EU Law in UK 2021 (UK Brexit)

Exit day is 31st January (end of this month)

Implementation period completion day is 31st December (this is the end of the transition period)

The Chancellor speaking to the Financial Times, confirms there will be no dynamic alignment with EU Law after 2020.

I am not yet clear which laws will diverge, but please note the Brexit laws allow divergence, for example the Brexit Agriculture Bill provides for England, Wales and Northern Ireland to create their own marketing standards (Scotland will need to enact its own Brexit Agriculture Bill).

The EU Exit regulations (statutory instruments) we (Cardinal Environment) are consolidating into domestic law only deal with the pre-Brexit period to end Dec 2020.

It is the FT front page today (Saturday 18th January) and the lead on BBC online.

EU Law per se will not apply anyway. Note, there may be some long tail implementation left over from pre-Brexit that will be implemented.

We (Cardinal Environment) are already consolidating the EU Exit regulations into domestic law, and creating the Retained EU Law (EU Regulations, not Directives, that are adopted). Progress in this project can be seen by clicking the Brexit Consolidated Law List on the top right hand side of EHS Legislation Registers & Checklists homepages (both ENV and OHS).

We are working to the deadline of 31st December 2020 for completion of this project.

In addition, EHS Legislation Registers & Checklists will see the home page choice of ENV or OHS have additional Post-Brexit choices, and the existing links relabelled Pre-Brexit.

The Post-Brexit links will direct to shadow Registers & Checklists that will run from the end of Q1 to hit the end Dec 2020 deadline, for switch over to Post-Brexit.

Post-Brexit shadow Registers & Checklists running in 2020 will have Brexit Consolidated Law loaded (accessibility will stay from the main Brexit Consolidated Law list), and will display a changed Register layout.

Post-Brexit EHS Legislation Registers layout – EU Law will be moved from the top to below Guidance. We will still supply up to date EU Law to UK customers, but this is where it will be found. Retained EU Law will be displayed at the top of the Register.

Brexit Law and EU Retained Law (Cardinal Environment Services)

I have posted before that subscribers to Cardinal Environment EHS Legislation Registers & Law Checklists have added to their systems, a continually compiled Brexit Law List.

The European Union (Withdrawal) Act 2018 retains EU law enacted at the exit date, and section 8 of the 2018 Act gives powers to make adjustments in order that this EU Retained Law will operate in the UK after the exit date. These adjustments will be made via Statutory Instruments (Regulations) issued with brackets (EU Exit) in the title, generally. The Brexit Law List compiles OHS and ENV related (EU Exit) Instruments, and others.

It is clear that at least some of the (EU Exit) Instruments amend actual EU Regulations as they apply in the UK. To avoid confusion, we will not consolidate those amendments into the base document, until further on in the Brexit process. Instead we will show the (EU Exit) instrument beneath the EU Regulation as a companion, when we populate out the documents into the Registers from the Brexit Law List.

In due course, further on in the Brexit process, these Retained EU Laws will become England Retained EU Law (consolidated) and ditto other national variants.

An example of an (EU Exit) instrument is here.

Reminder : updated Blog Posts

I updated the Waste (EU) post with an important change. The Waste (UK) post is also updated.

Please make sure to note when I write within a post, that I will update that post.

Post updates are not notified by email, and I don’t issue posts notifying which posts I updated. So keep a record to check the post that’s of interest itself on the platform.

Cardinal Environment Limited public website

Some months ago I advised we would be upgrading our public website and introducing new services on it. This activity has been overtaken by the complexity of the UK Brexit process. Accordingly, viewers will see a simple update has been published last year (only). 

When the UK Brexit process has been completed, we will update our country coverage. 

Please address any questions about our public website to me by email. 

UK exits the EU (talks 19th June start)

On Monday 19th June, talks begin between the UK and the EU to sort out the UK’s exit from the European Union.

On 29 March 2017, the United Kingdom notified the European Council of its intention to leave the European Union, in accordance with Article 50 of the Treaty on European Union. On 29 April 2017, the European Council – made up of the heads of state or government of the 28 EU countries – adopted a set of political guidelines, which define the framework for the negotiations and set out the EU’s overall positions and principles.

The EU is represented by Michel Barnier, as Chief Negotiator for the 27 EU countries. His taskforce at the European Commission coordinates the work on all strategic, operational, legal and financial issues related to the negotiations.

During these talks, the UK remains a full member of the EU. This means that all existing EU rights and obligations continue to apply to the UK.

The Article 50 negotiations with the United Kingdom are unique and differ from any other negotiation conducted by the European Union to date. Given their unprecedented nature, the European Commission has decided to adopt a tailor-made approach to transparency.

The EU transparency approach is set out here

Cardinal Environment Limited is not withdrawing from any market and will continue to service its UK, European and International clients as before. My Blog comments will post out regularly. Thank you!

UK exits EU next steps (UK & EU)

The UK has 10 days before it’s population decides the next government on 8 June. On 19 June, negotiations begin to settle the terms for the UK’s withdrawal from the EU. 

The EU has committed itself to transparency principles here

Information about the EU task force that is involved is located here.

Cardinal Environment Limited will continue to support its customers through this process. The law of individual EU and EEA member states is not affected.