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As a member of the European Community, the United Kingdom government is obliged to comply with European Community law and to incorporate European legislation into national law within a specified timetable. Any delays may result in an infringement notice and could, ultimately, result in a substantial fine. The Department for Environment, Food and Rural Affairs (the Department) is responsible for implementing around 30% of the legislation from Europe.
Over-implementation (often referred to as 'gold-plating') can include introducing legislation more quickly than the European Commission requires, and introducing regulations or enforcement mechanisms that go beyond those specified in the Directive. The Department's aim is to minimise the burden on industry and, as a consequence, to avoid over-implementation of Directives, which could put industry at a commercial disadvantage with competitors elsewhere in Europe.
The first step in implementing European legislation is to convert the legislation into national law. This process is called transposition. When departments transpose Directives there are two main methods which they can use: copy-out or elaboration. Copy-out transcribes the Directive into United Kingdom legislation with no additions or changes. Elaboration augments the Directive wording, for example to provide greater clarity. Cabinet Office guidance recommends that Directives should normally be implemented by copy-out and that elaboration should occur only where the benefits outweigh the costs. Of the seven Directives used as case examples in the Comptroller and Auditor General's Report,[1] three had used the copy-out method of transposition and four included some elaboration.
The Government seeks to transpose European law into UK legislation within a relatively tight timeframe. The United Kingdom has met the European Commission's target of 1.5% of transpositions outstanding.
Preparations for implementation could be enhanced. Industry would benefit from more timely and better quality guidance on when legislation is likely and its impact. Information, guidance and communication strategies should be adapted to meet the needs of smaller, less sophisticated businesses as well as large corporations.
Programme and project management should reflect all the phases and challenges of European legislation. Appropriate and sufficient expertise should be available at all stages from negotiation through to implementation. Departments should work with other Member States and the devolved administrations to clarify their interpretation of Directives and share good practice. Wherever practicable, the Department should work with the Devolved Administrations to transpose Directives in parallel rather than sequentially to minimise the risks of delay.
On the basis of a Report by the Comptroller and Auditor General the Committee took evidence from the Department on its transposition of European law. Our conclusions and recommendations have wider application across all departments and other bodies responsible for transposing and implementing European Union legislation.
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