BRIEFING PAPER Number 8205, 18 January 2018
Legislating for Brexit: EU By Vaughne Miller
Decisions
Contents: 1. EU law in force 2. What are EU decisions? 3. Brexit legislation 4. Other Brexit-related Bills 5. Annex I – JHA framework decisions 6. Annex II - CFSP common positions, joint actions and decisions 7. Annex III - Council and Council/EP decisions 8. Annex IV - Commission decisions
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Contents
Summary 4 1. EU law in force 8 2. What are EU decisions? 10 2.1 Binding measures 10 Article 288 TFEU 10 Legislative and non-legislative decisions 10 Delegated and implementing decisions 11 2.2 Commission decisions 11 Directly applicable 12 Direct effect 13 2.3 Council decisions 13 TFEU decisions 13 TEU decisions 13 2.4 Justice and Home Affairs (JHA) decisions and framework decisions 14 Framework decisions 14 UK JHA opt-out and opt-in arrangements 15 2.5 Common Foreign and Security Policy decisions 17 A different kind of EU decision 17 Decisions about international relations 18 Some sanctions decisions need an accompanying regulation 18 Council decisions on external agreements 20 3. Brexit legislation 23 3.1 The European Union (Withdrawal) Bill 23 Retained EU law 23 3.2 The EUW Bill and EU decisions 23 Clause 8 26 4. Other Brexit-related Bills 27 4.1 Bills to allow government amendment of policies after Brexit 27 The Sanctions and Anti-Money Laundering Bill 27 The Trade Bill 29 The Taxation (Cross-border Trade) Bill 29 The Nuclear Safeguards Bill 30 5. Annex I – JHA framework decisions 31 6. Annex II - CFSP common positions, joint actions and decisions 37 6.1 Common positions and joint actions 37 6.2 CFSP Decisions 43 7. Annex III - Council and Council/EP decisions 47 8. Annex IV - Commission decisions 56
3 Commons Library Briefing, 18 January 2018
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4 Legislating for Brexit: EU Decisions
Summary
Brexit and EU law When the UK leaves the EU (expected to be 29 March 2019), the UK’s relationship with EU law, the EU Treaties, Court of Justice rulings and other elements of the EU acquis will change. Even if, during a transition period, the UK continues to apply the acquis, it will be as a third state outside the EU. This new, unprecedented relationship has yet to be defined, and transition will be the main subject of phase two of the Brexit negotiations. The European Union (Withdrawal) Bill currently going through Parliament creates a new category of domestic law for the UK: ‘retained EU law’, which will consist of all of the converted EU law and preserved EU-related domestic law in force the day before exit day.1 Not much debate on EU decisions The debate about retained EU law has been largely about EU regulations and directives, with Decisions - which include a large and diverse range of EU acts - not much discussed. Some types of EU decisions are ‘exempt’ from preservation under the Bill, yet EU foreign policy decisions are the basis for many important UK obligations, in sanctions against third states and individuals, and arms export controls, for example. While some of these obligations will be upheld under clause 8 of the EUW Bill and provisions in other Bills, it is possible that there will be gaps. Types of EU decisions EU decisions are a major category of EU acts – there are around 7,500.2 There are different types of EU decisions: • Commission • Council • European Parliament (EP) • Joint decisions of Commission/Council/EP and/or other EU institutions • Intergovernmental • Legislative • Non-legislative • Directly applicable • Requiring further national implementation • Directly effective
1 For further information on retained EU law, see Commons Briefing Paper 8136, The European Union (Withdrawal) Bill: Retained EU law, 10 November 2017. 2 According to Eur-Lex figures for consolidated texts in mid-2017. 5 Commons Library Briefing, 18 January 2018
• No direct effect • Implementing • Delegated They have different purposes and are adopted using different procedures, depending on their nature, Treaty base and subject matter. Binding and directly applicable Under Article 288 of the Treaty on the Functioning of the European Union (TFEU), decisions are “binding in their entirety”. If they are addressed to a specific State, person or company, they are binding only on them and directly applicable. Adopted by qualified majority voting Legislative decisions of the Council of the EU (comprising ministers from the Member States) or the EP and Council together are usually adopted using the Ordinary Legislative Procedure (OLP - co-decision) by a Qualified Majority Vote (QMV), or by the Council with the participation of the EP (consultation) under the special legislative procedure. Justice and Home Affairs decisions and framework decisions In the former Justice and Home Affairs ‘third pillar’ of the EU, decisions were taken by unanimity in sensitive areas such as immigration, asylum, border controls and cooperation in policing and criminal matters. Here, Member States cooperated ‘inter-governmentally’, without supranational law-making. The Lisbon Treaty incorporated JHA into Title V, the Area of Freedom, Security and Justice (AFSJ), in the Treaty on the Functioning of the EU. Since December 2009 AFSJ decisions have been taken mostly by QMV in the Council and with the European Parliament (the OLP). The UK has opt-out and opt-in arrangements in these areas in two Protocols (19 and 21) attached to the Treaties, so only certain provisions apply. Lisbon also abolished framework decisions, which, like directives in the EC/EU ‘first pillar’, left the method of implementation to the Member States. Common Foreign and Security Policy decisions Non-legislative decisions of the Council usually implement the Common Foreign and Security Policy (CFSP). In Title V of the Treaty on European Union (TEU) on the EU’s external action and the CFSP, decisions are taken by the Council, while the Commission, EP and the Court of Justice of the EU (CJEU) have only a minor role. Decisions on opening, signing and concluding external agreements Non-legislative Council decisions are also made before the opening of EU treaty negotiations and on the signing and conclusion of international agreements. The text of the agreement may be attached to the decision relating to it. Votes are taken by QM or by unanimity, depending on the subject matter of the agreement. 6 Legislating for Brexit: EU Decisions
Commission decisions on competition and state aid Under Articles 106 and 108 TFEU the European Commission also addresses decisions to Member States on competition rules and state aid. The European Union (Withdrawal) Bill The European Union (Withdrawal) Bill (the EUW Bill) cuts off the source of EU law in the UK by repealing the European Communities Act 1972 (ECA) and removing the competence of EU institutions to legislate for the UK. Clauses 2 and 3 of the EUW Bill provide for directly effective EU decisions to become part of the new body of ‘retained EU law’ in the UK if they apply here at the point of Brexit. Certain non-legislative Common Foreign and Security Policy (CFSP) decisions, and decisions on the conclusion of external agreements, might not be retained or converted. Clause 8 of the Bill allows the Government to make provisions to prevent or remedy any breaches of the UK’s international obligations that might arise from Brexit. The Commons Library Briefing 8079, European Union (Withdrawal) Bill covers all the provisions in the Bill, and was published on 1 September 2017. A series of briefings has been published on the Commons Committee stage. These are all available on the Parliamentary Brexit website, Brexit: next steps in UK's withdrawal from the EU. Other Brexit Bills Other Bills have been announced or have already been introduced, which aim to adjust and amend law and policies which cannot be achieved by the EUW Bill.
International sanctions A new Sanctions and Anti-Money Laundering Bill will provide for EU decisions retained under the EUW Bill to be amended by secondary legislation, in line with future Government policy and in order to comply with UN and other international obligations. Trade EU decisions on the conclusion of EU Free Trade Agreements (FTAs) with third countries will not be retained, but a new Trade Bill includes provisions for the implementation of new agreements with partner countries which correspond to the EU’s current FTAs and other trade agreements in place before Brexit. Euratom The Nuclear Safeguards Bill makes provision for nuclear safeguards after the UK leaves the European Atomic Energy Community (Euratom – which is a separate legal entity from the EU, but governed by the EU’s institutions). The Bill would allow the Government to make regulations for and implement international agreements on nuclear safeguarding. 7 Commons Library Briefing, 18 January 2018
The new clause 76A of the Energy Act 2013, as inserted by clause 1 of this Bill, includes the first reference to ‘retained EU law’ outside the EUW Bill. Customs The Taxation (Cross-border Trade) Bill (the ‘Customs Bill’) would allow the Government to create a functioning customs, VAT and excise regime for the UK after Brexit. It also contains trade defence measures to protect UK industry from unfair competition from abroad and provisions on trade preferences which allow imports from developing countries to benefit from reduced customs duties. More Bills to come Other primary legislation was announced in the Queen’s Speech (on immigration, agriculture and fisheries) and others might yet be needed, with further secondary powers allowing the Government to adapt UK law to the post-Brexit situation and probably for a transition period. Other papers on EU law This paper accompanies other ‘Legislating for Brexit’ papers on instruments of EU law and their transposition in the UK: • Legislating for Brexit: EU external agreements 5 January 2017 • Legislating for Brexit: directly applicable EU law 12 January 2017 • Legislating for Brexit: Statutory Instruments implementing EU law 16 January 2017 • Legislating for Brexit: EU directives 5 April 2017
8 Legislating for Brexit: EU Decisions
1. EU law in force
According to the EU’s Eur-lex website there are at present over 20,000 EU legislative acts in force. These are mainly directives, regulations, decisions and international agreements, but they include other instruments, such as resolutions, reports and special reports, rules of procedure, guidelines, declarations, inter-institutional and internal agreements, Memorandums of Understanding, programmes, opinions, communications, information, conclusions and statutes.
The Lisbon Treaty introduced a hierarchy in EU secondary legislation by distinguishing in Articles 289, 290 and 291 of the Treaty on the Functioning of the European Union (TFEU) between legislative acts, delegated acts and implementing acts. Legislative acts are legal acts which are adopted through the Ordinary Legislative Procedure or a special legislative procedure. They include EU directives, regulations and decisions.
The table below shows the total number of EU directives, regulations, decisions and international agreements (or similar) in force in 20 subject categories. The data has been compiled from the Eur-Lex Directory of EU legislation in force (on 5 May 2017).3 It excludes delegated and implementing laws (around 3,200)4 and other instruments mentioned above. Some instruments may be included in more than one policy area.
Topic area Total EU Directives Regulations Decisions & International legislative Framework Agreements/ acts in force Decisions treaties/arrangeme nts; Protocols; Conventions; Exchange of Letters, MoU, common position 1469 8 240 923 33 01 General, financial and institutional matters 1143 7 526 128 113 02 Customs Union and free
movement of goods5 3069 142 924 1019 110 03 Agriculture6
793 1 392 163 93 04 Fisheries
3 On Eur-Lex there are two different types of decisions and the figures in the table are the sum of both. For historical reasons EU decisions have two different Eur-Lex codes: there were two different types of decisions before the Lisbon Treaty came into force. In English and some other EU languages they have the same name; in German, by contrast, they have different names: Beschluss and Entscheidung, which makes the distinction clearer. 4 Delegated and implementing measures are explained in section 1.3 below. According to statistics on Europa, on 5 May 2017 there were 16 such directives, 2,340 such regulations and 829 such decisions in force. Again, the figures should be used with caution, as there is a risk of duplication, with some delegated and implementing measures occurring in more than one topic area. 5 There is also a Joint Action under this heading. 6 This area includes a number of measures addressed to other Member States and not the UK. 9 Commons Library Briefing, 18 January 2018
Topic area Total EU Directives Regulations Decisions & International legislative Framework Agreements/ acts in force Decisions treaties/arrangeme nts; Protocols; Conventions; Exchange of Letters, MoU, common position 675 76 92 320 4 05 Freedom of movement for workers and social policy 468 64 50 76 4 06 Right of establishment and freedom to provide services 726 76 177 195 + 1 52 07 Transport policy
574 4 30 519 3 08 Competition policy
193 29 12 66 7 09 Taxation 571 9 108 196 19 10 Economic and monetary policy and free movement of capital 4293 4 650 1945 1210 11 External relations 381 15 63 99 37 12 1527 239 376 478 15 13 Industrial policy and internal market 360 2 64 235 0 14 Regional policy and coordination of structural instruments 2233 135 530 365 + 3 83 15 Environment, consumers and health protection 450 9 124 136 + 1 18 16 Science, information, education and culture 116 32 26 16 12 17 Law relating to undertakings 18 Common Foreign and 642 1 48 388 + 1 90 + 37 Joint Actions Security Policy (CFSP)7 + 51 Common Positions 796 43 64 389 + 22 110 + 11 Joint 19 Area of freedom, security Actions + 6 Common and justice (AFSJ)8 Positions 27 4 4 5 1 protocol 20 People's Europe TOTAL 20,506 900 4,500 7,522 2,104
7 In foreign, security and defence policies the intergovernmental method still applies. The Lisbon Treaty replaced common strategies, joint actions and common positions by general guidelines, decisions defining “actions to be undertaken by the Union”, “positions to be taken by the Union”, and arrangements for the implementation of those decisions (Article 25 TEU). 8 The UK has opt-in and opt-out arrangements in relation to the AFSJ. 10 Legislating for Brexit: EU Decisions
2. What are EU decisions? 2.1 Binding measures Decisions are a category of binding EU laws alongside directives and regulations. Article 288 TFEU Article 288 of the Treaty on the Functioning of the European Union (TFEU)9 states: “A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them”.10 Like a regulation, decisions cannot be applied incompletely, selectively or partially.11 Like other EU legal acts, if the EU Treaties do not specify the type of act which should be used, Article 296 TFEU allows the institutions to choose the type of act to be adopted on a case-by-case basis. In this case, decisions “shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinion required by the Treaties”.12 The Commons European Scrutiny Committee Guide to the EU institutions and legislation summarises the effects and characteristics of decisions: A Decision is binding on those to whom it is addressed. Decisions may be addressed to Member States, but are often addressed to particular undertakings or individuals as, for example, in the case of decisions taken by the Commission under the EU’s competition rules. The Council also acts by decision when exercising its powers on procedural and institutional matters. Legislative and non-legislative decisions There are legislative and non-legislative decisions.13 Decisions are legislative acts when they are adopted jointly by the European Parliament (EP) and the Council using the Ordinary Legislative Procedure, or by the EP with the participation of the Council, or by the Council with EP participation using the special legislative procedure.14 In other cases, decisions are non-legislative EU acts. They may be adopted by the European Council (Heads of State or Government), the Council (government ministers) or the Commission. For example, the Commission can issue binding decisions to enforce competition rules. Non-legislative acts are adopted either by unanimity or a qualified majority. But as one academic has pointed out, “the term ‘non-
9 Former Article 249 of the Treaty Establishing the European Community. 10 Before the Lisbon Treaty came into force, decisions had to specify to whom they were addressed. 11 EUR-Lex, European Union Decisions. 12 See judgment of 13 September 2013, Makhlouf v Council, T-383/11, EU:T:2013:431, paragraph 61: it is “settled case‑law that the statement of reasons required by Article 296 TFEU must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the court having jurisdiction to exercise its power of review”. 13 If they are not adopted by legislative procedures, they are ‘non-legislative acts’. 14 EUR-Lex, European Union Decisions 11 Commons Library Briefing, 18 January 2018
legislative’ could be misunderstood, as in many cases non-legislative acts extend existing legislation and have the force of law”.15 Article 288 TFEU decisions can apply across a range of EU areas of competence, such as for the mobilisation of an EU fund or financial instrument, the appointment of judges of the General Court (formerly the Court of First Instance) and other appointments, or to rule on proposed mergers between companies. Many of these decisions of the EU institutions are directly applicable, requiring adoption but not implementation by Member States. In the UK this is authorised by the European Communities Act 1972 (ECA). But further implementation in domestic law may be necessary to give effect to the decision. Delegated and implementing decisions Non-legislative decisions may take the form of delegated and implementing acts, which supplement or amend elements of the ‘parent’ EU act. Powers to make these delegated and implementing acts - also called ‘tertiary legislation’ - are conferred on the Commission (and in some cases the Council) under Articles 290 and 291 TFEU. Delegated decisions are adopted by the Commission to supplement or amend certain non-essential elements of a legislative act. For example Commission delegated decision (EU) 2017/1474 was foreseen by Article 5.1 of Directive (EU) 2016/797 of the EP and Council of 11 May 2016 on the interoperability of the rail system within the EU. Implementing decisions are used where uniform conditions are needed to implement a legislative act. For example, Commission Implementing Decision (EU) 2017/253 of 13 February 2017 set out EU-wide procedures for the notification of alerts in the early warning and response system for serious cross-border threats to health and for the information exchange, consultation and coordination of responses to such threats, as required in an earlier EU decision and regulation.
2.2 Commission decisions Commission decisions often implement provisions in the EU Treaties or in EU directives or regulations, for example on the establishment of new bodies and their composition,16 changes to criteria under the Common Agricultural Policy or environmental legislation.17 The Commission decides as a College of 28, either by QM or more often in practice by consensus.18
15 Statewatch, Professor Steve Peers, Guide to EU decision-making and justice and home affairs after the Treaty of Lisbon, with additional material by Tony Bunyan, December 2010 16 E.g. Commission Decision (EU) 2015/1937 of 21 October 2015 establishing an independent advisory European Fiscal Board; Commission Decision 2011/C 286/03 of 28 September 2011 setting up the Group of Experts on Corruption. 17 E.g. Commission decision (EU) 2017/1525 of 4 September 2017 amending Decision 2014/256/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to converted paper products 18 European Scrutiny Committee Guide to the EU institutions and legislation, May 2015 12 Legislating for Brexit: EU Decisions
The Commission may adopt decisions together with the Council and EP:19 for example, Decision (EU, Euratom) 2016/1201 of the EP, Council and Commission of 13 July 2016 appointing members of the Supervisory Committee of the European Anti-Fraud Office (OLAF). The Commission also decides on the compatibility with EU law of state aid and competition systems in the Member States under Article 108 TFEU (former Article 88).20 These Commission decisions may be addressed to individual Member States, specific companies or individuals and are directly applicable for those addressees:21 for example, the Commission decision of 4 March 2009 to impose a fine on the software company Microsoft for abuse of its dominant market position, where the only company directly concerned was Microsoft, or Commission decision 2003/590/EC of 5 March 2003 on the UK granting state aid to CDC Group plc. The party/parties concerned must be notified and the decision takes effect upon this notification. They do not need to be transposed into national law to take effect. Since the Lisbon Treaty came into force, a Commission decision does not have to specify an addressee.22 Both legislative and non-legislative decisions which do not specify to whom they are addressed are published in the Official Journal (OJ) – in the ‘L’ series if they are legislative or ‘C’ series if non-legislative. They enter into force on the date specified in them, or if no date is specified, on the 20th day after their publication in the OJ. However, publication in the OJ does not mean formal notification is not needed; notification is the only way to ensure the act is enforceable against the addressee. Directly applicable Many Commission decisions are directly applicable and do not need specific implementation in the UK beyond their availability in UK law under section 2(1) ECA. The Explanatory Notes to the EUW Bill give the example of Commission Decision 2011/753/EU, establishing the rules and methods for calculating targets for re‐use and recycling set out in the Waste Framework Directive, which has not been implemented via specific legislation, but is available in domestic law via section 2(1) ECA. But Commission decisions may need further national implementation, and in the UK this can be done by Statutory Instrument (SI). Commission decisions that have required further implementation by SI are listed in Annex IV.
19 It also adopts decisions with other EU institutions, such as the Court of Justice of the EU, European Court of Auditors, European Economic and Social Committee and European Committee of the Regions, e.g. 2009/496/EC,Euratom: Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions of 26 June 2009 on the organisation and operation of the Publications Office of the European Union. 20 E.g Commission decision 2008/126/EC on UK aid to ‘Investbx’. 21 This means they do not need any other legal acts in the Member State to make them into law, e.g. the mobilisation of funds from the EU Budget. 22 Article 288 TFEU states that a decision may specify to whom it is addressed, while former Article 249 TEC referred only to a decision specifying to whom it was addressed. 13 Commons Library Briefing, 18 January 2018
Direct effect As well as being directly applicable, decisions addressed to specific individuals or companies have direct effect (i.e. they can directly create rights and obligations for the addressees, who can invoke them and rely on them before courts). Decisions addressed to a specific Member State or States may have direct effect, depending on their nature, background and wording. The CJEU recognises only a ‘vertical’ direct effect of decisions addressed to one or more EU States. This means that individuals may rely on a decision only against the EU State to which it is addressed and not against another individual.23
2.3 Council decisions Council decisions are made by government ministers from the EU Member States, mostly with the European Parliament and by qualified majority (QM). If the Council adopts legislation, this is usually by the Ordinary Legislative Procedure (co-decision) on a proposal from the European Commission. The EP now has co-decision powers in nearly all EU policy fields. Its formal decisions and resolutions are adopted in plenary by a majority of votes cast unless the EU Treaties state otherwise. TFEU decisions Council or Council/EP decisions taken under provisions in the Treaty on the Functioning of the European Union (TFEU) concern a wide range of policy areas in the EU Treaties; for example: • financial and technical aid and cooperation under Article 212 • financial assistance to other Member States under Article 143 • the mobilisation of an EU fund or the Flexibility Instrument • the EU position to be taken under an international agreement on in an international organisation • the opening, signing, conclusion, ratification of or accession to external agreements under Article 218 • cross-border public health issues under Article 168 • EU participation in cultural programmes under Article 167 • enhanced cooperation arrangements under Article 329 • Euratom.
TEU decisions Council decisions taken under the Treaty on European Union (TEU) include pre-Lisbon Treaty framework decisions and Justice, Justice and Home Affairs (JHA) decisions, and Common Foreign and Security Policy
23 See Europa at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l14547 and EU Court of Justice Judgment of 10 November 1992, Hansa Fleisch and Council Decision 88/408/EEC 14 Legislating for Brexit: EU Decisions
(CFSP) decisions. These are taken by unanimity, are not generally subject to judicial review by the Court of Justice of the EU (CJEU), and the Commission and EP have only secondary, consultative or implementing roles. They can be ‘inter-governmental’ decisions which are taken by Member State governments and implemented by them in a similar way to directives in the TFEU. According to Eur-Lex, in mid-September 2017 around 2,200 decisions of the Council and EP or the Council alone were in force. This figure includes different types of decision in TEU and TFEU provisions. Council decisions and Council/EP decisions are listed in Annex III. This list is not exhaustive.
2.4 Justice and Home Affairs (JHA) decisions and framework decisions In the pre-Lisbon Title VI TEU, Police and Judicial Cooperation in Criminal Matters, in addition to measures on cooperation and collaboration, Member States adopted decisions (367), ‘common positions’ (6), ‘joint actions’ (11) and conventions (14).24 JHA decisions were often adopted by the Council (Member State governments) by unanimity and there was only a limited mandate for the EU Court of Justice. They did not entail direct effect. For example, Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes was based on Article 30(1)(a) and Article 34(2)(c) in former Title VI TEU, Provisions on Police and Judicial Cooperation in Criminal Matters. Council decisions may or may not require further legislation to implement them in the UK, depending on whether or to what extent their provisions are covered by existing domestic legislation. Framework decisions Under the Amsterdam Treaty of 1997 framework decisions were introduced in the JHA area to approximate the legal and administrative provisions in Member States. The EU acquis still contains a number of pre-Lisbon framework decisions, which are mainly in the area of police and judicial co-operation in criminal matters. Framework decisions are like directives in that they require Member States to achieve specific results, but it is left to the Member States to decide how to implement them. Framework decisions do not have direct effect and were, until the Lisbon Treaty came into force, subject only to the optional jurisdiction of the EU Court of Justice. Lisbon abolished framework decisions, allowing the EU to enact directives and regulations in the area of judicial cooperation in criminal justice using the Ordinary Legislative Procedure
24 Figures taken from Eur-Lex, 6 December 2017. 15 Commons Library Briefing, 18 January 2018
(co-decision), with obligatory CJEU jurisdiction from 1 December 2014 (see also below).25 Many pre-Lisbon framework decisions in this area have been amended, replaced or repealed. Several Conventions were replaced by JHA decisions. For example, the European Police Office (Europol), established under the 1995 Europol Convention, was replaced by Council Decision 2009/371/JHA of 6 April 2009. JHA Council decisions have also established: • Eurojust, the European Judicial Cooperation Unit (Council decision 2002/187/JHA of February 2002) • Stepping up cross-border cooperation, particularly in combating terrorism and cross-border crime (Council Decision 2008/615/JHA - the Prüm Decision - 23 June 2008) • European Migration Network (EMN) (Council Decision 2008/381/EC, May 2008) • Visa Information System (VIS) for the prevention, detection and investigation of terrorist offences and other serious criminal offences (Council Decision 2008/633/JHA, 23 June 2008) • European Criminal Records Information System (ECRIS) and standardised format for exchanging criminal records information electronically between Member States (Council Decision 2009/316/JHA of 6 April 2009) UK measures implementing JHA framework decisions are listed in Annex I. This list is not exhaustive. UK JHA opt-out and opt-in arrangements In December 2009 the Lisbon Treaty removed the three-pillared structure of the EU and brought Justice and Home Affairs (JHA) matters into Title V of the TFEU, renaming it the Area of Freedom, Security and Justice (AFSJ). The UK secured an opt-in arrangement with regard to acceptance of the powers of the Commission and Court of Justice in pre-Lisbon measures in the field of police and judicial co-operation in criminal matters, and an opt-out from Schengen measures on border controls. EU laws in these areas have been adopted on a case-by-case basis. In Protocol No. 36, attached to the EU Treaties, the UK was given five years in which to maintain its opt-in and opt-out arrangements, after which it had to notify the Council of a decision to adopt or to opt out of all remaining unamended pre-Lisbon laws in these areas and accept CJEU jurisdiction. In a letter to the President of the Council of 24 July 2013, the UK exercised this power: 46 non-Schengen measures and 13 Schengen
25 E.g. Proposal for a Directive of the EP and Council on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA, COM/2017/0489 final, 13 September 2017, and Directive of the EP and Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA. 16 Legislating for Brexit: EU Decisions
measures,26 including 15 framework decisions, ceased to apply to the UK from 1 December 2014. Under Article 10(5) of Protocol No. 36, the UK could notify the Council of its wish to re-participate in the relevant acts on a case-by-case basis. The Government decided to opt back into 35 acts, which are listed in Cm 8671, the Decision pursuant to Article 10 of Protocol 36 to The Treaty on the Functioning of the European Union, July 2013.27
Box 1: Case study – the European Arrest Warrant (EAW) Council framework decision of 13 June 2002 established the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision (2002/584/JHA).
The Framework Decision was implemented in the UK by Parts 1 and 3 of the Extradition Act 2003, which came into force on 1 January 2004. Other UK primary and secondary legislation also refer to provisions in the EAW: • The Extradition Act 2003 (Amendment to Designations) Order 2007 • Police and Justice Act 2006 Policing and Crime Act 2009 (part 6) Crime and Courts Act 2013 • Anti-Social Behaviour, Crime and Policing Act 2014 • Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004
The policy issues of withdrawing from the EAW are complex and the Government has said it would like to remain in the arrangement.28
When the UK leaves the EU the EAW Framework Decision cannot be retained as it stands in UK law under the EU (Withdrawal) Bill and remain effective, because it is based on reciprocal obligations and cooperation between Member States.
While the UK could continue to process EAWs from other Member States, as Rosemary Davidson pointed out in oral evidence to the Lords Home Affairs Committee on 29 March 2017, the UK would have no “control over how our outgoing requests were treated abroad”. There is also the big cross- cutting issue of judicial oversight and whether the CJEU or another body would fulfil this role, either in a transitional period or longer term. This is a major issue in the Brexit negotiations.
UK legislation implementing the EAW will probably have to be amended to remove the framework decision from UK statutes and regulations. The Extradition Act 2003 will need to be amended to designate EU Member States as category 2 territories rather than category 1 territories, which they are at present under Part 1 of the Act.
26 Schengen Agreement provisions abolish checks at the EU's internal borders, while tightening controls at its external borders, in accordance with a single set of rules. For the UK position on Schengen measures, see List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which cease to apply to the United Kingdom as from 1 December 2014 pursuant to Article 10(4), second sentence, of Protocol (No 36) on transitional provisions 27 The list of all UK opt-ins from 1 December 2009 until the present is available in a Ministry of Justice and Home Office document, which is regularly updated. 28 E.g. Home Secretary Amber Rudd told the Commons on 6 March 2017 that it was “a priority for us to ensure that we remain part of the arrangement”. 17 Commons Library Briefing, 18 January 2018
There are possible options for the UK to remain in such an arrangement and the Government set out its policy aims in a Future Partnership Paper, Security, law enforcement and criminal justice, 18 September 2017.
For further information on the EAW, its operation in the UK and the impact of Brexit, see Commons Briefing Paper 7016, The European Arrest Warrant, 18 April 2017 and the Lords EU Committee, Home Affairs sub-committee, 6th Report of 2017–19, HL Paper 16, Brexit: judicial oversight of the European Arrest Warrant, 27 July 2017.
2.5 Common Foreign and Security Policy decisions A different kind of EU decision Under the Lisbon Treaty the Common Foreign and Security Policy (CFSP) remained in the TEU, the intergovernmental first part of the EU Treaties. The whole European Union now has legal personality, which means the EU can act on the international plane.29 Non-legislative decisions have become the foundation of the EU’s Common Foreign and Security Policy (CFSP), which is set out in Title V of the TEU. The CFSP is expressed largely through decisions and guidelines; these decisions replace the earlier common strategies, common positions and joint actions.30 The European Scrutiny Committee Guide describes CFSP procedures as follows: CFSP procedures are different from all other areas of EU activity: the CFSP remains essentially inter-governmental in character; CFSP measures are ‘non-legislative’ [Article 24 TEU] and almost always adopted on the basis of unanimity; the Commission is far less influential and has no exclusive right of initiative, although the Council may require the Commission to submit proposals; provisions exist for the Parliament to be kept informed, but it has no right of veto over CFSP policies. The common instrument of the CFSP is a Council Decision. Under Article 25 TEU the EU adopts decisions defining:
• actions to be undertaken by the EU • positions to be taken by the EU
• arrangements for the implementation of these actions and positions
29 This means the EU can conclude and negotiate international agreements, become a member of international organisations and join international conventions. Source: Eur-Lex glossary, Legal personality of the Union. 30 See EP briefing paper, The Lisbon Treaty and its implications for CFSP/ESDP, February 2008 18 Legislating for Brexit: EU Decisions
For these purposes the European Council and the Council adopt non- legislative decisions, usually unanimously rather than by QMV,31 in accordance with Article 31(1) TEU. The EU's Common Security and Defence Policy (CDSP) is an integral part of the CFSP. Decisions of the Political and Security Committee (PSC) and of the High Representative of the Union for Foreign Affairs and Security Policy are also part of the CFSP. According to Eur-Lex there are nearly 400 CFSP decisions currently in force. Many of these amend or replace earlier common positions32 or joint actions.33 Decisions about international relations Council decisions made under the CFSP, CSDP, and pre-Lisbon CFSP common positions and joint actions, are part of the EU’s and the UK’s international relations. Many are linked to United Nations and Organization for Security and Co-operation in Europe (OSCE) obligations. Many CFSP decisions do not require national legislation to implement them. Whether CFSP decisions can have direct effect has been the subject of some debate.34 CFSP decisions and their predecessors concern, for example, sanctions, travel bans and other restrictive measures against third states, groups or individuals, measures to combat terrorism, common rules on exports of military technology and equipment, the appointing of EU Special Representatives and extensions of mandates of EU missions abroad. Sanctions decisions that need an accompanying regulation Many EU restrictive measures are enacted by a combination of a decision and a regulation. Measures laid down in a binding CFSP Council Decision, such as arms embargoes or travel restrictions, are adopted by unanimity under Article 29 TEU and implemented directly by the Member States.35 Economic sanctions such as asset freezes and export bans require additional implementing legislation in the form of a Council regulation - directly applicable and binding on individuals and
31 QMV is used in two cases: for decisions applying a common strategy defined by the European Council; for any decisions implementing a joint action or common position already adopted by the Council. 32 A common position is a legally-binding expression of the EU’s position on a matter adopted under the CFSP to which Member States are obliged to conform. 33 For example, Council decision (CFSP) 2017/973 of 8 June 2017 amended Joint Action 2008/124/CFSP on the EU Rule of Law Mission in Kosovo (EULEX KOSOVO). 34 Professor Piet Eeckhout argues that although CFSP decisions “cannot contain general provisions producing legal effects in relation to third parties which are directly applicable in the Member States”, with the implication that they do not have direct effect in the Member States or prevail over national law, they do, like EU directives, carry an obligation that Member States must comply with them. He asks: “Since CFSP decisions do not of themselves have any effect in and on national law, are they, by definition, not legislative acts?” EU External Relations Law (2nd Ed), Oxford EU Law Library, 2011, p 482. 35 Article 29 TEU states that the Council “shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions”. 19 Commons Library Briefing, 18 January 2018
companies in the EU - which sets out the detailed scope of the measures and the means of their implementation.36 The ‘principal’ decision introducing the restrictive measures and the regulation defining the specific measures falling under EU competence are formally adopted by the Council at the same time or with minimum delay between the two instruments.37 The Lisbon Treaty empowered the CJEU to review the decisions of the Council in sanctions matters. The latest European Commission publication of EU Restrictive measures (sanctions) in force (Article 215 TFEU regulations and CFSP decisions) is dated 4 August 2017. More recent Council decisions on travel restrictions are not yet on the consolidated EU list. The EU’s Consolidated Financial Sanctions List was updated on 26 December 2017. UK implementation Many CFSP decisions (and common positions) do not need legislative implementation in the Member States after their adoption by the Council, but in the UK they may be implemented by primary and/or secondary legislation. For example, the Council Common Position 2008/944/CFSP of 8 December 2008 defining “common rules governing control of exports of military technology and equipment” is implemented by the Export Control Act 2002, which came into force in May 2004, and the Export Control Order 2008 (SI 2008 No. 3231). The dual-use goods list in Annex I of Council decision 94/942/CFSP is implemented by the Dual-Use and Related Goods (Export Control) Regulations 1995. The Government’s legislation website has entries for 146 CFSP-related SIs (many of which may no longer be in force). EU (and UN) travel restrictions are implemented by amendments to the Immigration (Designation of Travel Bans Order 2000. Section 8B of the Immigration Act 1971 (as inserted by Section 8 of the Immigration and Asylum Act 1999) provides for the exclusion from the UK of persons subject to UN or EU restrictive travel measures which have been designated by Order. The Schedule to the 2000 Order listed eight pre- Lisbon Treaty common positions and two UN Security Council Resolutions imposing travel bans. It has been updated at intervals to take account of changes to travel restrictions, including the lists of designated persons, as a result of EU and/or UN decisions.
The effect of substituting the Schedule is to add to and delete from the list of designated instruments.38 The Schedule to the Immigration
36 See Consilium, Adoption and review procedure for EU sanctions. 37 Council of the EU, Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy, 15 June 2012; see also Adoption and review procedure for EU sanctions. 38 Explanatory Note to 2015 Order. See also Explanatory Memorandum to the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2015 (S.I. 2015 No. 1994). 20 Legislating for Brexit: EU Decisions
(Designation of Travel Bans) (Amendment No. 2) Order 2015 (the most recent such S.I.) lists resolutions of the UN Security Council in Part I and EU Council decisions (and three remaining common positions) in Part II.
Box 2: implementation of EU restrictive measures in the UK - recent examples Many EU restrictive measures are implemented as EU obligations under powers conferred by the European Communities Act 1972 and other delegated powers. Mali Council Regulation (EU) 2017/1770 of 28 September 2017 accompanying Council decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali have been implemented in the UK in the Republic of Mali (European Union Financial Sanctions) Regulations 2017, the Mali (Sanctions) (Overseas Territories) Order 2017 and the United Nations and European Union Financial Sanctions (Linking) (Amendment) (No. 2) Regulations 2017, which links the EU with the corresponding UN sanctions for the purposes of section 155 of the Policing and Crime Act 2017. Burundi On 23 October 2017, the Council renewed EU restrictive measures - a travel ban and asset freeze against four individuals - against Burundi. Council Decision (CFSP) 2017/1933 of 23 October 2017 amended the 2015 CFSP decision and extended Council Regulation 2015/1755 until 31 October 2018. The regulation is given direct effect under the ECA.
The travel restrictions are enforced using secondary legislation under section 8B of the Immigration Act 1971. The Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2015 will be amended to take account of the extension.
The European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017 extend the organisations to which the domestic legislation and associated criminal law applies to include other businesses or professions to ensure the UK meets best practices set by the Financial Action Task Force.
Penalties for infringement are enforced by secondary legislation. The Burundi (European Union Financial Sanctions) Regulations 2015 will be amended. The European Union Financial Sanctions (Enhanced Penalties) Regulations 2017 provides new measures under powers in the ECA and section 144(5) of the Policing and Crime Act 2017. The Burundi (Sanctions) (Overseas Territories) Order 2015, which gave effect in certain British Overseas Territories to the sanctions specified in the Council decision, will need to be amended.
Council decisions on external agreements When the EU negotiates and adopts agreements with third countries or organisations, the Council adopts decisions to authorise the opening of negotiations (Article 207 TFEU), the signing and/or conclusion of agreements (Article 218 TFEU) and often their provisional application (Article 218(5) TFEU). The Council acts by QMV or by unanimity, depending on the subject matter of the agreement (e.g. Council decision 2011/265/EU of 16 September 2010 authorised the signing, on behalf of the EU, and the provisional application of, the Free Trade 21 Commons Library Briefing, 18 January 2018
Agreement between the EU and its Member States and the Republic of Korea).39
Council decisions on the conclusion of such agreements confirm EU ratification, but are only adopted by the Council once Member States’ ratification procedures are complete. Then the agreement enters into force. But provisional application of parts of the agreement that are within the exclusive competence of the EU can be introduced at signature, without full ratification. For example, Council decision 2015/2169 of 1 October 2015 was on the conclusion of the Free Trade Agreement (FTA) between the EU and its Member States and the Republic of Korea, but Council decision 2011/265/EU of 16 September 2010 on the signing and provisional application of the FTA meant that elements of it could enter into force earlier.
UK implementation The EU decisions on the opening, signing and conclusion of external agreements are not legislative proposals. The Council decisions themselves do not have to be transposed into UK law,40 but there is a procedure for the UK implementation of the agreement once the Council has adopted the decision to conclude it.41
Further UK legislation may be needed to implement an EU agreement and this must be in place before ratification/accession is completed. For example, in order to implement Council Decision 2002/762/EC authorising the Member States to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (the Bunkers Convention), the UK passed the Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006, which amended Chapter 3 of Part 6 of the Merchant Shipping Act 1995.
Once concluded, many EU external agreements need to be specified as EU Treaties by Order in Council in accordance with section 1(3) ECA in order to have legal effect in the UK. The Free Trade Agreement between the EU and its Member States and South Korea, for example, was signed on 6 October 2010. The UK had published an impact assessment on the treaty on 6 May 2010 and the treaty text was published in the UK as a Command Paper. The European Union (Definition of Treaties) (Republic of Korea Free Trade Agreement) Order
39 EU external agreements are listed in Commons Briefing Paper 7850, Legislating for Brexit: EU external agreements, 5 January 2017. When the EU concludes an agreement containing policy areas where both the EU and the Member States have competence to act, these are called ‘mixed agreements’. 40 These Council decisions may be included in the schedules of SIs as equivalence decisions, where the European Commission recognises that the regulatory or supervisory regime of non-EU countries is equivalent to the corresponding EU framework. For example, in Schedule 2 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006. 41 See Commons Briefing paper 7192, EU external agreements: EU and UK procedures 29 March 2016. 22 Legislating for Brexit: EU Decisions
2012 gave effect in UK law to the agreement by declaring it to be an EU Treaty as defined by ECA section 1(2).42
There are 144 such EC or EU “definition of treaties” Orders on the Government’s legislation website.
Box 3: Case study – arms export controls Since it was agreed in 2008, European Council Common Position 2008/944/CFSP has been widely cited as the basis on which the Consolidated EU and National Arms Export Licensing Criteria (the Consolidated Criteria), which are used by the UK authorities to make arms export licensing decisions, became legally binding in the UK.
The 2008 Common Position contains eight criteria against which export licensing applications can be approved or refused by EU Member States. The wording of the Common Position is extremely similar to that found in the Consolidated Criteria.
The EUW Bill appears to indicate that, for its purposes, CFSP decisions like the 2008 Common Position are not considered EU law by the UK Government, but are instead “international obligations” as defined in Clause 8.
In this context, the argument of the English High Court in paragraph 6 of its July 2017 judgement in the judicial review into the Government’s decision to continue to issue licences for the export of strategic military items to Saudi Arabia is relevant:
The Common Position built upon the Consolidated Criteria of 1998. It sounds only in international law as an agreement between the Member States, rather than being part of EU law.
Given that the 2008 Common Position is not to be part of “retained EU law” under the EUW Bill, some might ask if secondary legislation will be required to enable the UK to meet its “international obligations” in this sphere of policy.
It is likely – although it has not said so explicitly – that the UK Government does not think that this is necessary. The UK Government appears to be of the view that the Consolidated Criteria, which are “guidance” under Section 9 of the Export Control Act 2002, “enable continued compliance with the UK’s “international obligations”.
However, Section 9 of the Act creates only a general duty to provide guidance; it has nothing to say about what its content should be. The full text of the Consolidated Criteria is not set out in any of the secondary legislation that currently flows from the 2002 Act.
This is an issue which Parliament is yet to consider. For a more detailed discussion of these issues, see Commons Briefing Paper 2729, The legal and regulatory framework for UK arms exports, 4 September 2017.
For another discussion about the future UK legal and regulatory framework for arms exports after Brexit, see Saferworld’s July 2017 report, Brexit and the future of UK arms transfer controls.
42 The effect of declaring the Agreement to be an EU Treaty is that the provisions of section 2 ECA (which provide for the implementation of EU Treaties) apply to it. 23 Commons Library Briefing, 18 January 2018
3. Brexit legislation 3.1 The European Union (Withdrawal) Bill When the UK leaves the EU (expected to be 29 March 2019), the UK’s European Union relationship with EU law, the EU Treaties, Court of Justice rulings and (Withdrawal) Bill 2017-19 other elements of the EU acquis will change. Even if, during a transition period, the UK continues to apply the acquis, it will be as a third state Clause 2 provides for outside the EU. This new, unprecedented relationship has yet to be domestic primary and defined, and transition will be the main subject of phase two of the secondary legislation Brexit negotiations. that give effect to EU law obligations to be The European Union (Withdrawal) Bill (EUW Bill) cuts off the source of retained; this body of European Union law in the UK by repealing the European Communities law is to be known as ‘EU-derived domestic Act 1972 (ECA) and removing the competence of European Union legislation’. institutions to legislate for the UK. It creates a new category of EU- derived domestic legislation for the UK: ‘retained EU law’, which will Clause 3 provides for consist of all of the converted EU law and preserved EU-related the conversion of domestic law which was in force up to the point the UK leaves the EU.43 existing EU law that applies in the UK into Retained EU law domestic law; this EU law which is currently directly applicable or made effective under body of law is to be known as ‘direct EU section 2(1) ECA will cease to be part of UK law on Brexit day, when the legislation’. ECA is repealed under clause 1. This will include directly effective Treaty provisions, EU regulations, provisions of directives with direct effect and Clause 4 saves rights decisions of the EU institutions which are binding on their addressees. and obligations in EU law that take effect The conversion of EU law (clause 3) and the preservation of existing EU- through section 2(1) related domestic legislation that would otherwise be lost on repeal of ECA and that are not the ECA (clause 2), is intended to provide legal continuity during and converted by clause 3. after Brexit. Without these measures, there would be large gaps in the
statute book in important areas of policy where the EU currently has competence, such as agriculture, environmental law and immigration.
3.2 The EUW Bill and EU decisions The debate about retained EU law has been largely about EU regulations and directives, with decisions - which include a large and diverse range of EU acts - not much discussed. Under clause 14(1) of the Bill (Interpretation), an “EU decision” means either an Article 288 TFEU decision or a decision under former Article 34(2)(c) TEU (police and judicial cooperation in criminal matters – where the UK has an opt-in arrangement). But is this a sufficiently broad definition of an EU decision? Clauses 3 and 4 ensure that most EU decisions will remain part of UK law after exit day. Although there are some exemptions (e.g. CFSP decisions, see clause 6, below), could there possibly also be some omissions?
43 For further information on retained EU law, see Commons Briefing Paper 8136, The European Union (Withdrawal) Bill: Retained EU law, 10 November 2017. 24 Legislating for Brexit: EU Decisions
Clause 3 is designed to catch a significant proportion of EU legislation that is directly applicable in the UK through a combination of Section 2(1) ECA and the UK’s membership of the EU. Clause 3(1) domesticates, or converts, “direct EU legislation” which is “operative” immediately before exit day into domestic law post-exit day. Being “operative” means it is actively functional, as opposed to merely being in force. Clause 3(2) makes clear that “direct EU legislation” does not refer to all the directly applicable EU legislation currently enforced in the UK. Direct EU legislation includes: • EU regulations • EU decisions • EU tertiary legislation (EU delegated and implementing measures, including decisions) • Annexes to the EEA agreement and Protocol 1 to the EEA agreement. Clause 3(2)(a) converts ‘direct EU legislation’ - EU regulations, certain EU decisions and EU tertiary legislation (delegated and implementing acts) - as they have effect immediately before exit day. Where the date of application (being operative) falls after exit day, the provision is not converted. So in the case of EU decisions, if the date of notification to the addressee (e.g. the UK or a person or company in the UK) falls before exit day, then that decision is converted”.44 Under clause 3(2)(a)(ii), EU decisions which are addressed only to a Member State other than the UK are not converted into UK law. If EU‐ derived domestic legislation under clause 2 reproduces the effect of an EU regulation, decision or tertiary legislation, these instruments are not converted under this clause. “This is to avoid duplication on the statute book after exit”.45 Clause 3(2)(b) and 2(c) convert into UK law any relevant EU decisions and tertiary legislation as they apply to the European Economic Area (EEA), and any Annex to the EEA Agreement to the extent that it relates to those EU decisions. The Bill does not specify all the Treaty Articles under which decisions (or other EU acts) can be made, so it is not clear whether other kinds of decisions will be covered. One commentator suggests that decisions “made under other specific Treaty provisions may have been missed by the Withdrawal Bill definitions”, and gives the example of Commission decisions on competition law cases under Articles 105(2) and 106(3) TFEU.46
44 EUW Bill, Explanatory Notes, p. 24. 45 EUW Bill, Explanatory Notes, p. 23. 46 Herbert, Smith, Freehills, Legislating for the UK’s withdrawal from the EU, August 2017 25 Commons Library Briefing, 18 January 2018
Clause 3(3)(b) stipulates that publication of the decision in the Official Journal of the European Union (OJEU) is not enough – there must be notification. Clause 4(1) preserves any rights, powers, liabilities, obligations and restrictions currently “recognised and available” through section 2(1) ECA immediately before exit day, that are not also caught by clause 3. Clause 4 is cast in general terms (“any rights…”) and does not attempt to define in precise terms which provisions of EU law are to be continued after exit. The Government has described clause 4 as a “broad ‘sweeper’ provision”.47 Under the EUW Bill judicial decisions of the Commission or the CJEU made after exit day will not be binding on UK courts. This is set out at clause 6(1)(a) and (2). But the Bill provides that UK courts may “be able to consider post‐exit EU actions including CJEU case law if they consider it appropriate”.48 Exempt EU instruments – Schedule 6 with clause 14 Schedule 6 provide that certain instruments are exempt EU instruments and will not be converted. This is because, for example, they do not apply to the UK or because, in the Justice and Home Affairs area, the UK opted out or did not opt into a measure under Protocols 19 and 21 attached to the Treaties. The UK Government has long maintained that the former inter- governmental second and third pillars of the EU (Common Foreign and Security Policy – CFSP - and Justice and Home Affairs - JHA) did not need to be incorporated into amendments to the ECA because they were decided by the Member States acting inter-governmentally and not the EU institutions. So previous EC/EU Amendment Bills added new EC/EU Treaties to Section 1(2) ECA in parts, rather than as a whole, omitting the inter-governmental elements because they did not require ECA amendment for their implementation. So, for example, the European Communities (Amendment) Act 2002 concerning the Treaty of Nice added to Section 1(2) ECA only Articles 2 to 10 and other provisions “so far as they relate to those Articles”.49 To have added the new Treaties as a whole would in some respects have been tidier, but this would have breached the principle upheld by UK governments that it is important to maintain the distinction between the ‘intergovernmental’ and ‘Community’ (now Union) aspects of EU Treaties. Only the latter have been of consequence with regard to UK
47 Department for Exiting the European Union—Written evidence to the HL Constitution Committee (EUW0036) 48 EUW Bill Explanatory Notes, p. 28, para. 104. Lawyers at Blackstone Chambers maintain “The issue for UK competition lawyers in particular is what will remain of accrued but (as yet) unenforced claims for damages under Article 101 TFEU for loss sustained prior to 29 March 2019”. Brexit through the Gift Shop? Are we about to give away our competition law claims? Kieron Beale QC and Isabel Buchanan, 4 December 2017 49 Article 1 of the Nice Treaty amended the Treaty on European Union, while Articles 11-13 concerned treaty ratification. 26 Legislating for Brexit: EU Decisions
law; the intergovernmental elements are binding externally on the UK, but are not enforced internally by UK courts. The EUW Bill maintains the Government’s earlier approach in relation to CFSP decisions and common positions. Schedule 6(1) provides that “exempt EU instruments” includes existing EU decisions which do not apply to the UK under relevant Protocols, and decisions relating to the CFSP in Title V of the pre‐Lisbon TEU and under the current Title V TEU. So non-legislative CFSP decisions and common positions and European Council decisions will not be converted into UK law. On the Government’s legislation website, there are 67 entries for UK legislation linked to EU common positions. Most of these refer to EU travel bans and most have been replaced by subsequent CFSP or other decisions. ‘CFSP’ in UK legislation returned 146 results.50 CFSP decisions over the last five years are listed in Annex II. This list is not exhaustive. Clause 8 Clause 8 gives Ministers the power, until two years after exit day, to make secondary legislation to enable continued compliance with the European Council UK’s international obligations by preventing or remedying any breaches guidelines for the Brexit that might otherwise arise as a result of withdrawal.51 negotiations, 29 April 2017:
The Government says clause 8 is needed because clause 7 may not “… the European always provide the requisite power (clause 7 only covers failure of Council expects the retained EU law to operate effectively, or deficiencies in retained EU United Kingdom to law). The clause 8 power may have to be used when a breach of honour its share of all international obligations arises from withdrawing from the EU but there international commitments contracted is no relevant deficiency in retained EU law.52 in the context of its EU membership. In such CFSP decisions on restrictive measures against third states or individuals instances, a constructive are covered by the EUW Bill, but their amendment is not (see section dialogue with the United 4.2). But many CFSP and common positions concerning the EU’s Kingdom on a possible common approach external relations and foreign policy will not be retained by the Bill. towards third country Some might raise concerns about the continuity of some of the UK’s partners, international external obligations which are based on EU agreements - in the area of organisations and arms export controls, for example (see Box 3, p.22). conventions concerned should be engaged”. The European Commission also addresses decisions to Member States under Articles 106 TFEU on competition rules and Article 108 TFEU on state aid. According to the Commission’s infringement database there are at present 80 active infringement cases against the UK, based on decisions of the Commission to send a letter of formal notice.
50 Both figures from early January 2018. 51 For a more detailed discussion of clause 8 of the EUW Bill, see Commons Briefing Paper 8170, EU (Withdrawal) Bill: clauses 9, 8 and 17, 11 December 2017. 52 See Department for Exiting the EU, Memorandum concerning the Delegated Powers in the Bill for the Delegated Powers and Regulatory Reform Committee, para 51. 27 Commons Library Briefing, 18 January 2018
4. Other Brexit-related Bills 4.1 Bills to allow government amendment of policies after Brexit In addition to the European Union (Withdrawal) Bill, the Government has announced other Bills that will allow the Government to implement certain policies currently governed by EU law, but also for policy divergences:
• The International Sanctions Bill – introduced in House of Lords 19 October 2017; Second Reading 1 November; completed four days in Committee 12 December. Report stage started 15 January 2018 (see below). • The Taxation (Cross-border Trade) Bill – introduced, Second Reading on 8 January. See CBP 8126, The Taxation (Cross-border Trade) Bill, 4 January 2018. • The Trade Bill – introduced, Second Reading on 9 January. See CBP 8073, Commons Briefing Paper: The Trade Bill, 8 January 2018. • The Nuclear Safeguards Bill – awaiting dates for Report Stage. See CBP 8107, Nuclear Safeguards Bill 2017-19, 3 November 2017. • The Immigration Bill – not yet introduced • The Agriculture Bill – not yet introduced • The Fisheries Bill – not yet introduced
In addition, on 13 November 2017 the Government announced that there would be an EU Withdrawal Agreement and Implementation Bill, which will incorporate into UK law the Withdrawal Agreement itself (which will contain transitional arrangements and the framework for future EU-UK relations). The Sanctions and Anti-Money Laundering Bill The EUW Bill will retain EU legislation (decisions and regulations) on international sanctions, but it does not provide powers to amend or lift them. The Queen’s Speech on June 2017 announced a separate Bill on the UK’s EU-based sanctions regimes. The Government said in its response to a consultation on the matter: Many of our current sanctions regimes are established via powers in the European Communities Act 1972 (ECA) so we will need new legal powers to replace these once the ECA is repealed. It is not possible to achieve this through the European Union (Withdrawal) Bill, as it will not provide the powers necessary to update, amend or lift sanctions after exit day in response to fast moving events. This inability would leave us in breach of our international obligations and unable to work effectively with our European and international partners to tackle shared challenges.53 The Sanctions and Anti-Money Laundering Bill [HL] 2017-19 was introduced in the House of Lords on 19 October 2017. It had a Second
53 Public consultation on the United Kingdom’s future legal framework for imposing and implementing sanctions, Government response, August 2017, Cm 9490 28 Legislating for Brexit: EU Decisions
Reading on 1 November and completed four days in Committee on 12 December. Report stage started on 15 January 2018. This Bill is intended to enable the UK to continue to implement EU sanctions regimes and to use sanctions to meet national security and foreign policy objectives, keep its anti-money laundering and counter- terrorist financing measures up to date, help protect the security of the UK and continue to align the UK with international standards.54 Chapter 3 of the Explanatory Notes explain the temporary powers in relation to EU sanctions lists in clauses 28 to 31 of the Bill. Clauses 28 to 31 contain temporary powers that apply for a two- year period after the UK has left the EU. They enable certain changes to be made to any EU sanctions regimes that have been retained by the EU (Withdrawal) Bill, and have not been replaced by a UK sanctions regime contained in regulations made under clause 1. These powers are aimed at ensuring that the EU sanctions regimes can be updated for a short period after exit from the EU, until they are replaced by UK regimes, and are limited to enabling Ministers to add or remove names from lists of persons who are designated by virtue of their inclusion in a list attached to an EU instrument. These powers do not enable the substantive sanctions in retained EU law to be amended. Any such provision would require regulations under clause 1. This power would be used alongside the power in the EU (Withdrawal) Bill to make retained EU law operable after the UK leaves the EU.
Box 4: Case study – restrictive measures against Syria On 18 January 2012 the Council of the EU adopted Regulation (EU) No 36/2012 (as amended), which, together with Council Decision 2013/255/CFSP, as amended by Council Decision (CFSP) 2015/1836 of 12 October 2015, forms a package of measures addressing the violation of human rights by the Government of Syria. The measures comprise a ban on internal repression equipment and other export and import restrictions, travel restrictions, an asset freeze, a prohibition on participation in certain infrastructure projects and investment in such projects, restrictions on the provision of financial services, and other restrictions.
The export of arms and related materiel to Syria, to the extent that it is not covered by prohibitions in the Regulation, is subject to national export control decisions under EU Common Position 2008/944/CFSP. Arms embargoes can also be suspended under Article 29 TEU (former Article 15 TEU). Common Commercial Policy rules also apply; arms are goods whose importation into the EU is subject to the Common Customs Tariff and their import and export falls under EU competence.
The travel ban element of the 2013 Council Decision as amended is implemented in the UK by the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2015. It had to be implemented in the Overseas Territories by Orders such as this one - the Syria (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2015.
The EU regulation which accompanies the Council Decision is implemented in the UK by the Syria (European Union Financial Sanctions) (Amendment) Regulations 2013, the Export Control (Syria Sanctions) Order 2013, the Export Control (North Korea Sanctions and Iran, Ivory Coast and Syria Amendment) Order 2017, the Export Control (Various Amendments) Order 2015, the Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017, the Export Control (Syria and Libya Sanctions) (Amendment) Order 2017, the European Union Financial Sanctions (Enhanced Penalties) Regulations 2017, and the European Union Financial Sanctions (Amendment of Information Provisions) Regulations 2017.
54 Explanatory Notes, Overview of the Bill 29 Commons Library Briefing, 18 January 2018
These SIs were made in exercise of the powers conferred by section 2(2) ECA, by sections 1, 3, 4, 5 and 7 of the Export Control Act 2002, and section 8B(5) of the Immigration Act 1971; and for those linked to the Overseas Territories, by the British Settlements Acts 1887 and 1945 and other relevant Acts.
The EUW Bill retain the substance of the regimes provided by the EU decisions and regulations, but the Sanctions and anti-Money Laundering Bill will be used to create new sanctions and amend retained sanctions. Amendments to the Export Control and Immigration Acts will might also be needed.
The Trade Bill The current procedures for implementing FTAs in the UK will cease with Brexit. Many obligations in these agreements will be preserved under the EUW Bill, but it is unlikely that Council decisions opening, signing and concluding EU treaties with third states will be retained.
The Government has introduced new legislation, the Trade Bill, which will allow the UK to implement EU agreements with third states “and other international agreements aside from free trade agreements if they mainly relate to trade” with ‘equivalent’ provisions to the current FTAs. The Explanatory Notes state: 40. Currently when the EU implements [free trade] agreements, the EU’s implementation flows through to the UK through the ECA 1972. This either happens directly under section 2(1) of that Act, or through regulations the UK makes under section 2(2) of that Act. The EU (Withdrawal) Bill will repeal the ECA 1972, which means that this arrangement will cease to exist and the UK will need to implement individual obligations where necessary. The Notes also point out that if trade agreements or parts of them are not fully implemented via EU legislation on exit day, the EUW Bill “cannot be used and another legislative vehicle will be needed to enable these trade agreements to be fully implemented within UK law”. The Trade Bill will allow provisions of trade agreements to be implemented by secondary legislation.
See Commons Briefing Paper 8073, The Trade Bill, 8 January 2018, for further information on the Bill.
The Taxation (Cross-border Trade) Bill The Bill (sometimes referred to as ‘the Customs Bill’) also aims to adjust UK legislation for Brexit. Together with the Trade Bill, this Bill is intended to allow the UK to continue its existing trade policy as far as possible immediately after Brexit.
The purpose of the Bill is to allow the Government to create a functioning customs, VAT and excise regime for the UK after Brexit. The Bill also contains trade defence measures to protect UK industry from unfair competition from abroad and provisions on trade preferences which allow imports from developing countries to benefit from reduced customs duties. The Bill follows publication of a Customs White Paper in 30 Legislating for Brexit: EU Decisions
October 2017 and a Future Partnership Paper on customs in August 2017.
For further information on this Bill, see Commons Briefing Paper 8126, The Taxation (Cross-border Trade) Bill, 4 January 2018.
The Nuclear Safeguards Bill When the UK leaves the EU it will also leave the European Atomic Energy Community (Euratom). Clause 14(6) of the EUW Bill provides that references in that Bill to certain provisions of the TEU and TFEU include references to those provisions as they apply to the Euratom Treaty.
But further adjustments will be needed for when the UK leaves Euratom. This Bill would allow the Government to make regulations for, and implement international agreements in relation to, nuclear safeguarding. The Bill does not set out what the regulations will look like, but does include a duty to consult the UK’s Office for Nuclear Regulation. The new regulations, once introduced, will initially be subject to the affirmative procedure in both Houses, but later amendments will not unless they meet certain conditions. The Bill also allows existing legislation to be amended by regulation in relation to the UK’s withdrawal from Euratom.
For further information on the Bill, see Commons Briefing Paper 8107, Nuclear Safeguards Bill 2017-19, 3 November 2017.
31 Commons Library Briefing, 18 January 2018
5. Annex I – JHA framework decisions
The following table shows how JHA Framework Decisions which are still in force have been implemented in the UK.
EU Framework Decision UK implementing measure(s)
Council framework Decision Administrative means 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities
Council Framework Decision The Criminal Justice and Data Protection 2008/977/JHA of 27 November 2008 on (Protocol No. 36) Regulations 2014 the protection of personal data processed in the framework of police The Criminal Justice and Data Protection and judicial cooperation in criminal (Protocol No 36) (Amendment) matters Regulations 2014 Data Protection Act 1998
Council Framework Decision The Criminal Justice and Data Protection 2009/315/JHA of 26 February 2009 on (Protocol No. 36) Regulations 2014, the organisation and content of the 2014/3141 exchange of information extracted from the criminal record between Member The Criminal Justice and Data Protection States (Protocol No. 36) (Amendment) Regulations 2014, 2014/3191 The Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013, 2013/2945
Council Framework Decision Compliant through existing UK practice 2009/948/JHA of 30 November 2009 on and current Crown Prosecution Service prevention and settlement of conflicts of guidance. exercise of jurisdiction in criminal proceedings
Council Framework Decision The Criminal Procedure Rules 2015,, 2009/829/JHA of 23 October 2009 on 2015/1490 the application, between Member States of the European Union, of the principle The Criminal Justice and Data Protection of mutual recognition to decisions on (Protocol No. 36) (Amendment) supervision measures as an alternative to Regulations 2014, 2014/3191 provisional detention The European Protection Order (Scotland) Regulations 2015, 2015/107 The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014/3141 The Criminal Procedure (Amendment No. 2) Rules 2016, 2016/705 The Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014, 2014/337 Criminal Procedure (Scotland) Act 1995, 1995 c. 46 32 Legislating for Brexit: EU Decisions
EU Framework Decision UK implementing measure(s)
Council Framework Decision The Criminal Justice and Data Protection 2008/977/JHA of 27 November 2008 on (Protocol No. 36) (Amendment) the protection of personal data Regulations 2014, 2014/3191 processed in the framework of police and judicial cooperation in criminal The Criminal Justice and Data Protection matters (Protocol No. 36) Regulations 2014, 2014/3141 All consolidated versions: 02008F0977-20081230 Digital Economy Act 2017, 2017 c. 30 Data Protection Act 1998, 1998 c. 29
Council Framework Decision The Criminal Justice (European Protection 2008/947/JHA of 27 November 2008 on Order) (England and Wales) Regulations the application of the principle of mutual 2014, 2014/3300 recognition to judgments and probation decisions with a view to the supervision The Criminal Justice (European Protection of probation measures and alternative Order) (Northern Ireland) Regulations sanctions 2014, 2014/320 All consolidated versions: Criminal Justice and Licensing (Scotland) Act 2010, 2010 asp 13 02008F0947-20090328
Council Framework Decision Repatriation of Prisoners Act 1984 2008/909/JHA of 27 November 2008 on the application of the principle of mutual The Criminal Justice and Data Protection recognition to judgments in criminal (Protocol No. 36) Regulations 2014, matters imposing custodial sentences or 2014/3141 measures involving deprivation of liberty The Criminal Justice and Data Protection for the purpose of their enforcement in (Protocol No. 36) (Amendment) the European Union Regulations 2014 All consolidated versions: 02008F0909-20090328
Council Framework Decision The Proceeds of Crime Act 2002 2008/841/JHA of 24 October 2008 on the fight against organised crime Serious Organised Crime and Police Act 2005 Serious Crime Act 2007 Regulation of Investigatory Powers Act 2000 Police and Criminal Evidence Act 1984 Customs and Excise Management Act 1979 Borders, Citizenship and Immigration Act 2009 Extradition Act 2003 The Public Procurement (Miscellaneous Amendments) Regulations 2011, 2011 No. 2053 The Public Contracts and Utilities Contracts (Scotland) Amendment Regulations 2009, 2009 No. 428 The Procurement (Scotland) Regulations 2016, 2016 No. 145 The Public Contracts Regulations 2015, 2015 No. 102 The Utilities Contracts (Scotland) Regulations 2012, 2012 No. 89 33 Commons Library Briefing, 18 January 2018
EU Framework Decision UK implementing measure(s)
The Public Contracts (Scotland) Regulations 2012, 2012 No. 88 The Concession Contracts (Scotland) Regulations 2016, 2016 No. 65 The Concession Contracts Regulations 2016, 2016 No. 273 The Public Contracts (Scotland) Regulations 2015, 2015 No. 446 The Defence and Security Public Contracts Regulations 2011, 2011 No. 1848
Council Framework Decision The Coroners and Justice Act 2009 2008/675/JHA of 24 July 2008 on taking (Commencement No. 13) Order 2013, account of convictions in the Member 2013 No. 1104 (C. 47) States of the European Union in the course of new criminal proceedings The Coroners and Justice Act 2009 (Commencement No. 5) Order 2010, 2010 No. 1858 (C. 94) The Coroners and Justice Act 2009 (Commencement No. 1) (Northern Ireland) Order 2011, 2011 No. 182 (C. 10) Criminal Justice and Licensing (Scotland) Act 2010, 2010 asp 13
Council Framework Decision UK opted out, but covered by Part 3 and 2008/913/JHA of 28 November 2008 on 3A of Public Order Act 1986 combating certain forms and expressions Public Order (Northern Ireland) Order of racism and xenophobia by means of criminal law 1987 Criminal Procedures (Scotland) Act 1995 The Crime and Disorder Act 1998 The Criminal Justice Act 2003 The Criminal Justice (No.2) (Northern Ireland) Order 2004 The Criminal Justice (No.2) (Northern Ireland) Order 2004
Council Framework Decision The Criminal Justice and Data Protection 2006/960/JHA of 18 December 2006 on (Protocol No. 36) (Amendment) simplifying the exchange of information Regulations 2014, 2014 No. 3191 and intelligence between law enforcement authorities of the Member The Criminal Justice and Data Protection States of the European Union (Protocol No. 36) Regulations 2014, 2014 No. 3141 All consolidated versions: 02006F0960-20061230 Home Office Circular 30/2008
Council Framework Decision The Criminal Justice and Data Protection 2006/783/JHA of 6 October 2006 on the (Protocol No. 36) (Amendment) application of the principle of mutual Regulations 2014, 2014 No. 3191 recognition to confiscation orders Act of Adjournal (Criminal Procedure All consolidated versions: Rules 1996 Amendment) (Miscellaneous) 02006F0783-20090328 2016, 2016 No. 103 The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014 No. 3141 34 Legislating for Brexit: EU Decisions
EU Framework Decision UK implementing measure(s)
Council Framework Decision The Merchant Shipping (Implementation 2005/667/JHA of 12 July 2005 to of Ship-Source Pollution Directive) strengthen the criminal-law framework Regulations 2009 for the enforcement of the law against ship-source pollution All consolidated versions: 02005F0667-20051001
Council Framework Decision The Mutual Recognition of Criminal 2005/214/JHA of 24 February 2005 on Financial Penalties in the European Union the application of the principle of mutual (Scotland) (No. 2) Order 2014, 2014 No. recognition to financial penalties 336 Amended by Council Framework The Mutual Recognition of Criminal Decision 2009/299/JHA, on the Financial Penalties in the European Union application of the principle of mutual (Scotland) Order 2009, 2009 No. 342 recognition to financial penalties The Mutual Recognition of Criminal All consolidated versions: Financial Penalties in the European Union 02005F0214-20090328 (Scotland) (No. 1) Order 2014, 2014 No. 322
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement and Savings) Order 2007, 2007 No. 250 (C. 23) Criminal Procedure (Scotland) Act 1995, 1995 c. 46 The Criminal Procedure Rules 2012, 2012 No. 1726 (L. 6) The Criminal Procedure Rules 2011, 2011 No. 1709 (L. 15) The Criminal Procedure Rules 2014, 2014 No. 1610 (L. 26) The Criminal Procedure Rules 2015, 2015 No. 1490 (L. 18) The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014 No. 3141 The Criminal Procedure Rules 2013, 2013 No. 1554 (L. 16) Criminal Justice and Immigration Act 2008, 2008 c. 4 Criminal Proceedings etc. (Reform) (Scotland) Act 2007, 2007 asp 6
Council Framework Decision Proceeds of Crime Act 2002 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, s.143 of Powers of Criminal Courts Instrumentalities and Property (Sentencing) Act 2000
Council Framework Decision Misuse of Drugs Act 1971 2004/757/JHA of 25 October 2004 laying down minimum provisions on the Criminal Justice (International constituent elements of criminal acts and Cooperation) Act 1990 penalties in the field of illicit drug Proceeds of Crime Act 2002 trafficking Serious Crime Act 2007 Anti-social Behaviour Act 2003 35 Commons Library Briefing, 18 January 2018
EU Framework Decision UK implementing measure(s)
Criminal Attempts Act 1981 Drug Trafficking Act 1994 The Controlled Drugs (Drug Precursor)(Community External Trade) Regulations 2008 Controlled Drugs (Drug Precursors)(Intra- Community Trade) Regulations 2008
Council Framework Decision The Crime (International Co-operation) 2003/577/JHA of 22 July 2003 on the Act 2003 (Commencement No. 5) Order execution in the European Union of 2009, 2009 No. 2605 (C. 112) orders freezing property or evidence The Criminal Justice and Data Protection All consolidated versions: (Protocol No. 36) (Amendment) 02003F0577-2003080 Regulations 2014, 2014 No. 3191 Act of Sederunt (Rules of the Court of Session 1994 and Summary Application Rules 1999 Amendment) (Serious Crime Prevention Orders etc.) 2016, 2016 No. 319 The Crime (International Co-operation) Act 2003 (Commencement No. 6) Order 2014, 2014 No. 3192 (C. 142) The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014 No. 3141 Serious Organised Crime and Police Act 2005
Council Framework Decision The Public Procurement (Miscellaneous 2003/568/JHA of 22 July 2003 on Amendments) Regulations 2011, combating corruption in the private 2011 No. 2053 sector The Procurement (Scotland) Regulations 2016, 2016 No. 145 The Utilities Contracts (Scotland) Regulations 2012, 2012 No. 89 The Public Contracts (Scotland) Regulations 2012, 2012 No. 88 The Concession Contracts (Scotland) Regulations 2016, 2016 No. 65 The Public Contracts (Scotland) Regulations 2015, 2015 No. 446 Bribery Act 2010
2002/946/JHA: Council framework Criminal Justice and Data Protection Decision of 28 November 2002 on the (Protocol No. 36) Regulations 2014 strengthening of the penal framework to prevent the facilitation of unauthorised Section 25 of Immigration Act 1971 entry, transit and residence
Council Framework Decision The Criminal Justice and Data Protection 2002/465/JHA of 13 June 2002 on joint (Protocol No. 36) Regulations 2014 investigation teams 36 Legislating for Brexit: EU Decisions
EU Framework Decision UK implementing measure(s)
All consolidated versions: Home Office circular 53/2002 02002F0465-20020620 Sections 16, 18 and 27 of Crime (International Cooperation) Act 2003 Police (Scotland) Act 1967 (repealed) Police Act 1996 Data Protection Act 1998 Police (Northern Ireland) Act 1998 Serious Organised Crime and Police Act 2005 Police and Fire Reform Act (Scotland) 2012
2002/584/JHA: Council Framework The Extradition Act 2003 (Amendment to Decision of 13 June 2002 on the Designations) Order 2007, 2007 No. European arrest warrant and the 2238 surrender procedures between Member States - Statements made by certain Extradition Act 2003 Member States on the adoption of the Act of Adjournal (Criminal Procedure Framework Decision Rules Amendment No. 3) (Extradition All consolidated versions: etc.) 2004, 2004 No. 346 02002F0584-20020807 Anti-social Behaviour, Crime and Policing 02002F0584-20090328 Act 2014 Police and Justice Act 2006 Policing and Crime Act 2009 Crime and Courts Act 2013
2001/500/JHA: Council Framework Proceeds of Crime Act 2002 Decision of 26 June 2001 on money laundering, the identification, tracing, Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 freezing, seizing and confiscation of instrumentalities and the proceeds of Crime (International Co-operation) Act crime 2003 All consolidated versions: 02001F0500-20010705
2001/413/JHA: Council Framework The False Monetary Instruments Decision of 28 May 2001 combating (Scotland) Order 2005 fraud and counterfeiting of non-cash means of payment UK compliant before framework decision was agreed through provisions in Theft All consolidated versions: Act 1968, Forgery and Counterfeiting 02001F0413-20010602 Act 1981, and Computer Misuse Act 1990.
37 Commons Library Briefing, 18 January 2018
6. Annex II - CFSP common positions, joint actions and decisions
This table shows pre-Lisbon common positions and joint actions listed on Eur-Lex as in force in May 2017.
6.1 Common positions and joint actions CFSP pre-Lisbon Treaty common position or joint action
94/779/CFSP: Common Position of 28 November 1994 defined by the Council on the basis of Article J.2 of the Treaty on European Union on the objectives and priorities of the European Union towards Ukraine
95/91/CFSP: Common Position of 24 March 1995 defined by the Council on the basis of Article J.2 of the Treaty on the European Union, with regard to Burundi
97/193/CFSP: Common Position of 17 March 1997 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on restrictive measures aimed at persons having perpetrated violent acts during the incidents in Mostar on 10 February 1997
96/708/CFSP: Common Position of 9 December 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union concerning the termination of restrictions on economic and financial relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), the United Nations Protected Areas in the Republic of Croatia and those areas of the Republic of Bosnia and Herzegovina under the control of the Bosnian Serb forces
96/407/CFSP: Common Position of 25 June 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning East Timor
96/408/CFSP: Common position of 25 June 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, relating to preparation for the Fourth Review Conference of the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC)
95/511/CFSP: Common Position of 4 December 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union with regard to the suspension of the restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro) and with the Bosnian Serbs
95/379/CFSP: Common Position of 18 September 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning blinding lasers
95/378/CFSP: Common Position of 19 September 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union with regard to the extension of the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)
95/254/CFSP: Common Position of 7 July 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union with regard to the 38 Legislating for Brexit: EU Decisions
CFSP pre-Lisbon Treaty common position or joint action
extension of the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)
95/213/CFSP: Common Position of 12 June 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union on the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)
95/150/CFSP: Common Position of 28 April 1995 defined by the Council on the basis of Article J.2 of the Treaty on European Union with regard to the extension of the suspension of certain restrictions on trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)
96/406/CFSP: Joint Action of 10 June 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, concerning action by the Union to support the electoral process in Bosnia and Herzegovina
96/588/CFSP: Joint Action of 1 October 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European Union on anti-personnel landmines
96/668/CFSP: Joint Action of 22 November 1996 adopted by the Council on the basis of Articles J.3 and K.3 of the Treaty on European Union concerning measures protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom
96/669/CFSP: Joint Action of 22 November 1996 adopted by the Council on the basis of Article J.3 of the Treaty on European Union on the Great Lakes Region
98/606/CFSP: Common Position of 26 October 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union on the European Union's contribution to the promotion of non-proliferation and confidence-building in the South Asian region
98/350/CFSP: Common Position of 25 May 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning human rights, democratic principles, the rule of law and good governance in Africa
98/300/CFSP: Common Position of 27 April 1998 defined by the Council on the basis of Article J.2 of the Treaty on European Union, concerning Sierra Leone
97/288/CFSP: Joint Action of 29 April 1997 adopted by the Council on the basis of Article J.3 of the Treaty on European Union on the European Union's contribution to the promotion of transparency in nuclear-related export controls
97/357/CFSP: Common Position of 2 June 1997 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Albania
97/817/CFSP: Joint Action of 28 November 1997 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, on anti- personnel landmines
98/301/CFSP: Joint Action of 30 April 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union in support of the Government of Montenegro
98/302/CFSP: Joint Action of 30 April 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, concerning support for the electoral process in Bosnia and Herzegovina 39 Commons Library Briefing, 18 January 2018
CFSP pre-Lisbon Treaty common position or joint action
98/735/CFSP: Joint Action of 22 December 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union in support of the democratic process in Nigeria
98/736/CFSP: Joint Action of 22 December 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning a forensic experts mission in the Federal Republic of Yugoslavia
1999/189/CFSP: Joint Action of 9 March 1999 adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning a contribution by the European Union to the re-establishment of a viable police force in Albania
1999/722/CFSP: Council Common Position of 8 November 1999 concerning EU support for the implementation of the Lusaka ceasefire agreement and the peace process in the Democratic Republic of Congo
1999/691/CFSP: Council Common Position of 22 October 1999 on support to democratic forces in the Federal Republic of Yugoslavia (FRY)
1999/533/CFSP: Council Common Position of 29 July 1999 relating to the European Union's contribution to the promotion of the early entry into force of the Comprehensive Nuclear Test-Ban Treaty (CTBT)
1999/346/CFSP: Common Position of 17 May 1999 adopted by the Council on the basis of Article 15 of the Treaty on European Union, relating to progress towards a legally binding Protocol to strengthen compliance with the Biological and Toxin Weapons Convention (BTWC), and with a view to the successful completion of substantive work in the Ad Hoc Group by the end of 1999
1999/345/CFSP: Common Position of 17 May 1999 adopted by the Council on the basis of Article 15 of the Treaty on European Union, concerning a Stability Pact for South- Eastern Europe
1999/318/CFSP: Common Position of 10 May 1999 adopted by the Council on the basis of Article 15 of the Treaty on European Union concerning additional restrictive measures against the Federal Republic of Yugoslavia. Latest consolidated version: 01999E0318-20141029
2000/298/CSFP: Council Joint Action of 13 April 2000 on a European Union assistance programme to support the Palestinian Authority in its efforts to counter terrorist activities emanating from the territories under its control
2000/0401/CFSP: Council Joint Action of 22 June 2000 concerning the control of technical assistance related to certain military end-uses
2000/420/CFSP: Council Common Position of 29 June 2000 concerning EU support for the OAU peace process between Ethiopia and Eritrea
2000/297/CFSP: Council Common Position of 13 April 2000 relating to the 2000 Review Conference of the Parties to the Treaty on the Non- proliferation of Nuclear Weapons
2000/717/CFSP: Council Joint Action of 16 November 2000 on the holding of a meeting of Heads of State or of Government in Zagreb (Zagreb Summit)
2001/759/CFSP: Council Joint Action of 29 October 2001 regarding a contribution from the European Union to the conflict settlement process in South Ossetia 40 Legislating for Brexit: EU Decisions
CFSP pre-Lisbon Treaty common position or joint action
Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism. Consolidated version: 02001E0931-20160927
Council Common Position of 27 December 2001 on combating terrorism
2001/758/CFSP: Council Common Position of 29 October 2001 on combating the illicit traffic in conflict diamonds, as a contribution to prevention and settlement of conflicts
Council Common Position of 23 July 2001 on the fight against ballistic missile proliferation
Council Common Position of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians. Consolidated version: 02002E0400-20040517
Council Joint Action of 21 May 2002 regarding a contribution of the European Union towards reinforcing the capacity of the Georgian authorities to support and protect the OSCE observer mission on the border of Georgia with the Ingush and Chechen Republics of the Russian Federation
Council Joint Action of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons and repealing Joint Action 1999/34/CFSP. Consolidated version: 02002E0589-20020712
Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering
Council Common Position 2003/140/CFSP of 27 February 2003 concerning exceptions to the restrictive measures imposed by Common Position 2002/402/CFSP
Council Joint Action 2003/92/CFSP of 27 January 2003 on the European Union military operation in the Former Yugoslav Republic of Macedonia
Council Common Position 2003/805/CFSP of 17 November 2003 on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery
Council Joint Action 2004/494/CFSP of 17 May 2004 on European Union support to the establishment of the Integrated Police Unit in the Democratic Republic of the Congo (DRC)
2004/570/CFSP: Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina. Consolidated version: 02004E0570-20071108
Council Common Position 2004/698/CFSP of 14 October 2004 concerning the lifting of restrictive measures against Libya Implemented in UK by The Export Control (Libya Embargo) Order 2004 Council Common Position 2004/748/CFSP of 2 November 2004 concerning the temporary reception by Member States of the European Union of certain Palestinians
Council Common Position 2005/888/CFSP of 12 December 2005 concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri 41 Commons Library Briefing, 18 January 2018
CFSP pre-Lisbon Treaty common position or joint action
Council Common Position 2005/793/CFSP of 14 November 2005 concerning the temporary reception by Member States of the European Union of certain Palestinians
Council Common Position 2005/329/PESC of 25 April 2005 relating to the 2005 Review Conference of the Parties to the Treaty on the Non- Proliferation of Nuclear Weapons
Council Joint Action 2005/889/CFSP of 12 December 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah). Latest consolidated version: 02005E0889-20160701
Council Common Position 2005/304/CFSP of 12 April 2005 concerning conflict prevention, management and resolution in Africa and repealing Common Position 2004/85/CFSP
Council Common Position 2006/625/CFSP of 15 September 2006 concerning a prohibition on the sale or supply of arms and related materiel and on the provision of related services to entities or individuals in Lebanon in accordance with UNSC Resolution 1701 (2006)
Council Joint Action 2006/49/CFSP of 30 January 2006 appointing the European Union Special Representative in Bosnia and Herzegovina
Council Joint Action 2006/468/CFSP of 5 July 2006 renewing and revising the mandate of the Special Representative of the European Union for Sudan
Council Common Position 2006/787/CFSP of 13 November 2006 renewing certain restrictive measures against Uzbekistan
Council Common Position 2006/755/CFSP of 7 November 2006 concerning the temporary reception by Member States of the European Union of certain Palestinians
Council Joint Action 2007/87/CFSP of 7 February 2007 amending and extending the mandate of the European Union Special Representative in Bosnia and Herzegovina. Consolidated version: 02007E0087-20071119
Council Joint Action 2007/185/CFSP of 19 March 2007 on support for OPCW activities in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Council Common Position 2007/469/CFSP of 28 June 2007 relating to the 2008 Review Conference of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC)
Council Common Position 2007/338/CFSP of 14 May 2007 renewing certain restrictive measures against Uzbekistan
Council Joint Action 2007/528/CFSP of 23 July 2007 in support of the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects, in the framework of the European Security Strategy
Council Joint Action 2008/108/CFSP of 12 February 2008 amending and extending the mandate of the European Union Special Representative for the African Great Lakes Region
Council Joint Action 2008/113/CFSP of 12 February 2008 in support of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (SALW) in the 42 Legislating for Brexit: EU Decisions
CFSP pre-Lisbon Treaty common position or joint action
framework of the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition
Council Joint Action 2008/307/CFSP of 14 April 2008 in support of World Health Organisation activities in the area of laboratory bio-safety and bio- security in the framework of the European Union Strategy against the proliferation of Weapons of Mass Destruction
Council Joint Action 2008/368/CFSP of 14 May 2008 in support of the implementation of United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU strategy against the proliferation of weapons of mass destruction
Council Joint Action 2008/402/CFSP of 23 June 2008 in support of the universalisation and implementation of the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and on their Destruction, in the framework of the European Security Strategy
Council Joint Action 2008/588/CFSP of 15 July 2008 on support for activities of the Preparatory Commission of the Comprehensive Nuclear- Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
Council Joint Action 2008/749/CFSP of 19 September 2008 on the European Union military coordination action in support of UN Security Council resolution 1816 (2008) (EU NAVCO)
Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment
Council Common Position 2008/348/CFSP of 29 April 2008 concerning restrictive measures against Uzbekistan
Council Joint Action 2008/796/CFSP of 13 October 2008 amending the mandate of the European Union Special Representative for the South Caucasus
Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast. Latest consolidated version: 02008E0851-20161128
Council Common Position 2009/787/CFSP of 27 October 2009 concerning the temporary reception by Member States of the European Union of certain Palestinians
Council Common Position 2009/139/CFSP of 16 February 2009 renewing restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Council Common Position 2009/68/CFSP of 26 January 2009 renewing restrictive measures against Zimbabwe
Council Joint Action 2009/795/CFSP of 19 October 2009 repealing Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic
43 Commons Library Briefing, 18 January 2018
6.2 CFSP Decisions CFSP decision UK implementing measure
EU travel bans - Council decisions are The Immigration (Designation of Travel listed in Schedule to UK measure Bans) (Amendment No. 2) Order 2015
EU Council Decision 2014/386/CFSP of The Russia, Crimea and Sevastopol 23 June 2014 (as amended by EU (Sanctions) (Overseas Territories) Order Council Decision 2014/507/CFSP of 30 2014 July 2014) and EU Council Decision 2014/512/CFSP of 31 July 2014 (as amended by EU Council Decision 2014/659/CFSP of 8 September 2014)
Council Decision 2013/182/CFSP of 22 The Libya (Restrictive Measures) April 2013 amending Decision (Overseas Territories) (Amendment) 2011/137/CFSP concerning restrictive Order 2013 measures in view of the situation in Libya
Council Decision (CFSP) 2017/1838 of 10 The Democratic People’s Republic of October 2017 (amending Council Korea (Sanctions) (Overseas Territories) Decision (CFSP) 2016/849) (Amendment) (No. 4) Order 2017
Council Decision (CFSP) 2017/666 of 6 The Democratic People’s Republic of April 2017 (amending Council Decision Korea (Sanctions) (Overseas Territories) 2016/849/CFSP) concerning restrictive (Amendment) (No. 2) Order 2017 measures against the Democratic People's Republic of Korea
Council Decision 2014/659/CFSP of 8 The Russia, Crimea and Sevastopol September 2014 amending Decision (Sanctions) (Overseas Territories) 2014/512/CFSP concerning restrictive (Amendment) Order 2014 measures in view of Russia's actions destabilising the situation in Ukraine
Council Decision (CFSP) 2017/1562 of 14 The Democratic People’s Republic of September 2017 (amending Council Korea (Sanctions) (Overseas Territories) Decision (CFSP) 2016/849) (Amendment) (No. 3) Order 2017
Council Decision (CFSP) 2017/1512 of 30 The Democratic People’s Republic of August 2017 amending Decision (CFSP) Korea (European Union Financial 2016/849 concerning restrictive Sanctions) (Amendment) (No. 2) measures against the Democratic Regulations 2017 (implement the People's Republic of Korea regulation made with the decision)
Council Decision (CFSP) 2015/1782 of 5 The Liberia (Sanctions) (Overseas October 2015 repealing Common Territories) Order 2015 Position 2004/487/CFSP concerning further restrictive measures in relation to Liberia and amending Common Position 2008/109/CFSP concerning restrictive measures imposed against Liberia
Council Decision (CFSP) 2017/1562 of 14 The Democratic People’s Republic of September 2017 (amending Council Korea (Sanctions) (Overseas Territories) Decision (CFSP) 2016/849) (Amendment) (No. 3) Order 2017
Council Decision (CFSP) 2016/849 of 27 The Democratic People’s Republic of May 2016 concerning restrictive Korea (Sanctions) (Overseas Territories) measures against the Democratic (Amendment) (No. 2) Order 2016 People's Republic of Korea and repealing Decision 2013/183/CFSP
Council Decision (CFSP) 2015/1782 of 5 The Liberia (Sanctions) (Overseas October 2015 repealing Common Territories) Order 2015 44 Legislating for Brexit: EU Decisions
CFSP decision UK implementing measure
Position 2004/487/CFSP concerning further restrictive measures in relation to Liberia and amending Common Position 2008/109/CFSP concerning restrictive measures imposed against Liberia
Council Decision (CFSP) 2017/1562 of 14 The Democratic People’s Republic of September 2017 (amending Council Korea (Sanctions) (Overseas Territories) Decision (CFSP) 2016/849) (Amendment) (No. 3) Order 2017
Council Decision 2014/872/CFSP of 4 The Russia, Crimea and Sevastopol December 2014 amending Decision (Sanctions) (Overseas Territories) 2014/512/CFSP concerning restrictive (Amendment) Order 2015 measures in view of Russia's actions destabilising the situation in Ukraine, and Decision 2014/659/CFSP amending Decision 2014/512/CFSP
Council Decision (CFSP) 2017/345 of 27 The Democratic People’s Republic of February 2017 amending Council Korea (Sanctions) (Overseas Territories) Decision 2016/849/CFSP (Amendment) Order 2017
Council Decision 2014/98/CFSP of 17 The Zimbabwe (Sanctions) (Overseas February 2014 amending Decision Territories) (Amendment and Revocation) 2011/101/CFSP concerning restrictive Order 2015 measures against Zimbabwe
Council Decision (CFSP) 2016/1693 of 20 The ISIL (Da’esh) and Al-Qaida September 2016 concerning restrictive (Sanctions) (Overseas Territories) Order measures against ISIL (Da'esh) and Al- 2016 Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
Council Decision (CFSP) 2015/1336 of 31 The Iran (Restrictive Measures) (Overseas July 2015 amending Decision Territories) (Amendment) (No. 2) Order 2010/413/CFSP concerning restrictive 2015 measures against Iran The Export Control (Iran) Order 2011
Council Decision (CFSP) 2015/1863 of 18 The Iran (Sanctions) (Overseas Territories) October 2015 amending Decision Order 2016 2010/413/CFSP concerning restrictive measures against Iran The Iran (European Community Financial Sanctions) (Amendment) Regulations 2010
Council Decision (CFSP) 2015/837 of 28 The Syria (Restrictive Measures) (Overseas May 2015 amending Decision Territories) (Amendment) (No. 2) Order 2013/255/CFSP concerning restrictive 2015 measures against Syria. Amended by Decision 2016/850 of 27 May 2016
2013/255/CFSP: Council Decision The Syria (Restrictive Measures) (Overseas 2013/255/CFSP of 31 May 2013 Territories) (Amendment) Order 2014 concerning restrictive measures against Syria as amended by Council Decision 2013/760/CFSP of 13 December 2013. Amended by Council Decision 2014/74/CFSP of 10 February 2014. Amended by Council Decision 2014/901/CFSP of 13 December 2014. 45 Commons Library Briefing, 18 January 2018
CFSP decision UK implementing measure
Council Decision 2014/450/CFSP of 10 The Sudan (Sanctions) (Overseas July 2014 concerning restrictive measures Territories) Order 2014 in view of the situation in Sudan and repealing Decision 2011/423/CFSP
Council Decision (CFSP) 2015/620 of 20 The Democratic Republic of the Congo April 2015 amending Decision (Sanctions) (Overseas Territories) Order 2010/788/CFSP concerning restrictive 2015 measures against the Democratic Republic of the Congo
Council Decision 2014/125/CFSP of 10 The Central African Republic (Sanctions) March 2014 amending Decision (Overseas Territories) Order 2014 2013/798/CFSP concerning restrictive measures against the Central African Republic and Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic
Council Decision (CFSP) 2016/220 of 15 The Zimbabwe (Sanctions) (Overseas February 2016 amending Decision Territories) Order 2012 2011/101/CFSP concerning restrictive measures against Zimbabwe
Council Decision (CFSP) 2016/1341 of 4 The Democratic People’s Republic of August 2016 amending Decision (CFSP) Korea (Sanctions) (Overseas Territories) 2016/849 concerning restrictive (Amendment) (No. 3) Order 2016 measures against the Democratic People's Republic of Korea
Council Decision (CFSP) 2015/739 of 7 The Central African Republic (Sanctions) May 2015 amending Decision (Overseas Territories) (Amendment) 2013/798/CFSP concerning restrictive Order 2015 measures against the Central African Republic
Council Decision 2010/231/CFSP of 26 The Somalia (Sanctions) (Overseas April 2010 concerning restrictive Territories) (Amendment) Order 2013 measures against Somalia and repealing Common Position 2009/138/CFSP
Council Decision (CFSP) 2015/740 of 7 The South Sudan (Sanctions) (Overseas May 2015 concerning restrictive Territories) (Amendment) Order 2015 measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP
Council Decision 2014/119/CFSP of 5 The Ukraine (Sanctions) (Overseas March 2014 concerning restrictive Territories) (No. 2) Order 2014 measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Council Decision 2014/145/CFSP of 17 The Ukraine (Sanctions) (Overseas March 2014 concerning restrictive Territories) (No. 3) Order 2014 measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Council Decision (CFSP) 2015/1763 of 1 The Burundi (Sanctions) (Overseas October 2015 concerning restrictive Territories) Order 2015 measures in view of the situation in 46 Legislating for Brexit: EU Decisions
CFSP decision UK implementing measure
Burundi. Amended by Council Decision (CFSP) 2016/1745 of 29 September 2016
Council Decision 2012/285/CFSP of 31 The Guinea-Bissau (Sanctions) (Overseas May 2012 concerning restrictive Territories) Order 2012 measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and repealing Decision 2012/237/CFSP
Council Decision 2014/932/CFSP of 18 The Yemen (Sanctions) (Overseas December 2014 concerning restrictive Territories) (No.2) Order 2015 measures in view of the situation in Yemen
Council Decision 2014/484/CFSP of 22 The Iraq (Sanctions) (Overseas Territories) July 2014 amending Common Position Order 2015 2003/495/CFSP on Iraq
Council Decision 2014/213/CFSP of 14 The Export Control (Democratic Republic April 2014 amending Decision of Congo Sanctions and Miscellaneous 2010/638/CFSP concerning restrictive Amendments and Revocations) Order measures against the Republic of Guinea 2015 47 Commons Library Briefing, 18 January 2018
7. Annex III - Council and Council/EP decisions
These tables show decisions of the Council or Council and EP which, according to Eur-Lex, are in force.
Agriculture and fisheries UK implementing measure(s) 2003/17/EC: Council Decision of 16 The Seed Marketing Regulations December 2002 on the equivalence of (Northern Ireland) 2016 field inspections carried out in third The Seed Marketing (Wales) countries on seed-producing crops and (Amendment) Regulations 2013 on the equivalence of seed produced in The Seed Marketing (Wales) Regulations third countries (Text with EEA relevance); 2012 as amended by 2003/403/EC: Council Decision of 26 May 2003 The Seed Marketing (Amendment) Regulations 2012 The Seed Marketing Regulations 2011 The Beet Seed (England) (Amendment) Regulations 2004 The Cereal Seed (England) (Amendment) Regulations 2004 The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 The Cereal Seed (Scotland) Regulations 2005 The Fodder Plant Seed (Scotland) Regulations 2005 The Beet Seed (Wales) Regulations 2005 The Cereal Seed (Wales) Regulations 2005 The Fodder Plant Seed (Wales) Regulations 2005 The Oil and Fibre Plant Seed (Scotland) Regulations 2004 2003/403/EC: Council Decision of 26 The Beet Seed (Scotland) (No. 2) May 2003 amending Decision Regulations 2010 2003/17/EC on the equivalence of field inspections carried out in third countries on seed producing crops and on the equivalence of seed produced in third countries (Text with EEA relevance) 2005/834/EC: Council Decision of 8 The Beet Seed (Scotland) (No. 2) November 2005 on the equivalence of Regulations 2010 checks on practices for the maintenance The Beet Seed (Scotland) Regulations of varieties carried out in certain third 2010 countries and amending Decision The Seeds (National Lists of Varieties) 2003/17/EC (Amendment) Regulations 2007
2008/971/EC: Council Decision of 16 The Forest Reproductive Material (Great December 2008 on the equivalence of Britain) (Amendment) (England and forest reproductive material produced in Scotland) Regulations 2014 third countries 2014/335/EU, Euratom: Council Decision The Common Agricultural Policy of 26 May 2014 on the system of own (Protection of Community Arrangements) resources of the European Union (Amendment) Regulations 2001 48 Legislating for Brexit: EU Decisions
Agriculture and fisheries UK implementing measure(s) Decision No 1104/2012/EU of the The Forest Reproductive Material (Great European Parliament and of the Council Britain) (Amendment) (England and of 21 November 2012 amending Council Scotland) Regulations 2014 Decision 2008/971/EC to include forest reproductive material of the ‘qualified’ category and to update the name of the authorities responsible for the approval and control of the production
Animals Council or Council/EP decision UK implementing measure(s) 90/258/EEC: Commission Decision of 10 The Zootechnical Standards Regulations May 1990 laying down the zootechnical 1992 certificates for pure-bred breeding sheep and goats, their semen, ova and embryos 87/231/CEE: Council Decision of 7 April The Animals and Animal Products 1987 amending Directives 64/432/EEC (Import and Export) Regulations 1992 and 72/461/EEC as regards certain The Animals and Animal Products measures relating to swine fever (Import and Export) (Amendment) Regulations 1993 The Fresh Meat (Import Conditions) Regulations 1996 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997 Fresh Meat (Import Conditions) Regulations (Northern Ireland) 1997 The Products of Animal Origin (Import and Export) Regulations 1992 The Animals and Animal Products (Import and Export) Regulations 1995 The Products of Animal Origin (Import and Export) Regulations 1996 The Animals and Animal Products (Import and Export) Regulations 1993 The Animals and Animal Products (Import And Export) Regulations 1998 Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998 98/594/EC: Commission Decision of 6 The Animals and Animal Products October 1998 amending Council (Import and Export) (England and Wales) Decisions 79/542/EEC, 92/260/EEC, Regulations 2000 93/195/EEC and 93/197/EEC, with regard to the animal health conditions for importation, temporary admission and re-entry of registered horses from Thailand (notified under document number C(1998) 2962) (Text with EEA relevance) 92/438/EEC: Council Decision of 13 July The Products of Animal Origin (Import 1992 on computerization of veterinary and Export) Regulations 1992 import procedures (Shift project), The Animals and Animal Products amending Directives 90/675/EEC, (Import and Export) (Amendment) 91/496/EEC, 91/628/EEC and Decision Regulations 1993 49 Commons Library Briefing, 18 January 2018
Council or Council/EP decision UK implementing measure(s) 90/424/EEC, and repealing Decision The Animals and Animal Products 88/192/EEC (Import and Export) Regulations 1995 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 The Animals and Animal Products (Import and Export) Regulations 2004 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 98/227/EC: Council Decision of 16 March The Animals and Animal Products 1998 amending Decisions 95/409/EC, (Import and Export) (England) 95/410/EC and 95/411/EC concerning Regulations 2005 the methods to be used for The Animals and Animal Products microbiological testing to be undertaken (Import and Export) (Amendment) on meat intended for Finland and Regulations (Northern Ireland) 2005 Sweden The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2005 The Animals and Animal Products (Import and Export) Regulations 2004 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
Aviation
Council or Council/EP decision UK implementing measure(s) 93/453/EEC: Council Decision of 22 July The Licensing of Air Carriers (Third 1993 concerning the amendment of the Amendment and other Provisions) Agreement between the European Regulations 1994 Economic Community, the Kingdom of The Access for Community Air Carriers to Norway and the Kingdom of Sweden on Intra-Community Air Routes (Second civil aviation Amendment and other Provisions) Regulations 1994 The Airports Slot Allocation (Second Amendment) Regulations 1994 The Air Fares (Third Amendment) Regulations 1994 The Licensing of Air Carriers (Second Amendment and Other Provisions) Regulations 1993 The Air Fares (Second Amendment) Regulations 1993 The Airports Slot Allocation (Amendment) Regulations 1993 50 Legislating for Brexit: EU Decisions
Council or Council/EP decision UK implementing measure(s) 2002/309/EC, Euratom: Decision of the The EC/Swiss Air Transport Agreement Council, and of the Commission as (Consequential Amendments) regards the Agreement on Scientific and Regulations 2004 Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation
Budget Council or Council/EP decision UK implementing measure(s) 2014/335/EU, Euratom: Council Decision European Union (Finance) Act 2015 of 26 May 2014 on the system of own resources of the European Union
Consumer protection
Council or Council/EP decision EU implementing measure(s) Decision No.768/2008/EC of the The Merchant Shipping (Marine European Parliament and of the Council Equipment) Regulations 2016 of 9 July 2008 on a common framework The Recreational Craft Regulations 2017 for the marketing of products The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 The Ecodesign for Energy-Related Products Regulations 2010
Customs and excise, VAT and other taxes EU measure UK implementing measure 90/680/EEC: Council Decision of 26 The Value Added Tax (General) November 1990 on the conclusion of the (Amendment) (No. 2) Regulations 1991 agreement in the form of an exchange of letters between the European economic community and the city of Andorra with regard to exemptions from import duties, turnover taxes and excise duties applicable to goods contained in the personal luggage of travellers Decision No 1152/2003/EC of the The Excise Goods (Holding, Movement European Parliament and of the Council and Duty Point) Regulations 2010 of 16 June 2003 on computerising the movement and surveillance of excisable products 2006/659/EC: Council Decision of 25 The Value Added Tax (Consideration for September 2006 authorising the United Fuel Provided for Private Use) Order 2008 Kingdom to introduce a special measure derogating from Articles 5(6) and 11(A)(1)(b) of Directive 77/388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes 2006/659/EC: Council Decision of 25 The Value Added Tax (Flat-rate Valuation September 2006 authorising the United of Supplies of Fuel for Private Use) Order Kingdom to introduce a special measure 2013 derogating from Articles 5(6) and The Value Added Tax (Consideration for 11(A)(1)(b) of Directive 77/388/EEC on Fuel Provided for Private Use) Order 2013 the harmonisation of the laws of the Member States relating to turnover taxes 51 Commons Library Briefing, 18 January 2018
EU measure UK implementing measure The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2010 The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2009 The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2008 The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2007
Environment, energy, waste, water and air quality
Council or Council/EP decision UK implementing measure(s) Decision No 377/2013/EU of the The Greenhouse Gas Emissions Trading European Parliament and of the Council Scheme (Amendment) Regulations 2014 of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community Text with EEA relevance 2003/33/EC: Council Decision of 19 The Environmental Permitting (England December 2002 establishing criteria and and Wales) Regulations 2016 procedures for the acceptance of waste The Environmental Permitting (England at landfills pursuant to Article 16 of and and Wales) (Amendment) (No. 2) Annex II to Directive 1999/31/EC Regulations 2013 The Landfill (Scotland) Amendment Regulations 2013 The Environmental Permitting (England and Wales) Regulations 2007 The Landfill (Amendment No.2) Regulations (Northern Ireland) 2007 The Landfill (England and Wales) (Amendment) Regulations 2005 The Landfill (England and Wales) (Amendment) Regulations 2004
Decision No 406/2009/EC of the Climate Change (Scotland) Act 2009 European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 Decision No 377/2013/EU of the The Greenhouse Gas Emissions Trading European Parliament and of the Council Scheme (Amendment) Regulations 2013 of 24 April 2013 derogating temporarily The Greenhouse Gas Emissions Trading from Directive 2003/87/EC establishing a Scheme (Amendment) Regulations 2014 scheme for greenhouse gas emission The Greenhouse Gas Emissions Trading allowance trading within the Community Scheme Regulations 2012 Text with EEA relevance The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011
52 Legislating for Brexit: EU Decisions
Council or Council/EP decision UK implementing measure(s) 2001/573/EC: Council Decision of 23 July The List of Wastes (England) Regulations 2001 amending Commission Decision 2005 2000/532/EC as regards the list of wastes The List of Wastes Regulations (Northern Ireland) 2005 The List of Wastes (Wales) Regulations 2005 2002/762/EC: Council Decision of 19 The Merchant Shipping (Oil Pollution) September 2002 authorising the (Bunkers Convention) Regulations 2006 Member States, in the interest of the Community, to sign, ratify or accede to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) 2004/232/EC: Commission Decision of 3 The Ozone Depleting Substances March 2004 amending Regulation (EC) (Qualifications) Regulations 2006 No 2037/2000 of the European The Ozone Depleting Substances Parliament and of the Council with (Qualifications) Regulations (Northern regard to the use of halon 2402 (notified Ireland) 2006 under document number C(2004) 639) 2004/246/EC: Council Decision of 2 The Merchant Shipping (Oil Pollution) March 2004 authorising the Member (Supplementary Fund Protocol) Order States to sign, ratify or accede to, in the 2006 interest of the European Community, the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, and authorising Austria and Luxembourg, in the interest of the European Community, to accede to the underlying instruments 2002/358/EC: Council Decision of 25 The Carbon Accounting Regulations April 2002 concerning the approval, on 2009 behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder 97/101/EC: Council Decision of 27 The Air Quality Standards Regulations January 1997 establishing a reciprocal 2010 exchange of information and data from The Air Quality Standards (Scotland) networks and individual stations Regulations 2010 measuring ambient air pollution within The Air Quality Standards (Scotland) the Member States Regulations 2007 The Air Quality Standards (Wales) Regulations 2007 The Air Quality Standards Regulations 2007 The Air Quality Standards Regulations (Northern Ireland) 2007 The Air Quality Limit Values (Scotland) Regulations 2003 The Air Quality Limit Values Regulations 2003 2006/702/EC: Council Decision of 6 Biomass Processing Challenge Fund October 2006 on Community strategic (Amendment) Regulations (Northern guidelines on cohesion Ireland) 2011 Biomass Processing Challenge Fund Regulations (Northern Ireland) 2010
53 Commons Library Briefing, 18 January 2018
European Parliament elections
Council or Council/EP decision UK implementing measure(s) Council Decision 76/787/ECSC, EEC, The European Parliamentary Elections Euratom, as amended by Regulations 2004 2002/772/EC,Euratom: Council Decision The European Parliamentary Elections of 25 June 2002 and 23 September 2002 (Northern Ireland) Regulations 2004 amending the Act concerning the The European Parliamentary Elections election of the representatives of the (Common Electoral Principles) European Parliament by direct universal Regulations 2004 suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom The European Communities (Definition of Treaties) (Common Electoral Principles) Order 2004 European Parliamentary Elections Act 2002 The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 2013/299/EU, Euratom: Council Decision The European Parliamentary Elections of 14 June 2013 fixing the period for the (Appointed Day of Poll) Order 2013 eighth election of representatives to the European Parliament by direct universal suffrage 2013/2063 2002/772/EC, Euratom: Council Decision The European Parliament (House of Lords of 25 June 2002 and 23 September 2002 Disqualification) Regulations 2008 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom 2013/299/EU, Euratom: Council Decision The European Parliamentary Elections of 14 June 2013 fixing the period for the (Appointed Day of Poll) Order 2013 eighth election of representatives to the European Parliament by direct universal suffrage
Food
Council or Council/EP decision UK implementing measure(s) 94/184/EC: Council Decision of 24 The Common Agricultural Policy (Wine) January 1994 concerning the conclusion Regulations 1995 of an Agreement between the European The Common Agricultural Policy (Wine) Community and Australia on trade in (England and Northern Ireland) wine Regulations 2001 The Common Agricultural Policy (Wine) (Wales) Regulations 2001 The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2003
The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2006
The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2007 54 Legislating for Brexit: EU Decisions
Council or Council/EP decision UK implementing measure(s) The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2004 The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2007
The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2003
The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003 The Common Agricultural Policy (Wine) (Wales) (Amendment) Regulations 2006
The Common Agricultural Policy (Wine) (Scotland) Amendment Regulations 2004
The Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2004 The Common Agricultural Policy (Wine) Regulations 1996
Intellectual property, patents etc
Council or Council/EP decision UK implementing measure(s) 93/16/EEC: Council Decision of 21 The Design Right (Semiconductor December 1992 on the extension of the Topographies) (Amendment) Regulations legal protection of topographies of 1993 semiconductor products to persons from the United States of America and certain territories 94/824/EC: Council Decision of 22 The Design Right (Semiconductor December 1994 on the extension of the Topographies) (Amendment) (No.2) legal protection of topographies of Regulations 2008 semiconductor products to persons from The Design Right (Semiconductor a Member of the World Trade Topographies) (Amendment) Regulations Organization 2006 2000/278/EC: Council Decision of 16 The Copyright and Performances March 2000 on the approval, on behalf (Application to Other Countries) Order of the European Community, of the 2008 WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty
Justice and Home Affairs
Council or Council/EP decision UK implementing measure(s) Council Decision 2007/533/JHA of 12 Policing and Crime Act 2009 June 2007 on the establishment, Extradition Act 2003 operation and use of the second generation Schengen Information System (SIS II) Decision 2000/820/JHA amended by The International Organisations Council Decision 2004/566/JHA of 26 (Immunities and Privileges) (Scotland) July 2004 establishing a European Police Order 2009 College (CEPOL), as amended by The European Police College (Immunities Decision 2004/566/JHA and Decision and Privileges) Order 2004 2004/567/JHA of the Council 55 Commons Library Briefing, 18 January 2018
Council or Council/EP decision UK implementing measure(s) Council Decision 2008/976/JHA of 16 Act of Adjournal (Criminal Procedure December 2008 on the European Judicial Rules Amendment No. 2) (European Network Protection Orders) 2015
Procurement Council or Council/EP decision UK implementation measure(s) 2014/115/EU: Council Decision of The Utilities Contracts (Scotland) 2 December 2013 on the conclusion of Regulations 2016 the Protocol Amending the Agreement on Government Procurement
Telecommunications and broadcasting
Council or Council/EP decision UK implementing measure(s) Decision No 626/2008/EC of the The Wireless Telegraphy (Mobile Satellite European Parliament and of the Council System Equipment) (Exemption) of 30 June 2008 on the selection and Regulations 2016 authorisation of systems providing The Authorisation of Frequency Use for mobile satellite services (MSS) (Text with the Provision of Mobile Satellite Services EEA relevance) (European Union)(Amendment) Regulations 2013 The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010
Shipping, Ports and Harbours EU measure UK implementing measure Council Decision (EEC) of 20 July 1982 The Road Transport (International concluding the Agreement on the Passenger Services) Regulations 1984 International carriage of passengers by road by means of occasional coach and bus services (ASOR), signed in Dublin on 26 May 1982
Trade and Industry; sanctions EU measure UK implementing measure Council and Commission Decision 1987/2184, The Customs Duties (ECSC) 86/125/EEC/ECSC of 24 March 1986 on Order 1987 the conclusion of the Third ACP-EEC 1992/792, The Customs Duties (ECSC) Convention (Amendment No. 7) Order 1992
Council Decision of 30 June 1986 on the 1987/2184, The Customs Duties (ECSC) association of the overseas countries and Order 1987 territories with the European Economic 1992/792, The Customs Duties (ECSC) Community (Amendment No. 7) Order 1992
56 Legislating for Brexit: EU Decisions
8. Annex IV - Commission decisions
These tables show Commission decisions and any implementing measures in the UK.
Agriculture and fisheries
EU Commission decision UK implementing measure
88/493/EEC: Commission Decision of 1989/1312, The Fodder Plant Seeds 8 September 1988 amending (Amendment) Regulations 1989 Decision 87/309/EEC authorizing the indelible printing of prescribed information on packages of seed of certain fodder plant species
91/25/EEC: Commission Decision of 1991/1630, The Farm and Conservation 18 December 1990 altering the limits Grant Regulations 1991 of the less-favoured areas in the United Kingdom within the meaning 1991/1338, The Farm and Conservation of Council Directive 75/268/EEC (Only Grant (Variation) Scheme 1991 the English text is authentic) 1991/1439, The Hill Livestock (Compensatory Allowances) (Amendment) (No.2) Regulations 1991 1991/1406, The Farm Business Non-Capital Grant (Variation) Scheme 1991 1991/1993, The Set-Aside (Amendment) Regulations 1991 1991/1847, The Temporary Set-aside Regulations 1991 1991/1631, The Farm Woodland (Variation) Scheme 1991 1991/1339, The Farm Diversification Grant (Variation) (No. 2) Scheme 1991 1991/2632, The Suckler Cow Premium Regulations 1991 1993/2361, The Hill Livestock (Compensatory Allowances) Regulations 1993 1993/1626, The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 1994/1721, The Organic Farming (Aid) Regulations 1994 1994/947, The Arable Area Payments Regulations 1994 1997/1827, The Countryside Stewardship (Amendment)Regulations 1997
91/448/EEC: Commission Decision of 1992/3217, The Genetically Modified 29 July 1991 concerning the Organisms (Contained Use) Regulations guidelines for classification referred 1992 to in Article 4 of Directive 90/219/EEC 57 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
92/147EEC: Commission Decision of 1992/2364, The Imported Food and 17 February 1992 amending Feedingstuffs (Safeguards against Cholera) Decisions 91/146/EEC, 91/281/EEC (Amendment) Regulations 1992 and 91/282/EEC concerning importations of fishery and aquaculture products from Peru, Ecuador and Colombia
93/444/EEC: Commission Decision of 1995/2428, The Animals and Animal 2 July 1993 on detailed rules Products (Import and Export) Regulations governing intra-Community trade in 1995 certain live animals and products intended for exportation to third 1997/87, Animals and Animal Products countries (Import and Export) (Amendment) Regulations (Northern Ireland) 1997 2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 2005/1158, The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 2007/194, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007 1993/3247, The Animals and Animal Products (Import and Export) Regulations 1993 2008/327, The Bluetongue (Scotland) Amendment (No. 2) Order 2008
94/338/EC: Commission Decision of 1995/2428, The Animals and Animal 25 May 1994 laying down detailed Products (Import and Export) Regulations rules for the application of Council 1995 Directive 90/425/EEC as regards the taking of samples for the purpose of 1994/1716, The Rabies (Importation of veterinary inspections at the place of Dogs, Cats and Other Mammals) destination (Amendment) Order 1994 58 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
1997/87, Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997
2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 2005/1158, The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 2007/194, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007
94/339/EC: Commission Decision of 1995/2428, The Animals and Animal 25 May 1994 laying down detailed Products (Import and Export) Regulations rules for the application of Article 9.1 1995 of Council Directive 90/425/EEC concerning veterinary and 1997/87, Animals and Animal Products zootechnical checks applicable in (Import and Export) (Amendment) intra-Community trade in certain live Regulations (Northern Ireland) 1997 animals and products with a view to 2006/1471, The Animals and Animal the completion of the internal market Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 59 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 2005/1158, The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 2007/194, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007
96/31/EC: Commission Decision of 19 1996/264: Food Safety (Fishery Products and December 1995 amending Decisions Live Bivalve Molluscs and Other Shellfish) 93/387/EEC, 93/436/EEC, (Miscellaneous Amendments) Regulations 93/437/EEC, 93/494/EEC, (Northern Ireland) 1996 93/495/EEC, 94/198/EC, 94/200/EC, 94/269/EC, 94/323/EC, 94/324/EC, 2003/215, Products of Animal Origin (Third 94/325/EC, 94/448/EC, 94/766/EC, Country Imports) (Amendment) Regulations 94/777/EC and 94/778/EC setting (Northern Ireland) 2003 specific requirements applying to 2002/3206, The Products of Animal Origin importation of fishery and (Third Country Imports) (England) aquaculture products originating in (Amendment) (No 4) Regulations 2002 certain third countries (Text with EEA relevance) 1996/1547, The Food Safety (Fishery Products and Live Bivalve Molluscs and Other Shellfish) (Miscellaneous Amendments) Regulations 1996 2003/3177, The Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2006 2006/844, The Products of Animal Origin (Third Country Imports) (England) Regulations 2003 2004/1430, The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004 2006/2841, The Products of Animal Origin (Third Country Imports) (England) Regulations 2006 2002/1227, The Products of Animal Origin (Third Country Imports) (England) Regulations 2002 2007/199, The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007 2004/464, Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2004 60 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
2002/340, Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002 2005/666, The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2005 2004/2640, The Products of Animal Origin (Third Country Imports) (England) (No. 3) Regulations 2004 1998/994, The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 2004/1214, The Products of Animal Origin (Third Country Imports) (England) Regulations 2004 2002/1387, The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002 2004/3388, The Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 2006/291, The Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2006 2004/1740, The Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004 2002/3230, The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002
2002/445, The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 2007/376, The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 1998/207, Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations (Northern Ireland) 1998 2004/1740, The Products of Animal Origin (Third Country Imports) (England) (No. 2) Regulations 2004 2002/3230, The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No.2) Regulations 2002
2002/445, The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 2007/376, The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007 61 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
97/125/EC: Commission Decision of 1997/240, Seeds (Miscellaneous 24 January 1997 authorizing the Amendments) Regulations (Northern Ireland) indelible printing of prescribed 1997 information on packages of seed of oil and fibre plants and amending 1997/616, The Seeds (Miscellaneous Decision 87/309/EEC authorizing the Amendments) Regulations 1997 indelible printing of prescribed information on packages of certain fodder plant species
97/182/EC: Commission Decision of 1998/1709, The Welfare of Livestock 24 February 1997 amending the (Amendment) Regulations 1998 Annex to Directive 91/629/EEC laying down minimum standards for the 1998/251, Welfare of Livestock protection of calves (Text with EEA (Amendment) Regulations (Northern Ireland) relevance) 1998 2000/1870, The Welfare of Farmed Animals (England) Regulations 2000 2000/442, The Welfare of Farmed Animals (Scotland) Regulations 2000 2000/270, Welfare of Farmed Animals Regulations (Northern Ireland) 2000 2001/2682, The Welfare of Farmed Animals (Wales) Regulations 2001 2007/3070, The Welfare of Farmed Animals (Wales) Regulations 2007 2007/2078, The Welfare of Farmed Animals (England) Regulations 2007
97/278/EC: Commission Decision of 2005/446, The Animals and Animal Products 11 April 1997 amending Decisions (Import and Export) (Amendment) 95/160/EC, 95/161/EC and Regulations (Northern Ireland) 2005 95/168/EC concerning the methods to be used for microbiological testing 2006/1471, The Animals and Animal Products (Import and Export) (England) (Text with EEA relevance) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 62 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
2005/1158, The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 2007/194, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007
97/794/EC: Commission Decision of 2006/1471, The Animals and Animal 12 November 1997 laying down Products (Import and Export) (England) certain detailed rules for the Regulations 2006 application of Council Directive 91/496/EEC as regards veterinary 2006/1536, The Animals and Animal checks on live animals to be imported Products (Import and Export) (Wales) from third countries (Text with EEA Regulations 2006 relevance) 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006 2005/1158, The Animals and Animal Products (Import and Export) (Wales) Regulations 2005 2007/194, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007
98/294/EC: Commission Decision of 2001/3510, The Seeds (National Lists of 22 April 1998 concerning the placing Varieties) Regulations 2001 on the market of genetically modified maize (Zea mays L. line MON 810), pursuant to Council Directive 90/220/EEC (Text with EEA relevance)
98/360/EC: Commission Decision of 2000/1673, The Animals and Animal 15 May 1998 amending Decisions Products (Import and Export) (England and 92/260/EEC, 93/195/EEC, 93/196/EEC Wales) Regulations 2000 (revoked) and 93/197/EEC in relation to equidae from the Federal Republic of Yugoslavia (notified under document number C(1998) 1341) (Text with EEA relevance)
98/418/EC: Commission Decision of 2002/1227, The Products of Animal Origin 30 June 1998 repealing Decision (Third Country Imports) (England) 98/84/EC on protective measures Regulations 2002 with regard to fishery products from 63 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
or originating in Uganda, Kenya, 2002/340, Products of Animal Origin (Third Tanzania and Mozambique and Country Imports) Regulations (Northern amending the health certification for Ireland) 2002 fishery products originating or proceeding from Uganda, Kenya and 2002/1387 (W. 136), The Products of Mozambique (notified under Animal Origin (Third Country Imports) document number C(1998) 1848) (Wales) Regulations 2002 (Text with EEA relevance) 2002/445, The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002
98/567/EC: Commission Decision of 6 2000/1673, The Animals and Animal October 1998 amending Decision Products (Import and Export) (England and 93/195/EEC on animal health Wales) Regulations 2000 (revoked) conditions and veterinary certification
for the re-entry of registered horses for racing, competition and cultural events after temporary export (notified under document number C(1998) 2954) (Text with EEA relevance)
98/621/EC: Commission Decision of 2000/1673, The Animals and Animal 27 October 1998 amending for the Products (Import and Export) (England and third time Decision 95/109/EC, Wales) Regulations 2000 (revoked) concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Member States or regions of Member States free from the disease, in relation to Italy (notified under document number C(1998) 3237) (Text with EEA relevance)
1999/541/EC: Commission Decision 2000/1673, The Animals and Animal of 26 July 1999 concerning the Products (Import and Export) (England and importation of sheep and goats from Wales) Regulations 2000 (revoked) Bulgaria and amending Commission Decision 97/232/EC (notified under document number C(1999) 2433) (Text with EEA relevance)
2000/127/EC: Commission Decision 2002/1227, The Products of Animal Origin of 31 January 2000 amending (Third Country Imports) (England) Commission Decision 1999/253/EC Regulations 2002 on protective measures with regard to certain fishery products from or originating in Kenya and Tanzania and amending the health certification for fishery products originating or proceeding from Tanzania (notified under document number C(2000) 211) (Text with EEA relevance)
74/360/EEC: Commission decision 2004/2949, The Seeds (National Lists of exempting UK from applying directive Varieties) (Amendment) Regulations 2004 69/208 to certain species the Council Directive of 30 June 1969 on the 2003/3101, The Oil and Fibre Plant Seed marketing of seed of oil and fibre (England) (Amendment) Regulations 2003 plants. Amended by Commission 2004/236, Oil and Fibre Plant Seeds Decision 2003/234/EC (Amendment) Regulations (Northern Ireland) 2004 64 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
2004/317, The Oil and Fibre Plant Seed (Scotland) Regulations 2004
2000/301/EC: Commission Decision 2000/1232, The Food (Animal Products from of 18 April 2000 repealing the Belgium) (Emergency Control) (Revocation) protective measures with regard to (England and Wales) Order 2000 contamination by dioxins of certain products of porcine and poultry 2000/1233, The Animal Feedingstuffs from origin intended for human or animal Belgium (Control) (Revocation) (England and consumption (notified under Wales) Regulations 2000 document number C(2000) 1034) (Text with EEA relevance)
2002/757/EC: Commission Decision 2016/1167, The Plant Health (Forestry) of 19 September 2002 on provisional (Amendment) (England and Scotland) Order emergency phytosanitary measures to 2016 prevent the introduction into and the spread within the Community of 2004/3213, The Plant Health (Forestry) Phytophthora ramorum Werres, De (Phytophthora ramorum) (Great Britain) Cock & Man in 't Veld sp. nov. Order 2004 2006/1344, The Plant Health (Phytophthora ramorum) (Wales) Order 2006
2002/840/EC: Commission Decision 2009/1584, The Food Irradiation (England) of 23 October 2002 adopting the list Regulations 2009 of approved facilities in third 2009/1795, The Food Irradiation (Wales) countries for the irradiation of foods (Text with EEA relevance) (notified Regulations 2009 under document number C(2002) 3994)
2003/234/EC: Commission Decision 2004/2949, The Seeds (National Lists of of 2 April 2003 amending Decision Varieties) (Amendment) Regulations 2004 74/360/EEC as regards the United Kingdom's exemption from applying to hemp (Cannabis sativa) Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants
2003/881/EC: Commission Decision 2006/342, The Bee Diseases and Pests of 11 December 2003 concerning the Control (England) Order 2006 animal health and certification conditions for imports of bees (Apis 2006/1710, The Bee Diseases and Pests mellifera and Bombus spp.) from Control (Wales) Order 2006 certain third countries and repealing Decision 2000/462/EC (Text with EEA relevance)
2005/60/EC: Commission Decision of 2006/1471, The Animals and Animal 20 January 2005 amending Products (Import and Export) (England) Commission Decision 2003/881/EC Regulations 2006 concerning the animal health and certification conditions for 2006/1536, The Animals and Animal importation of bees (Apis mellifera & Products (Import and Export) (Wales) Bombus spp.) from certain third Regulations 2006 countries as regards the United States 2006/401, The Animals and Animal Products of America (notified under document (Import and Export) Regulations (Northern number C(2004) 5567)Text with EEA Ireland) 2006 relevance 2005/446, The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005 65 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2008/3203, The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008 2009/390, The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009 2009/86, The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009 2006/1710, The Bee Diseases and Pests Control (Wales) Order 2006 2007/246, The Bee Diseases and Pests Control Order (Northern Ireland) 2007 2009/227, The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009 2006/342, The Bee Diseases and Pests Control (England) Order 2006 2007/506, The Bee Diseases and Pests Control (Scotland) Order 2007
2004/266/EC: Commission Decision 2004/2387, The Fodder Plant Seed (England) of 17 March 2004 authorising the (Amendment) Regulations 2004 indelible printing of prescribed information on packages of seed of fodder plants (Text with EEA relevance)
2004/278/EC: Commission Decision 2004/2590, The Plant Health (Phytophthora of 10 February 2004 on the ramorum) (England) Order 2004 Community position on the amendment of the Appendices to 2004/3213, The Plant Health (Forestry) Annex 4 to the Agreement between (Phytophthora ramorum) (Great Britain) the European Community and the Order 2004 Swiss Confederation on trade in 2005/2517, The Plant Health (Forestry) Order agricultural products 2005 2006/1344, The Plant Health (Phytophthora ramorum) (Wales) Order 2006
2004/371/EC: Commission Decision 2004/2390, The Seed (Registration, of 20 April 2004 on conditions for Licensing and Enforcement) (England) the placing on the market of seed (Amendment) Regulations 2004 mixtures intended for use as fodder plants (Text with EEA relevance) 2004/2387, The Fodder Plant Seed (England) (Amendment) Regulations 2004 2005/1207, The Fodder Plant Seed (Wales) Regulations 2005
2004/416/EC: Commission Decision 2007/3305, The Plant Health (Wales) of 29 April 2004 on temporary (Amendment) (No. 2) Order 2007 emergency measures in respect of 2008/205, The Plant Health (Amendment) certain citrus fruits originating in Argentina or Brazil Order (Northern Ireland) 2008 2007/498, The Plant Health (Scotland) Amendment (No. 2) Order 2007 66 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
2013/187, The Plant Health (Scotland) Amendment (No. 2) Order 2013 2015/610, The Plant Health (England) Order 2015 2014/521, The Plant Health (Wales) (Amendment) Order 2014 2010/2962, The Plant Health (England) (Amendment) (No. 2) Order 2010
Commission Decision 2004/426/2004 2004/2590, The Plant Health (Phytophthora of 29 April 2004 amending Decision ramorum) (England) Order 2004 2002/757/EC on provisional emergency phytosanitary measures to 2004/3213, The Plant Health (Forestry) prevent the introduction into and the (Phytophthora ramorum) (Great Britain) spread within the Community of Order 2004 (Phytophthora ramorum Werres, De 2006/1344, The Plant Health (Phytophthora Cock & Man in ‘t Veld sp. nov. (OJ L ramorum) (Wales) Order 2006 154, 30.4.2004) (Corrigendum)
2004/691/EC: Commission Decision 2009/1584, The Food Irradiation (England) of 7 October 2004 amending Regulations 2009 Decision 2002/840/EC adopting the list of approved facilities in third 2009/1795, The Food Irradiation (Wales) countries for the irradiation of foods. Regulations 2009 Text with EEA relevance
2004/842/EC: Commission Decision 2006/1161, The Seed Potatoes (England) of 1 December 2004 concerning Regulations 2006 implementing rules whereby Member States may authorise the placing on 2006/2929, The Seed Potatoes (Wales) the market of seed belonging to Regulations 2006 varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted. Text with EEA relevance
2005/260/EC: Decision No 2/2005 of 2005/2517, The Plant Health (Forestry) Order the Joint Committee on Agriculture 2005 set up by the Agreement between the European Community and the 2005/2530, The Plant Health (England) Swiss Confederation on trade in Order 2005 agricultural products of 1 March 2006/1643, The Plant Health (Wales) Order 2005 concerning the amendments to 2006 the Appendices to Annex 4
2006/473/EC: Commission Decision 2006/435, The Plant Health (Amendment of 5 July 2006 recognising certain No. 2) Order (Northern Ireland) 2006 third countries and certain areas of third countries as being free from 2006/474, The Plant Health (Scotland) Xanthomonas campestris (all strains Amendment Order 2006 pathogenic to Citrus), Cercospora 2007/2716, The Plant Health (Wales) angolensis Carv. et Mendes and (Amendment) Order 2007 Guignardia citricarpa Kiely (all strains pathogenic to Citrus) 2013/366, The Plant Health (Scotland) Amendment (No. 3) Order 2013 2013/2687, The Plant Health (England) (Amendment) (No.3) Order 2013 2014/521, The Plant Health (Wales) (Amendment) Order 2014 67 Commons Library Briefing, 18 January 2018
EU Commission decision UK implementing measure
2015/610, The Plant Health (England) Order 2015 2014/521, The Plant Health (Wales) (Amendment) Order 2014 2017/8, The Plant Health (England) (Amendment) Order 2017 2016/104, The Plant Health (England) (Amendment) Order 2016
2007/157/EC: Commission Decision 2007/3007, The Feed (Corn Gluten Feed and of 7 March 2007 repealing Decision Brewers Grains) (Emergency Control) 2005/317/EC on emergency (England) (Revocation) Regulations 2007 measures regarding the non- authorised genetically modified 2007/3173, The Feed (Corn Gluten Feed and organism Bt10 in maize products Brewers Grains) (Emergency Control) (Wales) (Revocation) Regulations 2007 (Text with EEA relevance )
2007/201/EC: Commission Decision 2007/2715, The Plant Health (Phytophthora of 27 March 2007 amending Decision ramorum) (Wales) (Amendment) Order 2007 2002/757/EC on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov.
2007/321/EC: Commission Decision 2007/1871, The Seeds (National Lists of of 2 May 2007 releasing the United Varieties) (Amendment) Regulations 2007 Kingdom from certain obligations for the marketing of vegetable seed 2007/2747, The Seed (Miscellaneous under Council Directive 2002/55/EC Amendments) (Wales) Regulations 2007 2008/114, Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2008
2007/365/EC: Commission Decision 2007/2950, The Plant Health (England) of 25 May 2007 on emergency (Amendment) (No. 2) Order 2007 (revoked) measures to prevent the introduction into and the spread within the 2007/3305, The Plant Health (Wales) Community of Rhynchophorus (Amendment) (No. 2) Order 2007 ferrugineus (Olivier)
2007/410/EC: Commission Decision 2007/2950, The Plant Health (England) of 12 June 2007 on measures to (Amendment) (No. 2) Order 2007 prevent the introduction into and the spread within the Community of 2007/3305, The Plant Health (Wales) Potato spindle tuber viroid (Amendment) (No. 2) Order 2007
2007/433/EC: Commission Decision 2007/3305, The Plant Health (Wales) of 18 June 2007 on provisional (Amendment) (No. 2) Order 2007 emergency measures to prevent the 2008/205, The Plant Health (Amendment) introduction into and the spread within the Community of Gibberella Order (Northern Ireland) 2008 circinata Nirenberg & O’Donnell 2007/498, The Plant Health (Scotland) Amendment (No. 2) Order 2007 2008/644, The Plant Health (Forestry) (Amendment) Order 2008 2015/610, The Plant Health (England) Order 2015
68 Legislating for Brexit: EU Decisions
EU Commission decision UK implementing measure
2007/802/EC: Commission Decision 2009/1584, The Food Irradiation (England) of 4 December 2007 amending Regulations 2009 Decision 2002/840/EC as regards the list of approved facilities in third 2009/1795, The Food Irradiation (Wales) countries for the irradiation of foods Regulations 2009 (Text with EEA relevance )
2010/172: Commission Decision of 2010/2312, The Food Irradiation (England) 22 March 2010 amending Decision (Amendment) Regulations 2010 2002/840/EC as regards the list of approved facilities in third countries 2010/2289, The Food Irradiation (Wales) for the irradiation of foods (Text with (Amendment) Regulations EEA relevance) 2010/322, The Food Irradiation (Amendment) Regulations (Northern Ireland) 2010 2010/328, The Food Irradiation (Scotland) Amendment Regulations 2010
2011/83/EU: Decision No 1/2010 of 2012/697, The Plant Health (Miscellaneous the Joint Committee on Agriculture Amendments) (England) Regulations 2012 set up by the Agreement between the European Community and the 2012/241, The Plant Health (Amendment Swiss Confederation on trade in No.2) Order (Northern Ireland) 2012 agricultural products of 13 December 2014/1463, The Plant Health (Miscellaneous 2010 concerning the amendments to Amendments) (Wales) Regulations 2014 the Appendices to Annex 4 2012/266, The Plant Health (Scotland) Amendment Order 2012
2011/180/EU: Commission Decision 2011/2992, The Seed Marketing of 23 March 2011 implementing (Amendment) Regulations 2011 Council Directive 2002/55/EC as 2012/245, The Seed Marketing (Wales) regards conditions under which the placing on the market of small Regulations 2012 packages of mixtures of standard seed of different vegetable varieties belonging to the same species may be authorised. Text with EEA relevance
Animals
EU Commission decision UK Statutory Instrument
90/208/EEC: Commission Decision of The Animals and Animal Products (Import 18 April 1990 concerning certain and Export) (Amendment) Regulations protection measures relating to (Northern Ireland) 2005, 2005/ 446 contagious bovine pleuropneumonia in Spain The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 69 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
84/419/EEC: Commission Decision of The Zootechnical Standards (England) 19 July 1984 laying down the criteria Regulations 2012, 2012/2665 for entering cattle in herd-books The Zootechnical Standards (Wales) Regulations 2015, 2015/1686 The Cattle Compensation (England) Order 2012, 2012/1379
88/478/EEC Commission Decision of 1989/644, The Pig Carcase (Grading) 22 July 1988 amending Decision (Amendment) Regulations 1989 88/234/EEC authorizing methods for grading pig carcases in the United The Pig Carcase (Grading) Regulations 1994, Kingdom (Only the English text is 1994/2155 authentic) The Pig Carcase (Grading) (Amendment) (Wales) Regulations 2004, 2004/106 The Pig Carcase (Grading) Regulations 1994, 1994/2155
89/504/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down the criteria Regulations 2012, 2012/2665 for approval and supervision of breeders' associations, breeding The Zootechnical Standards (Wales) organizations and private Regulations 2015, 2015/1686 undertakings which establish or maintain registers for hybrid breeding pigs
89/162/EEC: Commission Decision of The Specified Diseases (Notification) Order 10 February 1989 supplementing the 1991, 1991/1155 Annexes to Council Directive 82/894/EEC on the notification of The Animal By-Products (Amendment) Order animal diseases within the 1997, 1997/2894 Community The Products of Animal Origin (Import and Export) (Amendment) Regulations 1997, 1997/3023 The Animal By-Products (Amendment) Order 1996, 1996/ 827 The Products of Animal Origin (Import and Export) Regulations 1992, 1992/3298 Animal By-Products (Amendment) Regulations (Northern Ireland) 1998, 1998/108 70 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animal By-Products Order 1999, 1999/646 Animal By-Products Order (Northern Ireland) 2002, 2002/209 The Products of Animal Origin (Import and Export) Regulations 1996, 1996/3124 Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998, 1998/45
89/501/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down the criteria Regulations 2012, 2012/2665 for approval and supervision of breeders' associations and breeding The Zootechnical Standards (Wales) organizations which establish or Regulations 2015, 2015/1686 maintain herd-books for pure-bred breeding pigs
89/502/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down the criteria Regulations 2012, 2012/2665 governing entry in herd-books for pure-bred breeding pigs The Zootechnical Standards (Wales) Regulations 2015, 2015/1686
89/503/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down the Regulations 2012, 2012/2665 certificate of pure-bred breeding pigs, The Zootechnical Standards (Wales) their semen, ova and embryos Regulations 2015, 2015/1686 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 71 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
89/505/EEC: Commission Decision of 1995/2428, The Animals and Animal 18 July 1989 laying down the criteria Products (Import and Export) Regulations governing entry in registers for hybrid 1995 breeding pigs The Zootechnical Standards (England) Regulations 2012, 2012/2665 The Zootechnical Standards (Wales) Regulations 2015, 2015/1686 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
89/506/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down the Regulations 2012, 2012/2665 certificate of hybrid breeding pigs, The Zootechnical Standards (Wales) their semen, ova and embryos Regulations 2015, 2015/1686 72 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
89/507/EEC: Commission Decision of The Zootechnical Standards (England) 18 July 1989 laying down methods Regulations 2012, 2012/2665 for monitoring performance and assessing the genetic value of pure- The Zootechnical Standards (Wales) bred and hybrid breeding pigs Regulations 2015, 2015/1686
92/526/EEC: Commission Decision of 1995/2428, The Animals and Animal 4 November 1992 amending Decision Products (Import and Export) Regulations 92/325/EEC concerning animal health 1995 conditions and veterinary certificates for the importation of domestic The Animals and Animal Products (Import animals of the bovine and porcine and Export) (Amendment) Regulations 1996, species from Bulgaria 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87
90/254/EEC: Commission Decision of The Zootechnical Standards (England) 10 May 1990 laying down the criteria Regulations 2012, 2012/2665 for approval of breeders' organizations and associations which The Zootechnical Standards (Wales) Regulations 2015, 2015/1686 73 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
establish or maintain flock-books for pure-bred breeding sheep and goats
90/258/EEC: Commission Decision of 1995/2428, The Animals and Animal 10 May 1990 laying down the Products (Import and Export) Regulations zootechnical certificates for pure-bred 1995 breeding sheep and goats, their semen, ova and embryos
91/52/EEC: Commission Decision of 1995/2428, The Animals and Animal 14 January 1991 concerning certain Products (Import and Export) Regulations protection measures relating to 1995 contagious bovine pleuropneumonia in Portugal The Zootechnical Standards (England) Regulations 2012, 2012/2665 The Zootechnical Standards (Wales) Regulations 2015, 2015/1686 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 74 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
94/113/EC: Commission Decision of 8 The Bovine Embryo (Collection, Production February 1994 amending Council and Transfer) Regulations 1995, 1995/2478 Directive 89/556/EEC on animal health conditions governing intra- The Animals and Animal Products (Import Community trade in and importation and Export) (Amendment) Regulations 1996, from third countries of embryos of 1996/1111 domestic animals of the bovine Animals and Animal Products (Import and species (Text with EEA relevance) Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Import and Export Restrictions (Foot- And-Mouth Disease) (Wales) (No. 10) Regulations 2001, 2001/3459 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Products of Animal Origin (Third Country Imports) (England) Regulations 2002, 2002/1227 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002, 2002/340 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 75 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002, 2002/1387 The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002, 2002/445
90/255/EEC: Commission Decision of The Zootechnical Standards (England) 10 May 1990 laying down the criteria Regulations 2012, 2012/2665 governing entry in flock-books for pure-bred breeding sheep and goats The Zootechnical Standards (Wales) Regulations 2015, 2015/1686
90/256/EEC: Commission Decision of The Zootechnical Standards (England) 10 May 1990 laying down methods Regulations 2012, 2012/2665 for monitoring performance and assessing the genetic value of pure- The Zootechnical Standards (Wales) bred breeding sheep and goats Regulations 2015, 2015/1686
90/257/EEC: Commission Decision of The Zootechnical Standards (England) 10 May 1990 laying down the criteria Regulations 2012, 2012/2665 for the acceptance for breeding purposes of pure-bred breeding The Zootechnical Standards (Wales) sheep and goats and the use of their Regulations 2015, 2015/1686 semen, ova or embryos
92/340/EEC: Commission Decision of The Animals and Animal Products (Import 2 June 1992 on testing of poultry for and Export) (Scotland) Amendment (No. 2) Newcastle Disease prior to Regulations 2005, 2005/502 movement, in application of Article 12 of Council Directive 90/539/EEC The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1993, 1993/1967 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 76 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 The Animals and Animal Products (Import and Export) Regulations 1993, 1993/3247
92/353/EEC: Commission Decision of 1995/2428, The Animals and Animal 11 June 1992 laying down the criteria Products (Import and Export) Regulations for the approval or recognition of 1995 organizations and associations which maintain or establish stud-books for The Horses (Zootechnical Standards) registered equidae (England) Regulations 2006, 2006/1757 The Horses (Zootechnical Standards) (Wales) Regulations 2006, 2006/2607 The Horses (Zootechnical Standards) Regulations 1992, 1992/3045 Horse Passports Regulations (Northern Ireland) 2004, 2004/497 The Horse Passports (England) Regulations 2004, 2004/1397 The Horses (Zootechnical Standards) Regulations (Northern Ireland) 2009, 2009/251 The Horse Passports (Wales) Regulations 2005, 2005/231 The Horse Passports (Scotland) Regulations 2005, 2005/223 The Horse Passports (England) Regulations 2003, 2003/2780 The Horses (Zootechnical Standards) (Scotland) Regulations 2008, 2008/99 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 77 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
92/354/EEC: Commission Decision of The Horses (Zootechnical Standards) 11 June 1992 laying down certain Regulations 1992, 1992/3045 rules to ensure coordination between organizations and associations which The Horses (Zootechnical Standards) maintain or establish stud-books for (Scotland) Regulations 2008, 2008/99 registered equidae The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 78 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
92/260/EEC: Commission Decision of The Trade in Animals and Related Products 10 April 1992 on animal health (Scotland) Regulations 2012, 2012/177 conditions and veterinary certification for temporary admission of registered The Animals and Animal Products (Import horses and Export) (Amendment) Regulations 1996, 1996/1111 The Animals and Animal Products (Import and Export) Regulations 1992, 1992/3295 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations 1993, 1993/3247 The Trade in Animals and Related Products Regulations (Northern Ireland) 2011, 2011/438 The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008, 2008/3230 The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008, 2008/3203 The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, 2009/390 79 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Trade in Animals and Related Products (Wales) Regulations 2011, 2011/2379 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2010, 2010/225 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, 2009/227 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1993, 1993/1967 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010, 2010/343 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011, 2011/ 27 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009, 2009/86 The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, 2009/392 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009, 2009/130 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009, 2009/228 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Trade in Animals and Related Products Regulations 2011, 2011/1197 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 80 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
Commission Decision No. C(92) 3064 1992/3300, The Fish Health Regulations of 11 December 1992 laying down 1992 the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC.
93/100/EEC: Commission Decision of The Animals and Animal Products (Import 19 January 1993 amending Council and Export) (Amendment) Regulations 1996, Decision 79/542/EEC drawing up a list 1996/1111 of third countries from which the Member States authorize imports of The Animals and Animal Products (Import bovine animals, swine, and equidae, and Export) (Amendment) Regulations 1993, fresh meat and meat products and 1993/1967 repealing Decisions 89/15/EEC and Animals and Animal Products (Import and 90/135/EEC Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325
93/195/EEC: Commission Decision of The Animals and Animal Products (Import 2 February 1993 on animal health and Export) (Scotland) Amendment conditions and veterinary certification Regulations 2009, 2009/227 for the re-entry of registered horses for racing, competition and cultural The Products of Animal Origin (Third events after temporary export Country Imports) (Scotland) Amendment Regulations 2010, 2010/225 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009, 2009/228 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008, 2008/3230 The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008, 2008/3203 The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, 2009/390 81 Commons Library Briefing, 18 January 2018
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The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010 2010/343 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011, 2011/27 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009, 2009/86 The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, 2009/392 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009, 2009/130 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
93/197/EEC: Commission Decision of The Animals and Animal Products (Import 5 February 1993 on animal health and Export) (Amendment) Regulations 1996, conditions and veterinary certification 1996/1111 for imports of registered equidae and equidae for breeding and production 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 82 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008, 2008/3230 The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008, 2008/3203 The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, 2009/390 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2010, 2010/225 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, 2009/227 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010, 2010/343 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011, 2011/27 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009, 2009/86 The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, 2009/392 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009, 2009/130 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009, 2009/228 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 83 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations 1995,1995/2428, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
93/344/EEC: Commission Decision of The Animals and Animal Products (Import 17 May 1993 amending Council and Export) Regulations 1995, 1995/2428 Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC The Animals and Animal Products (Import and 93/197/EEC with regard to the and Export) (Amendment) Regulations 1996, animal health conditions for the 1996/1111 importation, temporary admission Animals and Animal Products (Import and and re-entry of registered horses from Export) (Amendment) Regulations (Northern Qatar, and further amending Decision Ireland) 1997, 1997/87 79/542/EEC Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 84 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
94/164/EC: Commission Decision of 1995/2428, The Animals and Animal 18 February 1994 amending Council Products (Import and Export) Regulations Directive 91/68/EEC as regards the 1995 formulation of the health certificates Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Sheep Scab (Shetland Islands) Order 2003, 2003/202 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253
93/52/EEC: Commission Decision of The Animals and Animal Products (Import 21 December 1992 recording the and Export) Regulations 1995, 1995/ 2428 compliance by certain Member States or regions with the requirements The Animals and Animal Products (Import relating to brucellosis (B. melitensis) and Export) (Amendment) Regulations 1996, and according them the status of a 1996/1111 Member State or region officially free The Bovine Embryo (Collection, Production of the disease and Transfer) Regulations 1995, 1995/2478 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 85 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996, 1996/389 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1993, 1993/1967
93/196/EEC: Commission Decision of Animals and Animal Products (Import and 5 February 1993 on animal health Export) Regulations (Northern Ireland) 2000, conditions and veterinary certification 2000/253 for imports of equidae for slaughter Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008, 2008/3230 The Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2008, 2008/3203 The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 2009, 2009/390 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2010, 2010/225 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, 2009/227 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2010, 2010/343 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2011, 2011/27 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2009, 2009/86 The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009, 2009/392 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2009, 2009/130 The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009, 2009/228 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 86 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations 1995,1995/2428, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
93/510/EEC: Commission Decision of The Animals and Animal Products (Import 21 September 1993 amending and Export) (Amendment) Regulations Commission Decision 93/197/EEC on (Northern Ireland) 2005, 2005/ 446 animal health conditions and veterinary certification for imports of The Animals and Animal Products (Import registered equidae and equidae for and Export) (England) Regulations 2006, breeding and production 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
94/59/EC: Commission Decision of 26 Fresh Meat (Import Conditions) Regulations January 1994 concerning the animal (Northern Ireland) 1997, 1997/218 health condition and veterinary certification for the importation of meat products from Bahrain and 87 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
amending Council Decision 2003/215, Products of Animal Origin (Third 79/542/EEC and Commission Decision Country Imports) (Amendment) Regulations 91/449/EEC (Text with EEA relevance) (Northern Ireland) 2003 Minced Meat and Meat Preparations (Hygiene) Regulations (Northern Ireland) 1997, 1997/495 The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002, 2002/3206 The Minced Meat and Meat Preparations (Hygiene) Regulations 1995, 1995/3205 The Products of Animal Origin (Third Country Imports) (England) (No. 4) (Amendment) Regulations 2006, 2003/3177 The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004, 2004/1430 The Products of Animal Origin (Third Country Imports) (England) Regulations 2002, 2002/1227 Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002, 2002/340 The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002, 2002/1387 The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008, 2008/3230 The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002, 2002/445
94/668/EC: Commission Decision of 6 1995/ 2428, The Animals and Animal October 1994 concerning the Products (Import and Export) Regulations importation into the Community of 1995 fresh pigmeat, pigmeat products, live pigs and porcine embryos from 1996/1111, The Animals and Animal Hungary and amending Decisions Products (Import and Export) (Amendment) 82/8/EEC, 91/449/EEC and Regulations 1996 92/322/EEC (Text with EEA relevance) Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87
93/682/EC: Commission Decision of 1995/ 2428, The Animals and Animal 17 December 1993 amending for the Products (Import and Export) Regulations third time Decision 93/197/EEC on 1995 animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production
94/113/EC: Commission Decision of 8 The Bovine Embryo (Collection, Production February 1994 amending Council and Transfer) Regulations 1995, 1995/2478 Directive 89/556/EEC on animal health conditions governing intra- 1996/1111, The Animals and Animal Community trade in and importation Products (Import and Export) (Amendment) from third countries of embryos of Regulations 1996 88 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
domestic animals of the bovine Animals and Animal Products (Import and species (Text with EEA relevance) Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 The Import and Export Restrictions (Foot- And-Mouth Disease) (Wales) (No. 10) Regulations 2001, 2001/3459 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 The Products of Animal Origin (Third Country Imports) (England) Regulations 2002, 2002/1227 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002, 2002/340 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002, 2002/1387
94/338/EC: Commission Decision of 1994/1716, The Rabies (Importation of 25 May 1994 laying down detailed Dogs, Cats and Other Mammals) rules for the application of Council (Amendment) Order 1994 Directive 90/425/EEC as regards the taking of samples for the purpose of Animals and Animal Products (Import and veterinary inspections at the place of Export) (Amendment) Regulations (Northern destination Ireland) 1997, 1997/87 89 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
94/561/EC: Commission Decision of The Animals and Animal Products (Import 27 July 1994 amending Council and Export) (Amendment) Regulations Decisions 79/542/EEC, 92/260/EEC, (Northern Ireland) 2005, 2005/ 446 93/195/EEC and 93/197/EEC, with regard to the animal health The Animals and Animal Products (Import conditions for importation, temporary and Export) (England) Regulations 2006, admission and re-entry of registered 2006/1471 horses from Macau, Malaysia The Animals and Animal Products (Import (peninsula) and Singapore and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 90 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
94/453/EC: Commission Decision of 2000/1673, The Animals and Animal 29 June 1994 amending or repealing Products (Import and Export) (England and some detailed rules concerning the Wales) Regulations 2000 (revoked) animal health and public health conditions required for imports of certain live animals and animal products from Austria, Finland, Norway and Sweden in application of the European Economic Area Agreement (Text with EEA relevance)
94/722/EC: Commission Decision of The Fish Health Amendment (Scotland) 25 October 1994 approving the Regulations 2001, 2001/409 programme concerning bonamiosis and marteiliosis submitted by France Animals and Animal Products (Import and (Only the French text is authentic) Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87 The Fish Health Regulations 1997, 1997/1881 Fish Health Regulations (Northern Ireland) 1998, 1998/310 The Products of Animal Origin (Import and Export) Regulations 1996, 1996/3124
95/99/EC: Commission Decision of 27 The Animals and Animal Products (Import March 1995 amending Decision and Export) (Amendment) Regulations 93/195/EEC on animal health (Northern Ireland) 2005, 2005/ 446 conditions and veterinary certification for the re-entry of registered horses The Animals and Animal Products (Import for racing, competition and cultural and Export) (England) Regulations 2006, events after temporary export 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 91 Commons Library Briefing, 18 January 2018
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The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
95/176/EC: Commission Decision of 6 The Animals and Animal Products (Import April 1995 amending Annexes C and and Export) (Amendment) Regulations D of Council Directive 92/65/EEC (Northern Ireland) 2005, 2005/ 446 laying down animal health requirements governing trade in and The Animals and Animal Products (Import imports into the Community of and Export) (England) Regulations 2006, animals, semen, ova and embryos not 2006/1471 subject to animal health requirements The Animals and Animal Products (Import laid down in specific Community rules and Export) (Wales) Regulations 2006, referred to in Annex A (I) to Directive 2006/1536 90/425/EEC The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 The Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2000, 2000/1298
95/322/EC: Commission Decision of The Animals and Animal Products (Import 25 July 1995 amending Council and Export) (Amendment) Regulations Decision 79/542/EEC and Commission (Northern Ireland) 2005, 2005/ 446 Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC with The Animals and Animal Products (Import regard to the animal health and Export) (England) Regulations 2006, conditions and veterinary certification 2006/1471 for the temporary admission and re- The Animals and Animal Products (Import entry of registered horses and imports and Export) (Wales) Regulations 2006, into the Community of equidae for 2006/1536 slaughter, registered equidae and equidae for breeding and production The Animals and Animal Products (Import from Morocco and Export) (England) Regulations 2005, 2005/2002 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 92 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
95/323/EC: Commission Decision of The Animals and Animal Products (Import 25 July 1995 amending Council and Export) (Amendment) Regulations Decision 79/542/EEC and Commission (Northern Ireland) 2005, 2005/ 446 Decisions 92/260/EEC, 93/195/EEC and 93/197/EEC with regard to the The Animals and Animal Products (Import animal health conditions for the and Export) (England) Regulations 2006, temporary admission, re-entry and 2006/1471 imports into the Community of The Animals and Animal Products (Import registered horses from Syria and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
95/329/EC: Commission Decision of The Animals and Animal Products (Import 25 July 1995 defining the categories and Export) (Amendment) Regulations of male equidae to which the (Northern Ireland) 2005, 2005/ 446 requirement regarding viral arteritis laid down in Article 15 (b) (ii) of The Animals and Animal Products (Import Council Directive 90/426/EEC applies and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 93 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004
95/536/EC: Commission Decision of 6 2005/78, Animals and Animal Products December 1995 amending (Import and Export) Regulations (Northern Commission Decisions 92/160/EEC Ireland) 2005 and 93/197/EEC in relation to the regionalization of Egypt for the 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) imports of registered horses (Text with EEA relevance) Regulations 2004 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005, 2005/ 446 2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
95/410/EC: Council Decision of 22 The Animals and Animal Products (Import June 1995 laying down the rules for and Export) (Amendment) Regulations the microbiological testing by (Northern Ireland) 2005, 2005/ 446 sampling in the establishment of origin of poultry for slaughter The Animals and Animal Products (Import intended for Finland and Sweden and Export) (England) Regulations 2005, 2005/2002 The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2005, 2005/502 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 94 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004
96/78/EC: Commission Decision of 10 The Horses (Zootechnical Standards) January 1996 laying down the criteria (England) Regulations 2006, 2006/1757 for entry and registration of equidae in stud-books for breeding purposes The Horses (Zootechnical Standards) (Wales) (Text with EEA relevance) Regulations 2006, 2006/2607 The Horses (Zootechnical Standards) Regulations (Northern Ireland) 2009, 2009/251 The Horses (Zootechnical Standards) (Scotland) Regulations 2008, 2008/99 2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 95 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
2009/446, The Official Feed and Food Controls (Scotland) Regulations 2009
96/79/EC: Commission Decision of 12 2000/216, The Animals and Animal Products January 1996 laying down the (Import and Export) (Scotland) Regulations zootechnical certificates of semen, 2000 (revoked) ova and embryos from registered equidae (Text with EEA relevance) Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87
96/81/EC: Commission Decision of 12 Animals and Animal Products (Import and January 1996 amending Decisions Export) (Amendment) Regulations (Northern 92/260/EEC, 93/196/EEC, 93/197/EEC Ireland) 1997, 1997/87 and 94/467/EC with regard to the 2000/253, Animals and Animal Products categories of male equidae to which apply the requirements on equine (Import and Export) Regulations (Northern viral arteritis (Text with EEA relevance) Ireland) 2000 2009/446, The Official Feed and Food Controls (Scotland) Regulations 2009 2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006, 2006/335
96/385/EC: Commission Decision of The Selective Cull (Enforcement of 24 June 1996 approving the plan for Community Compensation Conditions) the control and eradication of bovine Regulations 1996,1996/3186 spongiform encephalopathy in the Selective Cull (Enforcement of Community United Kingdom (Text with EEA relevance) Compensation Conditions) Regulations (Northern Ireland) 1996, 1996/595 96 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Bovine Spongiform Encephalopathy (No. 2) Order 1996, 1996/3183 The Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1997, 1997/2387
96/279/EC: Commission Decision of 2000/253, Animals and Animal Products 26 February 1996 amending Council (Import and Export) Regulations (Northern Decision 79/542/EEC and Commission Ireland) 2000 Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC (Text 2004/325, Animals and Animal Products with EEA relevance) (Import and Export) Regulations (Northern Ireland) 2004 2006/1471, The Animals and Animal Products (Import and Export) (England) Regulations 2006 2006/1536, The Animals and Animal Products (Import and Export) (Wales) Regulations 2006 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 2009/446, The Official Feed and Food Controls (Scotland) Regulations 2009 2005/2002, The Animals and Animal Products (Import and Export) (England) Regulations 2005 2005/78, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005 2004/2886, The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158
96/624/EC: Commission Decision of 2004/325, Animals and Animal Products 17 October 1996 amending Council (Import and Export) Regulations (Northern Decision 79/542/EEC drawing up a list Ireland) 2004 of third countries from which the Member States authorize imports of The Animals and Animal Products (Import bovine animals, swine, equidae, and Export) (Scotland) Regulations 2000, sheep and goats, fresh meat and 2000/216 (revoked) meat products (Text with EEA relevance)
96/510/EC: Commission Decision of The Official Feed and Food Controls 18 July 1996 laying down the (Scotland) Regulations 2009, 2009/446 pedigree and zootechnical certificates for the importation of breeding The Animals and Animal Products (Import animals, their semen, ova and and Export) (England) Regulations 2006, 2006/1471 embryos (Text with EEA relevance) The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 97 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
97/36/EC: Commission Decision of 18 The Official Feed and Food Controls December 1996 amending Decision (Scotland) Regulations 2009, 2009/446 93/196/EEC and 93/197/EEC on imports of Equidae from Iceland (Text The Animals and Animal Products (Import and Export) (England) Regulations 2006, with EEA relevance) 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, 2000/253 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 98 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
97/160/EC: Commission Decision of Animals and Animal Products (Import and 14 February 1997 amending Council Export) Regulations (Northern Ireland) 2004, Decision 79/542/EEC and Commission 2004/325 Decisions 92/260/EEC, 93/195/EEC and 93/197/EEC with regard to the The Animals and Animal Products (Import animal health conditions for the and Export) (Scotland) Regulations 2000, 2000/216 (revoked) temporary admission, re-entry and imports into the Community of registered horses from Lebanon (Text with EEA relevance
97/183/EC: Commission Decision of The Official Feed and Food Controls 25 February 1997 amending Decision (Scotland) Regulations 2009, 2009/446 96/659/EC on protective measures in relation to Crimean Congo The Animals and Animal Products (Import haemorrhagic fever in South Africa and Export) (England) Regulations 2006, (Text with EEA relevance) 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325
97/736/EC: Commission Decision of The Animals and Animal Products (Import 14 October 1997 concerning the and Export) (England and Wales) Regulations importation of live animals, fresh 2000, 2000/1673 (revoked) meat and meat products from the Federal Republic of Yugoslavia and Greenland and amending Council Decision 79/542/EEC (Text with EEA relevance)
98/594/EC: Commission Decision of 6 Animals and Animal Products (Import and October 1998 amending Council Export) Regulations (Northern Ireland) 2004, Decisions 79/542/EEC, 92/260/EEC, 2004/325 93/195/EEC and 93/197/EEC, with regard to the animal health Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000, conditions for importation, temporary admission and re-entry of registered 2000/253 horses from Thailand (notified under The Official Feed and Food Controls (Scotland) Regulations 2009, 2009/446 99 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
document number C(1998) 2962) The Animals and Animal Products (Import (Text with EEA relevance) and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
1999/228/EC: Commission Decision Animals and Animal Products (Import and of 5 March 1999 amending Council Export) Regulations (Northern Ireland) 2004, Decision 79/542/EEC and Decisions 2004/325 92/160/EEC, 92/260/EEC and Animals and Animal Products (Import and 93/195/EEC and 93/197/EEC with regard to the animal health Export) Regulations (Northern Ireland) 2000, conditions for the temporary 2000/253 admission, re-entry and imports into The Official Feed and Food Controls the Community of registered horses (Scotland) Regulations 2009, 2009/446 from certain parts of Saudi Arabia (notified under document number The Animals and Animal Products (Import C(1999) 496) (Text with EEA and Export) (England) Regulations 2006, relevance) 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 100 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
99/613/EC: Commission Decision of Animals and Animal Products (Import and 10 September 1999 amending Export) Regulations (Northern Ireland) 2004, Commission Decisions 92/260/EEC 2004/325 and 93/197/EEC with regard to the animal health conditions for the Animals and Animal Products (Import and temporary admission and imports into Export) Regulations (Northern Ireland) 2000, the Community of registered horses 2000/253 from United Arab Emirates (notified The Official Feed and Food Controls under document number C(1999) (Scotland) Regulations 2009, 2009/446 2795) (Text with EEA relevance) The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
1999/236/EC: Commission Decision Animals and Animal Products (Import and of 17 March 1999 amending Council Export) Regulations (Northern Ireland) 2004, Decision 79/542/EEC and Decisions 2004/325 92/160/EEC and 93/197/EEC with Animals and Animal Products (Import and regard to the animal health conditions for imports into the Export) Regulations (Northern Ireland) 2000, Community of registered horses from 2000/253 certain parts of Kyrgyzstan (notified The Official Feed and Food Controls under document number C(1999) (Scotland) Regulations 2009, 2009/446 609) (Text with EEA relevance) The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 101 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
1999/252/EC: Commission Decision Animals and Animal Products (Import and of 26 March 1999 amending Decision Export) Regulations (Northern Ireland) 2004, 93/197/EEC on animal health 2004/325 conditions and veterinary certification for imports of registered equidae and Animals and Animal Products (Import and equidae for breeding and production Export) Regulations (Northern Ireland) 2000, (notified under document number 2000/253 C(1999) 754) (Text with EEA The Official Feed and Food Controls relevance) (Scotland) Regulations 2009, 2009/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
99/558/EC: Commission Decision of The Animals and Animal Products (Import 26 July 1999 amending Council and Export) (Scotland) Amendment (No. 2) Decision 79/542/EEC and Commission Regulations 2006, 2006/450 Decisions 92/160/EEC and 93/195/EEC with regard to imports of Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, registered horses from Ecuador (notified under document number 2004/325 102 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
C(1999) 2438) (Text with EEA Animals and Animal Products (Import and relevance) Export) Regulations (Northern Ireland) 2000, 2000/253 The Official Feed and Food Controls (Scotland) Regulations 2009, 2009/446 The Animals and Animal Products (Import and Export) (England) Regulations 2006, 2006/1471 The Animals and Animal Products (Import and Export) (Wales) Regulations 2006, 2006/1536 The Animals and Animal Products (Import and Export) (England) Regulations 2005, 2005/2002 Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005, 2005/78 The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004, 2004/2886 The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006, 2006/401 The Animals and Animal Products (Import and Export) (Wales) Regulations 2005, 2005/1158 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
2001/2/EC: Commission Decision of 2000/3377, The Specified Risk Material 27 December 2000 amending (Amendment) (England) (No. 3) Order 2000 Decision 2000/418/EC regulating the use of material presenting risks as The Specified Risk Material Order regards transmissible spongiform Amendment (Scotland) Regulations 2001, encephalopathies (Text with EEA 2001/4 relevance) (notified under document The Specified Risk Material Amendment number C(2000) 4147) (Scotland) Regulations 2001, 2001/3 Specified Risk Material (Amendment) Regulations (Northern Ireland) 2001, 2001/48 The BSE Monitoring (England) Regulations 2001, 2001/1644 The BSE Monitoring (Wales) Regulations 2001, 2001/2360
2000/2/EC: Commission Decision of 2000/253, Animals and Animal Products 17 December 1999 amending (Import and Export) Regulations (Northern Council Decision 79/542/EEC drawing Ireland) 2000 up a list of third countries from which the Member States authorise imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products and repealing Decision 1999/301/EC (notified under document number C(1999) 4844) (Text with EEA relevance) 103 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
2001/345/EC: Commission Decision 2001/498, The Export Restrictions (Foot- of 2 May 2001 amending Decision And-Mouth Disease) Regulations 2001 2001/304/EC on marking and use of certain animal products in relation to 2001/358,The Foot-and-Mouth Disease Decision 2001/172/EC concerning (Marking of Meat, Meat Products, Minced certain protection measures with Meat and Meat Preparations) (Scotland) Regulations 2001 regard to foot-and-mouth disease in the United Kingdom (Text with EEA 2001/1739, The Foot-and-Mouth Disease relevance) (notified under document (Marking of Meat, Minced Meat and Meat number C(2001) 1208) Preparations) Regulations 2001 The Foot-and-Mouth Disease (Marking of Meat, Minced Meat and Meat Preparations) (Wales) Regulations 2001, 2001/1740 The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (Wales) (No. 2) Regulations 2001, 2001/2627 The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (No. 2) Regulations 2001, 2001/2601 The Import and Export Restrictions (Foot- and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Amendment Regulations 2002, 2002/169
2002/153/EC: Commission Decision 2002/431, The Import and Export of 20 February 2002 concerning Restrictions (Foot-and-Mouth Disease) certain protection measures with (Wales) (No.2) (Revocation) Regulations regard to foot-and-mouth disease in 2002 the United Kingdom, repealing Decision 2001/740/EC and amending 2002/468, The Import and Export Restrictions (Foot-and-Mouth Disease) (No. for the eighth time Decision 2001/327/EC (Text with EEA 3) (Revocation) Regulations 2002 relevance) 2002/196, The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2002 The Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) (No. 2) Regulations 2002, 2002/956 The Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (Wales) (No. 2) Regulations 2002, 2002/1039 The Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (Wales) Regulations 2002, 2002/430 The Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) Regulations 2002, 2002/467 Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2002, 2002/296 The Import and Export Restrictions (Foot- and-Mouth Disease) (Scotland) (No. 3) Revocation Regulations 2002, 2002/109 104 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2002, 2002/125 The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194
2004/665/EC: Commission Decision 2005/586, The Salmonella in Laying Flocks of 22 September 2004 concerning a (Survey Powers) (Wales) Regulations 2005 baseline study on the prevalence of salmonella in laying flocks of Gallus 2005/132, Salmonella in Laying Flocks gallus (Survey Powers) Regulations (Northern Ireland) 2005 2005/359, The Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2005 2004/2885, The Salmonella in Laying Flocks (Survey Powers) (England) Regulations 2004 2004/536, The Salmonella in Laying Flocks (Sampling Powers) (Scotland) Regulations 2004 Salmonella in Laying Flocks (Survey Powers) Regulations (Northern Ireland) 2004, 2004/525
2005/636/EC: Commission Decision 2005/2927, The Salmonella in Broiler Flocks of 1 September 2005 concerning a (Survey Powers) (England) Regulations 2005 financial contribution by the Community towards a baseline survey 2005/584, The Salmonella in Broiler Flocks on the prevalence of Salmonella spp. (Survey Powers) Regulations (Northern Ireland) 2005 in broiler flocks of Gallus gallus to be carried out in the Member States 2005/496, he Salmonella in Broiler Flocks (Sampling Powers) (Scotland) Regulations 2005 2006/1511, The Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006 2006/864, The Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2006
2005/734/EC: Commission Decision The Avian Influenza (Preventive Measures) of 19 October 2005 laying down (Scotland) Amendment Regulations 2005, biosecurity measures to reduce the 2005/646 risk of transmission of highly The Avian Influenza (Preventive Measures) pathogenic avian influenza caused by Influenza virus A subtype H5N1 from (Scotland) Amendment Regulations 2006, birds living in the wild to poultry and 2006/399 other captive birds and providing for The Avian Influenza (Preventive Measures) an early detection system in areas at (No 2) Regulations 2005, 2005/3394 particular risk (Text with EEA relevance) The Avian Influenza (Preventive Measures) (Date for Identification of Poultry Premises) (Scotland) Regulations 2005, 2005/625 The Avian Influenza (Preventive Measures) (Wales) Regulations 2005, 2005/2985) The Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2005, 2005/485 The Avian Influenza (Preventive Measures) Regulations 2005, 2005/2989 105 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
The Avian Influenza (Preventive Measures) (Scotland) Regulations 2005, 2005/530 The Avian Influenza (Preventive Measures) (Wales) (No. 2) Regulations 2005,2005/3384 The Avian Influenza (Preventive Measures) (Scotland) Order 2007, 2007/69 The Avian Influenza (Preventive Measures) (England) Regulations 2006, 2006/2701 The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006, 2006/2927 The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006, 2006/2702 The Avian Influenza (Preventive Measures) (Wales) Regulations 2006, 2006/2803
2006/415/EC: Commission Decision The Avian Influenza (H5N1 in Poultry) of 14 June 2006 concerning certain Regulations (Northern Ireland) 2007, protection measures in relation to 2007/207 highly pathogenic avian influenza of the subtype H5N1 in poultry in the The Avian Influenza (H5N1 in Poultry) Community and repealing Decision (Wales) Order 2006, 2006/3309 2006/135/EC (Text with EEA The Avian Influenza (H5N1 in Poultry) relevance) (England) Order 2006, 2006/3247 The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007, 2007/62 The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007, 2007/208 The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006, 2006/3310 The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006, 2006/3249
2006/474/EC: Commission Decision The Avian Influenza and Influenza of Avian of 6 July 2006 concerning measures Origin in Mammals Regulations (Northern to prevent the spread of highly Ireland) 2007, 2007/68 pathogenic avian influenza caused by influenza A virus of subtype H5N1 to 2007/69, The Avian Influenza (Preventive birds kept in zoos and approved Measures) (Scotland) Order 2007 bodies, institutes and centres in the The Avian Influenza (Preventive Measures) Member States and repealing Regulations (Northern Ireland) 2007, Decision 2005/744/EC (Text with EEA 2007/70 relevance) 2006/2701, The Avian Influenza (Preventive Measures) (England) Regulations 2006 2006/2702, The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 2006/2803, The Avian Influenza (Preventive Measures) (Wales) Regulations 2006 2006/2927, The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 106 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
2006/563/EC: Commission Decision The Avian Influenza (H5N1 in Wild Birds) of 11 August 2006 concerning (England) Order 2006, 2006/3249 certain protection measures in relation to highly pathogenic avian The Avian Influenza (H5N1 in Wild Birds) influenza of subtype H5N1 in wild (Wales) Order 2006, 2006/3310 birds in the Community and repealing The Avian Influenza (H5N1 in Poultry) Decision 2006/115/EC (Text with EEA (Wales) Order 2006, 2006/3309 relevance) The Avian Influenza (H5N1 in Poultry) (England) Order 2006, 2006/3247 The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007, 2007/61 The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007, 2007/207 The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007, 2007/208
2006/662/EC: Commission decision 2006/2821, The Salmonella in Turkey Flocks of 29 September 2006 concerning a and Slaughter Pigs (Survey Powers) (England) financial contribution from the Regulations 2006 Community towards a baseline survey on the prevalence of Salmonella in 2006/492, The Salmonella in Turkey Flocks turkeys to be carried out in the and Herds of Slaughter Pigs (Survey Powers) Member States Regulations (Northern Ireland) 2006
2006/668/EC: Commission Decision 2006/2821, The Salmonella in Turkey Flocks of 29 September 2006 concerning a and Slaughter Pigs (Survey Powers) (England) financial contribution from the Regulations 2006 Community towards a baseline survey on the prevalence of Salmonella in 2006/492, The Salmonella in Turkey Flocks and Herds of Slaughter Pigs (Survey Powers) slaughter pigs to be carried out in the Member States Regulations (Northern Ireland) 2006
2007/118/EC: Commission Decision 2008/1275, The Products of Animal Origin of 16 February 2007 laying down (Disease Control) (Wales) Regulations 2008 detailed rules in relation to an alternative identification mark 2008/158, The Products of Animal Origin pursuant to Council Directive (Disease Control) (Scotland) Order 2008 2002/99/EC (Text with EEA relevance 2008/465, The Products of Animal Origin ) (Disease Control) (England) Regulations 2008 2007/207, The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007 2008/431, The Products of Animal Origin (Disease Control) Regulations (Northern Ireland) 2008 2007/208, The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007
2007/275/EC: Commission Decision 2007/314, The Products of Animal Origin of 17 April 2007 concerning lists of (Third Country Imports) (Amendment) animals and products to be subject to Regulations (Northern Ireland) 2007 controls at border inspection posts under Council Directives 91/496/EEC 2007/304, The Products of Animal Origin (Third Country Imports) (Scotland) and 97/78/EC (Text with EEA relevance) Amendment Regulations 2007 107 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
2007/1710, The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2007 2007/1605, The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2007 2012/177, The Trade in Animals and Related Products (Scotland) Regulations 2012 2011/2379, The Trade in Animals and Related Products (Wales) Regulations 2011 2011/438, The Trade in Animals and Related Products Regulations (Northern Ireland) 2011 2011/1197, The Trade in Animals and Related Products Regulations 2011 2008/3230, The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2008 2007/3435, The Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) Regulations 2007 2007/3295, The Export and Movement Restrictions (Foot-and-Mouth Disease) Regulations 2007 2012/1765, The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2012 2007/473, The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 5) Regulations 2007 2010/225, The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2010 2010/417, The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2010 2007/2971, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) (Wales) Regulations 2007 2007/2710, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) (Wales) Regulations 2007 2007/3142, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.6) Regulations 2007 2007/494, The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 6) Regulations 2007 2007/357, The Export Restrictions (Foot-and- Mouth Disease) Regulations (Northern Ireland) 2007 2007/3140, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.6) (Wales) Regulations 2007 108 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
2007/2375, The Import and Export Restrictions (Foot-And-Mouth Disease) (No. 2) Regulations 2007 2007/386, The Foot-and-Mouth Disease (Export Restrictions) (Scotland) Regulations 2007 2007/518, The Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) Regulations 2007 2007/482, The Official Feed and Food Controls Regulations (Northern Ireland) 2007 2007/2489, The Foot-and-Mouth Disease (Export Restrictions) Regulations 2007 2007/2970, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) Regulations 2007 2012/1742, The Food Hygiene (England) (Amendment) Regulations 2012 2009/392, The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 2009 2012/75, The Food Hygiene (Scotland) Amendment Regulations 2012 2012/280, The Food Hygiene (Amendment) (No. 2) Regulations (Northern Ireland) 2012 2007/3441, The Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) (Wales) Regulations 2007 2007/2477, The Foot-and-Mouth Disease (Export Restrictions) (Wales) Regulations 2007 2007/2984, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) Regulations 2007 2007/552, The Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) (No. 2) Regulations 2007 2007/377, The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2007 2007/2997 , The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) (Wales) Regulations 2007 2007/428, The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2007 2007/460, The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 4) Regulations 2007 2007/2385, The Import and Export Restrictions (Foot-And-Mouth Disease) (No 2) (Wales) Regulations 2007 109 Commons Library Briefing, 18 January 2018
EU Commission decision UK Statutory Instrument
2009/228, The Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2009 2007/3296, The Export and Movement Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2007 2007/2712, The Import and Export Restrictions (Foot-and-Mouth Disease) (No.3) Regulations 2007 2009/3255, The Official Feed and Food Controls (England) Regulations 2009 2009/427, The Official Feed and Food Controls Regulations (Northern Ireland) 2009 2007/3185, The Official Feed and Food Controls (England) Regulations 2007 2009/3376, The Official Feed and Food Controls (Wales) Regulations 2009 2007/522, The Official Feed and Food Controls (Scotland) Regulations 2007 2013/2996, The Food Safety and Hygiene (England) Regulations 2013 2007/3294, The Official Feed and Food Controls (Wales) Regulations 2007 2009/446, The Official Feed and Food Controls (Scotland) Regulations 2009
2007/411/EC: Commission Decision The Bovine Products (Restriction on Placing of 14 June 2007 prohibiting the on the Market) (Wales) (No. 2) (Amendment) placing on the market of products Regulations 2007, 2007/1835 derived from bovine animals born or reared within the United Kingdom The Bovine Products (Restriction on Placing before 1 August 1996 for any on the Market) (Scotland) (No. 2) purpose and exempting such animals Amendment Regulations 2007, 2007/338 from certain control and eradication The Bovine Products (Restriction on Placing measures laid down in Regulation on the Market) (No. 2) (Amendment) (EC) No 999/2001 and repealing Regulations (Northern Ireland) 2007, Decision 2005/598/EC 2007/307 The Bovine Products (Restriction on Placing on the Market) (England) (No. 2) (Amendment) Regulations 2007, 2007/1755 The Transmissible Spongiform Encephalopathies (England) Regulations 2008, 2008/1881 The Transmissible Spongiform Encephalopathies (England) Regulations 2010, 2010/801 The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010, 2010/177 The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008, 2008/508 The Transmissible Spongiform Encephalopathies (Wales) Regulations 2008, 2008/3154 110 Legislating for Brexit: EU Decisions
EU Commission decision UK Statutory Instrument
The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2010, 2010/406 The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2008, 2008/3295 The Food Hygiene (Wales) (Amendment) Regulations 2010, 2010/893 The Transmissible Spongiform Encephalopathies (Wales) (Amendment) (No.2) Regulations 2008, 2008/3266 The Transmissible Spongiform Encephalopathies (Scotland) Amendment (No. 2) Regulations 2008, 2008/417 The Food Hygiene (England) (Amendment) Regulations 2010, 2010/534 The Food Hygiene (Scotland) Amendment Regulations 2010, 2010/69 The Food Safety and Hygiene (England) Regulations 2013, 2013/2996
2009/719/EC: Commission Decision The Transmissible Spongiform of 28 September 2009 authorising Encephalopathies (Amendment) Regulations certain Member States to revise their (Northern Ireland) 2009, 2009/347 annual BSE monitoring programmes (notified under document C(2009) The Food Hygiene (Wales) (Amendment) 6979) (Text with EEA relevance) Regulations 2010, 2010/893 The Food Hygiene (England) (Amendment) Regulations 2010, 2010/534 The Food Hygiene (Scotland) Amendment Regulations 2010, 2010/69 The Transmissible Spongiform Encephalopathies (England) Regulations 2010, 2010/801 The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010, 2010/177 The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2010, 2010/406 The Official Feed and Food Controls (England) Regulations 2009, 2009/3255 The Official Feed and Food Controls Regulations (Northern Ireland) 2009, 2009/427 The Official Feed and Food Controls (Wales) Regulations 2009, 2009/3376 The Food Safety and Hygiene (England) Regulations 2013, 2013/2996 The Official Feed and Food Controls (Scotland) Regulations 2009, 2009/446
Companies 111 Commons Library Briefing, 18 January 2018
EU decision UK implementing measure
2011/30/EU: Commission Decision of The Statutory Auditors and Third Country 19 January 2011 on the equivalence Auditors (Amendment) Regulations 2011, of certain third country public 2011/1856 oversight, quality assurance, investigation and penalty systems for auditors and audit entities and a transitional period for audit activities of certain third country auditors and audit entities in the European Union. Text with EEA relevance
Customs and Excise
2001/574/EC: Commission Decision The Hydrocarbon Oil (Marking) of 13 July 2001 establishing a (Amendment) Regulations 2007, 2007/1416 common fiscal marker for gas oils and kerosene The Hydrocarbon Oil (Marking) Regulations 2002, 2002/1773
Energy
EU decision UK implementing measure
93/327/EEC: Commission Decision of 1993/3227, The Utilities Supply and Works 13 May 1993 defining the conditions Contracts (Amendment) Regulations 1993 under which contracting entities exploiting geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels must communicate to the Commission information relating to the contracts they award
Environment and water
EU decision UK implementing measure
2000/532/EC: Commission Decision The Hazardous Waste (Amendment) of 3 May 2000 replacing Decision Regulations (Northern Ireland) 2015, 94/3/EC establishing a list of wastes 2015/238 pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and The Hazardous Waste (Amendment No. 2) Council Decision 94/904/EC Regulations (Northern Ireland) 2015, establishing a list of hazardous waste 2015/288 pursuant to Article 1(4) of Council The Hazardous Waste (Miscellaneous Directive 91/689/EEC on hazardous Amendments) Regulations 2015, 2015/1360 waste (Text with EEA relevance) The Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2015, 2015/188 The Hazardous Waste (Miscellaneous Amendments) (Wales) Regulations 2015, 2015/1417 The List of Wastes (England) (Amendment) Regulations 2005, 2005/1673 112 Legislating for Brexit: EU Decisions
The Controlled Waste (Duty of Care) (Amendment) Regulations (Northern Ireland) 2004, 2004/277 The List of Wastes (England) Regulations 2005, 2005/895 The List of Wastes Regulations (Northern Ireland) 2005, 2005/301 The Waste (Scotland) Regulations 2011, 2011/226 The Waste Regulations (Northern Ireland) 2011, 2011/127 The List of Wastes (Wales) Regulations 2005, 2005/1820 The Waste Information (Scotland) Regulations 2010, 2010/435 The Environmental Protection (Duty of Care) (Scotland) Regulations 2014, 2014/4 The Hazardous Waste Regulations (Northern Ireland) 2005, 2005/300 The Landfill (Scotland) Amendment Regulations 2003, 2003/343 The Landfill (Amendment) Regulations (Northern Ireland) 2004, 2004/297 The Landfill (England and Wales) Regulations 2002, 2002/1559 The Landfill (Scotland) Regulations 2003, 2003/235 The Landfill (Scotland) Regulations 2003, 2003/208 The Environmental Permitting (England and Wales) Regulations 2016, 2016/1154 The Waste Management Licensing Regulations (Northern Ireland) 2003, 2003/493 The Controlled Waste (England and Wales) Regulations 2012, 2012/811 The Special Waste Amendment (Scotland) Regulations 2004, 2004/112 The Landfill (England and Wales) (Amendment) Regulations 2004, 2004/1375 The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015, 2015/85 The Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002, 2002/271 The Waste Management Licensing Amendment (Scotland) Regulations 2003, 2003/171 The Landfill Allowances Scheme (Wales) Regulations 2004, 2004/1490 The Landfill Allowances Scheme (Scotland) Regulations 2005, 2005/157 113 Commons Library Briefing, 18 January 2018
The Management of Extractive Waste (Scotland) Regulations 2010, 2010/60 The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010, 2010/64 The Landfill Allowances Scheme (Northern Ireland) Regulations 2004, 2004/416 The Landfill Regulations (Northern Ireland) 2003, 2003/496 The Waste (England and Wales) Regulations 2011, 2011/988 The Hazardous Waste (England and Wales)Regulations 2005, 2005/894 The Hazardous Waste (Wales) Regulations 2005, 2005/1806 The Waste Management Licensing Amendment (Scotland) Regulations 2006, 2006/541 The Waste Management Licensing (Scotland) Regulations 2011, 2011/228
2001/171/EC: Commission Decision The Packaging (Essential Requirements) of 19 February 2001 establishing the (Amendment) Regulations 2006, 2006/1492 conditions for a derogation for glass packaging in relation to the heavy The Packaging (Essential Requirements) metal concentration levels established Regulations 2015, 2015/1640 in Directive 94/62/EC on packaging The Packaging (Essential Requirements) and packaging waste (Text with EEA Regulations 2003, 2003/1941 relevance)
2001/744/EC: Commission Decision The Air Quality Limit Values (Amendment) of 17 October 2001 amending Annex Regulations (Northern Ireland) 2004, V to Council Directive 1999/30/EC 2004/514 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides The Air Quality Limit Values (Amendment) of nitrogen, particulate matter and (England) Regulations 2004, 2004/2888 lead in ambient air (Text with EEA The Air Quality Standards Regulations 2007, relevance) 2007/64 The Air Quality Standards Regulations (Northern Ireland) 2007, 2007/265 The Air Quality Limit Values Regulations 2003, 2003/2121 The Air Quality Limit Values (Amendment) Regulations 2002, 2002/3117 The Air Quality Standards (Scotland) Regulations 2007, 2007/182 The Air Quality Standards (Wales) Regulations 2007, 2007/717
2009/431/EC: Commission Decision The Nitrate Pollution Prevention Regulations of 29 May 2009 granting a 2015, 2015/668 derogation requested by the United The Nitrate Pollution Prevention (Wales) Kingdom of Great Britain and Northern Ireland with regard to (Amendment) Regulations 2010, 2010/489 England, Scotland and Wales The Action Programme for Nitrate pursuant to Council Directive Vulnerable Zones (Scotland) Amendment 91/676/EEC concerning the Regulations 2009, 2009/447 protection of waters against pollution 114 Legislating for Brexit: EU Decisions
caused by nitrates from agricultural sources
Food
EU measure UK implementing measure
2000/301/EC: Commission Decision The Food (Animal Products from Belgium) of 18 April 2000 repealing the (Emergency Control) (Scotland) Revocation protective measures with regard to Order 2000, 2000/159 contamination by dioxins of certain products of porcine and poultry Animal Feedingstuffs from Belgium (Control) origin intended for human or animal (Revocation) Regulations (Northern Ireland) 2000, 2000/233 consumption (Text with EEA relevance) Food (Animal Products from Belgium) (Emergency Control) (Revocation) Order (Northern Ireland) 2000, 2000/185 The Food (Animal Products from Belgium) (Emergency Control) (Revocation) (England and Wales) Order 2000, 2000/1232 The Animal Feedingstuffs from Belgium (Control) (Scotland) Revocation Regulations 2000, 2000/158 The Animal Feedingstuffs from Belgium (Control) (Revocation) (England and Wales) Regulations 2000, 2000/1233
2002/657/EC: Commission Decision Animals and Animal Products (Examination of 12 August 2002 implementing for Residues and Maximum Residue Limits) Council Directive 96/23/EC (Amendment) Regulations (Northern Ireland) concerning the performance of 2006, 2006/263 analytical methods and the interpretation of results (Text with The Animals and Animal Products EEA relevance) (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2006, 2006/755 The Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015, 2015/787 The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016, 2016/54
2002/840/EC: Commission Decision The Food Irradiation (Wales) Regulations of 23 October 2002 adopting the list 2009, 2009/1795 of approved facilities in third countries for the irradiation of foods The Food Irradiation (Scotland) Regulations (Text with EEA relevance) 2009, 2009/261 The Food Irradiation (England) Regulations 2009, 2009/1584 The Food Irradiation Regulations (Northern Ireland) 2009, 2009/258 The Food Irradiation (England) (Amendment) Regulations 2010, 2010/2312 The Food Irradiation (Wales) (Amendment) Regulations 2010, 2010/2289 115 Commons Library Briefing, 18 January 2018
The Food Irradiation (Amendment) Regulations (Northern Ireland) 2010, 2010/322 The Food Irradiation (Scotland) Amendment Regulations 2010, 2010/328
2004/691/EC: Commission Decision The Food Irradiation (Wales) Regulations of 7 October 2004 amending 2009, 2009/1795 Decision 2002/840/EC adopting the list of approved facilities in third The Food Irradiation (Scotland) Regulations countries for the irradiation of foods. 2009, 2009/261 Text with EEA relevance The Food Irradiation (England) Regulations 2009, 2009/1584 The Food Irradiation Regulations (Northern Ireland) 2009, 2009/258
2010/172/EU: Commission Decision The Food Irradiation (England) (Amendment) of 22 March 2010 amending Decision Regulations 2010, 2010/2312 2002/840/EC as regards the list of approved facilities in third countries The Food Irradiation (Wales) (Amendment) for the irradiation of foods (Text with Regulations 2010, 2010/2289 EEA relevance) The Food Irradiation (Amendment) Regulations (Northern Ireland) 2010, 2010/322 The Food Irradiation (Scotland) Amendment Regulations 2010, 2010/328
Intellectual property
EU measure UK implementing measure
90/541/EEC: Commission Decision of 1991/2237, The Design Right 26 October 1990 in accordance with (Semiconductor Topographies) (Amendment) Council Decision 90/511/EEC Regulations 1991 determining the countries to the companies or other legal persons of which legal protection of topographies of semi-conductor products is extended
Pensions
EU measure UK implementing measure
2009/703/EC: Commission Decision The Pension Protection Fund and of 11 February 2009 concerning the Occupational Pension Schemes State aid C 55/07 (ex NN 63/07, CP (Miscellaneous Amendments) Regulations 106/06) implemented by the United 2010, 2010/196 Kingdom of Great Britain and Northern Ireland — Crown guarantee to BT (Text with EEA relevance)
Sale of goods and consumer protection
EU measure UK implementing measure
96/335/EC: Commission Decision of 8 The Cosmetic Products (Safety) Regulations May 1996 establishing an inventory 1996, 1996/2925 and a common nomenclature of 116 Legislating for Brexit: EU Decisions
ingredients employed in cosmetic products (Text with EEA relevance)
Telecommunications and broadcasting
EU measure UK implementing measure
98/542/EC: Commission Decision of 4 1999/930, The Wireless Telegraphy September 1998 on a common (Exemption) Regulations 1999 technical regulation for telephony application requirements for public pan-European cellular digital land- based mobile communications, phase II (edition 2) (notified under document number C(1998) 2561) (Text with EEA relevance)
98/533/EC: Commission Decision of 3 1999/930, The Wireless Telegraphy September 1998 on a common (Exemption) Regulations 1999 technical Regulation for Satellite Personal Communications Networks (S- PCN) Mobile Earth Stations (MESs), including handheld earth stations, for S-PCN operating in the 1,6/2,4 GHz frequency bands under the Mobile Satellite Service (MSS) (notified under document number C(1998) 2375) (Text with EEA relevance)
Commission Decision of 9 July 1997 on 2003/74, The Wireless Telegraphy a common technical regulation for the (Exemption) Regulations 2003 general terminal attachment requirements for DECT The Wireless Telegraphy (Exemption) (Amendment) Regulations 2000, 2000/1012
97/525/EC: Commission Decision of 2003/74, The Wireless Telegraphy 9th July 1997 on a common technical (Exemption) Regulations 2003 regulation for the attachment requirements for DECT generic access profile (GAP)
2004/545/EC: Commission Decision of The Wireless Telegraphy (Automotive Short 8 July 2004 on the harmonisation of Range Radar) (Exemption) Regulations radio spectrum in the 79 GHz range 2005, 2005/353 for the use of automotive short-range radar equipment in the Community (notified under document number C(2004) 2591)(Text with EEA relevance)
2005/50/EC: Commission Decision of The Wireless Telegraphy (Automotive Short 17 January 2005 on the harmonisation Range Radar) (Exemption) (No. 2) of the 24 GHz range radio spectrum (Amendment) Regulations 2010, band for the time-limited use by 2010/1484 automotive short-range radar equipment in the Community. Text The Wireless Telegraphy (Automotive Short with EEA relevance Range Radar) (Exemption) (No. 2) (Amendment) Regulations 2008, 2008/237 The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) Regulations 2013, 2013/1437 117 Commons Library Briefing, 18 January 2018
EU measure UK implementing measure
The Wireless Telegraphy (Automotive Short Range Radar) (Exemption) (No. 2) Regulations 2005, 2005/1585
2005/513/EC: Commission Decision of The Wireless Telegraphy (Exemption) 11 July 2005 on the harmonised use of (Amendment) Regulations 2006, radio spectrum in the 5 GHz frequency 2006/2994 band for the implementation of wireless access systems including radio local area networks (WAS/RLANs) (Text with EEA relevance)
2005/928/EC: Commission Decision of The Wireless Telegraphy (Exemption) 20 December 2005 on the (Amendment) Regulations 2006, harmonisation of the 169,4-169,8125 2006/2994 MHz frequency band in the Community (Text with EEA relevance)
2006/771/EC: Commission Decision of The Wireless Telegraphy (Exemption) 9 November 2006 on harmonisation of (Amendment) Regulations 2006, the radio spectrum for use by short- 2006/2994 range devices (Text with EEA relevance)
2006/804/EC: Commission Decision of The Wireless Telegraphy (Radio Frequency 23 November 2006 on harmonisation Identification Equipment) (Exemption) of the radio spectrum for radio (Amendment) Regulations 2007, frequency identification (RFID) devices 2007/1282 operating in the ultra high frequency (UHF) band
2008/294/EC: Commission Decision of The Wireless Telegraphy (Mobile 7 April 2008 on harmonised conditions Communication Services on Aircraft) of spectrum use for the operation of (Exemption) Regulations 2008, 2008/2427 mobile communication services on aircraft (MCA services) in the The Wireless Telegraphy (Mobile Community (Text with EEA relevance) Communication Services on Aircraft) (Exemption) Regulations 2017, 2017/669
2008/411/EC: Commission Decision of The 3400–3800 MHz Frequency Band 21 May 2008 on the harmonisation of (Management) Regulations 2008, the 3400 - 3800 MHz frequency band 2008/2794 for terrestrial systems capable of providing electronic communications The 1452-1492 MHz and 3400-3800 MHz services in the Community (Text with Frequency Bands (Management) EEA relevance) Regulations 2016, 2016/495
2008/432/EC: Commission Decision of The Wireless Telegraphy (Exemption) 23 May 2008 amending Decision (Amendment) (No. 2) Regulations 2008, 2006/771/EC on harmonisation of the 2008/2426 radio spectrum for use by short-range devices (Text with EEA relevance)
Decision 626/2008/EC of the European The Authorisation of Frequency Use for the Parliament and of the Council of 30 Provision of Mobile Satellite Services June 2008 on the selection and (European Union) Regulations 2010, authorisation of systems providing 2010/672 mobile satellite services (MSS) (Text with EEA relevance) The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union)(Amendment) Regulations 2013, 2013/174 The Wireless Telegraphy (Mobile Satellite System Equipment) (Exemption) Regulations 2016, 2016/1074 118 Legislating for Brexit: EU Decisions
EU measure UK implementing measure
2008/671/EC: Commission Decision of The 5875-5905 MHz Frequency Band 5 August 2008 on the harmonised use (Management) Regulations 2009, 2009/11 of radio spectrum in the 5875 - 5905 MHz frequency band for safety-related applications of Intelligent Transport Systems (ITS) (Text with EEA relevance)
2009/343/EC: Commission Decision of The Wireless Telegraphy (Ultra-Wideband 21 April 2009 amending Decision Equipment) (Exemption) (Amendment) 2007/131/EC on allowing the use of Regulations 2010, 2010/2761 the radio spectrum for equipment using ultra-wideband technology in a The Wireless Telegraphy (Ultra-Wideband harmonised manner in the Community Equipment) (Exemption) Regulations 2009, (Text with EEA relevance ) 2009/2517
2009/381/EC: Commission Decision of The Wireless Telegraphy (Short Range 13 May 2009 amending Decision Devices) (Exemption) Regulations 2009, 2006/771/EC on harmonisation of the 2009/1812 radio spectrum for use by short-range devices (Text with EEA relevance ) The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2011, 2011/3035
2009/449/EC: Commission Decision of The Authorisation of Frequency Use for the 13 May 2009 on the selection of Provision of Mobile Satellite Services operators of pan-European systems (European Union) Regulations 2010, providing mobile satellite services 2010/672 (MSS) The Wireless Telegraphy (Mobile Satellite System Equipment) (Exemption) Regulations 2016, 2016/1074
2009/766/EC: Commission Decision of The Wireless Telegraphy Act 2006 16 October 2009 on the harmonisation (Directions to OFCOM) Order 2010, of the 900 MHz and 1800 MHz 2010/3024 frequency bands for terrestrial systems capable of providing pan-European The Wireless Telegraphy (Exemption) electronic communications services in (Amendment) Regulations 2011, the Community (Text with EEA 2011/2950 relevance)
2010/166/EU: Commission Decision of The Wireless Telegraphy (Mobile 19 March 2010 on harmonised Communication Services on Ships) conditions of use of radio spectrum for (Exemption) Regulations 2017, 2017/743 mobile communication services on board vessels (MCV services) in the European Union (Text with EEA relevance)
2010/368/EU: Commission Decision of The Wireless Telegraphy (Exemption and 30 June 2010 amending Decision Amendment) Regulations 2010, 2006/771/EC on harmonisation of the 2010/2512 radio spectrum for use by short-range devices (Text with EEA relevance)
2011/667/EU: Commission Decision of The Authorisation of Frequency Use for the 10 October 2011 on modalities for Provision of Mobile Satellite Services coordinated application of the rules on (European Union)(Amendment) Regulations enforcement with regard to mobile 2013, 2013/174 satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council. Text with EEA relevance
119 Commons Library Briefing, 18 January 2018
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