Schedule 6: Instruments which are exempt EU instruments
219 Schedule 6 sets out which EU instruments are to be regarded as ‘exempt’ and therefore excluded under clause 3 from the saving and incorporation of direct EU legislation prior to exit day.
220 Paragraph 1 provides that "exempt EU instruments" includes a number of categories of EU decision which do not apply to the UK. These include:
○ Existing EU decisions which do not apply to the UK under relevant Protocols; and
○ Decisions relating to common foreign and security policy under Title V of the pre-Lisbon TEU and under the current Title V of the TEU (post-Lisbon).
221 Paragraph 2 provides that "exempt EU instruments" includes those EU regulations which do not apply under relevant Protocols, as detailed in paragraph 4.
EU tertiary legislation
222 Paragraph 3 provides that "exempt EU instruments" includes EU tertiary legislation which has been made under an exempt EU decision, regulation or a directive which does not apply to the UK under relevant Protocols, as detailed in paragraph 4.
223 Paragraph 4 defines the "relevant Protocols" with reference to a list.