New Parliament Statutory Instrument Service (UK)

The UK Parliament website has now launched its new long awaited Statutory Instrument (SI) service. The site is at a beta stage (meaning it’s still in testing). Improvements are expected in the next weeks, and it will include the sifting processes under the EU (Withdrawal) Act (not yet enacted) once those are finalised.

Here

As with the Bills section which has already been a long time running, the new Statutory Instrument service will display the SIs in the different decision processes, i.e. before they are enacted. These decision processes are termed “sifting”.

This new service will be particularly helpful, as thousands of new Statutory Instruments can be expected under the Brexit Acts. These will both amend and replace existing law.

I will be monitoring and posting out to keep you advised (by reference to this location). Once the SIs are enacted, they will be compiled on the Cardinal Environment EHS Legislation Registers (initially as a single link on the top right hand side).

Over time, we will consolidate these into the existing Cardinal Environment consolidated laws that we supply.

Please continue to monitor this Blog closely.

UK exits the EU (Brexit Preparedness)

I posted so far a number of times (marked EU Notices) about the guidance issued to stakeholders by the European Commission and the EU regulators. Note : there are now 65 EU Notices issued, and this material is gathered here.

In addition, please note I posted in 2017 about the going forward invalidity of UK issued carbon credits (EUETS scheme).

On 18th April, the FT published an article about approximately 40 new legislative proposals to be issued over the next 10 weeks or so (in addition to the EU Notices). This article is here. At EU level, these legislative proposals are marked “Brexit Preparedness”.

So far :

(1) a wider consultation on WTO schedules (separation of UK from EU) – here.

(2) a proposal on EU type-approval legislation – here.

Yesterday, the Irish state broadcaster RTÉ published an article of a briefing by the Secretary General of the European Commission to the Brexit Steering Group of the European Parliament (and an associated internal document of the planned Brexit Preparedness legislative proposals).

This article identifies the list of areas for these new proposals – banking, tariffs, energy efficiency, medicines, visa, and transport.

Among the proposals is a plan to design a maritime route to link Ireland and the Continental part of the North Sea-Mediterranean Corridor.

The RTE report is here.

UK exits the EU (DEFRA preparations)

Ministerial approval is given [prior to the EU (Withdrawal) Bill Royal Assent] to the following projects – to ensure preparation for all negotiation outcomes :

(1) Delivery of a new national import control system for animals, animal products and high risk food and feed. Scheduled to commence building: mid-January 2018. Estimated cost before Royal Assent: £7m.

(2) Delivery of new IT capability to enable registration and regulation of chemical substances placed on the UK market. Scheduled to commence building: February 2018. Estimated cost before Royal Assent: £5.8m.

(3) Delivery of systems for the licensing and marketing of veterinary medicines. Scheduled to commence building: end-January 2018. Estimated cost before Royal Assent: £1.6m.

(4) Development of a new catch certificate system for UK fish and fish products being exported to the EU on Exit. Scheduled to commence: building end-January 2018. Estimated cost before Royal Assent: £1.0m.

(5) Development of a UK system to manage the quota of fluorinated gases and ozone depleting substances required under the UN Montreal Protocol. Scheduled to commence: March 2018. Estimated cost before Royal Assent: £0.5m.

(6) Development of data exchange arrangements to identify the movement of EU and third country vessels in UK waters and the movement of UK vessels in EU or third country waters. Scheduled to commence: April 2018. Estimated cost before Royal Assent: £0.1m

Note : regarding start dates – the Permanent Secretary letter is dated 18 January 2018 – here.

The Civil Service World article dated the next day confirms approval was given on the 18 January 2018 for these projects. The CSW article is here.

Brexit Bill Tracker (UK)

The UK Institute for Government has helpfully compiled the following graphic. You will notice that no UK Brexit bill is yet enacted. Nonetheless, unless otherwise agreed between the UK and the EU, from 12 midnight CET on 29 March 2019, the UK is a third country (in EU law terms).

In the event there is agreement between the UK and the EU on Withdrawal, there will be an additional Withdrawal and Implementation Bill (not to be confused with the Withdrawal Bill that is presently in progress). It is this Withdrawal and Implementation Bill that may set out the provisions for the Transition Period (if such is agreed). Attached to this Bill, may be an outline of the future relationship between the UK and the EU.

UK exits the EU (Galileo)

There is a developing situation regarding the EU Galileo project. EU negotiator Michel Barnier referred to it in a speech yesterday – his speech is here

” Ladies and gentlemen,

One word on Galileo. There have recently been many press articles – and many misunderstandings.

The UK decided unilaterally and autonomously to withdraw from the EU. This implies leaving its programmes as well.

So, we need to put the cooperation on Galileo between the EU and the UK on a new basis.

In doing so, our responsibility is to maintain the autonomy of the EU and to protect our essential security interests.

The EU’s rules on Galileo have been in place for a long time, and are well known to the UK.

In particular, third countries (and their companies) cannot participate in the development of security sensitive matters, such as the manufacturing of PRS-security modules.

Those rules were adopted together by unanimity with the UK as a member, and they have not changed.

Those rules do not prevent the UK, as a third country, from using the encrypted signal of Galileo, provided that the relevant agreements between the EU and the UK are in place. ”

The Telegraph (and others) report the UK Business Secretary Greg Clark has written to 13 UK businesses involved in sensitive work on the EU Galileo project, such as coded communications, saying they must have the UK Government’s sign-off to start new contracts.

EU Notices issued as respects Third Country rules and arrangements in a range of subject areas are found here.

In January, the EU announced the back-up site for the Galileo Security Monitoring Centre will move from the UK to Spain. The press release is here.

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.