UK exits the EU (UK-EU Future Relationship White Paper)

Following the Chequers Statement, that has been widely published in UK media, the UK Secretary of State for Exiting the European Union (DExEU) has today (12th July) issued the long awaited UK White Paper setting out the UK proposals for the UK-EU Trade Deal (the Future Relationship).

The Chequers Statement is here.

The UK issued White Paper is here.

Please read these in the context of the EU issued Brexit Preparedness Notices (I have posted about these before) here.

A few points to note in the UK issued White Paper :

(1) Paragraph 30 – the UK seeks participation in the ECHA, EMA and EASA. Re the ECHA, the UK seeks to ensure UK businesses could continue to register substances directly with the ECHA, rather than working through an EU-based representative.

(2) Paragraph 36 – the UK will tailor its food policy (including food labelling) locally.

UK-EU negotiations will re-commence with the EU on Monday.

The UK will bring forward it’s separate White Paper on the EU (Withdrawal and Implementation) Bill shortly. This Bill will give effect to the UK-EU Withdrawal Treaty. Prior to publication by the UK of this Future Relationship White Paper, EU had confirmed 80% of the UK-EU Withdrawal Treaty had been agreed.

The UK Trade Bill and Taxation (Cross-border Trade) Bills return for their Third Reading next week.

UK exits the EU (Brexit Preparedness)

A further EU Notice is issued – on aviation and maritime security – here.

This is a Notice to stakeholders, particularly airports and ports, and their contractors, that UK citizens and baggage will be subject to additional screening measures after Brexit.

The Notice identifies the third country lists that might be available to the UK. For example, Guernsey, Jersey and the Isle of Man are already part of the special arrangement known as annex 5-A (see image). It may be possible to extend this.

For shipping, ferry services from the UK “will be subjected to the mandatory provision of security information” before being allowed to dock at ports in the EU.

Please make sure you check all the Notices issued in the EU Brexit Preparedness area, if you have not already done so – here.

Commencement of European (Withdrawal) Act 2018 (UK)

The first Statutory Instrument was made yesterday (3rd July 2018) under the European Union (Withdrawal) Act 2018. It is called The European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018 – here.

These Regulations commence from 4th July 2018 more parts of the European Union (Withdrawal) Act 2018, specifically the sections that provide for the making by Government departments of Statutory Instruments to aid a smooth and orderly exit from the EU.

We can now expect a large number of Statutory Instruments to be made, and the effect of these on the laws that are already in place could be quite intricate.

I will begin to compile these, and as I have said in earlier posts, these will be corralled into one webpage linked from the top right hand side of the ENV and OHS Legislation Registers. Please continue to pay close attention to this Blog.

Note : Section 1 which repeals the European Communities Act 1972 is not commenced by this Instrument, and it remains in force for the moment.

Also, some sections of the 2018 Act were already commenced by the Act itself, on Royal Assent, specifically section 20 Interpretation, it is in this section 20 that the exit date is defined to be the 29 March 2019 at 11pm. Also section 16 Environmental Principles was commenced on Royal Assent (26 June 2018)

Further Instruments (not yet made) will commence other parts of the European Union (Withdrawal) Act 2018.

The photograph is Steve Baker MP, Minister at DExEU, signing this first Statutory Instruments.

Statutory Instruments are secondary legislation, they do not necessarily need to be debated or voted on.

National Emission Ceilings Directive (EU)

In 2011-2013 the Commission conducted a review of the EU air policy which resulted in the adoption of the Clean Air Policy Package. As part of the package, the Commission proposed a Clean Air Programme for Europe, updating the 2005 Thematic Strategy on Air Pollution in order to set new objectives for EU air policy for 2020 and 2030.

The main legislative instrument to achieve the 2030 objectives of the Clean Air Programme is new Directive 2016/2284/EU on the reduction of national emissions of certain atmospheric pollutants which entered into force on 31 December 2016. This Directive sets national reduction commitments for the five pollutants (sulphur dioxide, nitrogen oxides, volatile organic compounds, ammonia and fine particulate matter) responsible for acidification, eutrophication and ground-level ozone pollution which leads to significant negative impacts on human health and the environment.

The new Directive repeals and replaces Directive 2001/81/EC, the National Emission Ceilings Directive (NEC Directive) from the date of its transposition (30 June 2018) ensuring that the emission ceilings for 2010 set in that Directive shall apply until 2020. Directive 2016/2284 also transposes the reduction commitments for 2020 taken by the EU and its Member States under the revised Gothenburg Protocol and sets more ambitious reduction commitments for 2030 so as to cut the health impacts of air pollution by half compared with 2005.

Directive 2016/2284/EU is here. A Q&A about the Directive is here.

Some customers have already requested this Directive or have the Directive already. The national implementing regulations will be inserted into the ENV Air Register. Email Alerts will be sent out. If you need this Directive (and it’s local implementing regulations), please email me direct.

The role of the Member States in coordinating and implementing the Directive at national level is very important. Member States must transpose the Directive into national legislation by 30 June 2018 and produce a National Air Pollution Control Programme by 2019 setting out measures to ensure that emissions of the five main air pollutants are reduced by the percentages agreed by 2020 and 2030.  They must also coordinate with plans in fields such as transport, agriculture, energy and climate.

The Commission will work with Member States to ensure sound implementation, for example by setting up a new Clean Air Forum by autumn 2017. This will bring together stakeholders to exchange experience and good practice. The Commission will also facilitate access to EU funding instruments.

BREXIT : the UK has enacted implementing regulations (in force 1st July 2018) – here

The obligations rest with national implementing authorities, the new National Emission Ceilings Directive does not create direct obligations for facility managers or owners.