Regulatory News

Brexit-Changes to UK Regulations

Dec. 12 2020

Will EU Law be applicable to the UK post Brexit? 

As a result of Brexit, the United Kingdom will fully implement their exit from the European Union (EU) on 31 December 2020. As of 1 January 2021, legislation specific to the United Kingdom will replace EU legislation. 

The General Product Safety Regulations 2005 will be cited as the general product safety legislation instead of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety. 

Amendments to the United Kingdom’s general product safety legislation include The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 and The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 which detail the removal and replacement of EU references in the general product safety requirements.

The Packaging (Essential Requirements) Regulations 2015 will be cited as the packaging legislation instead of referencing European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste. Amendments to the United Kingdom’s packaging legislation include The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 which details the removal and replacement of EU references in the packaging requirements. 

The Persistent Organic Pollutants Regulations 2007 will be cited as the persistent organic pollutants legislation instead of Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants. Amendments to the United Kingdom’s persistent organic pollutants legislation include The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 which details the removal and replacement of EU references in these requirements. 

As of 1st January 2021 and the Brexit transition period will have ended, the following concept in UK law will Apply 'retained EU law': 

• Existing EU law which is not already on the UK statute book will be converted into UK legislation.
• Existing UK legislation which has been made since 1973 to implement EU obligations will remain.
• Some rights and powers contained in the EU Treaties will be preserved in UK law under certain circumstances 

Why do we need to retain EU Law?
Given there are several thousand EU regulations and many hundred EU directives, this would result in gaping holes in the UK statute book and in UK law. There simply wouldn't be 'the law' across many sectors. 

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