United Kingdom Common Framework Policies

On 15 March 2018, The United Kingdom Government published a list of policy areas that will fall under devolved competence, but will require action to ensure the security and integrity of the UK Internal Market.

UK Common Framework Policies

  Members


CC BY-SA 4.0
Artist: User:Rogueassasin123

Uploaded by Lord Belbury
Policy ofUnited Kingdom
Members4 Members

England 🏴󠁧󠁢󠁥󠁮󠁧󠁿
Scotland 🏴󠁧󠁢󠁳󠁣󠁴󠁿
Wales 🏴󠁧󠁢󠁷󠁬󠁳󠁿

N.Ireland 🇬🇧


Some of these areas will require memorandums of understanding and some areas which will be reserved and require UK legislation to create a Common UK Framework Policy after brexit.[1]

History

On 13 July 2017 the European Union Withdrawal Act 2017 - 2019 which governed the UK exit from the EU, and made provisions for EU laws to be retained and held where necessary to create Common UK Framework Policies had its first reading in the House of Commons [2]

On July 13, 2017 the Scottish government introduced the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill into the Scottish Parliament.[3]

On April 17, 2018 the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill was sent to the UK Supreme Court by the UK Government to challenge its legality and get a ruling on whether the provisions of the act were out with the competence of the Scottish Government and Parliament. [4]

On December 13, 2018 the UK Supreme Court ruled that the provisions within the UK Withdrawal from the European Union (Legal Continuity) (Scotland) was beyond the competence of the Scottish Government and Parliament, and the bill was sent back for editing. (The Bill has since being abandoned) [5]

On June 26, 2018 the European Withdrawal Bill passed through Parliament and became an act [6]

At the end of the transition period, the 160[7] to 290 EU policies[8] are no more applied into the UK who benefit from the United Kingdom Common Framework Policies.

Some policies are defined by the Northern Ireland Protocol[9].

Objectives

Common frameworks will be established where they are necessary in order to: [10]

Implementation process

The implementation process is divided into 5 phases: [11]

Key

🔹 = End of phase agreement

🔰 = Task

Phase 1

🔰 Agreement of framework principles

🔰 First Phase of multilateral “deep dives”

Phase 2

🔰 Continued multilateral agreement

🔰 Development of required frameworks legislation

🔰 Beginning of bilateral stakeholders engagement

🔰 Light-touch review and scrutiny of framework outlines

🔹 Outline framework

Phase 3

🔰 Policy Finalisation

🔰 External stakeholder engagement

🔰 In-depth review and assessment process

🔰 Collective agreement on policy approach

🔹 Provisional framework agreement

🔰 Required reappraisal of framework based on outcomes of cross - cutting issues (Phase 4 +5)

Phase 4

🔰 Required legislation in parliamentary passage

🔰 Framework preparation and implementation

🔹 Framework agreement

Phase 5

🔰 Post implementations arrangements

These talks are carried out between the UK Government and the Individual Devolved governments, and the finished frameworks are then agreed upon in the Joint Ministerial Council (JMC)

And Common Framework Policies (No Further Action Required)

Below are the 64 policy areas where no further action is required[12]

Department for Business, Energy & Industrial Strategy
No Area Of Law
1 Consumer law including protection and enforcement
2 Carbon capture and storage
3 Elements of employment law
4 Environmental law concerning energy industries
5 Heat metering and billing information
6 High efficiency
7 cogeneration / Combined Heat and Power (CHP) [NB - this appears in category 2 for Scotland]
8 Internal energy market / Third Energy Package
9 Onshore hydrocarbons licensing
10 Renewable Energy Directive
11 Security of supply (emergency stocks of oil)
12 Security of supply (gas)
13 Environmental law concerning energy planning consents
14 Transport of dangerous goods and transportable pressure equipment - Class 7 only
15 GEO-Blocking
Cabinet Office
No Area of Law
16 Voting rights and candidacy rules for EU Elections
Department for Digital, Culture, Media and Sport
No Area of Law
17 The Rental and Lending Directive (concerning library lending)


Department for Environment, Food and Rural Affairs
No Area of Law
18 Flood Risk Management
19 Management of Waste from Extractive Industries
20 Water Quality
21 Water Resources
22 Forestry (Domestic)
23 Land use
24 Noise directives
Department for International Trade
No Area of Law
25 Airport charges
26 Air Passenger Rights
27 Aviation - compensating PSO air routes
28 Aviation - groundhandling at airports
29 Aviation noise management at airports
30 Aviation Slots
31 Bus Franchising rules
32 Cableways
33 Driver hours and tachographs
34 Electronic road toll systems
35 Elements of harbours (marine environment issues)
36 Maritime - public service contracts/obligation s, and financial assistance for shipping services which both start and finish within Scotland/to, from and within Wales
37 Maritime – ports services and port reception facilities, including for ship-generated waste
38 Maritime Employment and Social Rights
39 Passenger rights (rail)
40 Rail franchising rules - insofar as they do not relate to state aid rules
41 Rail markets and operator licensing (governance, structure, track access & charging)
42 Rail markets - train driving licenses and other certificates
43 Rail safety
44 Rail Workers Rights Directive
45 Retrofitting of HGV mirrors
46 Road infrastructure safety management
47 Use of goods vehicles hired without drivers
48 Charging of HGVs
49 Coach and bus services
50 Roadworthiness Directive
51 Speed limitation devices
52 Driver CPC (certificates of professional competence)
53 Mutual recognition of qualifications (but not CPC)
54 Safety specifications
55 Trans European Transport Network
56 Transporting Dangerous Goods by Rail, Road and Inland Waterway Directive


Department of Health and Social Care
No Area of Law
57 Implementation of cross border healthcare rights to treatment and reimbursement


Department for Work and Pensions
No Area of Law
58 Elements of EU social security coordination
59 Private cross border pensions
Government Equalities Office
No Area of Law
60 Equal treatment legislation
Health and Safety Executive
No Area of Law
61 Health and safety at work
62 Ionising radiation (occupational exposures)
Ministry of Housing, Communities and Local Government
No Area of Law
63 Environmental Impact Assessment (EIA) Directive
64 Energy Performance of Buildings Directive


Common Framework Policies (Legislative)

Below are the 24 Policy areas that the United Kingdom Government will create Common Framework Polices for after Brexit using legislation. [13]

Agriculture
Legislation (Agriculture Bill)
Sub areas
Animals
Legislation (Animal Welfare (Sentencing) Bill
Sub areas
Chemicals
Sub areas
Healthcare
Sub area
  • Elements of reciprocal healthcare
Environment
Legislation (Environment Bill)
Sub areas
Fisheries
Legislation (Fisheries Bill)
Sub area Fisheries management and support
Food Safety
Sub areas
Emission Trading
Legislation (Finance Bill)
Sub area Implementation of EU Emissions Trading System
Qualifications
Sub area
  1. Mutual recognition of professional qualifications (MRPQ)
Procurement
Sub area Public procurement
Trade Liberation
Sub area Services Directive

Common Framework Policies (Secondary Legislation )

Below are 79 policy areas that will require secondary legislation such legislative consent motions

BEIS
No Area of Law
1. Company Law
2. Late payment (commercial transactions)
3. Efficiency in energy use
4. High efficiency cogeneration / Combined Heat and Power (CHP) [NB - this appears in category 1 for N.Ireland
5. Radioactive substances
6. Recognition of insolvency proceedings in EU Member States
7. Specified quantities and packaged goods legislation
Cabinet Office
8. Public Pronouncement
9. Statistics
DEFRA
10. Air Quality
11. Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS)
12. Marine Environment
13. Spatial Data Infrastructure Standards
14. Natural Environment and Biodiversity
15. Waste Management
DFT
16. Access for non-UK hauliers and passenger transport operations, plus combined transport
17. Intelligent transport systems
18. Operator licensing (roads)
19. Rail technical standards (Interoperability)
20. Driver licensing
21. Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988
DHSC
22. Clinical trials of medicinal products for human use
23. Elements of the regulation of tobacco and related products
24. Good laboratory practice
25. Medicinal products for human use
26. Medicine prices
27. Nutrition health claims, composition and labelling
28. Blood safety and quality
29. Organs
30. Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc)
31. Tissues and cells (apart from embryos and gametes)
32. Equal treatment legislation
HSE
33. Civil use of explosives
34. Control of major accident hazards
35. Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)
MHCGL
36. Hazardous substances planning
37. Strategic Environmental Assessment (SEA) Directive
HO
38. Police and criminal justice cooperation - practical cooperation - European Judicial Network
39. Police and criminal justice cooperation - practical cooperation - Joint action on organised crime
40. Police and criminal justice cooperation - practical cooperation - mutual legal assistance
41. Police and criminal justice cooperation - data sharing - False and Authentic Documents Online (FADO)
42. Police and criminal justice cooperation - agencies - EU-LISA
43. Police and criminal justice cooperation - agencies - Eurojust
44. Police and criminal justice cooperation - agencies - Europol
45. Police and criminal justice Cooperation - data sharing - European Criminal Records Information System (ECRIS)
46. Police and criminal justice cooperation - data sharing - Prüm framework
47. Police and criminal justice cooperation - data sharing - Schengen Information System (SIS II)
48. Police and criminal justice cooperation - minimum standards legislation - cybercrime
49. Police and criminal justice cooperation - minimum standards legislation - human trafficking
50. Police and criminal justice cooperation - practical cooperation - asset recovery offices
51. Police and criminal justice cooperation - practical cooperation - basic cooperation legislation on child sexual exploitation
52. Police and criminal justice cooperation - practical cooperation - Convention Implementing the Schengen Agreement (law enforcement cooperation)
53. Police and criminal justice cooperation - practical cooperation - European Investigation Order
54. Police and criminal justice cooperation - practical cooperation - joint investigation teams
55. Police and criminal justice cooperation - practical cooperation - mutual recognition of asset freezing orders
56. Police and criminal justice cooperation - practical cooperation - mutual recognition of confiscation orders
57. Police and criminal justice cooperation - practical cooperation - Swedish initiative
58. Regulatory systems - firearms - deactivation standards and techniques
59. Regulatory systems - firearms - illicit manufacturing and trafficking
60. Regulatory systems - firearms - control on acquisition and possession of weapons
61. Police and criminal justice cooperation - practical cooperation - cooperation on football disorder
62. Police and criminal justice cooperation - accreditation of Forensic Service Providers (FSP) and mutual recognition of results of FSPs - Prüm Framework
63. Police and criminal justice cooperation - agencies - CEPOL
64. Police and criminal justice cooperation - data sharing - passenger name records (PNR)
65. Regulatory systems - minimum standards legislation - the protection of animals used for scientific purposes
MOJ
66. Civil judicial co-operation - applicable law in contracts and non-contractual obligations
67. Civil judicial co-operation - cross border mediation (Mediation Directive)
68. Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments in civil and commercial matters
69. Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments: instruments in family law
70. Civil judicial co-operation - legal aid in cross border cases
71. Civil judicial co-operation - service of documents and taking of evidence
72. Civil judicial co-operation - uniform fast track procedures for certain civil and commercial claims
73. Criminal offences minimum standards measures
74. Mutual recognition of criminal court judgments measures and cross border cooperation
76. Procedural rights (criminal cases) – minimum standards measures
77. Provision of legal services (temporary and permanent basis)
78. Sentencing - taking convictions into account
79. Victims’ rights measures in criminal cases – minimum standards (Victims’ Rights Directive)

See also

Intergovernmental Arrangements

Policies of the United Kingdom

UK Constitution

United Kingdom constitutional law

Foreign Affairs

Foreign relations of the United Kingdom

Free Trade Deals of the United Kingdom

UK Internal Market

UK Internal Market

UK Internal Market Bill

References
  1. (1)Paun, (2)Sargeant, (3)Klemperer, (1)Akash, (2)Jess, (3)David (March 16, 2020). "Devolution: common frameworks and Brexit". Institute for Government.CS1 maint: multiple names: authors list (link)
  2. Jack, Maddy Thimont (November 7, 2018). "EU Withdrawal Act 2018". Institute for Government.
  3. "UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill". Law of Scotland Society.
  4. Stephen, Phyllis (April 17, 2018). supremecourt/%3futm_source=feedburner&utm_medium=feed&utm_campaign=Feed:%2bTheEdinburghReporter%2b(The%2bEdinburgh%2bReporter) "Scotland's Continuity Bill referred to the Supreme Court" Check |url= value (help). The Edinburgh Reporter.
  5. Dickie, Mure (December 13, 2018). "Supreme Court rules Scottish Brexit law exceeds lawmaking powers". Financial Times.
  6. Segan, James (July 19, 2018). "The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers". Blackstone Chambers.
  7. https://ukandeu.ac.uk/northern-ireland-and-the-conundrum-for-the-uk-internal-market-after-brexit/
  8. https://ec.europa.eu/info/policies_en
  9. https://ukandeu.ac.uk/northern-ireland-and-the-conundrum-for-the-uk-internal-market-after-brexit/
  10. "Common UK policy frameworks". Business Sennedd. October 26, 2017.
  11. Lidington CBE, The Rt Hon. David (July 3, 2019). "Common Frameworks Update". Gov.UK.
  12. "Revised Frameworks Analysis" (PDF). Gov.Uk.
  13. Williamson, David (March 9, 2018). "These are 24 powers in devolved areas the UK Government wants after Brexit". Wales Online.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.