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.

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.