Devolution and Exiting the EU and Clause 11 of the European Union (Withdrawal) Bill: Issues for Consideration Contents

Appendix 1: Powers Returning from the EU that Intersect with the Devolution Settlements

Powers returning from the EU that intersect with the devolution settlement in Scotland

1.Agricultural Support

2.Agriculture - Fertiliser Regulations

3.Agriculture - GMO Marketing & Cultivation

4.Agriculture - Organic Farming

5.Agriculture - Zootech

6.Animal Health and Traceability

7.Animal Welfare

8.Aviation Noise Management at Airports

9.Blood Safety and Quality

10.Carbon Capture & Storage

11.Chemicals regulation (including pesticides)

12.Civil judicial co-operation - jurisdiction and recognition & enforcement of judgments in civil & commercial matters (including B1 rules and related EU conventions)

13.Civil judicial co-operation - jurisdiction and recognition & enforcement of judgments instruments in family law (including BIIa, Maintenance and civil protection orders)

14.Civil judicial cooperation on service of documents and taking of evidence

15.Criminal offences minimum standards measures - Combating Child Sexual Exploitation Directive

16.Control of major accident hazards

17.Cross border mediation

18.Data sharing - (EU fingerprint database (EuroDac)

19.Data sharing - European Criminal Records Information System (ECRIS)

20.Data sharing - False and Authentic Documents Online (FADO)

21.Data sharing - passenger name records

22.Data sharing - Prüm framework

23.Data sharing - Schengen Information System (SIS II)

24.Efficiency in energy use

25.Elements of Reciprocal Healthcare

26.Elements of the Network and Information Security (NIS) Directive

27.Elements of Tobacco Regulation

28.Energy Performance of Buildings Directive

29.Environmental Impact Assessment (EIA) Directive

30.Environmental law concerning energy planning consents

31.Environmental law concerning offshore oil & gas installations within territorial waters

32.Environmental quality - Air Quality

33.Environmental quality - Chemicals

34.Environmental quality - Flood Risk Management

35.Environmental quality - International timber trade (EUTR and FLEGT)

36.Environmental quality - Marine environment

37.Environmental quality - Natural Environment and Biodiversity

38.Environmental quality - Ozone depleting substances and F-gases

39.Environmental quality - Pesticides

40.Environmental quality - Spatial Data Infrastructure Standards

41.Environmental quality - Waste Packaging & Product Regulations

42.Environmental quality - Waste Producer Responsibility Regulations

43.Environmental quality - Water Quality

44.Environmental quality - Water Resources

45.Environmental quality - Biodiversity - access and benefit sharing of genetic resources

46.Equal Treatment Legislation

47.EU agencies - EU-LISA

48.EU agencies - Eurojust

49.EU agencies - Europol

50.EU Social Security Coordination

51.Fisheries Management & Support

52.Food and Feed Law

53.Food Compositional Standards

54.Food Geographical Indications (Protected Food Names)

55.Food Labelling

56.Forestry (domestic)

57.Free movement of healthcare (the right for EEA citizens to have their elective procedure in another member state)

58.Genetically modified micro-organisms contained use

59.Good laboratory practice

60.Harbours

61.Hazardous Substances Planning

62.Heat metering and billing information

63.High Efficiency Cogeneration

64.Implementation of EU Emissions Trading System

65.Ionising radiation

66.Land use

67.Late payment (commercial transactions)

68.Legal aid in cross-border cases

69.Migrant Access to benefits

70.Minimum standards -housing & care: regulation of the use of animals

71.Minimum standards legislation - child sexual exploitation

72.Minimum standards legislation - cybercrime

73.Minimum standards legislation - football disorder

74.Minimum standards legislation - human trafficking

75.Mutual recognition of professional qualifications

76.Mutual recognition of criminal court judgments measures & cross border cooperation - European Protection Order, Prisoner Transfer Framework Directive, European Supervision Directive, Compensation to Crime Victims Directive

77.Nutrition health claims, composition and labelling

78.Onshore hydrocarbons licensing

79.Organs

80.Plant Health, Seeds and Propagating Material

81.Practical cooperation in law enforcement - Asset Recovery Offices

82.Practical cooperation in law enforcement - European Investigation Order

83.Practical cooperation in law enforcement - Joint Action on Organised Crime

84.Practical cooperation in law enforcement - Joint investigation teams

85.Practical cooperation in law enforcement - mutual legal assistance

86.Practical cooperation in law enforcement - mutual recognition of asset freezing orders

87.Practical cooperation in law enforcement - mutual recognition of confiscation orders

88.Practical cooperation in law enforcement - Schengen Article 40

89.Practical cooperation in law enforcement - Swedish initiative

90.Practical cooperation in law enforcement - European judicial network

91.Practical cooperation in law enforcement - implementation of European Arrest Warrant

92.Procedural rights (criminal cases) - minimum standards measures

93.Provision of legal services

94.Provision in the 1995 Data Protection Directive (soon to be replaced by the General Data Protection Regulation) that allows for more than one supervisory authority in each member state

95.Public sector procurement

96.Public health (serious cross-border threats to health)

97.Radioactive Source Notifications–Trans-frontier shipments

98.Radioactive waste treatment and disposal

99.Rail franchising rules

100.Rail markets and operator licensing

101.Recognition of insolvency proceedings in EU Member States

102.Renewable Energy Directive

103.Rules on applicable law in civil & commercial cross border claims

104.Sentencing - taking convictions into account

105.State Aid

106.Statistics

107.Strategic Environmental Assessment (SEA) Directive

108.Tissues and cells

109.Uniform fast-track procedures for certain civil and commercial claims (uncontested debts, small claims)

110.Victims rights measures (criminal cases)

111.Voting rights and candidacy rules for EU citizens in local government elections

Powers returning from the EU that intersects with the devolution settlement in Wales

Department for Business, Energy and Industrial Strategy

1.Carbon Capture & Storage

2.Efficiency in energy use

3.Environmental law concerning energy planning consents

4.Environmental law concerning offshore oil & gas installations within territorial waters

5.Implementation of EU Emissions Trading System

6.Mutual recognition of professional qualifications

7.Onshore hydrocarbons licensing

8.Radioactive Source Notifications - Transfrontier shipments

9.Radioactive waste treatment and disposal

10.State Aid

Cabinet Office

1.Public sector procurement

2.Statistics

3.Voting rights and candidacy rules for EU citizens in local government elections

Department for Communities and Local Government

1.Environmental Impact Assessment (EIA) Directive

2.Energy Performance of Buildings Directive

3.Hazardous Substances Planning

4.Strategic Environmental Assessment (SEA) Directive

Department for Digital, Culture, Media and Sport

1.Elements of the Network and Information Security (NIS) Directive

2.Provision in the 1995 Data Protection Directive (soon to be replaced by the General Data Protection Regulation) that allows for more than one supervisory authority in each member state

Department for the Environment, Food and Rural Affairs

1.Agricultural Support

2.Agriculture - Fertiliser Regulations

3.Agriculture - GMO Marketing & Cultivation (not food/feed law, see FSA return)

4.Agriculture - Organic Farming

5.Agriculture - Zootech

6.Animal Health and Traceability

7.Animal Welfare

8.Environmental quality - Air Quality

9.Environmental quality - Biodiversity - access and benefit sharing of genetic

10.resources (ABS)

11.Environmental quality - Chemicals

12.Environmental quality - Flood Risk Management

13.Environmental quality - International timber trade (EUTR and FLEGT)

14.Environmental quality - Marine environment

15.Environmental quality - Natural Environment and Biodiversity

16.Environmental quality - Ozone depleting substances and F-gases

17.Environmental quality - Pesticides

18.Environmental quality - Spatial Data Infrastructure Standards

19.Environmental quality - Waste Packaging & Product Regulations

20.Environmental quality - Waste Producer Responsibility Regulations

21.Environmental quality - Water Quality

22.Environmental quality - Water Resources

23.Fisheries Management & Support

24.Food Compositional Standards (not hygiene / safety - see FSA return)

25.Food Geographical Indications (Protected Food Names)

26.Food Labelling

27.Forestry (domestic)

28.Land use

29.Plant Health, Seeds and Propagating Material

Department for Health

1.Blood Safety and Quality

2.Elements of Reciprocal Healthcare

3.Free movement of healthcare (the right for EEA citizens to have their elective procedure in another MS)

4.Good laboratory practice

5.Nutrition health claims, composition and labeling

6.Organs

7.Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc)

8.Tissues and cells (apart from embryos and gametes)

9.Elements of Tobacco Regulation

Department for Transport

1.Harbours

2.Rail franchising rules

Food Standards Agency

1.Food and Feed Law (Food and feed safety and hygiene; food and feed law enforcement (official controls); food labelling (Defra, DH and FSA all have responsibilities for different parts); Commission consents.

Government Equalities Office

1.Equal Treatment Legislation

Health and Safety Executive

1.Chemicals regulation (including pesticides)

2.Control of major accident hazards

3.Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)

4.Ionising radiation

Policy Areas/Powers returning from the EU which intersect with the devolution settlement in Northern Ireland (141)

1.Agricultural Support

2.Agriculture - Fertiliser Regulations

3.Agriculture - GMO Marketing & Cultivation

4.Agriculture - Organic Farming

5.Agriculture - Zootech

6.Animal Health and Traceability

7.Animal Welfare

8.Aviation Noise Management at Airports

9.Blood Safety and Quality

10.Carbon Capture & Storage

11.Chemicals regulation (including pesticides)

12.Civil judicial co-operation - jurisdiction and recognition & enforcement of judgments instruments in family law (including BIIa, Maintenance and civil protection orders)

13.Civil judicial co-operation - jurisdiction and recognition & enforcement of judgments in civil & commercial matters (including B1 rules and related EU conventions)

14.Civil judicial cooperation on service of documents and taking of evidence

15.Civil use of explosives

16.Clinical trials of medicinal products for human use

17.Company Law

18.Consumer law including protection and enforcement

19.Control of major accident hazards

20.Criminal offences minimum standards measures - Combatting Child Sexual Exploitation Directive

21.Cross border mediation

22.Data sharing - Eurodac

23.Data sharing - European Criminal Records Information System (ECRIS)

24.Data sharing - False and Authentic Documents Online (FADO)

25.Data sharing - passenger name records

26.Data sharing - Prüm framework

27.Data sharing - Schengen Information System (SIS II)

28.Driver Licensing Directive (roads). Also Driver Certificates of Professional Competence

29.Efficiency in energy use

30.Elements of Employment Law, including health and safety at work

31.Elements of reciprocal healthcare

32.Elements of the Network and Information Security (NIS) Directive

33.Elements of tobacco regulation

34.Energy Performance of Buildings Directive

35.Environmental Impact Assessment (EIA) Directive

36.Environmental law concerning energy planning consents

37.Environmental law concerning offshore oil & gas installations within territorial waters

38.Environmental quality - Air Quality

39.Environmental quality - Biodiversity - access and benefit sharing of genetic resources (ABS)

40.Environmental quality - Chemicals

41.Environmental quality - Flood Risk Management

42.Environmental quality - International timber trade (EUTR and FLEGT)

43.Environmental quality - Marine environment

44.Environmental quality - Natural Environment and Biodiversity

45.Environmental quality - Ozone depleting substances and F-gases

46.Environmental quality - Pesticides

47.Environmental quality - Spatial Data Infrastructure Standards

48.Environmental quality - Waste Packaging & Product Regulations

49.Environmental quality - Waste Producer Responsibility Regulations

50.Environmental quality - Water Quality

51.Environmental quality - Water Resources

52.Equal Treatment Legislation

53.EU agencies - EU-LISA

54.EU agencies - Eurojust

55.EU agencies - Europol

56.EU social security coordination

57.Fisheries Management & Support

58.Food and Feed Law (Food and feed safety and hygiene; food and feed law enforcement (official controls); food labelling; Commission consents.

59.Food Compositional Standards

60.Food Geographical Indications (Protected Food Names)

61.Food Labelling

62.Forestry (domestic)

63.Free movement of healthcare (the right for EEA citizens to have their elective procedure in another MS)

64.Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)

65.Good laboratory practice

66.Harbours

67.Hazardous Substances Planning (Seveso III Directive)

68.Health and safety at work

69.Heat metering and billing information

70.High Efficiency Cogeneration

71.Implementation of EU Emissions Trading System

72.Inland transport of dangerous goods and transportable pressure equipment

73.Ionising radiation

74.Land use

75.Late payment (commercial transactions)

76.Legal aid in cross border cases

77.Maritime Employment and Social Rights

78.Medical devices

79.Medicinal products for human use

80.Medicine prices

81.Migrant access to benefits

82.Minimum standards -housing & care, regulates the use of animals

83.Minimum standards legislation - child sexual exploitation

84.Minimum standards legislation - cybercrime

85.Minimum standards legislation - football disorder

86.Minimum standards legislation - human trafficking

87.Mutual recognition of criminal court judgments measures & cross border cooperation - European Protection Order, Prisoner Transfer Framework Directive, European Supervision Directive, Compensation to Crime Victims Directive

88.Mutual recognition of professional qualifications

89.Non-food product design and labelling

90.Nutrition health claims, composition and labelling

91.Onshore hydrocarbons licensing

92.Operator licensing (roads)

93.Organs

94.Passenger Rights (rail)

95.Plant Health, Seeds and Propagating Material

96.Practical cooperation - Asset Recovery Offices

97.Practical cooperation - European Investigation Order

98.Practical cooperation - implementation of European Arrest Warrant (dealing with requests etc.)

99.Practical cooperation - Joint Action on Organised Crime

100.Practical cooperation - Joint investigation teams

101.Practical cooperation - mutual legal assistance

102.Practical cooperation - mutual recognition of asset freezing orders

103.Practical cooperation - mutual recognition of confiscation orders

104.Practical cooperation - Schengen Article 40

105.Practical cooperation - Swedish initiative

106.Practical cooperation- European judicial network

107.Private cross border pensions

108.Procedural rights (criminal cases) - minimum standards measures

109.Product safety and standards

110.Provision in the 1995 Data Protection Directive (soon to be replaced by the General Data Protection Regulation) that allows for more than one supervisory authority in each member state

111.Provision of legal services (temporary and permanent basis)

112.Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc)

113.Public Sector Procurement

114.Radioactive Source Notifications - Transfrontier shipments

115.Radioactive waste treatment and disposal

116.Rail franchising rules

117.Rail markets and operator licensing (governance, structure, track access & charging)

118.Rail Markets: safety rules and régimes

119.Rail Markets: technical standards

120.Rail Markets: Train driving licenses and other certificates directive

121.Rail Workers Rights Directive

122.Recognition of insolvency proceedings in EU Member States

123.Renewable Energy Directive

124.Roads - Motor Insurance (minimum required levels of insurance and various compensation schemes, not insurance, financial and prudential regulation, which is reserved)

125.Roadworthiness Directive

126.Rules on applicable law in civil & commercial cross border claims (includes RI and II Regs)

127.Security of supply (emergency stocks of oil)

128.Security of supply (gas)

129.Sentencing - taking convictions into account

130.Single energy market/ Third Energy Package

131.State Aid

132.Statistics (where production is devolved)

133.Strategic Environmental Assessment (SEA) Directive

134.The Rental and Lending Directive (concerning library lending)

135.Tissues and cells (apart from embryos and gametes)

136.Transporting dangerous goods by rail, road and inland waterway Directive

137.Uniform fast track procedures for certain civil and commercial claims (uncontested debts, small claims)

138.Vehicle registration (roads)

139.Vehicle standards - various type approval Directives (roads)

140.Victims rights measures (criminal cases) - minimum standards

141.Working Time Rules and Harmonisation of Hours Directive and regulations on tachographs





29 November 2017