Transposition of EU Regulations

Vince Cable Excerpts

Wednesday 15th December 2010 Written Statements

[The Secretary of State for Business, Innovation and Skills (Vince Cable)]

I would like to inform the House that today I will set out a series of new principles that the Government will use when introducing European measures into UK law. Copies of the guiding principles will be placed in the Libraries of both Houses. These will end so-called gold-plating so that British businesses are not put at a disadvantage relative to their European competitors.

The key to the new measures will be the principle of copying out the text of European directives directly into UK law. The direct “copy out” principle will mean that British interpretations of European law are not unfairly restricting British companies.

The new measures are part of a wider Government policy to tackle EU regulations, including: by working with business organisations to prioritise proposals in the European Commission’s legislative work plan for 2011 and beyond, working closely with other European countries to push for more outcome-focused EU regulation, and improving how evidence is used by the European Parliament and Council.

The main elements of the new Government principles are:

Work on the implementation of an EU directive should start immediately after agreement is reached in Brussels. By starting implementation work early, businesses will have more chance to influence the approach, ensuring greater certainty and early warning about its impact.

Early transposition of EU regulations will be avoided except where there are compelling reasons for earlier implementation. This will ensure that British businesses are not put at a disadvantage to their European competitors.

European directives will normally be directly copied into UK legislation, except where it would adversely affect UK interests, for example, by putting UK businesses at a competitive disadvantage.

A statutory duty will be placed on Ministers to conduct a review of domestic legislation implementing a European directive every five years. This will allow businesses to influence any necessary improvements based on their own practical experience of applying the rules.