Secondary legislation which implements the Ireland / Northern Ireland Protocol
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SI Title |
Laid date |
Department |
SI Summary |
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Environment and Wildlife (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
12/10/2020 |
DAERA/Protocol |
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. |
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Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 |
12/10/2020 |
Transport/Protocol |
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. |
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Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020 |
13/10/2020 |
Economy / Protocol |
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. |
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Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
14/10/2020 |
Protocol / Food Standards Agency |
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. |
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Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 |
14/10/2020 |
Protocol |
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. |
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Construction Products (Amendment etc.) (EU Exit) Regulations 2020 |
15/10/2020 |
Infrastructure/Protocol |
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. |
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15/10/2020 |
Protocol |
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. |
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15/10/2020 |
Protocol |
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. |
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19/10/2020 |
DAERA |
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. |
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19/10/2020 |
DAERA |
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). |
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19/10/2020 |
DAERA |
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. |
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19/10/2020 |
DAERA |
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. |
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19/10/2020 |
DAERA |
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 ). |
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20/10/2020 |
Health |
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. |
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20/10/2020 |
DAERA |
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. |
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20/10/2020 |
DAERA |
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. |
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Animal Welfare and Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2020 |
21/10/2020 |
DAERA |
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. |
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21/10/2020 |
Finance |
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. |
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The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 |
21/10/2020 |
Protocol |
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). |
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Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 |
22/10/2020 |
DAERA |
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. |
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Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 |
22/10/2020 |
DAERA |
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. |
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Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 |
22/10/2020 |
Protocol |
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. |
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02/11/2020 |
DAERA |
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. |
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02/11/2020 |
DAERA |
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. |
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Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 |
02/11/2020 |
Protocol |
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 ). |
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Veterinary Medicines and Residues (Amendment) (EU Exit) Regulations 2020 |
02/11/2020 |
DAERA |
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. |
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Customs (Declarations) (Amendment and Modification) (EU Exit) Regulations 2020 |
09/11/2020 |
Protocol |
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. |
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The Medical Devices (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/2020 |
Health |
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. |
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The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 |
10/11/2020 |
DAERA |
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. |
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The Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 |
10/11/2020 |
DAERA |
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 ). |
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17/11/2020 |
DAERA |
The purpose of this instrument is to implement the Protocol to the Withdrawal Agreement on Ireland/Northern Ireland ( the Protocol ). The Protocol sets out that certain provisions of Union law listed in the Protocol shall apply under certain conditions in the United Kingdom in respect of Northern Ireland. At Annex 2 of the Protocol, which concerns customs and the movement of goods, the Protocol lists Directive 2004/42/EC on the limitation of emissions of volatile organic compounds from certain paints and varnishes and vehicle refinishing products (the VOCs in Paints Directive ). At Annex 4, which concerns the supply of electricity, trading in wholesale electricity or cross-border exchanges in electricity, the Protocol lists Directive 2010/75/EU ( the Industrial Emissions Directive ). This instrument will ensure that the UK meets its obligations under the Protocol in respect of the products covered by the VOCs in Paints Directive and activities that come within the Industrial Emissions Directive (in so far as they meet the limitations set out in the Protocol). It does this by amending the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 (2018/1407) and the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (2019/74) so that the legislation amended by those instruments continues to apply in the UK in respect of Northern Ireland in a manner which reflects the requirements of the Protocol. |
