Category 2: Non-legislative areas
22 Policy areas where we think that common rules of ways of working will be needed and we expect to implement this through a nonlegislative common framework agreement. In some of these areas, consistent fixes to retained EU law (made using secondary legislation) will create a unified body of UK law alongside the non-legislative framework agreement.
Responsible UK Government Department | Area of EU Law | Devolution Intersect | Additional Information - what the EU law does | ||
NI | S | W | |||
BEIS | Company law | x |
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These Directives and Regulations cover aspects of the life cycle of a company, including company formation, capital & disclosure requirements, cross border mergers, shareholders rights, accounting and reporting, and audit. Regulations set out the framework for certain EU-specific legal entities. Also includes the establishment of branches, subsidiaries and agencies in other Member States, underpinned by Treaty Article 49. |
BEIS | Late payment (commercial transactions) | x | x | x |
Late Payment Directive (2011/7/EU) protects businesses within the EU against late payment in commercial transactions. |
BEIS | Radioactive substances | x* | x* | x* |
Directive establishes a framework for responsible and safe management of spent fuel and radioactive waste, both for current workers and the general public, and to avoid imposing burdens on future generations. |
BEIS | Recognition of insolvency proceedings in EU Member States | x | x* |
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Regulation 2015/848 on Insolvency Proceedings focusses on resolving conflicts of jurisdiction and crossborder insolvencies, providing rules to determine which EU states' courts have jurisdiction to open insolvency proceedings, ensuring that those proceedings and their effects are recognised throughout the EU, and coordinating between proceedings in different member states. This Regulation recasts and supersedes an earlier instrument, Regulation 1346/2000. |
EIS | Specified quantities and packaged goods legislation | x* |
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EU law sets the rules for quantity control, quantity labelling and specified quantities for packaged goods. |
Cabinet Office | Public procurement | x* | x* | x* |
The regime provided by the EU procurement Directives, covering public procurement contracts for supplies, services, works and concessions above certain financial thresholds awarded by the public sector and by utilities operating in the energy, water, transport and postal services sectors (Directives 2014/24/EU, 2014/25/EU and 2014/23/EU). |
Cabinet Office | Statistics | x* | x* | x* |
Provision of prescribed datasets to the EU on a wide variety of topics (statistics is cross-cutting). |
DEFRA | Air Quality | x | x | x |
Policies, directives and regulations that aim to reduce harmful emissions and concentrations of air pollutants that can damage human health and the environment, including in relation to national emission ceilings, ambient air quality, industrial emissions and relevant product standards (Directives 2008/50/EC, 2004/107/EC). This includes regulations that implement international commitments under the UNECE Convention on Long-range Transboundary Air Pollution and Kiev Protocol to the UNECE Aarhus Convention. |
DEFRA | Best available Techniques | x | x | x |
Industrial facilities undertaking specific types of activity are required to use Best Available Techniques (BAT) to reduce emissions to air, water and land. BAT means the available techniques which are the best for preventing or minimising emissions and impacts on the environment. The Industrial Emissions Directive aims to prevent and reduce harmful industrial emissions, while promoting the use of techniques that reduce pollutant emissions and that are energy and resource efficient. The UK government will put in place a process for determining future UK BAT Conclusions for industrial emissions. This would be developed with the devolved administrations and competent authorities across the UK. |
DfT | Commercial Transport | x |
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Regulations 1072/2009 (for goods vehicles), 1073/2009 (for road passenger transport), and Directive EC 1992/106/EC Directive for Combined Transport (including access). All these rules involve access arrangements for non-UK vehicles and may be affected (and need to be consistent with) international agreements. This framework was previously called: Access for non-UK hauliers and passenger transport operations, plus combined transport. |
DfT | Intelligent transport systems | x* | x* | x* |
Policies and common standards relating to national electronic registers and data for intelligent transport systems. This includes Regulations made under Directive 2010/40. |
DfT | Operator licensing (roads) | x |
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Regulation (1071/2009) establishing common rules for the licensing of commercial goods and passenger transport operators. The Regulations/Directive require the UK to recognise the Operator’s Licences and associated documents of EU based haulage, bus and coach operators that are issued in other member states. This gives a standard basis for them to operate to/from/within the UK. Operator Licensing requirements are implemented by the Office of the Traffic Commissioner in Great Britain and Department for Infrastructure in Northern Ireland and competent authorities in each of the other member states. These bodies also have a regulatory role in maintaining standards and compliance with the Directives. DVSA in GB and DVA in NI are the enforcement body for breaches of the regulations by EU hauliers, through roadside penalties, prosecution in UK courts or referral back to their home competent authority |
DfT | Rail technical standards (Interoperability) | x* |
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Driver Licensing Directive (roads) and directive and regulations relating to driver certificates of professional competence. Driving licences are governed by several international and EU arrangements, including the UN Conventions on road traffic, which provide for safety and standards. UK photocard licences comply with the format laid out in the 1968 Vienna Convention on Road Traffic. The EU Third Driving Licence Directive provides for mutual recognition and exchange of Member State driving licences. |
DfT | Driver licensing | x |
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Driver Licensing Directive (roads) and directive and regulations relating to driver certificates of professional competence. Driving licences are governed by several international and EU arrangements, including the UN Conventions on road traffic, which provide for safety and standards. UK photocard licences comply with the format laid out in the 1968 Vienna Convention on Road Traffic. The EU Third Driving Licence Directive provides for mutual recognition and exchange of Member State driving licences. |
DfT | Roads - Motor Insurance | x |
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Directive 2009/103/EC. Directive relating to insurance against civil liability in respect of the use of motor vehicles. There are also a number of pieces of domestic HMT legislation which may operate in the area. (This area was previously called Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988). |
DHSC | Nutrition Labelling, Composition and Standards | x* | x* | x* |
Regulations and Directives on the nutrition and health claims made on food; food for special medical purposes and weight control; food intended for infants; the addition of vitamins and other substances to food; and food supplements. |
DHSC | Blood Safety and Quality | x | x | x |
Defines the quality and safety standards for blood and its components as set out in Directive 2002/98/EC. It covers all steps in the transfusion process from donation, collection, testing, processing, and storage to distribution. Its implementation is supported by Commission Directive 2004/33/EC, Commission Directive 2005/61/EC and Commission Directive 2005/62/EC. There are also some specific technical requirements in the following commissioning directives 2009/135/EC, 2011/38/EU, 2014/110/EU, 2016/1214 |
DHSC | Organs, tissues and cells (apart from embryos and gametes) | x | x | x |
Directives setting out standards on the quality and safety of human organs intended for transplantation and tissues and cells for human application as part of medical treatment, and sets out the information procedures for exchange between Member States (Directives 2010/53/EU, 2012/25/EU, 2004/23/EC, 2006/17/EC, 2006/86/EC, 2012/39/EU, 2015/565 and 2015/566). |
DHSC | Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc) | x* | x* | x* | Decision No 1082/2013/EU on serious cross-border threats to health and Regulation 851/2004 establishing a European centre for disease prevention and control. These set rules on epidemiological surveillance, monitoring, early warning of, and combating serious cross-border threats to health, including preparedness and response planning related to those activities, in order to coordinate and complement national policies. It aims to support cooperation and coordination between Member States. |
GEO | Equal Treatment Legislation[1] | x* |
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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. |
MHCLG | Hazardous substances planning | x | x | x |
Ensures that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in land-use policies. This includes controls on the siting of new establishments and modifications to establishments which fall within the scope of the Directive (i.e. storing or using significant amounts of hazardous substances), and on new developments and public areas in the vicinity of such establishments. |
MHCLG | Strategic Environment al Assessment (SEA) Directive | x | x | x |
The Strategic Environmental Assessment (SEA) Directive on the assessment of the effects of certain plans and programmes on the environment. |