UK exits the EU (more Brexit Notices)

Over the past six months or so, the European Commission (sometimes in conjunction with other European bodies) has issued Brexit Notices to Operators. I have posted in this Blog about them, as they have been issued.

In November and December 2017, separate parts of the European Commission issued Brexit Notices at the same time, and there were more of these Brexit Notices.

(1) Notices issued in relation to Transport (I posted recently about the Road Haulage Notice) – this link covers Aviation, Road Haulage and Seafarers – here.

(2) Notices issued in relation to Data Protection, Justice and Company Law – here.

(3) Notices issued in relation to Food and Biotechnology (I already posted about Plant Protection Products, Pesticides, and Biocides) – GMOs, and mineral water.

(4) Notice issued on the European Trade Mark – here.

(5) Notice issued on Medicines – here.

I will update this post, as more Notices are drawn to my attention. Please note to check this post on the Blog itself. Post updates do not result in new emails to your inbox.

UK exits the EU (road transport haulage)

I posted earlier about various European Commission (and others) Notices to Operators in particular fields.

On 11th December 2017, the European Commission issued a Notice to Operators that subject to European Union legislation in the field of road transport. This Notice is here.

The Notice reminds that from the Withdrawal date (subject to any transitional arrangements that may be contained in a possible Withdrawal Agreement), the EU rules in the field of road transport will no longer apply to the UK. This has a number particular consequences : set out below is the first set of these – please read the Notice itself for the other elements –

(1) CERTIFICATES, LICENCES AND ATTESTATIONS

Certificate of professional competence for road transport operators/transport managers: According to Articles 3(1)(d), 4(1) and 8 of European Regulation (EC) No 1071/2009, persons engaged in the occupation of road transport operator in the EU and transport managers employed by an undertaking engaged in the occupation of road transport operator must hold a certificate of professional competence issued by authorities of a EU Member State or by bodies duly authorised by a EU Member State for that purpose. As of the withdrawal date, certificates of professional competence issued by an authority of the United Kingdom or a body authorised by the United Kingdom will no longer be valid in the EU-27.

Driver attestation for third-country drivers: According to Article 3 of European Regulation (EC) No 1072/2009, international carriage shall be subject to a European Community licence and, when the driver is a national of a third country, in conjunction with a driver attestation.

Thus, as of the withdrawal date, drivers who are United Kingdom nationals and do not constitute long-term residents in the Union, within the meaning of European Directive 2003/109/EC, and who work for a Union haulier holding a Community licence require a driver attestation. In accordance with Article 5(2) of Regulation (EC) No 1072/20096, this driver attestation shall be issued by the competent authorities of the Member State of establishment of the haulier holding a Community licence for each driver who is neither a national nor a long-term resident within the meaning of Council Directive 2003/109/EC7 whom that haulier lawfully employs or who is put at his disposal.

Certificate of professional competence for drivers: In accordance with Directive 2003/59/EC8, drivers in the Union of a vehicle intended for the carriage of goods or for the carriage of passengers need to hold a certificate of professional competence certifying the initial qualification or periodic training and issued by competent authorities of an EU Member State or by an approved training centre in an EU Member State. Drivers who are nationals of an EU Member State obtain their initial qualification in the EU Member State of their normal residence while drivers who are nationals of third countries do this in the EU Member State which issued a work permit to them. As of the withdrawal date, certificates of professional competence issued by the United Kingdom or by an approved training centre in the United Kingdom will no longer be valid in the EU27.

As of the withdrawal date, drivers who are nationals of the United Kingdom but employed by an undertaking established in the Union or Union nationals resident in the United Kingdom but employed by an undertaking established in the Union will have to follow the professional drivers training in the EU Member State where the undertaking employing them is established.

Driving licence: According to Article 2 of European Directive 2006/126/EC9 driving licences issued by Member States of the Union are mutually recognised. As of the withdrawal date, a driving licence issued by the United Kingdom is no longer recognised by the Member States on the basis of this legislation.

The recognition of driving licences issued by third countries is not addressed in Union law but regulated at Member States level. In Member States which are Contracting Parties to the 1949 Geneva Convention on Road Traffic, this Convention applies.

Please read the other elements of this Notice.

Brexit Bill Tracker (UK) (#2)

UPDATED 20 January 2018

Brexit Bills

(1) EU (Withdrawal) Bill 2017-2019 – Third Reading and Report Stage 16th and 17th January – Bill as amended so far here

(2) Nuclear Safeguards Bill 2017-2019 – Report Stage (date not announced) (no amendments made at Second Reading) – Bill here

(3) Trade Bill 2017-2019 – Second Reading 9th January – Explanatory Notes here, Bill here

(4) Immigration Bill

(5) Taxation (Cross-border Trade) Bill 2017-2019 – Second Reading 8th January, Explanatory Notes here, Bill here

(6) International Sanctions and Anti-Money Laundering Bill – introduced in House of Lords first, Explanatory Notes here, Bill as amended so far here

(7) Agriculture Bill – Command Paper later this spring – DEFRA announcement here

(8) Fisheries Bill

(9) Withdrawal Agreement and Implementation Bill – DExEU announcement here

Brexit Consequent Bills

(1) Environmental Watchdog Bill – DEFRA announcement of consultation here

Subscribers to Cardinal Environment EHS Legislation Registers and Law Checklists will see their Link to Brexit Laws appearing shortly.

UK exits the EU (animal health certificates of competence)

I posted earlier on ECHA advice to UK companies, and European Commission Notices to UK Operators.

Animal health has been debated in UK Parliament as part of its consideration of the European Union (Withdrawal) Bill 2017-19. Following this debate, DEFRA has issued a statement about Animal Health. This statement is here.

[A] The European Commission has issued a Notice to slaughterhouse operators holding a certificate of competence relevant to exports to the European Union. This notice is here.

(1) Certificates of competence delivered in the United Kingdom will no longer be valid in the European Union from the moment the United Kingdom becomes a third country (exit date).

(2) Slaughterhouse operators shall ensure that some operations are only carried out by persons holding a certificate of competence (exports to the European Union). This requirement also applies to animal welfare officers (vets) who are working in a slaughterhouse (exports to the European Union).

[B] The European Commission has issued a Notice to transporters of live animals to the European Union. This notice is here.

(1) Transporter authorisations granted by the competent authorities of the United Kingdom pursuant to Articles 10 or 11 of the Regulation will no longer be valid in the European Union from the moment the United Kingdom becomes a third country (exit date).

(2) Certificates of approval of means of transport, and of drivers and attendants granted by the competent authorities of the United Kingdom will no longer be valid in the European Union from the moment the United Kingdom becomes a third country (exit date).

These two notices are located here.

Taxation (Cross-border Trade) Bill 2017-2019 (UK)

UPDATE : the SECOND READING commences Monday 8th January 2018 (next Monday).

UPDATE : the Resolutions are agreed and the Bill has been given its FIRST READING. The date of the SECOND READING is not announced. The Bill is here. The Explanatory Notes are here.

A Bill to impose and regulate a duty of customs by reference to the importation of goods into the United Kingdom; to confer a power to impose and regulate a duty of customs by reference to the export of goods from the United Kingdom; to make other provision in relation to any duty of customs in connection with the withdrawal of the United Kingdom from the EU; to amend the law relating to value added tax, and the law relating to any excise duty on goods, in connection with that withdrawal; and for connected purposes.

—–

This Bill is the Brexit Customs Bill. It will be given its First Reading ONLY following debate and approval of the relevant Ways and Means Resolutions on Monday (20th November).

Ways and Means Resolutions are used to approve parts of a Bill that will involve taxes and charges being made on the public.

In this case, there are two Ways and Means Resolutions :

(1) to provide for the charging of import and export duties, the administration and enforcement of these duties, and customs duties in connection with the UK’s withdrawal from the EU,

(2) to authorise the Bill to amend the law relating to VAT and excise duty on goods in connection with the Withdrawal of the UK from the EU. This resolution prevents certain provision being made in relation to zero-rates or reduced rates of VAT, or exemptions, refunds or new reliefs from VAT.

Both (1) and (2), if enacted, will authorise the making of statutory instruments and other provisions.

There is also a Money Resolution to authorise expenses which might be incurred by public bodies as a result of provision made by or under this Bill to be paid by Parliament, and deal with the destination of money received by public bodies (e.g. Licence fees).

In the view of HM Government, each of the Resolutions for this Bill (if passed) would authorise provision that extends and applies to the whole of the UK.

This post will be UPDATED with the Bill itself if the Resolutions are agreed. NB : updates on the post will NOT result in a new notification, so please go onto the Blog itself to check.

EU (Withdrawal) Bill 2017-2019 (Days 1 & 2)

UPDATE : UK Government fact sheets are here.

The European Union (Withdrawal) Bill (EUW Bill – UK law) will repeal the instrument that puts EU law into UK domestic law (the UK European Communities Act 1972) and create a new class of UK domestic law termed ‘retained EU law‘.

Subscribers to Cardinal Environment EHS Legislation Registers and Law Checklists will see this new category appear in their Registers. First, the Brexit Law will be corralled into a single area accessed on the top right (Environment, and Occupational Health & Safety).

The EUW Bill is at the House of Commons Committee stage, an important stage when amendments are considered.

Day 1 of the considerations was yesterday. This considered amendments to Clause 1 and Clause 6 of the Bill.

Day 2 is today. This will consider Clauses 2, 3 and 4 (the EU retained law itself).

Clause 1 repeals the 1972 European Communities Act. No changes were agreed.

Clause 6 addresses the role of the Court of Justice of the European Union (often referred to as the European Court of Justice) after exit day. No changes were agreed.

UPDATE : Clauses 2, 3 and 4. No changes were agreed, Clause 4 was agreed.

Clause 6 (Interpretation of retained EU law) says :

6 Interpretation of retained EU law

A court or tribunal—

(a)  is not bound by any principles laid down, or any decisions made, on or after exit day by the European Court, and

(b) cannot refer any matter to the European Court on or after exit day.

A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.

Any question as to the validity, meaning or effect of any retained EU law is to be decided, so far as that law is unmodified on or after exit day and so far as they are relevant to it –

(a) in accordance with any retained case law and any retained general principles of EU law, and

(b) having regard (among other things) to the limits, immediately before exit day, of EU competences.

But—

(a) Supreme Court is not bound by any retained EU case law,

(b)  the High Court of Justiciary is not bound by any retained EU case law

Etc

Brexit Bill Tracker (UK)

Brexit Bills

(1) EU (Withdrawal) Bill 2017-2019 – Commons Committee Stage (Full Commons Committee, commencing today) here

(2) Nuclear Safeguards Bill 2017-2019 – Commons Committee Stage (Public Bill Committee, commencing today) here

(3) Trade Bill 2017-2019 – Second Reading (date not announced) here

(4) Immigration Bill

(5) Customs Bill – White Paper here

(6) International Sanctions and Anti-Money Laundering Bill

(7) Agriculture Bill

(8) Fisheries Bill

(9) Withdrawal Agreement and Implementation Bill – DExEU announcement here

Brexit Consequent Bills

(1) Environmental Watchdog Bill – DEFRA announcement of consultation here

Subscribers to Cardinal Environment EHS Legislation Registers and Law Checklists will see their Link to Brexit Laws appearing shortly.