Legislating for Brexit: EU Decisions€¦ · 6 Legislating for Brexit: EU Decisions . Commission decisions on competition and state aid . Under Articles 106 and 108 TFEU the European

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BRIEFING PAPER

Number 8205, 18 January 2018

Legislating for Brexit: EU Decisions

By Vaughne Miller

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

2 Legislating for Brexit: EU Decisions

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 legislative acts in force

Directives Regulations Decisions & Framework Decisions

International Agreements/ treaties/arrangements; Protocols; Conventions; Exchange of Letters, MoU, common position

01 General, financial and institutional matters

1469 8 240 923 33

02 Customs Union and free movement of goods5

1143

7 526 128 113

03 Agriculture6 3069

142 924 1019 110

04 Fisheries 793 1 392 163 93

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 legislative acts in force

Directives Regulations Decisions & Framework Decisions

International Agreements/ treaties/arrangements; Protocols; Conventions; Exchange of Letters, MoU, common position

05 Freedom of movement for workers and social policy

675 76 92 320 4

06 Right of establishment and freedom to provide services

468 64 50 76 4

07 Transport policy 726

76 177 195 + 1 52

08 Competition policy 574

4 30 519 3

09 Taxation 193 29 12 66 7

10 Economic and monetary policy and free movement of capital

571 9 108 196 19

11 External relations 4293 4 650 1945 1210

12 381 15 63 99 37

13 Industrial policy and internal market

1527 239 376 478 15

14 Regional policy and coordination of structural instruments

360 2 64 235 0

15 Environment, consumers and health protection

2233 135 530 365 + 3 83

16 Science, information, education and culture

450 9 124 136 + 1 18

17 Law relating to undertakings

116 32 26 16 12

18 Common Foreign and Security Policy (CFSP)7

642 1 48 388 + 1 90 + 37 Joint Actions + 51 Common Positions

19 Area of freedom, security and justice (AFSJ)8

796 43 64 389 + 22 110 + 11 Joint Actions + 6 Common Positions

20 People's Europe 27 4 4 5 1 protocol

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 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 (EUW Bill) cuts off the source of European Union law in the UK by repealing the European Communities Act 1972 (ECA) and removing the competence of European Union institutions to legislate for the UK. It creates a new category of EU-derived domestic legislation for the UK: ‘retained EU law’, which will consist of all of the converted EU law and preserved EU-related domestic law which was in force up to the point the UK leaves the EU.43

Retained EU law EU law which is currently directly applicable or made effective under section 2(1) ECA will cease to be part of UK law on Brexit day, when the ECA is repealed under clause 1. This will include directly effective Treaty provisions, EU regulations, provisions of directives with direct effect and decisions of the EU institutions which are binding on their addressees.

The conversion of EU law (clause 3) and the preservation of existing EU-related domestic legislation that would otherwise be lost on repeal of the ECA (clause 2), is intended to provide legal continuity during and 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.

European Union (Withdrawal) Bill 2017-19 Clause 2 provides for domestic primary and secondary legislation that give effect to EU law obligations to be retained; this body of law is to be known as ‘EU-derived domestic legislation’. Clause 3 provides for the conversion of existing EU law that applies in the UK into domestic law; this body of law is to be known as ‘direct EU legislation’. Clause 4 saves rights and obligations in EU law that take effect through section 2(1) ECA and that are not converted by clause 3.

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 UK’s international obligations by preventing or remedying any breaches that might otherwise arise as a result of withdrawal.51 The Government says clause 8 is needed because clause 7 may not always provide the requisite power (clause 7 only covers failure of retained EU law to operate effectively, or deficiencies in retained EU law). The clause 8 power may have to be used when a breach of international obligations arises from withdrawing from the EU but there is no relevant deficiency in retained EU law.52 CFSP decisions on restrictive measures against third states or individuals are covered by the EUW Bill, but their amendment is not (see section 4.2). But many CFSP and common positions concerning the EU’s external relations and foreign policy will not be retained by the Bill. Some might raise concerns about the continuity of some of the UK’s external obligations which are based on EU agreements - in the area of arms export controls, for example (see Box 3, p.22). 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.

European Council guidelines for the Brexit negotiations, 29 April 2017: “… the European Council expects the United Kingdom to honour its share of all international commitments contracted in the context of its EU membership. In such instances, a constructive dialogue with the United Kingdom on a possible common approach towards third country partners, international organisations and conventions concerned should be engaged”.

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 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities

Administrative means

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

The Criminal Justice and Data Protection (Protocol No 36) (Amendment) Regulations 2014

Data Protection Act 1998

Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014/3141

The Criminal Justice and Data Protection (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 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings

Compliant through existing UK practice and current Crown Prosecution Service guidance.

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention

The Criminal Procedure Rules 2015,, 2015/1490

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) Regulations 2014, 2014/3191

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 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters

All consolidated versions: 02008F0977-20081230

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) Regulations 2014, 2014/3191

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014/3141

Digital Economy Act 2017, 2017 c. 30

Data Protection Act 1998, 1998 c. 29

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions

All consolidated versions: 02008F0947-20090328

The Criminal Justice (European Protection Order) (England and Wales) Regulations 2014, 2014/3300

The Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014, 2014/320

Criminal Justice and Licensing (Scotland) Act 2010, 2010 asp 13

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

All consolidated versions: 02008F0909-20090328

Repatriation of Prisoners Act 1984

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014/3141

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) Regulations 2014

Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime

The Proceeds of Crime Act 2002

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 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings

The Coroners and Justice Act 2009 (Commencement No. 13) Order 2013, 2013 No. 1104 (C. 47)

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 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law

UK opted out, but covered by Part 3 and 3A of Public Order Act 1986

Public Order (Northern Ireland) Order 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 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union

All consolidated versions: 02006F0960-20061230

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) Regulations 2014, 2014 No. 3191

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, 2014 No. 3141

Home Office Circular 30/2008

Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders

All consolidated versions: 02006F0783-20090328

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) Regulations 2014, 2014 No. 3191

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 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 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution

All consolidated versions: 02005F0667-20051001

The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties

Amended by Council Framework Decision 2009/299/JHA, on the application of the principle of mutual recognition to financial penalties

All consolidated versions: 02005F0214-20090328

The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No. 2) Order 2014, 2014 No. 336

The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009, 2009 No. 342

The Mutual Recognition of Criminal Financial Penalties in the European Union (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 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property

Proceeds of Crime Act 2002

s.143 of Powers of Criminal Courts (Sentencing) Act 2000

Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking

Misuse of Drugs Act 1971

Criminal Justice (International Cooperation) Act 1990

Proceeds of Crime Act 2002

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 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence

All consolidated versions: 02003F0577-2003080

The Crime (International Co-operation) Act 2003 (Commencement No. 5) Order 2009, 2009 No. 2605 (C. 112)

The Criminal Justice and Data Protection (Protocol No. 36) (Amendment) 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 2003/568/JHA of 22 July 2003 on combating corruption in the private sector

The Public Procurement (Miscellaneous Amendments) Regulations 2011, 2011 No. 2053

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 Decision of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence

Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Section 25 of Immigration Act 1971

Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams

The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

36 Legislating for Brexit: EU Decisions

EU Framework Decision UK implementing measure(s)

All consolidated versions: 02002F0465-20020620

Home Office circular 53/2002

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 Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Statements made by certain Member States on the adoption of the Framework Decision

All consolidated versions: 02002F0584-20020807 02002F0584-20090328

The Extradition Act 2003 (Amendment to Designations) Order 2007, 2007 No. 2238

Extradition Act 2003

Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Extradition etc.) 2004, 2004 No. 346

Anti-social Behaviour, Crime and Policing Act 2014

Police and Justice Act 2006

Policing and Crime Act 2009 Crime and Courts Act 2013

2001/500/JHA: Council Framework Decision of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime

All consolidated versions: 02001F0500-20010705

Proceeds of Crime Act 2002

Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005

Crime (International Co-operation) Act 2003

2001/413/JHA: Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment

All consolidated versions: 02001F0413-20010602

The False Monetary Instruments (Scotland) Order 2005

UK compliant before framework decision was agreed through provisions in Theft Act 1968, Forgery and Counterfeiting 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 listed in Schedule to UK measure

The Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2015

EU Council Decision 2014/386/CFSP of 23 June 2014 (as amended by EU Council Decision 2014/507/CFSP of 30 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)

The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) Order 2014

Council Decision 2013/182/CFSP of 22 April 2013 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya

The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013

Council Decision (CFSP) 2017/1838 of 10 October 2017 (amending Council Decision (CFSP) 2016/849)

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2017

Council Decision (CFSP) 2017/666 of 6 April 2017 (amending Council Decision 2016/849/CFSP) concerning restrictive measures against the Democratic People's Republic of Korea

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2017

Council Decision 2014/659/CFSP of 8 September 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) (Amendment) Order 2014

Council Decision (CFSP) 2017/1562 of 14 September 2017 (amending Council Decision (CFSP) 2016/849)

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

Council Decision (CFSP) 2017/1512 of 30 August 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) (No. 2) Regulations 2017 (implement the regulation made with the decision)

Council Decision (CFSP) 2015/1782 of 5 October 2015 repealing Common 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

The Liberia (Sanctions) (Overseas Territories) Order 2015

Council Decision (CFSP) 2017/1562 of 14 September 2017 (amending Council Decision (CFSP) 2016/849)

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2016

Council Decision (CFSP) 2015/1782 of 5 October 2015 repealing Common

The Liberia (Sanctions) (Overseas 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 September 2017 (amending Council Decision (CFSP) 2016/849)

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

Council Decision 2014/872/CFSP of 4 December 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, and Decision 2014/659/CFSP amending Decision 2014/512/CFSP

The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) (Amendment) Order 2015

Council Decision (CFSP) 2017/345 of 27 February 2017 amending Council Decision 2016/849/CFSP

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017

Council Decision 2014/98/CFSP of 17 February 2014 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

The Zimbabwe (Sanctions) (Overseas Territories) (Amendment and Revocation) Order 2015

Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP

The ISIL (Da’esh) and Al-Qaida (Sanctions) (Overseas Territories) Order 2016

Council Decision (CFSP) 2015/1336 of 31 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

The Iran (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2015

The Export Control (Iran) Order 2011

Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

The Iran (Sanctions) (Overseas Territories) Order 2016

The Iran (European Community Financial Sanctions) (Amendment) Regulations 2010

Council Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria. Amended by Decision 2016/850 of 27 May 2016

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2015

2013/255/CFSP: Council Decision 2013/255/CFSP of 31 May 2013 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.

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2014

45 Commons Library Briefing, 18 January 2018

CFSP decision UK implementing measure

Council Decision 2014/450/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Decision 2011/423/CFSP

The Sudan (Sanctions) (Overseas Territories) Order 2014

Council Decision (CFSP) 2015/620 of 20 April 2015 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

The Democratic Republic of the Congo (Sanctions) (Overseas Territories) Order 2015

Council Decision 2014/125/CFSP of 10 March 2014 amending Decision 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

The Central African Republic (Sanctions) (Overseas Territories) Order 2014

Council Decision (CFSP) 2016/220 of 15 February 2016 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

The Zimbabwe (Sanctions) (Overseas Territories) Order 2012

Council Decision (CFSP) 2016/1341 of 4 August 2016 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2016

Council Decision (CFSP) 2015/739 of 7 May 2015 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

The Central African Republic (Sanctions) (Overseas Territories) (Amendment) Order 2015

Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP

The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2013

Council Decision (CFSP) 2015/740 of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP

The South Sudan (Sanctions) (Overseas Territories) (Amendment) Order 2015

Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

The Ukraine (Sanctions) (Overseas Territories) (No. 2) Order 2014

Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

The Ukraine (Sanctions) (Overseas Territories) (No. 3) Order 2014

Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in

The Burundi (Sanctions) (Overseas Territories) Order 2015

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 May 2012 concerning restrictive 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

The Guinea-Bissau (Sanctions) (Overseas Territories) Order 2012

Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen

The Yemen (Sanctions) (Overseas Territories) (No.2) Order 2015

Council Decision 2014/484/CFSP of 22 July 2014 amending Common Position 2003/495/CFSP on Iraq

The Iraq (Sanctions) (Overseas Territories) Order 2015

Council Decision 2014/213/CFSP of 14 April 2014 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

The Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 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 December 2002 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); as amended by 2003/403/EC: Council Decision of 26 May 2003

The Seed Marketing Regulations (Northern Ireland) 2016 The Seed Marketing (Wales) (Amendment) Regulations 2013 The Seed Marketing (Wales) Regulations 2012 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 May 2003 amending Decision 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)

The Beet Seed (Scotland) (No. 2) Regulations 2010

2005/834/EC: Council Decision of 8 November 2005 on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC

The Beet Seed (Scotland) (No. 2) Regulations 2010 The Beet Seed (Scotland) Regulations 2010 The Seeds (National Lists of Varieties) (Amendment) Regulations 2007

2008/971/EC: Council Decision of 16 December 2008 on the equivalence of forest reproductive material produced in third countries

The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014

2014/335/EU, Euratom: Council Decision of 26 May 2014 on the system of own resources of the European Union

The Common Agricultural Policy (Protection of Community Arrangements) (Amendment) Regulations 2001

48 Legislating for Brexit: EU Decisions

Agriculture and fisheries UK implementing measure(s)

Decision No 1104/2012/EU of the European Parliament and of the Council of 21 November 2012 amending Council 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

The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014

Animals

Council or Council/EP decision UK implementing measure(s)

90/258/EEC: Commission Decision of 10 May 1990 laying down the zootechnical certificates for pure-bred breeding sheep and goats, their semen, ova and embryos

The Zootechnical Standards Regulations 1992

87/231/CEE: Council Decision of 7 April 1987 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to swine fever

The Animals and Animal Products (Import and Export) Regulations 1992 The Animals and Animal Products (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 October 1998 amending Council Decisions 79/542/EEC, 92/260/EEC, 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)

The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000

92/438/EEC: Council Decision of 13 July 1992 on computerization of veterinary import procedures (Shift project), amending Directives 90/675/EEC, 91/496/EEC, 91/628/EEC and Decision

The Products of Animal Origin (Import and Export) Regulations 1992 The Animals and Animal Products (Import and Export) (Amendment) Regulations 1993

49 Commons Library Briefing, 18 January 2018

Council or Council/EP decision UK implementing measure(s)

90/424/EEC, and repealing Decision 88/192/EEC

The Animals and Animal Products (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 1998 amending Decisions 95/409/EC, 95/410/EC and 95/411/EC concerning the methods to be used for microbiological testing to be undertaken on meat intended for Finland and Sweden

The Animals and Animal Products (Import and Export) (England) Regulations 2005 The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005 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 1993 concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation

The Licensing of Air Carriers (Third Amendment and other Provisions) Regulations 1994 The Access for Community Air Carriers to Intra-Community Air Routes (Second 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 Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation

The EC/Swiss Air Transport Agreement (Consequential Amendments) Regulations 2004

Budget

Council or Council/EP decision UK implementing measure(s)

2014/335/EU, Euratom: Council Decision of 26 May 2014 on the system of own resources of the European Union

European Union (Finance) Act 2015

Consumer protection

Council or Council/EP decision EU implementing measure(s)

Decision No.768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products

The Merchant Shipping (Marine Equipment) Regulations 2016 The Recreational Craft Regulations 2017 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 November 1990 on the conclusion of the 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

The Value Added Tax (General) (Amendment) (No. 2) Regulations 1991

Decision No 1152/2003/EC of the European Parliament and of the Council of 16 June 2003 on computerising the movement and surveillance of excisable products

The Excise Goods (Holding, Movement and Duty Point) Regulations 2010

2006/659/EC: Council Decision of 25 September 2006 authorising the United 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

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2008

2006/659/EC: Council Decision of 25 September 2006 authorising the United 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

The Value Added Tax (Flat-rate Valuation of Supplies of Fuel for Private Use) Order 2013 The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2013

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 European Parliament and of the Council 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

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014

2003/33/EC: Council Decision of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC

The Environmental Permitting (England and Wales) Regulations 2016 The Environmental Permitting (England and Wales) (Amendment) (No. 2) 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 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

Climate Change (Scotland) Act 2009

Decision No 377/2013/EU of the European Parliament and of the Council 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

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 The Greenhouse Gas Emissions Trading Scheme Regulations 2012 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 2001 amending Commission Decision 2000/532/EC as regards the list of wastes

The List of Wastes (England) Regulations 2005 The List of Wastes Regulations (Northern Ireland) 2005 The List of Wastes (Wales) Regulations 2005

2002/762/EC: Council Decision of 19 September 2002 authorising the 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)

The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006

2004/232/EC: Commission Decision of 3 March 2004 amending Regulation (EC) No 2037/2000 of the European Parliament and of the Council with regard to the use of halon 2402 (notified under document number C(2004) 639)

The Ozone Depleting Substances (Qualifications) Regulations 2006 The Ozone Depleting Substances (Qualifications) Regulations (Northern Ireland) 2006

2004/246/EC: Council Decision of 2 March 2004 authorising the Member States to sign, ratify or accede to, in the 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

The Merchant Shipping (Oil Pollution) (Supplementary Fund Protocol) Order 2006

2002/358/EC: Council Decision of 25 April 2002 concerning the approval, on 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

The Carbon Accounting Regulations 2009

97/101/EC: Council Decision of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States

The Air Quality Standards Regulations 2010 The Air Quality Standards (Scotland) Regulations 2010 The Air Quality Standards (Scotland) 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 October 2006 on Community strategic guidelines on cohesion

Biomass Processing Challenge Fund (Amendment) Regulations (Northern 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, Euratom, as amended by 2002/772/EC,Euratom: Council Decision of 25 June 2002 and 23 September 2002 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

The European Parliamentary Elections Regulations 2004 The European Parliamentary Elections (Northern Ireland) Regulations 2004 The European Parliamentary Elections (Common Electoral Principles) Regulations 2004 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 of 14 June 2013 fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage 2013/2063

The European Parliamentary Elections (Appointed Day of Poll) Order 2013

2002/772/EC, Euratom: Council Decision of 25 June 2002 and 23 September 2002 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

The European Parliament (House of Lords Disqualification) Regulations 2008

2013/299/EU, Euratom: Council Decision of 14 June 2013 fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage

The European Parliamentary Elections (Appointed Day of Poll) Order 2013

Food

Council or Council/EP decision UK implementing measure(s)

94/184/EC: Council Decision of 24 January 1994 concerning the conclusion of an Agreement between the European Community and Australia on trade in wine

The Common Agricultural Policy (Wine) Regulations 1995 The Common Agricultural Policy (Wine) (England and Northern Ireland) 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 December 1992 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America and certain territories

The Design Right (Semiconductor Topographies) (Amendment) Regulations 1993

94/824/EC: Council Decision of 22 December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a Member of the World Trade Organization

The Design Right (Semiconductor Topographies) (Amendment) (No.2) Regulations 2008 The Design Right (Semiconductor Topographies) (Amendment) Regulations 2006

2000/278/EC: Council Decision of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty

The Copyright and Performances (Application to Other Countries) Order 2008

Justice and Home Affairs

Council or Council/EP decision UK implementing measure(s)

Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)

Policing and Crime Act 2009 Extradition Act 2003

Decision 2000/820/JHA amended by Council Decision 2004/566/JHA of 26 July 2004 establishing a European Police College (CEPOL), as amended by Decision 2004/566/JHA and Decision 2004/567/JHA of the Council

The International Organisations (Immunities and Privileges) (Scotland) Order 2009 The European Police College (Immunities and Privileges) Order 2004

55 Commons Library Briefing, 18 January 2018

Council or Council/EP decision UK implementing measure(s)

Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network

Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (European Protection Orders) 2015

Procurement

Council or Council/EP decision UK implementation measure(s)

2014/115/EU: Council Decision of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement

The Utilities Contracts (Scotland) Regulations 2016

Telecommunications and broadcasting

Council or Council/EP decision UK implementing measure(s)

Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (Text with EEA relevance)

The Wireless Telegraphy (Mobile Satellite System Equipment) (Exemption) Regulations 2016 The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (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 concluding the Agreement on the International carriage of passengers by road by means of occasional coach and bus services (ASOR), signed in Dublin on 26 May 1982

The Road Transport (International Passenger Services) Regulations 1984

Trade and Industry; sanctions

EU measure UK implementing measure

Council and Commission Decision 86/125/EEC/ECSC of 24 March 1986 on the conclusion of the Third ACP-EEC Convention

1987/2184, The Customs Duties (ECSC) Order 1987 1992/792, The Customs Duties (ECSC) (Amendment No. 7) Order 1992

Council Decision of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community

1987/2184, The Customs Duties (ECSC) Order 1987 1992/792, The Customs Duties (ECSC) (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 8 September 1988 amending Decision 87/309/EEC authorizing the indelible printing of prescribed information on packages of seed of certain fodder plant species

1989/1312, The Fodder Plant Seeds (Amendment) Regulations 1989

91/25/EEC: Commission Decision of 18 December 1990 altering the limits of the less-favoured areas in the United Kingdom within the meaning of Council Directive 75/268/EEC (Only the English text is authentic)

1991/1630, The Farm and Conservation Grant Regulations 1991

1991/1338, The Farm and Conservation Grant (Variation) Scheme 1991

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 29 July 1991 concerning the guidelines for classification referred to in Article 4 of Directive 90/219/EEC

1992/3217, The Genetically Modified Organisms (Contained Use) Regulations 1992

57 Commons Library Briefing, 18 January 2018

EU Commission decision UK implementing measure

92/147EEC: Commission Decision of 17 February 1992 amending Decisions 91/146/EEC, 91/281/EEC and 91/282/EEC concerning importations of fishery and aquaculture products from Peru, Ecuador and Colombia

1992/2364, The Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1992

93/444/EEC: Commission Decision of 2 July 1993 on detailed rules governing intra-Community trade in certain live animals and products intended for exportation to third countries

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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

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 25 May 1994 laying down detailed rules for the application of Council Directive 90/425/EEC as regards the taking of samples for the purpose of veterinary inspections at the place of destination

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

1994/1716, The Rabies (Importation of Dogs, Cats and Other Mammals) (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 25 May 1994 laying down detailed rules for the application of Article 9.1 of Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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

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 December 1995 amending Decisions 93/387/EEC, 93/436/EEC, 93/437/EEC, 93/494/EEC, 93/495/EEC, 94/198/EC, 94/200/EC, 94/269/EC, 94/323/EC, 94/324/EC, 94/325/EC, 94/448/EC, 94/766/EC, 94/777/EC and 94/778/EC setting specific requirements applying to importation of fishery and aquaculture products originating in certain third countries (Text with EEA relevance)

1996/264: Food Safety (Fishery Products and Live Bivalve Molluscs and Other Shellfish) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

2003/215, Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2003

2002/3206, The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002 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 24 January 1997 authorizing the indelible printing of prescribed information on packages of seed of oil and fibre plants and amending Decision 87/309/EEC authorizing the indelible printing of prescribed information on packages of certain fodder plant species

1997/240, Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 1997

1997/616, The Seeds (Miscellaneous Amendments) Regulations 1997

97/182/EC: Commission Decision of 24 February 1997 amending the Annex to Directive 91/629/EEC laying down minimum standards for the protection of calves (Text with EEA relevance)

1998/1709, The Welfare of Livestock (Amendment) Regulations 1998

1998/251, Welfare of Livestock (Amendment) Regulations (Northern Ireland) 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 11 April 1997 amending Decisions 95/160/EC, 95/161/EC and 95/168/EC concerning the methods to be used for microbiological testing (Text with EEA relevance)

2005/446, The Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 2005

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

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 12 November 1997 laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries (Text with EEA relevance)

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

98/294/EC: Commission Decision of 22 April 1998 concerning the placing on the market of genetically modified maize (Zea mays L. line MON 810), pursuant to Council Directive 90/220/EEC (Text with EEA relevance)

2001/3510, The Seeds (National Lists of Varieties) Regulations 2001

98/360/EC: Commission Decision of 15 May 1998 amending Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC 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)

2000/1673, The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (revoked)

98/418/EC: Commission Decision of 30 June 1998 repealing Decision 98/84/EC on protective measures with regard to fishery products from

2002/1227, The Products of Animal Origin (Third Country Imports) (England) Regulations 2002

63 Commons Library Briefing, 18 January 2018

EU Commission decision UK implementing measure

or originating in Uganda, Kenya, Tanzania and Mozambique and amending the health certification for fishery products originating or proceeding from Uganda, Kenya and Mozambique (notified under document number C(1998) 1848) (Text with EEA relevance)

2002/340, Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2002

2002/1387 (W. 136), The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2002

2002/445, The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002

98/567/EC: Commission Decision of 6 October 1998 amending Decision 93/195/EEC on animal health 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)

2000/1673, The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (revoked)

98/621/EC: Commission Decision of 27 October 1998 amending for the third time Decision 95/109/EC, 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)

2000/1673, The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (revoked)

1999/541/EC: Commission Decision of 26 July 1999 concerning the importation of sheep and goats from Bulgaria and amending Commission Decision 97/232/EC (notified under document number C(1999) 2433) (Text with EEA relevance)

2000/1673, The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (revoked)

2000/127/EC: Commission Decision of 31 January 2000 amending Commission Decision 1999/253/EC 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)

2002/1227, The Products of Animal Origin (Third Country Imports) (England) Regulations 2002

74/360/EEC: Commission decision exempting UK from applying directive 69/208 to certain species the Council Directive of 30 June 1969 on the marketing of seed of oil and fibre plants. Amended by Commission Decision 2003/234/EC

2004/2949, The Seeds (National Lists of Varieties) (Amendment) Regulations 2004

2003/3101, The Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003

2004/236, Oil and Fibre Plant Seeds (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 of 18 April 2000 repealing the protective measures with regard to contamination by dioxins of certain products of porcine and poultry origin intended for human or animal consumption (notified under document number C(2000) 1034) (Text with EEA relevance)

2000/1232, The Food (Animal Products from Belgium) (Emergency Control) (Revocation) (England and Wales) Order 2000

2000/1233, The Animal Feedingstuffs from Belgium (Control) (Revocation) (England and Wales) Regulations 2000

2002/757/EC: Commission Decision of 19 September 2002 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.

2016/1167, The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2016

2004/3213, The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

2006/1344, The Plant Health (Phytophthora ramorum) (Wales) Order 2006

2002/840/EC: Commission Decision of 23 October 2002 adopting the list of approved facilities in third countries for the irradiation of foods (Text with EEA relevance) (notified under document number C(2002) 3994)

2009/1584, The Food Irradiation (England) Regulations 2009

2009/1795, The Food Irradiation (Wales) Regulations 2009

2003/234/EC: Commission Decision of 2 April 2003 amending Decision 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

2004/2949, The Seeds (National Lists of Varieties) (Amendment) Regulations 2004

2003/881/EC: Commission Decision of 11 December 2003 concerning the animal health and certification conditions for imports of bees (Apis mellifera and Bombus spp.) from certain third countries and repealing Decision 2000/462/EC (Text with EEA relevance)

2006/342, The Bee Diseases and Pests Control (England) Order 2006

2006/1710, The Bee Diseases and Pests Control (Wales) Order 2006

2005/60/EC: Commission Decision of 20 January 2005 amending Commission Decision 2003/881/EC concerning the animal health and certification conditions for importation of bees (Apis mellifera & Bombus spp.) from certain third countries as regards the United States of America (notified under document number C(2004) 5567)Text with EEA relevance

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

2006/401, The Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2006

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 of 17 March 2004 authorising the indelible printing of prescribed information on packages of seed of fodder plants (Text with EEA relevance)

2004/2387, The Fodder Plant Seed (England) (Amendment) Regulations 2004

2004/278/EC: Commission Decision of 10 February 2004 on the Community position on the amendment of the Appendices to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

2004/2590, The Plant Health (Phytophthora ramorum) (England) Order 2004

2004/3213, The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

2005/2517, The Plant Health (Forestry) Order 2005

2006/1344, The Plant Health (Phytophthora ramorum) (Wales) Order 2006

2004/371/EC: Commission Decision of 20 April 2004 on conditions for the placing on the market of seed mixtures intended for use as fodder plants (Text with EEA relevance)

2004/2390, The Seed (Registration, Licensing and Enforcement) (England) (Amendment) Regulations 2004

2004/2387, The Fodder Plant Seed (England) (Amendment) Regulations 2004

2005/1207, The Fodder Plant Seed (Wales) Regulations 2005

2004/416/EC: Commission Decision of 29 April 2004 on temporary emergency measures in respect of certain citrus fruits originating in Argentina or Brazil

2007/3305, The Plant Health (Wales) (Amendment) (No. 2) Order 2007

2008/205, The Plant Health (Amendment) 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 of 29 April 2004 amending Decision 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. (OJ L 154, 30.4.2004) (Corrigendum)

2004/2590, The Plant Health (Phytophthora ramorum) (England) Order 2004

2004/3213, The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004

2006/1344, The Plant Health (Phytophthora ramorum) (Wales) Order 2006

2004/691/EC: Commission Decision of 7 October 2004 amending Decision 2002/840/EC adopting the list of approved facilities in third countries for the irradiation of foods. Text with EEA relevance

2009/1584, The Food Irradiation (England) Regulations 2009

2009/1795, The Food Irradiation (Wales) Regulations 2009

2004/842/EC: Commission Decision of 1 December 2004 concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to 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

2006/1161, The Seed Potatoes (England) Regulations 2006

2006/2929, The Seed Potatoes (Wales) Regulations 2006

2005/260/EC: Decision No 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 1 March 2005 concerning the amendments to the Appendices to Annex 4

2005/2517, The Plant Health (Forestry) Order 2005

2005/2530, The Plant Health (England) Order 2005

2006/1643, The Plant Health (Wales) Order 2006

2006/473/EC: Commission Decision of 5 July 2006 recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)

2006/435, The Plant Health (Amendment No. 2) Order (Northern Ireland) 2006

2006/474, The Plant Health (Scotland) Amendment Order 2006

2007/2716, The Plant Health (Wales) (Amendment) Order 2007

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 of 7 March 2007 repealing Decision 2005/317/EC on emergency measures regarding the non-authorised genetically modified organism Bt10 in maize products (Text with EEA relevance )

2007/3007, The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) (Revocation) Regulations 2007

2007/3173, The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (Wales) (Revocation) Regulations 2007

2007/201/EC: Commission Decision of 27 March 2007 amending Decision 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.

2007/2715, The Plant Health (Phytophthora ramorum) (Wales) (Amendment) Order 2007

2007/321/EC: Commission Decision of 2 May 2007 releasing the United Kingdom from certain obligations for the marketing of vegetable seed under Council Directive 2002/55/EC

2007/1871, The Seeds (National Lists of Varieties) (Amendment) Regulations 2007

2007/2747, The Seed (Miscellaneous Amendments) (Wales) Regulations 2007

2008/114, Seeds (Miscellaneous Amendments) Regulations (Northern Ireland) 2008

2007/365/EC: Commission Decision of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier)

2007/2950, The Plant Health (England) (Amendment) (No. 2) Order 2007 (revoked)

2007/3305, The Plant Health (Wales) (Amendment) (No. 2) Order 2007

2007/410/EC: Commission Decision of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid

2007/2950, The Plant Health (England) (Amendment) (No. 2) Order 2007

2007/3305, The Plant Health (Wales) (Amendment) (No. 2) Order 2007

2007/433/EC: Commission Decision of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell

2007/3305, The Plant Health (Wales) (Amendment) (No. 2) Order 2007

2008/205, The Plant Health (Amendment) Order (Northern Ireland) 2008

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 of 4 December 2007 amending Decision 2002/840/EC as regards the list of approved facilities in third countries for the irradiation of foods (Text with EEA relevance )

2009/1584, The Food Irradiation (England) Regulations 2009

2009/1795, The Food Irradiation (Wales) Regulations 2009

2010/172: Commission Decision of 22 March 2010 amending Decision 2002/840/EC as regards the list of approved facilities in third countries for the irradiation of foods (Text with EEA relevance)

2010/2312, The Food Irradiation (England) (Amendment) Regulations 2010

2010/2289, The Food Irradiation (Wales) (Amendment) Regulations

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 the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 13 December 2010 concerning the amendments to the Appendices to Annex 4

2012/697, The Plant Health (Miscellaneous Amendments) (England) Regulations 2012

2012/241, The Plant Health (Amendment No.2) Order (Northern Ireland) 2012

2014/1463, The Plant Health (Miscellaneous Amendments) (Wales) Regulations 2014

2012/266, The Plant Health (Scotland) Amendment Order 2012

2011/180/EU: Commission Decision of 23 March 2011 implementing Council Directive 2002/55/EC as regards conditions under which the placing on the market of small packages of mixtures of standard seed of different vegetable varieties belonging to the same species may be authorised. Text with EEA relevance

2011/2992, The Seed Marketing (Amendment) Regulations 2011

2012/245, The Seed Marketing (Wales) Regulations 2012

Animals

EU Commission decision UK Statutory Instrument

90/208/EEC: Commission Decision of 18 April 1990 concerning certain protection measures relating to contagious bovine pleuropneumonia in Spain

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

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 19 July 1984 laying down the criteria for entering cattle in herd-books

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

The Cattle Compensation (England) Order 2012, 2012/1379

88/478/EEC Commission Decision of 22 July 1988 amending Decision 88/234/EEC authorizing methods for grading pig carcases in the United Kingdom (Only the English text is authentic)

1989/644, The Pig Carcase (Grading) (Amendment) Regulations 1989

The Pig Carcase (Grading) Regulations 1994, 1994/2155

The Pig Carcase (Grading) (Amendment) (Wales) Regulations 2004, 2004/106

The Pig Carcase (Grading) Regulations 1994, 1994/2155

89/504/EEC: Commission Decision of 18 July 1989 laying down the criteria for approval and supervision of breeders' associations, breeding organizations and private undertakings which establish or maintain registers for hybrid breeding pigs

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

89/162/EEC: Commission Decision of 10 February 1989 supplementing the Annexes to Council Directive 82/894/EEC on the notification of animal diseases within the Community

The Specified Diseases (Notification) Order 1991, 1991/1155

The Animal By-Products (Amendment) Order 1997, 1997/2894

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 18 July 1989 laying down the criteria for approval and supervision of breeders' associations and breeding organizations which establish or maintain herd-books for pure-bred breeding pigs

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

89/502/EEC: Commission Decision of 18 July 1989 laying down the criteria governing entry in herd-books for pure-bred breeding pigs

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

89/503/EEC: Commission Decision of 18 July 1989 laying down the certificate of pure-bred breeding pigs, their semen, ova and embryos

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 (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 18 July 1989 laying down the criteria governing entry in registers for hybrid breeding pigs

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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 18 July 1989 laying down the certificate of hybrid breeding pigs, their semen, ova and embryos

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) 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 18 July 1989 laying down methods for monitoring performance and assessing the genetic value of pure-bred and hybrid breeding pigs

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

92/526/EEC: Commission Decision of 4 November 1992 amending Decision 92/325/EEC concerning animal health conditions and veterinary certificates for the importation of domestic animals of the bovine and porcine species from Bulgaria

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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

90/254/EEC: Commission Decision of 10 May 1990 laying down the criteria for approval of breeders' organizations and associations which

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

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establish or maintain flock-books for pure-bred breeding sheep and goats

90/258/EEC: Commission Decision of 10 May 1990 laying down the zootechnical certificates for pure-bred breeding sheep and goats, their semen, ova and embryos

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

91/52/EEC: Commission Decision of 14 January 1991 concerning certain protection measures relating to contagious bovine pleuropneumonia in Portugal

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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

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The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194

94/113/EC: Commission Decision of 8 February 1994 amending Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (Text with EEA relevance)

The Bovine Embryo (Collection, Production and Transfer) Regulations 1995, 1995/2478

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 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

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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 10 May 1990 laying down the criteria governing entry in flock-books for pure-bred breeding sheep and goats

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

90/256/EEC: Commission Decision of 10 May 1990 laying down methods for monitoring performance and assessing the genetic value of pure-bred breeding sheep and goats

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

90/257/EEC: Commission Decision of 10 May 1990 laying down the criteria for the acceptance for breeding purposes of pure-bred breeding sheep and goats and the use of their semen, ova or embryos

The Zootechnical Standards (England) Regulations 2012, 2012/2665

The Zootechnical Standards (Wales) Regulations 2015, 2015/1686

92/340/EEC: Commission Decision of 2 June 1992 on testing of poultry for Newcastle Disease prior to movement, in application of Article 12 of Council Directive 90/539/EEC

The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2005, 2005/502

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

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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 11 June 1992 laying down the criteria for the approval or recognition of organizations and associations which maintain or establish stud-books for registered equidae

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

The Horses (Zootechnical Standards) (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

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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 11 June 1992 laying down certain rules to ensure coordination between organizations and associations which maintain or establish stud-books for registered equidae

The Horses (Zootechnical Standards) Regulations 1992, 1992/3045

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

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

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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 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses

The Trade in Animals and Related Products (Scotland) Regulations 2012, 2012/177

The Animals and Animal Products (Import 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

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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

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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 of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC.

1992/3300, The Fish Health Regulations 1992

93/100/EEC: Commission Decision of 19 January 1993 amending Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, and equidae, fresh meat and meat products and repealing Decisions 89/15/EEC and 90/135/EEC

The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111

The Animals and Animal Products (Import and Export) (Amendment) Regulations 1993, 1993/1967

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

93/195/EEC: Commission Decision of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export

The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2009, 2009/227

The Products of Animal Origin (Third 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

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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 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production

The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111

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

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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 17 May 1993 amending Council Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC and 93/197/EEC with regard to the animal health conditions for the importation, temporary admission and re-entry of registered horses from Qatar, and further amending Decision 79/542/EEC

The Animals and Animal Products (Import and Export) Regulations 1995, 1995/2428

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) 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

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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 18 February 1994 amending Council Directive 91/68/EEC as regards the formulation of the health certificates

1995/2428, The Animals and Animal Products (Import and Export) Regulations 1995

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 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease

The Animals and Animal Products (Import and Export) Regulations 1995, 1995/ 2428

The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996, 1996/1111

The Bovine Embryo (Collection, Production 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

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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 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter

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

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

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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 21 September 1993 amending Commission Decision 93/197/EEC on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production

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

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 January 1994 concerning the animal health condition and veterinary certification for the importation of meat products from Bahrain and

Fresh Meat (Import Conditions) Regulations (Northern Ireland) 1997, 1997/218

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amending Council Decision 79/542/EEC and Commission Decision 91/449/EEC (Text with EEA relevance)

2003/215, Products of Animal Origin (Third Country Imports) (Amendment) Regulations (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 October 1994 concerning the importation into the Community of fresh pigmeat, pigmeat products, live pigs and porcine embryos from Hungary and amending Decisions 82/8/EEC, 91/449/EEC and 92/322/EEC (Text with EEA relevance)

1995/ 2428, The Animals and Animal Products (Import and Export) Regulations 1995

1996/1111, The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996

Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87

93/682/EC: Commission Decision of 17 December 1993 amending for the third time Decision 93/197/EEC on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production

1995/ 2428, The Animals and Animal Products (Import and Export) Regulations 1995

94/113/EC: Commission Decision of 8 February 1994 amending Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of

The Bovine Embryo (Collection, Production and Transfer) Regulations 1995, 1995/2478

1996/1111, The Animals and Animal Products (Import and Export) (Amendment) Regulations 1996

88 Legislating for Brexit: EU Decisions

EU Commission decision UK Statutory Instrument

domestic animals of the bovine species (Text with EEA relevance)

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 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 25 May 1994 laying down detailed rules for the application of Council Directive 90/425/EEC as regards the taking of samples for the purpose of veterinary inspections at the place of destination

1994/1716, The Rabies (Importation of Dogs, Cats and Other Mammals) (Amendment) Order 1994

Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern 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 27 July 1994 amending Council Decisions 79/542/EEC, 92/260/EEC, 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 Macau, Malaysia (peninsula) and Singapore

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

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 29 June 1994 amending or repealing some detailed rules concerning the 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)

2000/1673, The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (revoked)

94/722/EC: Commission Decision of 25 October 1994 approving the programme concerning bonamiosis and marteiliosis submitted by France (Only the French text is authentic)

The Fish Health Amendment (Scotland) Regulations 2001, 2001/409

Animals and Animal Products (Import and 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 March 1995 amending Decision 93/195/EEC on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export

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

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 April 1995 amending Annexes C and D of Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC

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

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 25 July 1995 amending Council Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC with regard to the animal health conditions and veterinary certification for the temporary admission and re-entry of registered horses and imports into the Community of equidae for slaughter, registered equidae and equidae for breeding and production from Morocco

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

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

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The Animals and Animal Products (Import and Export) (Scotland) Regulations 2007, 2007/194

95/323/EC: Commission Decision of 25 July 1995 amending Council Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC and 93/197/EEC with regard to the animal health conditions for the temporary admission, re-entry and imports into the Community of registered horses from Syria

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

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 25 July 1995 defining the categories of male equidae to which the requirement regarding viral arteritis laid down in Article 15 (b) (ii) of Council Directive 90/426/EEC applies

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

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

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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 December 1995 amending Commission Decisions 92/160/EEC and 93/197/EEC in relation to the regionalization of Egypt for the imports of registered horses (Text with EEA relevance)

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

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 June 1995 laying down the rules for the microbiological testing by sampling in the establishment of origin of poultry for slaughter intended for Finland and Sweden

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 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 January 1996 laying down the criteria for entry and registration of equidae in stud-books for breeding purposes (Text with EEA relevance)

The Horses (Zootechnical Standards) (England) Regulations 2006, 2006/1757

The Horses (Zootechnical Standards) (Wales) 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 January 1996 laying down the zootechnical certificates of semen, ova and embryos from registered equidae (Text with EEA relevance)

2000/216, The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (revoked)

Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87

96/81/EC: Commission Decision of 12 January 1996 amending Decisions 92/260/EEC, 93/196/EEC, 93/197/EEC and 94/467/EC with regard to the categories of male equidae to which apply the requirements on equine viral arteritis (Text with EEA relevance)

Animals and Animal Products (Import and Export) (Amendment) Regulations (Northern Ireland) 1997, 1997/87

2000/253, Animals and Animal Products (Import and Export) Regulations (Northern 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 24 June 1996 approving the plan for the control and eradication of bovine spongiform encephalopathy in the United Kingdom (Text with EEA relevance)

The Selective Cull (Enforcement of Community Compensation Conditions) Regulations 1996,1996/3186

Selective Cull (Enforcement of Community 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 26 February 1996 amending Council Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC, 93/196/EEC and 93/197/EEC (Text with EEA relevance)

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

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 17 October 1996 amending Council Decision 79/542/EEC drawing up a list of third countries from which the Member States authorize imports of bovine animals, swine, equidae, sheep and goats, fresh meat and meat products (Text with EEA relevance)

2004/325, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004

The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000, 2000/216 (revoked)

96/510/EC: Commission Decision of 18 July 1996 laying down the pedigree and zootechnical certificates for the importation of breeding animals, their semen, ova and embryos (Text with EEA relevance)

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

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 December 1996 amending Decision 93/196/EEC and 93/197/EEC on imports of Equidae from Iceland (Text with EEA relevance)

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

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 14 February 1997 amending Council Decision 79/542/EEC and Commission Decisions 92/260/EEC, 93/195/EEC and 93/197/EEC with regard to the animal health conditions for the temporary admission, re-entry and imports into the Community of registered horses from Lebanon (Text with EEA relevance

Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325

The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000, 2000/216 (revoked)

97/183/EC: Commission Decision of 25 February 1997 amending Decision 96/659/EC on protective measures in relation to Crimean Congo haemorrhagic fever in South Africa (Text with EEA relevance)

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

Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325

97/736/EC: Commission Decision of 14 October 1997 concerning the importation of live animals, fresh meat and meat products from the Federal Republic of Yugoslavia and Greenland and amending Council Decision 79/542/EEC (Text with EEA relevance)

The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000, 2000/1673 (revoked)

98/594/EC: Commission Decision of 6 October 1998 amending Council Decisions 79/542/EEC, 92/260/EEC, 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

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 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) (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

1999/228/EC: Commission Decision of 5 March 1999 amending Council Decision 79/542/EEC and Decisions 92/160/EEC, 92/260/EEC and 93/195/EEC and 93/197/EEC with regard to the animal health conditions for the temporary admission, re-entry and imports into the Community of registered horses from certain parts of Saudi Arabia (notified under document number C(1999) 496) (Text with EEA relevance)

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 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

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 10 September 1999 amending Commission Decisions 92/260/EEC and 93/197/EEC with regard to the animal health conditions for the temporary admission and imports into the Community of registered horses from United Arab Emirates (notified under document number C(1999) 2795) (Text with EEA relevance)

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 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

1999/236/EC: Commission Decision of 17 March 1999 amending Council Decision 79/542/EEC and Decisions 92/160/EEC and 93/197/EEC with regard to the animal health conditions for imports into the Community of registered horses from certain parts of Kyrgyzstan (notified under document number C(1999) 609) (Text with EEA relevance)

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 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

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 of 26 March 1999 amending Decision 93/197/EEC on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production (notified under document number C(1999) 754) (Text with EEA relevance)

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 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

99/558/EC: Commission Decision of 26 July 1999 amending Council Decision 79/542/EEC and Commission Decisions 92/160/EEC and 93/195/EEC with regard to imports of registered horses from Ecuador (notified under document number

The Animals and Animal Products (Import and Export) (Scotland) Amendment (No. 2) Regulations 2006, 2006/450

Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2004, 2004/325

102 Legislating for Brexit: EU Decisions

EU Commission decision UK Statutory Instrument

C(1999) 2438) (Text with EEA relevance)

Animals and Animal Products (Import and 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 27 December 2000 amending Decision 2000/418/EC regulating the use of material presenting risks as regards transmissible spongiform encephalopathies (Text with EEA relevance) (notified under document number C(2000) 4147)

2000/3377, The Specified Risk Material (Amendment) (England) (No. 3) Order 2000

The Specified Risk Material Order Amendment (Scotland) Regulations 2001, 2001/4

The Specified Risk Material Amendment (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 17 December 1999 amending Council Decision 79/542/EEC drawing 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)

2000/253, Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2000

103 Commons Library Briefing, 18 January 2018

EU Commission decision UK Statutory Instrument

2001/345/EC: Commission Decision of 2 May 2001 amending Decision 2001/304/EC on marking and use of certain animal products in relation to Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (Text with EEA relevance) (notified under document number C(2001) 1208)

2001/498, The Export Restrictions (Foot-And-Mouth Disease) Regulations 2001

2001/358,The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (Scotland) Regulations 2001

2001/1739, The Foot-and-Mouth Disease (Marking of Meat, Minced Meat and Meat 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 of 20 February 2002 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom, repealing Decision 2001/740/EC and amending for the eighth time Decision 2001/327/EC (Text with EEA relevance)

2002/431, The Import and Export Restrictions (Foot-and-Mouth Disease) (Wales) (No.2) (Revocation) Regulations 2002

2002/468, The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) (Revocation) Regulations 2002

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 of 22 September 2004 concerning a baseline study on the prevalence of salmonella in laying flocks of Gallus gallus

2005/586, The Salmonella in Laying Flocks (Survey Powers) (Wales) Regulations 2005

2005/132, Salmonella in Laying Flocks (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 of 1 September 2005 concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in broiler flocks of Gallus gallus to be carried out in the Member States

2005/2927, The Salmonella in Broiler Flocks (Survey Powers) (England) Regulations 2005

2005/584, The Salmonella in Broiler Flocks (Survey Powers) Regulations (Northern Ireland) 2005

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 of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (Text with EEA relevance)

The Avian Influenza (Preventive Measures) (Scotland) Amendment Regulations 2005, 2005/646

The Avian Influenza (Preventive Measures) (Scotland) Amendment Regulations 2006, 2006/399

The Avian Influenza (Preventive Measures) (No 2) Regulations 2005, 2005/3394

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 of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community and repealing Decision 2006/135/EC (Text with EEA relevance)

The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007, 2007/207

The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006, 2006/3309

The Avian Influenza (H5N1 in Poultry) (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 of 6 July 2006 concerning measures to prevent the spread of highly pathogenic avian influenza caused by influenza A virus of subtype H5N1 to birds kept in zoos and approved bodies, institutes and centres in the Member States and repealing Decision 2005/744/EC (Text with EEA relevance)

The Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007, 2007/68

2007/69, The Avian Influenza (Preventive Measures) (Scotland) Order 2007

The Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007, 2007/70

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 of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (Text with EEA relevance)

The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006, 2006/3249

The Avian Influenza (H5N1 in Wild Birds) (Wales) Order 2006, 2006/3310

The Avian Influenza (H5N1 in Poultry) (Wales) Order 2006, 2006/3309

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 of 29 September 2006 concerning a financial contribution from the Community towards a baseline survey on the prevalence of Salmonella in turkeys to be carried out in the Member States

2006/2821, The Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

2006/492, The Salmonella in Turkey Flocks and Herds of Slaughter Pigs (Survey Powers) Regulations (Northern Ireland) 2006

2006/668/EC: Commission Decision of 29 September 2006 concerning a financial contribution from the Community towards a baseline survey on the prevalence of Salmonella in slaughter pigs to be carried out in the Member States

2006/2821, The Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

2006/492, The Salmonella in Turkey Flocks and Herds of Slaughter Pigs (Survey Powers) Regulations (Northern Ireland) 2006

2007/118/EC: Commission Decision of 16 February 2007 laying down detailed rules in relation to an alternative identification mark pursuant to Council Directive 2002/99/EC (Text with EEA relevance )

2008/1275, The Products of Animal Origin (Disease Control) (Wales) Regulations 2008

2008/158, The Products of Animal Origin (Disease Control) (Scotland) Order 2008

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 of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (Text with EEA relevance)

2007/314, The Products of Animal Origin (Third Country Imports) (Amendment) Regulations (Northern Ireland) 2007

2007/304, The Products of Animal Origin (Third Country Imports) (Scotland) 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 of 14 June 2007 prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1 August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No 999/2001 and repealing Decision 2005/598/EC

The Bovine Products (Restriction on Placing on the Market) (Wales) (No. 2) (Amendment) Regulations 2007, 2007/1835

The Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Amendment Regulations 2007, 2007/338

The Bovine Products (Restriction on Placing on the Market) (No. 2) (Amendment) Regulations (Northern Ireland) 2007, 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 of 28 September 2009 authorising certain Member States to revise their annual BSE monitoring programmes (notified under document C(2009) 6979) (Text with EEA relevance)

The Transmissible Spongiform Encephalopathies (Amendment) Regulations (Northern Ireland) 2009, 2009/347

The Food Hygiene (Wales) (Amendment) 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

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