the way in which competent authorities are able to award public passenger services contracts.

DfT

Rail markets and operator licensing (governance, structure, track access & charging)

x*

Directive 2012/34/EU, to be amended by Directive 2016/2370/EU (both part of the market pillar of the 4th railway package) which recasts a number of EU Directives and establishes a single European railway area with common rules on: the governance of railway undertakings and infrastructure managers, infrastructure financing and charging, conditions of access to railway infrastructure and services and regulatory oversight of the rail market.

DfT

Rail markets - train driving licenses and other certificates

x

Directives 2007/59/EC and 2014/82/EU on train driving licensing rules, setting out the conditions and procedures for the licensing and certification of train drivers operating in the EU.

DfT

Rail safety

x

Directive 2004/49/EC on safety on the Community’s railways and amending Council Directive 95/18/EC (which will be replaced by Directive 2016/798 in June 2019 or 2020 - technical pillar of 4th railway package) along with relevant Regulations and Decisions.

DfT

Rail Workers Rights Directive

x

Directive 2005/47/EC on the agreement between the social partners on working conditions of mobile workers engaged in cross-border rail services, supplementing the Working Time Directive (Directive 1993/104/EC).

DfT

Retrofitting of HGV mirrors

x

Directive 2007/38/EC on the retrofitting of mirrors to registered heavy goods vehicles.

DfT

Road infrastructure safety management

x

x

x

Directive 2008/96/EC on the support of road infrastructure safety management.

DfT

Use of goods vehicles hired without drivers

x

Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road.

DfT

Charging of HGVs

x*

x*

x*

Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures.

DfT

Coach and bus services

x

Regulation 181/2011 that set out the rights of passengers on bus and coach transport.

DfT

Roadworthiness Directive

x

Rules (directives 2014/45/EC and 2014/47/EC) relating to roadworthiness tests for motor vehicles and their trailers, plus associated inspections.

DfT

Speed limitation devices

x

Directive 1992/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles (amended by Directive 2002/85/EEC).

DfT

Driver CPC (certificates of professional competence)

x

Directive 2003/56/EC - transposed by SI 2007/605 - CPC is a condition of access to EU27 under ECMT permit system and likely to be a condition of negotiated agreements with EEA states.

DfT

Mutual recognition of qualifications (but not CPC) (relates specifically to recognition of drivers’ qualifications)

x

Directive 2005/36/EC on the recognition of professional qualifications.

DfT

Safety specifications

x

Directive 91/671/EEC on the compulsory use of safety belts in vehicles of less than 3.5 tonnes (amended by 2003/20/EC).

DfT

Trans European Transport Network

x*

x*

x*

The EU Regulation establishes the trans European transport network, it includes maps of the core and comprehensive networks and sets specific standards to be implemented by 2030 and 2050 respectively. It is the geographic focus for EU transport regulation referencing individual pieces of legislation in different transport modes. .

DfT

Transporting Dangerous Goods by Rail, Road and Inland Waterway Directive

x

Directive covering the carriage of dangerous goods and use of transportable pressure equipment by road, rail and inland waterway.

DHSC

Clinical trials of medicinal products for human use

x

Regulations and Directives on clinical trials on medicinal products for human use.

DHSC

Elements of the regulation of tobacco and related products

x*

x*

x*

Provision made for print and press advertising and promotion of electronic cigarettes in Directive 2014/40/EU on the approximation of the laws, regulations and administrative provisions of the member states concerning the manufacture, presentation and sale of tobacco and related products. Provision made for print and press advertising, display and promotions in Directive 2003/33/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products.

DHSC

Good laboratory practice

x*

x*

x*

Directives relating to the inspection and verification of good laboratory practice and harmonising laws, regulations and administrative provisions on good laboratory practice (Directives 2004/9/EC and 2004/10/EC).

DHSC

Medicine prices

x

Directive 89/105/EEC relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in national health insurance systems.

DHSC

Medicinal products for human use

x

EU Directives and Regulations that relate to medicinal products for human use and, inter alia, lay down procedures for the marketing authorisation, supervision and pharmacovigilance of these products.

DWP

Elements of EU social security coordination

x*

x*

This is an area of shared EU competence for devolved benefits. The EU Social Security Coordination Regulations require Member States to ensure that citizens who exercise their right to free movement are not disadvantaged, e.g. by taking into account periods of residence and work and contributions paid in other Member States when considering the entitlement of claimants for UK benefits, including state pensions. The rules also require the UK to export benefits to persons living in another EU Member State in certain circumstances.

DWP

Private cross

border

pensions

x

EU legislation on the operation of the EEA internal market in financial services allows occupational pension schemes based in one country to operate (have members) in another.

GEO

Equal treatment legislation^[2]

x*

x*

It bans discrimination and harassment in employment on the following grounds: sex, race, age, disability, sexual orientation and religion or belief. It also bans discrimination in the provision of services on grounds of sex and race. It also requires the existence of an equalities monitoring body, such as EHRC.

HSE

Civil use of Explosives

x

Directives setting out the permissions required to transfer, track and trace civil explosives (2008/43/EC) and rules on the product safety and market surveillance of these (2014/28/EU).

HSE

Control of major accident hazards

x

x*

x*

Seveso III Directive on the control of major accident hazards involving dangerous substances (2012/18/EU). This places duties on businesses using dangerous substances to take measures to prevent major accidents to people and the environment. This mainly applies to the chemical manufacture sector but covers any business that uses, produces or stores dangerous substances at or above determined thresholds.

HSE

Genetically modified micro­organisms contained use (i.e. rules on protection of human health and the environment during the development)

x

x*

x*

Directive 2009/41/EC on the contained use of genetically modified microorganisms (GMMs) to protect humans and the environment. This relates to work with GMMs in contained facilities, e.g. a research laboratory or biotechnology production facility, to ensure barriers (containment measures) are in place.

HSE

Health and safety at work

x

Directives, including the Health and Safety At Work Framework Directive (89/391/EEC), that require employers to protect the health and safety of their employees. Requirements cover, inter alia, the general layout of workplaces, hazards at work, specific sectors (e.g. construction, mining and onshore and offshore drilling) and work equipment.

HSE

Ionising radiation (occupational exposures)

x

Ionising radiation occurs as either electromagnetic rays (such as X-rays and gamma rays) or particles (such as alpha and beta particles). It occurs naturally (e.g. radon gas) and can also be produced artificially. Directive 2013/59/Euratom lays down basic safety standards for protection against exposure to ionising radiation. This includes occupational exposures.

MHCLG

Environmental Impact Assessment (EIA) Directive

x

x

x

The Environmental Impact Assessment Directive (85/337/EEC) integrates environmental considerations into the preparation of proposals for development to reduce their impact on the environment.

MHCLG

Energy Performance of Buildings Directive

x

x

x

The Energy Performance of Buildings Directive (2010/31/EU) aims to improve and make transparent the energy performance of buildings.

HO

Police and criminal justice cooperation - practical cooperation - European Judicial Network

x*

x*

Council Decision 2008/976/JHA on the European Judicial Network aims to facilitate judicial cooperation by establishing a network of Contact Points in Member States who are experts in matters such as Mutual Legal Assistance. These Contact Points assist with establishing direct contacts between competent authorities and by providing legal and practical information necessary to prepare an effective request for judicial cooperation or to improve cooperation more generally.

HO

Police and criminal justice cooperation - practical cooperation - Joint Action on Organised Crime

x*

x*

Joint Action 97/827/JHA establishes a peer-evaluation mechanism that enables Member States to evaluate each other on the application and implementation of instruments designed to combat international organised crime.

HO

Police and criminal justice cooperation - practical cooperation - mutual legal assistance

x*

x*

The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (EU MLAC) encourages and facilitates mutual assistance between the judicial, police and customs authorities of Member States on criminal matters.

HO

Police and criminal justice cooperation - data sharing - False and Authentic Documents Online (FADO)

x*

x*

Joint Action 98/700/JHA establishing the European Image Archiving System, also known as False and Authentic Documents Online (FADO), is an EU database that facilitates the exchange of information between document experts in Member States on genuine and false identity documents, visas and border officer stamps used across the EU.

HO

Police and criminal justice cooperation - agencies - EU- LISA

x*

x*

Regulation 1077/2011/EU establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA) - the European Agency responsible for the operational management of large-scale IT systems in the area of freedom, security and justice, including EURODAC, SIS II and the Visa Information System.

HO

Police and criminal justice cooperation - agencies - Eurojust

x*

x*

Council Decision 2002/187/JHA (as amended) setting up Eurojust with a view to reinforcing the fight against serious crime - the EU’s judicial cooperation agency, which supports Member States’ investigation and prosecution agencies in tackling serious cross-border and organised crime. Eurojust helps prevent and resolve conflicts of jurisdiction and facilitates the execution of mutual legal assistance and mutual recognition instruments, such as the European Arrest Warrant (EAW). It also provides funding, technical support and legal expertise on the requirements of different legal systems.

HO

Police and criminal justice cooperation - agencies - Europol

x*

x*

Regulation 2016/794/EU on the European Union Agency for Law Enforcement Cooperation (Europol) - an EU agency that assists Member States’ law enforcement agencies in tackling cross-border crime by supporting practical cooperation for cross-border investigations; holding central databases with information on suspected criminals and objects associated with crime; and providing analytical support to make links between crimes committed in different countries.

HO

Police and criminal justice Cooperation - data sharing - European Criminal Records Information System (ECRIS)

x*

x*

Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States and Council Decision 2009/316/JHA on the establishment of the European Criminal Records Information System (ECRIS) - a secure electronic system providing for the exchange of information between Member States’ authorities in relation to criminal records. It also places requirements on Member States to hold the criminal records of their nationals for offences committed across the EU.

HO

Police and criminal justice cooperation - data sharing - Prum framework

x*

x*

Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on implementation of 2008/615/JHA created 'Prum', which is both a legal framework requiring Member States to allow the reciprocal searching of each other’s databases for DNA profiles, vehicle registration data and fingerprint (or dactyloscopic) data, and a legal basis for joint operations relating to police cooperation. There is also a communications network enabling exchange of the forms of data set out above.

HO

Police and criminal justice cooperation - data sharing - Schengen Information System (SIS II)

x*

x*

Council Decision 2007/533/JHA on the establishment, operation and use of the second-generation Schengen Information System ('SIS II') (and see also Council Implementing Decision 2015/215) - a system providing law enforcement ‘alerts’, including on wanted or suspected criminals, suspected terrorists, missing people, and stolen or missing property. SIS II is a ‘Schengen’ measure. Whilst the UK is not part of the Schengen border- free zone, we have agreed access to SIS II for law enforcement purposes.

HO

Police and criminal justice cooperation - minimum standards legislation - cybercrime

x*

x*

Directive 2013/40/EU establishes common minimum standards for the definition of criminal offences and sanctions in the area of attacks against information systems. This measure also aims to facilitate the prevention of cybercrime and to improve cooperation between judicial and other competent authorities.

HO

Police and criminal justice cooperation - minimum standards legislation - human trafficking

x*

x*

Directive 2011/36/EU establishes common minimum standards for the definition of criminal offences and sanctions in the area of trafficking in human beings. This measure also introduces common provisions on the prevention of human trafficking and the protection of victims of human trafficking.

HO

Police and criminal justice cooperation - practical cooperation - asset recovery offices

x*

x*

Council Decision 2007/845/JHA concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or property related to, crime. AROs are national central contact points that facilitate EU-wide identification and tracing of assets derived from crime.

The UK’s ARO is housed within the UK Financial Intelligence Unit in the National Crime Agency.

HO

Police and criminal justice cooperation - practical cooperation - basic cooperation legislation on child sexual exploitation

x*

x*

Council Decision 2000/375/JHA sets common rules requiring all Member States to set up 24 hour contact points to receive and act on intelligence related to child pornography or indecent images of children.

HO

Police and criminal justice cooperation - practical cooperation - Convention Implementing the Schengen Agreement (law enforcement cooperation)

x*

x*

The law enforcement cooperation provisions of the Convention implementing the Schengen Agreement aim to tackle the threat of cross-border crime within the Schengen Area by facilitating police cooperation and cross­border surveillance. In particular, Article 40 provides that law enforcement in one Member State who have a suspect under surveillance can continue their surveillance of that suspect in the territory of another Member State as long as the latter has authorised it. Member States can also request for other Member States to undertake the surveillance of a suspect on their behalf.

HO

Police and criminal justice cooperation - practical cooperation - European Investigation Order

x*

x*

The European Investigation Order Directive (2014/41/EU) aims to make judicial cooperation in assisting in the investigation and prosecution of criminal offences on investigations between EU Member States faster and more efficient. The new measure standardised requests made between EU Member States for information and evidence, allows for there to be mutual recognition of judicial decisions from other Member States and sets deadlines for recognising and executing requests.

HO

Police and criminal justice cooperation - practical cooperation - joint investigation teams

x*

x*

Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams. A JIT is an investigation team set up for a specific purpose and a fixed period, which can be extended, between two or more parties (at least two of which must be a competent authority of an EU Member State) to investigate a specific matter or type of crime.

HO

Police and criminal justice cooperation - practical cooperation - mutual recognition of asset freezing orders

x*

x*

Council Framework Decision 2003/577/JHA covers the mutual recognition and execution in one Member

State of orders freezing property and evidence that were issued in another Member State.

HO

Police and criminal justice cooperation - practical cooperation - mutual recognition of confiscation orders

x*

x*

Council Framework Decision 2006/783/JHA facilitates the mutual recognition and execution in one Member State of confiscation orders issued in another Member State.

HO

Police and criminal justice cooperation - practical cooperation - Swedish initiative

x*

x*

Council Framework Decision 2006/960/JHA (the 'Swedish Initiative'), simplifies the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The Initiative sets out rules for the cross-border exchanges of criminal information and intelligence, ensuring time- bound procedures for cross-border data exchanges.

HO

Regulatory systems - firearms - deactivation standards and techniques

x*

Regulation 2015/2403/EU establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable.

HO

Regulatory systems - firearms - illicit manufacturing and trafficking

x*

Council Decision 2014/164/EU approving Article 10 of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Counterparts and Ammunition; and Regulation 258/2012/EU implementing that protocol by laying down rules governing export authorisation, and import and transmit measures for firearms, their parts and essential components and ammunition.

HO

Regulatory systems - firearms - control on acquisition and possession of weapons

x*

Directive 91/477/EEC, as amended by Directives 2008/51/EC and EU/2017/853, on the control of the acquisition and possession of weapons, setting out certain minimum standards for the circulation of firearms within the EU.

HO

Police and criminal justice cooperation - practical cooperation - cooperation on football disorder

x*

x*

Council Decision 2002/348/JHA that sets up National Football Information Points in each Member State.

These Information Points share information and intelligence for facilitating international police cooperation in connection with international football matches.

HO

Police and criminal justice cooperation - accreditation of Forensic Service Providers (FSP) and mutual recognition of results of FSPs - Prum Framework

x*

x*

Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities, requires Member States to ensure that FSPs undertaking laboratory activities in relation to DNA and fingerprints are accredited to international standard EN ISO/IEC 17025. Member States must also ensure that national authorities recognise the results of accredited FSPs in other MS as equally reliable as the results of domestic FSPs.

HO

Police and criminal justice cooperation - agencies - CEPOL

x*

x*

Council Decision 2005/681/JHA establishing the European Police College (CEPOL) - a European agency that brings together a network of training institutes for law enforcement officials and supports them in frontline training on security priorities, law enforcement cooperation and information exchange.

HO

Police and criminal justice cooperation - data sharing - passenger name records (PNR)

x*

x*

Directive 2016/681/EU creates a common legal basis for Member States to process passenger name record (PNR) data in order to prevent, detect, investigate and prosecute terrorist offences and serious criminal offences. PNR data is personal information provided by passengers and collected and held by airlines. It includes the name of the passenger, travel dates, itineraries, seats, baggage, contact details and means of payment. It can be used by law enforcement authorities in different countries to identify criminal and terrorist movements.

HO

Regulatory systems - minimum standards legislation - the protection of animals used for scientific purposes

x

Directive 2010/63/EU implementing common minimum standards for the protection of animals used for experimental and scientific purposes. This is implemented through the use of risk-based inspections and increased transparency. Sets out a licencing regime covering establishments, people, and projects using animals in science and broader principles of animal welfare.

MoJ

Civil judicial co-operation - applicable law in contracts

and non­contractual obligations

x

x

Rome I Regulation (593/2008) covers applicable law in contracts. Rome II Regulation (864/2007) covers applicable law in non-contractual obligations.

MoJ

Civil judicial co-operation - cross border

mediation

(Mediation

Directive)

x

x

The Mediation Directive (2008/52) facilitates access to alternative dispute resolution and promotes amicable settlement of disputes through the use of mediation in cross-border disputes.

MoJ

Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments in civil and commercial matters

x

x

The Brussels I Regulation (1215/2012) covers jurisdiction and recognition and enforcement of judgments and applies between EU Member States. Insolvency Regulation (1346/2000 and 2015/848) covers jurisdictional rules and applicable law and recognition of insolvency proceedings in cross-border insolvencies.

MoJ

Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments: instruments in family law

x

x

The Brussels IIa Regulation (2201/2003) covers jurisdictional rules in matrimonial and parental responsibility matters and the recognition and enforcement of judgments. The Maintenance Regulation (4/2009) covers rules for determining which court has jurisdiction, and the recognition and enforcement of maintenance decisions. Regulation on protection measures in civil matters (606/2013) covers recognition and enforcement of protection measures, including for victims of domestic violence.

MoJ

Civil judicial co-operation - legal aid in cross border cases

x

x

The Legal Aid Directive (2002/8) establishes common minimum rules for the grant of legal aid in cross-border disputes.

MoJ

Civil judicial co-operation - service of documents and taking of evidence

x

x

EU Service Regulation (2007/1393) covers rules for serving documents in other EU countries. Taking of Evidence Regulation (2001/1206) covers cross-border processing of requests to take evidence. European Judicial Network in Civil and Commercial Matters (2001/470) facilitates cross-border cooperation for judges and practitioners and access to justice for those involved in disputes.

MoJ

Civil judicial co-operation - uniform fast track procedures for certain civil and commercial claims

x

x

The Small Claims (861/2007 revised by 2015/2421), Enforcement Order (805/2004) and Order for Payment (1896/2006) Regulations facilitate means for obtaining decisions on claims that can be enforced throughout the EU.

MoJ

Criminal offences minimum standards measures

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x

The Combating Child Sexual Exploitation Directive (2011/92) establishes common minimum rules concerning the definition of criminal offences and sanctions in the area of sexual abuse and sexual exploitation of children, child pornography and solicitation of children for sexual purposes. It contains provisions aimed at preventing these crimes and protecting victims.

MoJ

Mutual recognition of criminal court judgments measures and cross border cooperation

x

x

Mutual Recognition of Financial Penalties (MRFP) (2005/214) provides for Member States to recognise and enforce financial penalties (of over 70 euros) issued by judicial or administrative authorities of another

Member State, in which the person required to pay the fine is normally resident or has property or income. It covers criminal financial penalties including those imposed for road traffic offences.

The Criminal European Protection Order (2011/99) allows individuals, including domestic violence victims, to have the terms of certain protection measures that are issued in one Member State recognised and, if necessary, enforced in any other EU Member State.

Prisoner Transfer Framework Decision (PTFD) (2008/909) is the principal mechanism for transferring prisoners between EU Member States.

European Supervision Order (ESO) (2009/829) establishes a legal framework that enables the court in a Member State which is prosecuting a suspect for a crime committed there to allow the suspect to go to another (usually their 'home') Member State to await trial, and for the “home” country to assume responsibility for supervising compliance with the conditions of that bail.

Victims Compensation Directive (2004/80) requires Member States to set up a system of cooperation to facilitate access to compensation to victims of crimes in cross-border situations, which should operate on the basis of Member States' schemes on compensation to victims of violent intentional crime, committed in their respective territories.

MoJ

Procedural rights (criminal cases) - minimum standards measures

x

x

The Right to Information in Criminal Proceedings Directive (20012/13) sets common minimum standards for information to be provided to people suspected or accused of having committed a criminal offence. The Interpretation and Translation Directive (2010/64) sets common minimum standards on interpretation and translation in criminal proceedings throughout the EU.

MoJ

Provision of legal services (temporary and permanent basis)

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x

Lawyers Establishment Directive (98/5) provides the framework for permanent establishment of lawyers from one EU member state in another, under home or host state title. Lawyers Services Directive (77/249) provides the framework for temporary provision of legal services under home state title (including fly-in/fly-out). (Both Directives apply only to specified titles. In the UK, these are solicitor, barrister, advocate.)

MoJ

Sentencing - taking convictions into account

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x

Framework Decision on taking convictions into account (2008/675) requires the national criminal courts of all Member States to take account of a defendant’s known previous convictions in other Member States to the extent previous national convictions are taken into account.

MoJ

Victims’ rights measures in criminal cases - minimum standards (Victims’ Rights Directive)

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x

Victims’ Rights Directive (2012/99) sets common minimum standards on the rights, support and protection afforded to the victims of crime across all Member States.