The UK Government has published which powers returning from Brussels that it wants to devolve after Brexit, and which it intends to ‘freeze’ at Westminster until agreement can be reached on joint control with the devolved administrations.
24 powers where the UK wants a temporary ‘freeze’ at Westminster
Agricultural support: Policies and Regulations under the EU Common Agricultural Policy (ie farm subsidies)
Agriculture - fertiliser regulations: Regulations providing common standards for compositional ingredients, labelling, packaging, sampling and analysis of fertilisers
Agriculture - GMO marketing and cultivation: Standards for marketing and cultivation of genetically modified organisms.
Agriculture - organic farming: Regulations setting out standards for organic production certification.
Agriculture - zootech: EU legislation providing a common framework of rules on breeding and trade in pedigree animals and germinal products in the EU and the treatment of imports from 3rd countries.
Animal health and traceability: EU rules and standards that aim to maintain animal health and allow their movement, including policies covering: prevention of disease (entering UK), control of disease (endemic and exotic), surveillance (for exotic disease) movement of livestock, pet passports and veterinary medicines
Animal welfare: EU rules relating to aspects of animal welfare including on-farm issues, movement of livestock and slaughter.
Chemicals regulation (including pesticides): EU regulations on the classification, labelling and packaging of substances and mixtures; the placing on the market and use of biocidal products (e.g. rodenticides); the export and import of hazardous chemicals; the registration, evaluation, authorisation and restriction of chemicals; and plant protection products (e.g. pesticides).
Elements of reciprocal healthcare: Regulations on providing for reciprocal healthcare (ie free healthcare for visitors from EU countries and for UK citizens travelling to the EU)
Environmental quality - chemicals: Regulation of the manufacture, authorisation and sale and use of chemical products
Environmental quality - ozone depleting substances: Implementation of international obligations under the Montreal Protocol (which control the use of chemicals harmful to the Ozone layer)
Environmental quality - pesticides: Regulations governing the authorisation and use of pesticide products and the maximum residue levels in food, and a framework for action on sustainable use of pesticides
Environmental quality - waste packaging and product regulations: Policies and Regulations that aim to meet certain essential product requirements and set product standards including for packaging
Fisheries management and support: Policies and Regulations relating to rules relating to the sustainability of fisheries (quotas), access to waters, conservation measures, enforcement and financial support.
Food and feed safety and hygiene law (food and feed safety and hygiene law, and the controls that verify compliance with food and feed law (official controls): EU regulations laying down the general principles and requirements of food and feed safety and hygiene; food and feed law enforcement; food safety labelling; risk analysis; and incident handling.
Food compositional standards: Minimum standards for a range of specific food commodities such as sugars, coffee, honey, caseins, condensed milk, chocolate, jams, fruit juices and bottled water.
Food labelling: Regulations setting out requirements on provision of information to consumers on food labels.
Hazardous substances planning: Elements of directives relating to land-use planning, including: planning controls relating to the storage of hazardous substances and handling development proposals for hazardous establishments.
Implementation of EU Emissions Trading System: Implementation of the European Union Emissions Trading Scheme for greenhouse gas.
Mutual recognition of professional qualifications: Directives that create systems for the recognition for professional qualifications and professional experience throughout the EU
Nutrition health claims, composition and labelling: Including Regulations and Directives on the nutrition and health claims made on food; food for special medical purposes and weight control;food intended for infants; the addition of vitamins and other substances to food; and food supplements.
Plant health, seeds and propagating material: Requirements in relation to the import and internal EU movement of plants and plant products, risk assessment of new plant pests and outbreak management.
Public procurement: The regime provided by the EU procurement Directives, covering public procurement contracts for supplies, services, works and concessions above certain financial thresholds awarded by the public sector and by utilities operating in the energy, water, transport and postal services sectors
Services Directive: Directive that seeks to realise the full potential of services markets in Europe by removing legal and administrative barriers to trade by increasing transparency and making it easier for businesses and consumers to provide or use services in the EU Single Market.
12 powers where the Scottish Government claims it should have an input but the UK Government wants full control
Ecodesign and energy labelling: Regulations for setting performance and energy information requirements for environmentally relevant product characteristics (such as energy efficiency of televisions etc)
Elements of product safety and standards relating to explosive atmospheres: Covers equipment and protective systems intended for use in explosive atmospheres, safety devices and components for such equipment.
Elements of the Network and Information Security (NIS) Directive: The Security of Network and Information Systems (NIS) Directive requires operators of essential services (energy, water, health, transport and digital infrastructure) and digital service providers to take certain steps in respect of their cyber security
Environmental quality - international timber trade (EUTR and FLEGT): Regulations (EUTR and FLEGT) prohibiting the placing of illegal timber and timber products on the EU market
Data sharing - Eurodac: Regulations relating to an EU database containing fingerprints of illegal entrants and asylum applicants
Food Geographical Indications (protected food names): Geographical Indications are a form of intellectual property protection. Under the EU schemes, producers can apply to protect regionally distinct or traditional agri-food products. Once registered, these products are protected throughout the EU against imitation or misuse of their names.
Medical devices: Directives creating a regulatory framework for medical devices ensuring the smooth functioning of the internal market and setting safety and quality standards to protect patients and users.
Migrant access to benefits: Regulations ensuring that EU migrants and their family members to be treated equally with UK nationals as regards benefits
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: The Data Protection Directive 1995 specifies that a Member State must have one or more public authority responsible for monitoring the application within its territory of the provisions adopted in this Directive.
Radioactive source notifications and transfrontier shipments of radioactive waste: Regulation to ensure that shipments of radioactive sources between Member States are controlled and documented, using a prior declaration system for the safe storage, use and disposal of these radioactive sources
State aid: Regulations and prohibiting state aid by EU Member States and creating a framework for assessing compatibility of aid with the internal market, investigating and making complaints about allegedly unlawful aid and creating exemptions for certain categories of aid.
Vehicle standards - various type approval: Directives and regulations setting standards for vehicles and components on the road, including rules for agricultural vehicles, motorcycles, non-road mobile machinery, emissions targets for different types of vehicle, and tyre labelling