The UK left the EU on 31 January 2020. This Act fully repealed powers and obligations under the European Communities Act 1972. The UK also left the European Economic Area and Euratom Treaty. The Trade and Cooperation Agreement with the EU came into force on 31 December 2020.

The European Union (Withdrawal) Act 2018 converted directly-applicable EU law in force up to 11:00pm on 31 December 2020 to domestic law.

European Court decisions made after 11:00pm on  31 December 2020 are not binding and matters may not be referred to the European Court in the future.

The Act does not prevent the UK from replicating any EU law made on or after exit day in the future.

Withdrawal Agreement and Impacts on Legislation

The European Union (Withdrawal Agreement) Act 2020 implemented the UK-EU Withdrawal Agreement, which came into force on 31 January 2020.

Under the European Union (Withdrawal) Act 2018, as amended, directly-applicable EU legislation (e.g. Regulations and Decisions) made up to the 31 December 2020 has been retained as UK law.

Trade Agreement

The Trade and Cooperation Agreement between the EU and UK came into effect on 31 December 2020. This requires that levels of environmental protection in place on 31 December 2020 are maintained as a minimum, including committed targets. Trade remedies (‘rebalancing measures’) may be applied under the agreement should levels of environmental and climate protection drop below the other party and this present a trading advantage.

The agreement includes a general commitment to strive to increase levels of environmental and climate protection. Future environmental policy must take relevant scientific and technical information, international standards, guidelines and recommendations into account.

Changes to Retained EU Legislation

The Act allows legislation to be made by Ministers to prevent, remedy or mitigate failures of retained EU law to operate effectively or to address other deficiencies. These powers may only be used until 31 December 2022.

Retained EU legislation may be modified later by passing an Act of parliament, primary legislation or certain types of subordinate legislation.

Environmental Principles

This Act requires that a Bill is published setting out environmental principles for future policymaking. The Environment Bill delivers this requirement, requiring the following principles to be applied:

• precautionary principle, so far as relating to the environment;
• principle of preventative action to avert environmental damage;
• principle that environmental damage should as a priority be rectified at source;
• polluter pays principle;
• principle of sustainable development;
• principle that environmental protection requirements must be integrated into the definition implementation of policies and activities;
• public access to environmental information;
• public participation in environmental decision-making; and
• access to justice in relation to environmental matters.

The Environment Bill will establish a public authority (the Office of Environmental Protection) to take enforcement action against Ministers and other policymakers for failing to apply the environmental principles.

Related Legislation

The European Union (Future Relationship) Act 2020 implements Trade and Cooperation Agreement between the UK and EU (‘Trade and Cooperation Agreement’) in part.

This 2020 Act also established a regime to apply international standards on non-food products, including on machinery, hazardous substances within electrical and electronic equipment and pressure equipment.

Northern Ireland Protocol

The Protocol on Ireland and Northern Ireland was agreed alongside the Brexit Withdrawal Agreement. This avoids a hard border between Ireland and Northern Ireland by keeping Northern Ireland in the EU single market.

The Northern Ireland Protocol requires the Northern Ireland Assembly to vote periodically (commencing 31 December 2024) to either extend or end Northern Ireland’s alignment with EU law. This is termed the ‘democratic consent process’.

Background

The European Communities Act 1972 applied EU legislation in the UK. EU legislation was also provided supremacy over UK domestic law by this Act.