UK exits EU (environmental principles & governance)

A major role carried out by the European Court is oversight of the enforcement of European Union Treaty principles embodied in EU environmental law.

The UK authorities had announced a new body would be set up to replace the role of the European Court in this respect.

This morning, the consultation document is announced for this new body (applicable to England only). This document is here. Consultation lasts until 2 August.

The new body will be established by the Environmental Principles and Governance Bill (a Brexit bill – England) that will be brought forward in the Autumn. The consultation addresses the development of this Bill.

The consultation seeks input on some of the key questions around how environmental principles should be embedded into law, public policy-making and delivery, and what functions and powers the new environmental watchdog should have to oversee environmental law and policy.  The consultation document is set out in three parts:

Part 1 – Environmental Principles

Part 2 – Accountability for the Environment

Part 3 – Overall Environmental Governance

NOTE : this post will be UPDATED when the UK authorities respond to the consultation. If you are interested in developments, please make a note to return to this post in the Blog, a separate alert will not be sent out.

UK exits the EU (more EU Notices)

Reminder : more EU Notices are issued – please find all EU Notices and Notices issued by EU Bodies (such as ECHA) here.

Please note the latest ones include EU Notices on Aviation and the internal Energy Market.

Unless a ratified Withdrawal Agreement establishes another date, the UK will become a third country (as respects the EU rules and participation in EU institutions and bodies) from midnight CET on 29th March 2019. These Notices set out the changes that will apply from that date. The changes are subject to any transition arrangements that may be contained in any ratified Withdrawal Agreement at the date above.

UK exits the EU (third country status)

I posted several times regarding EU Notices and Notices from EU regulatory agencies. These remind that the UK will be a third country (as respects the EU) on exit at 12pm CET 29th March 2019. If you have not already done so, please read these Notices.

Any Transition Period that is agreed is in the context of the EU-UK Withdrawal Treaty, and will continue certain EU arrangements only.

One of the aspects is UK membership of EU regulatory agencies (third countries are not members of EU regulatory agencies).

On 11th April 2018, the European Medicines Agency (EMA) confirmed that the EU27 member states and the EMA had completed the task of redistribution of the UK portfolio of centrally authorised medicine and veterinary products. The UK will not be a member of the EMA on its exit. Arrangements were already in place to relocate the EMA (from the UK) to an EU27 member state.

Please read the information that is published about this redistribution here.

UK exits the EU (more EU Notices)

More EU Notices were issued 21st March (and one on 19th March) – here.

Reminder : the UK is a third country on 30th March 2019. Please read the EU notice that applies to your operations. Note also that EU Agencies (on the link) also issue Notices.

The EU-UK Withdrawal Agreement (subject to ratification) may change this date to 31st December 2020 with conditions (via transition clauses in the Agreement).

The EU-27 agreed today its guidelines for its negotiation of a EU-UK trade deal. These guidelines are here.

UK exits the EU (more EU Notices)

Further EU Notices were issued on 12th March. All Notices are gathered here.

Reminding : EU decentralised agencies also publish information in relation to the UK’s withdrawal from the EU, for example the Community Plant Variety Office, the European Chemicals Agency, the European Medicines Agency and the European Union Intellectual Property Office.

Furthermore, the three European Supervisory Authorities (the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority) and the Single Supervisory Mechanism have issued opinions and guidance.

Notices are important because they set out the legal position that will operate from March 2019. Transition arrangements that might be agreed may change the requirements.

Returning EU powers (UK)

The UK government has today published its provisional analysis of the returning EU powers that will result in the devolved administrations of the UK receiving extensive new powers as the UK exits the EU. This document is here.

The analysis covers 153 areas where EU laws intersect with devolved competence. There are 24 policy areas identified that are subject to more detailed discussion to explore whether legislative common framework arrangements might be needed, in whole or in part.

Please look out for further Blog posts, as the situation evolves.

[the image is a screen grab of the first page of the 24 policy areas, found on page 17 of 21]