EU Law in UK 2021 (2) (UK Brexit)

UPDATE (24th Jan) : correction – the main combined cycle waste law was enacted in 2018, but the Single-Use Plastics Directive was enacted in 2019. The EU 2018 updates to the waste law (combined cycle) will be implemented. The Single-Use Plastics Directive will not be implemented.

EU Law enacted in 2019 with two year (or more) implementation deadlines in 2021 would not be implemented.

Exit day is 31st January (next Friday)

EU law continues to be enacted. I posted before about long tail implementation deadlines. I said in that post that the combined cycle waste law and other waste law updates enacted in 2019 with two year or minus more implementation deadlines would be implemented in the UK.

However, on 16th January, the BEIS Secretary answered as follows re the 2019 EU Copyright Directive –

The deadline for implementing the EU Copyright Directive is 7 June 2021. The United Kingdom will leave the European Union on 31 January 2020 and the Implementation Period will end on 31 December 2020. The Government has committed not to extend the Implementation Period. Therefore, the United Kingdom will not be required to implement the Directive, and the Government has no plans to do so. Any future changes to the UK copyright framework will be considered as part of the usual domestic policy process.

Please continue to follow this Blog for further updates.

Withdrawal Agreement Bill (UK Brexit)

Exit day is 31st January (next Friday)

The Withdrawal Agreement Bill is now enacted as the European Union (Withdrawal Agreement) Act 2020 (the UK 2020 Act). It amends the European Union (Withdrawal) Act 2018, and will be added to the Brexit Law List, in the EHS Legislation Registers & Checklists of subscribers systems.

The Bill was enacted unaltered. I already Blog posted about the Bill contents before Christmas. The Bill Explanatory Notes are here.

In brief :

(1) The EU-UK Withdrawal Treaty is now ratified on the UK side.

(2) The EU-UK Withdrawal Treaty is here (ratification is proceeding on the EU side).

(3) The UK must set up an Independent Monitoring Authority to oversee the citizen rights elements of the Withdrawal Treaty.

(4) Both sides must set up the Joint Committee, and its sub-committees, to manage implementation of the Withdrawal Treaty.

(5) A transition period will commence from 1st February and last until 31st December 2020 (the UK 2020 Act terms this an Implementation Period).

(6) The Withdrawal Treaty provides for a single extension of the transition period for up to one or two years, the final date for application for this is end June.

The UK 2020 Act prevents the application. So for an application to be made, a further Act would need to be enacted on this point.

(7) The Northern Ireland/Ireland Protocol to the Withdrawal Treaty commences at the end of the transition period. I blog posted already about this Protocol. The UK 2020 Act stipulates the Protocol will be enacted by Regulations made under the UK 2020 Act.

(8) During the transition period, nothing substantive changes for business or citizens, and the Brexit Law statutory instrument changes to UK domestic law are delayed until 1st Jan 2021.

Hence, subscribers existing EHS Legislation & Registers are relabelled Brexit Transition.

(9) From 1st Feb, the UK is free to make trade deals, these trade deals could alter domestic law.

(10) From 1st Jan 2021, the Brexit Law statutory instrument changes to UK domestic law have legal effect. These freeze UK domestic law implementation of EU law as at 31st Dec 2020. In practice, however, the vast bulk of the UK Brexit Law was enacted in March/April 2019, and so unless reissued, it reflects EU law at that date.

Some EU law will need implementing in 2020.

I wrote separate Blog posts about EU Law in UK 2020 and EU Law in UK 2021.

During 2020, please expect to see further Blog posts on this topic.

Withdrawal Agreement Bill (WAB) (UK Brexit)

Exit day is 31st January 2020

The updated Withdrawal Agreement Bill (WAB) is now published – here.

The Explanatory Notes for the updated WAB are here.

Two clauses giving a role for Parliament, including relating to negotiating objectives for the next phase, are removed, these were Clauses 30 and 31.

Clause 34 and Schedule 4 on workers’ rights are also gone. Explanatory notes to the Queen’s Speech identify the government will bring forward an Employment Bill in this legislative period 2019-2020 (this Blog does not focus on employment law, save for health and safety aspects).

Among the 5 new clauses:

Clause 30 on Withdrawal Treaty Joint Committee dispute resolution reporting

Clause 33 banning Ministers from agreeing to an extension to the transition period (termed implementation period in the bill)

Clause 35 banning the use of written procedure in the Withdrawal Treaty Joint Committee

Clause 36 repealing spent enactments

Re: the briefed stories about letting lower courts depart from CJEU judgments, rather than just the Supreme Court and High Court of Justiciary – this seems to be catered for by a new subsection in clause 26(1) that gives Ministers a power to decide when lower courts can do this.

Another change is in clause 20. In October the WAB had what’s called a standing service provision, which authorises expenditure to the EU for sums owed under the WA treaty. It was time limited last time (to March 2021) but a Minister could extend it. No more can it be extended.

Last time the Bill only had provisions about House of Commons scrutiny of developments in EU law during the transition period (the European Scrutiny Committee could force debates in the Commons). It seems there is now the same role in the Lords for its EU Committee in clause 29. During the transition period, the Bill incorporates developments in EU law into UK Law and stays (delays) the effect of Brexit Law changing the UK statute base so it can stand alone.

It also seems like Schedule 2 has been amended a bit. It now looks like the Independent Monitoring Authority can delegate decisions about starting inquiries and legal proceedings (where it couldn’t before) and that its functions can be transferred more easily than before.

There may be other changes that are identified or that are accepted as the Bill is scrutinised.

The Second Reading is scheduled for tomorrow, which will be easily carried. The Bill will then go forward for scrutiny in the usual fashion once Parliament returns from its holidays.

Parliament will take its Christmas holidays at the end of tomorrow, to return again on 6th January.

The WAB will amend the EU (Withdrawal) Act 2018. In addition to bringing in the transition period to 31st December 2020 (known as the Implementation Period completion day) the fact of enactment of the WAB, will delay the deadline for application to the EU Settled Status Scheme to June 2021.

If there are further substantive changes to the WAB, I will post again, otherwise not.

Queens Speech (UK)

Exit day is 31st January 2020 – DExEU government department will close on that day

Of relevance (for this Blog) in the Queen’s Speech today are :

(1) the Environment Bill – this will be brought back with alterations

(2) a new Fire safety and Building safety bill or bills

(3) the withdrawal agreement bill and associated Brexit bills

Please look out for further Blog posts when the bill text is published.

Withdrawal Agreement Bill (WAB) (UK Brexit)

Exit day is 31st January 2020.

Implementation Period (IP) completion day is 31st December 2020 (this is the date of the end of the Withdrawal Treaty Transition Period).

The Queen’s Speech is tomorrow (Thursday), and I will post specifically on that, once the bills for the new legislative period are identified. Some bills will be of relevance, not least the Environment Bill.

The UK government has signalled it will bring back the WAB in an updated form on Friday, so that it can be enacted by the Exit day.

The EU (Withdrawal Agreement) Bill – the WAB – amends the EU (Withdrawal) Act 2018 to give effect to the UK-EU Withdrawal Treaty (Oct 2019 revision). It sets out provisions for an orderly exit, and includes a Transition Period – identified as an Implementation Period (IP) in UK Legislation.

The updated text is not yet published. I will post again on the WAB when the updated text is available.

The UK government has signalled it will insert provision for the Lower Courts to overturn decisions of the European Courts. This will affect the definition of waste, among other matters.

There may be other WAB updates of relevance also. Once I see the updated WAB text, I will include a list of the relevant changes in the Blog post.

Please look out for further Blog posts on the WAB.

New Ireland/Northern Ireland Trade Arrangements (UK Brexit)

* Exit day is 31st January 2020

* Withdrawal Treaty transition period end is 31st December 2020

The revised UK-EU Withdrawal Treaty is expected to be ratified shortly by the UK enacting the UK’s EU (Withdrawal Agreement) Bill (currently in draft, known as the WAB). This will bring into force both the Exit day and the transition period.

The Withdrawal Treaty includes an Ireland/Northern Ireland Protocol of new trade arrangements that will apply to trade between the UK and the EU via the island of Ireland after the transition period.

* Ireland is an EU member state.

* Northern Ireland (NI) is part of the UK.

* The UK will be a third country vis a vis the EU after Exit day.

* The transition period stays (delays) the effect of Exit to give time for a trade deal to be put in place between the UK and the EU.

The Ireland/Northern Ireland Protocol makes a number of arrangements applicable to trade – that will apply after the transition period –

(1) Northern Ireland (NI) will operate inside the EU’s single market for industrial goods and agrifood, and comply with the EU’s Union Customs Code (whilst at the same time Norther Ireland will remain a legal part of the UK’s customs territory – the Protocol does not affect the UK customs territory).

(2) Goods entering NI from GB will be coming from a third country (the UK). Because those goods will be able to cross the land border into the EU’s single market, then customs procedures, tariffs, regulatory and agrifood checks will be required at the NI points of entry from GB: Warrenpoint, Belfast and Larne ports, and at airports – or more likely due to lack of infrastructure – at the GB ports of exit: Liverpool, etc, acting for the EU.

(3) Goods going in the opposite direction, Northern Ireland to GB, will require summary exit declarations under the EU’s Union Customs Code. The detail of this is not yet published.

(4) Beyond that, checks on goods going from Northern Ireland to GB will be up to the UK. It will have obligations under the WTO and may want to “protect” its own internal market from Irish-origin and therefore EU goods. In addition, new trade deals the UK agrees outside of the EU sphere may stipulate or necessitate the checking of some goods.

(5) Much depends on the detail of the new set-up –

Under the UK-EU Withdrawal Treaty , a specialised sub-committee, which forms part of the overall UK-EU Joint Committee to be created under the UK-EU Withdrawal Treaty to manage the new relationship between Britain and Europe, will agree certain aspects.

Note : the EU has acknowledged that Ireland will need to have a reserved seat – along with Spain and Cyprus, who have Protocols of their own on Gibraltar and the issue of the British military base on Cyprus in the UK-EU Withdrawal Treaty – at the Joint Committee table.

The sub-committee will agree a list of goods and categories of goods which are only destined for, or will be consumed in, Northern Ireland – in other words, where there is no obvious risk they will cross the border and enter the single market.

(6) Goods from GB to NI (dealt with by this sub-committee) may be exempted from tariffs altogether, or where tariffs are paid and where the EU tariff is higher than the UK one, importers will be able to apply for a rebate.

(7) Live animals will be checked coming in to NI from GB (as they are now), and agrifood products GB to NI will also need to comply with EU food safety requirements.

(8) The new UK-EU trade deal itself will also affect the work of the Joint Committee specialised sub-committee – if the UK-EU trade deal results in zero tariffs and quotas, then that will largely remove the need for tariff exemptions and rebates on goods moving from GB to Northern Ireland (traders would still have to do the paperwork to show that the consignments they are moving are actually tariff-free).

I will post further on this matter, when more information is available.

Exit day (EU & UK Brexit)

Exit day is 31st January 2020 (a Statutory Instrument will be issued shortly)

The Exit day has been put back, and the UK government will today seek approval to hold a general election in December.

There are further steps after the expected election approval later today, notably re Northern Ireland (where the government there did not meet the deadline to resume operation) and then five weeks of the campaign.

There are further steps after the election date – the swearing in of the MPs, election of the Speaker, Queens Speech etc.

It is expected UK Law making will resume at the start of January 2020.

The Environment Bill passed its Second Reading last night, and its associated timetable and ways and means motions also passed.

The Withdrawal Agreement Bill passed its Second Reading some days ago, but its associated timetable motion was not agreed.

The Budget will be held over until the New Year.

Please look out for further Blog posts.

Exit day (UK and EU Brexit)

The current Exit day is 31st October – Thursday week.

This evening, the Programme Motion to timetable the EU (Withdrawal Agreement) Bill beyond its Second Reading failed, and the Bill is in limbo.

Remember – the EU (Withdrawal Agreement) Bill (when enacted) will ratify the EU-UK Withdrawal Agreement.

The UK Prime Minister has responded that he will talk to the EU about the Exit day extension request that was received by them from the UK on Saturday last.

The EU is expected to grant an extension to the Exit day.

Please look out for further Blog posts on the matter.

Withdrawal Agreement Bill (UK Brexit)

Exit day is 31st October – Thursday week (this date is in a Statutory Instrument)

Yesterday the government published the EU (Withdrawal Agreement) Bill – here.

There are additional documents also published, including Explanatory Notes – here.

The Bill (known as the WAB) is 115 pages, with 40 clauses and 6 schedules. It’s purpose is to give effect in domestic law to the Withdrawal Agreement that was agreed between the EU and the UK on 17th October, and to ratify that Withdrawal Agreement.

– The Bill amends the EU (Withdrawal) Act 2018 (a core existing Brexit Law) to ensure it reflects the terms of the Withdrawal Agreement. Re Brexit Law, the Bill saves the Brexit Law for the end of the transition period (in the Bill this is the IP (Implementation Period) completion day).

– The Bill creates powers to make secondary legislation (Statutory Instruments), where appropriate, to enable the Withdrawal Agreement to be implemented domestically.

– The Bill includes amendments to the Northern Ireland Act 1998 in relation to rights, safeguards and equality of opportunity protections contained in the Belfast (Good Friday) Agreement 1998.

– The Bill includes provision relating to facilitating access for Northern Ireland goods to the market in Great Britain, as well as further provision to ensure no alteration to the arrangements for North South cooperation can occur as a result of this Bill.

The Withdrawal Agreement sets out the exit terms, covering the transition period, the monies to be paid to the EU, citizen rights, the Ireland-Northern Ireland specific arrangements, and other matters.

The Bill gives effect to these exit terms.

The timetabling of UK Parliament debate on this Bill will be voted on today.

The government has already signaled that all of this week will be taken up with this Bill, leaving the further debate on the Queen’s Speech and the Environment Bill Second Reading for later dates (unspecified).

Please look out for further Blog posts on this matter.

What’s happening re Brexit (UK Brexit)

Exit day is 31st October (this date is set out in a Statutory Instrument)

EU-UK Agreement is reached on the Johnson Exit terms (the Withdrawal Agreement agreed last week), but this Agreement must be ratified by both the UK and the EU Parliaments (if you remember ratification of the earlier agreed May Exit terms failed at the UK Parliament step, and the Exit day was extended).

Yesterday, the UK Parliament voted to require completion of the full legislative elements of ratification (passage of an unpublished Withdrawal Agreement Bill) first. Plus (in fulfilment of the EU (Withdrawal) (No. 2) Act 2019 – the Benn Act), the UK applied for the Exit day to be moved to 31st January 2020.

Tomorrow, it may be the Johnson Exit terms will return for UK Parliament vote, but it’s more likely ratification will move straight to the legislative element – the Withdrawal Agreement Bill.

We don’t know exactly what will be in the Withdrawal Agreement Bill (WAB), because it is not published, but many, possibly hundreds, of amendments are likely, at least for debate.

If the WAB is enacted by 31st October, the UK exits with the Johnson Exit terms (see the posts of last week on the (Johnson) revised Ireland-Northern Ireland Protocol, and the (Johnson) revised Political Declaration).

If the WAB is not enacted by 31st October, the Exit day is moved to the 31st January 2020 (if the EU has granted the application), or a different date (if the EU sets a different date and the UK Parliament agrees it).

The UK government has also triggered its Operation Yellowhammer no deal contingency plan.

Please look out for further Blog posts on the matter.

[next week also has the votes scheduled on the Queen’s Speech, and the Environment Bill Second Reading]