EU announcements re NI Protocol (Northern Ireland)

The Protocol on Ireland and Northern Ireland (often referred to in the UK as the Northern Ireland Protocol), as an integral part of the EU-UK Withdrawal Agreement, was agreed jointly and ratified by both the EU and the UK. It has been in force since 1 February 2020 and has legal effects under international law.

The EU has announced the following re Northern Ireland (as respects the NI Protocol):

(1) the EU extends the non-application of third country rules (grace period) for meat products to 30th September (1st October is the date when the UK will apply its own ban on chilled meat imports) – the EU declaration is here – the UK declaration is here.

This will mean that meat products can continue to move from Britain (a third country in EU terms) to Northern Ireland (a part of the UK subject to the NI Protocol).

This temporary solution is subject to strict conditions. For example, the meat products that are subject to the channelling procedure referred to in the United Kingdom’s unilateral declaration must remain under the control of the Northern Ireland competent authorities at all stages of that procedure. These meat products must be accompanied by official health certificates issued by the UK competent authorities, can exclusively be sold to end consumers in supermarkets located in Northern Ireland, and must be packed and labelled accordingly. (EU declaration)

(2) the EU will change its own rules so that regulatory compliance functions for medicines authorised by the UK for the Northern Ireland market, in accordance with the NI Protocol, may be located in Britain, subject to specific conditions ensuring that the medicines concerned are not further distributed in the EU Internal Market – the European Commission will put forward a legislative proposal in the early autumn (the grace period runs out at the end of 2021)

(3) the EU will facilitate the movements of guide dogs accompanying persons travelling from Britain to Northern Ireland – this is communicated to the UK authorities and it is for the Northern Irish competent authorities to define the details for its implementation on the ground

(4) the EU waives the obligation to show the motor insurance Green Card for drivers from the UK – applicable for Northern Irish motorists crossing the border into Ireland (not for British motorists travelling to Ireland)

(5) the EU has removed the need for re-tagging when animals move multiple times between Britain and Northern Ireland during their life – the European Commission adopted an implementing act to that effect on 29 June 2021 (Commission Implementing Regulation (EU) 2021/1064).

The EU also announces the European Commission is working on a regulatory solution to facilitate the swift return of livestock to Northern Ireland from exhibitions or trade fairs in Britain, so that the animals concerned will not have to wait for a minimum residency period in Britain – the relevant delegated and implementing acts will be adopted in October 2021.

The EU also announces work is ongoing on a solution regarding the risk control of scrapie, to facilitate the movement of sheep and goats between Britain and Northern Ireland.

Covid-19 Vaccine Passport (EU)

UPDATE : this was (and is still technically) known as the EU COVID digital certificate – healthcareIT information is here.

From 1 July, the European Union will make available its COVID-19 vaccine passport for all EU citizens and residents, as well as for specific categories of travellers from third countries. All member states are expected to start issuing vaccine passports, at least partially, Switzerland and Iceland included.

The EU COVID-19 Vaccine Passport/Certificate is a one-piece document that can be issued to a traveller in both a paper and digital format.

Depending on the traveller’s status, there are three types of EU’s COVID-19 passport launched.

• Vaccination passport

• Test certificate

• Recovery certificate

Those holding such a document will be able to travel throughout Europe without the need to quarantine or test for COVID-19 (though the Member States may impose such restrictions on particular countries with a higher COVID-19 rate).

EU COVID Vaccination Passport

The EU COVID Vaccination Passport will be issued to all those who have been fully vaccinated against the Coronavirus, with one of the four vaccines approved by the European Medicine Agency (EMA), which are:

• Comirnaty (BioNTech, Pfizer)

• Moderna

• Vaxzevria (previously COVID-19 Vaccine AstraZeneca, Oxford)

• Janssen (Johnson & Johnson)

The certificate will prove that its holder has been vaccinated while also containing additional information on the vaccine, as when the doses were administered, who is the manufacturer, etc.

The Commission has also permitted the Member States to issue certificates for travellers vaccinated with vaccines other than those approved by the EMA. However, the decision is up to each individual Member State if they want to permit entry for those vaccinated with such vaccines or not.

EU COVID Recovery Certificate

Travellers who have recently been infected with COVID-19, and recovered from it, should also be permitted to travel with an EU COVID travel certificate.

“The EU Digital Covid Certificate of recovery confirms that the holder has recovered from a SARS-CoV-2 infection following a positive test. It should be issued no earlier than 11 days after the first positive test,” the European Commission explains.

However, the Commission also points out that tests that detect if a person developed antibodies against SARS-CoV-2 – also known as antibodies tests – cannot be used to obtain a recovery certificate.

EU COVID test certificate

All travellers who test for COVID-19 with PCR or Rapid Antigen test, and result negative, can obtain an EU COVID certificate.

“A separate certificate will be issued for each test and will not contain any data from previous certificates,” the Commission notes.

The EU has not yet come with a common timeframe within which these tests must be taken, therefore, it is up to the Member States to decide.

More information is here.

COVID-19 Waste Management Practices (EU)

On the 14th April, the European Commission issued a document to guide EU member states in their management of waste during the COVID-19 crisis. Here

This document reiterates advice from EU-OSHA (separate blog post) on workplace management of COVID-19.

The EU waste management document spells out instructions applying in households, healthcare situations, and in waste management companies.

COVID-19 European Roadmap to Lifting Containment Measures (EU)

On 15th April, the President of the European Commission and the President of the European Council issued a Joint Roadmap towards lifting COVID-19 containment measures (applicable in the EU). Here

The Roadmap builds on the expertise and the advice provided by the European Centre for Disease Prevention and Control (ECDC) and the Commission’s Advisory Panel on COVID-19 and takes into account the experience and outlook from a number of Member States as well as guidance from the World Health Organization (WHO).

The Roadmap sets out recommendations to EU Member States, with the goal of preserving public health while gradually lifting containment measures (including border controls) to restart community life and the economy. It is not a signal that containment measures can be lifted immediately but intends to inform Member States’ actions and provide a frame for ensuring EU-level and cross-border coordination, while recognising the specificity of each Member State.

The specific epidemiological situation, territorial organisation, healthcare service arrangements, population distribution or economic dynamics are some of the factors that might affect Member States’ decisions on where, when and how measures are lifted. Attention will also be needed for the situation of the countries in the EU’s neighbourhood.

The emphasis throughout the document is on testing, and that the release should be gradual.

Energy Taxes (EU)

On the 5th December, the relevant Council of the EU (government ministers of the EU) adopted conclusions of the European Commission on the EU energy taxation framework. The Council Conclusions on energy taxation are here.

The Conclusions are a response to the European Council’s call to advance work on the conditions, incentives and enabling framework to ensure a transition to a climate-neutral EU, in line with the Paris Agreement. The aim is to contribute to the policy objectives and measures to achieve the environmental, energy and climate targets for 2030, while preserving European competitiveness, and respecting member states’ rights to decide on their own energy mix.  

The energy taxation directive adopted in 2003 identifies energy products subject to harmonised rules for excise duties, sets minimum levels of taxation and lays down conditions for applying tax exemptions and reductions, ensuring the proper functioning of the internal market.

The EU now has a new regulatory framework and policy objectives in the area of climate and energy.

The Council Conclusions call on the Commission to analyse and evaluate possible options for a possible revision of the energy taxation directive. The Commission is invited to give particular consideration to the scope of the directive, minimum rates and specific tax reductions and exemptions.

In addition the Conclusions call on the Commission to update provisions, as appropriate, in order to ensure that they are practicable and provide greater certainty and clarity in its implementation, taking notably into consideration:

• the treatment of biofuels and other alternative fuels,

• the applicability of control and movement provisions to certain products, such as treatment of lubricants and designer fuels,

• new energy products and technologies,

• relevant sectors, such as aviation, taking into account their specificities and existing exemptions and international dimension,

• impacts on government revenues,

• state aid processes and rules.

The Council highlights the importance of fully assessing its proposals in terms of their economic, social and environmental costs and benefits and their implications for competitiveness, connectivity, employment and sustainable economic growth, particularly for sectors most exposed to international competition.

European Parliament declares Climate Emergency (EU)

Ahead of the UN COP25 Climate Change Conference in Madrid 2-13 December, the European Parliament has today approved a resolution declaring a climate and environmental emergency in Europe and globally.

The adopted resolution will be available here.

The European Parliament also wants the European Commission to ensure that all relevant legislative and budgetary proposals are fully aligned with the objective of limiting global warming to under 1.5 °C.

In a separate resolution, the European Parliament urges the EU to submit its strategy to reach climate neutrality as soon as possible, and by 2050 at the latest, to the UN Convention on Climate Change. This adopted resolution will be available via the above link.

Members of the European Parliament (MEPs) also call on the new European Commission President Ursula von der Leyen to include a 55% reduction target of greenhouse gas emissions by 2030 in the European Green Deal.

In addition, MEPs say that all countries should include emissions from international shipping and aviation in their national contributions plans (NDCs), and they urge the European Commission to propose that the maritime sector be included in the EU’s Emissions Trading System (EUETS).

Note – the European Commission has already proposed the goal of net-zero emissions by 2050, but the European Council has not endorsed it as some Member States are opposed.

UK exits the EU (EU Brexit Preparedness)

The EU issued today (19th July) a Communication on preparing for the withdrawal of the UK from the EU on 30 March 2019. It is located in the Other Preparedness activities section of the EU’s Brexit Preparedness online site – here.

The Communication is accompanied by a Factsheet and a Press Release, as you can see from the direct link – here.

The Factsheet makes clear –

” If the Withdrawal Agreement is ratified before 30 March 2019, most of the legal effects of Brexit will apply as of 1 January 2021, i.e. after a transition period of 21 months, the terms of which are set out in the draft Withdrawal Agreement.

In the absence of a Withdrawal Agreement, there will be no transition period and EU law will cease to apply to and in the UK as of 30 March 2019.

The negotiations between the EU and the UK on the terms of the Withdrawal Agreement are still ongoing. Once negotiations have concluded, the Withdrawal Agreement will need to be ratified. The future relationship between the EU and the UK can only be negotiated after the UK has left the EU.

In addition, even if the Withdrawal Agreement is ratified and an agreement on the future relationship is successfully concluded during the transition period, this relationship will not be that of a Member State of the EU.

Therefore, all businesses concerned have to prepare, make all necessary decisions, and complete all required administrative actions, before 30 March 2019 in order to avoid disruption. “