European Union: Transposing The Bureaucracy Of The EU Into The UK Civil Services

Last Updated: 5 December 2017
Article by John Cassels, George McLellan and Anatol Poyer-Sleeman

Clause 2(1) of the European Union (Withdrawal) Bill 2017-19 (known as the Great Repeal Bill), which passed its second reading in the House of Commons on 11 September, provides that EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day. And yet the majority of EU institutions and agencies which constitute the EU bureaucracy, and which are empowered by EU law to carry out the functions of EU-derived legislation, will cease to have jurisdiction to carry out those functions for the purposes of the UK.

Fieldfisher's Regulatory Group has taken a bird's eye view of the EU agencies to address the extent to which UK civil services will be required to pick up the administrative tab on exit day.

While we have summarised many of the key learning points from our analysis, if you would like to gain access to the assessment report, please email John Cassels, and/or George McLellan in the Regulatory Group.

Summary facts

  • Virtually all of the functions of the central institutions of the EU will be redundant for UK-purposes following Brexit and their functions will be repatriated to their UK equivalents. However, there remains some possibility that the UK will need to continue to recognise the jurisdiction of the CJEU to arbitrate over some matters arising out of the UK's re-negotiated participation in various EU agencies.
  • Active strategic partnerships will be required between at least 7 EU agencies and the UK. This is for EU agencies whose functions cannot be effectively de-centralised. In each of these cases our view is that active mutual cooperation is essential for both the UK and the EU, for example to ensure air safety, security, and the transit of electricity and gas.
  • The functions (or some of the functions) of around 28 EU agencies will need to be repatriated to equivalent authorities in the UK. In these cases, the UK authorities will be required to introduce new remits and/or will pick up regulatory responsibility currently held by EU agencies. In some cases, the UK agencies may be required to maintain compliance with EU regulation through adopting changes to relevant EU law into the UK.
  • Our analysis suggests around 21 EU agencies will be completely redundant for UK purposes following Brexit, representing about £471 million in UK budgetary contributions annually. In some instances, existing UK agencies may establish formal information sharing arrangements with some of these EU agencies, but for the most part there would be no need for active participation by the UK agency into the activities of the EU agency (or vice versa).
  • We have estimated that the UK's budgetary contributions to the administrative functioning of the EU institutions and agencies identified in our table totals around £620 million annually. Of this total, around £471 million may be considered redundant expenditure for UK purposes following Brexit. The UK contributes about £35 million annually towards the administrative budgets of EU agencies with which strategic partnership will be necessary following Brexit, and it is likely that the UK will need to continue making substantially similar contributions. The remaining administrative expenditure, comprising £114 million annually, constitutes the UK's contribution to EU agencies whose functions will need to be repatriated to their UK counterparts.

The known legal framework

Two paragraphs of the Department for Exiting the European Union's (DExEU) February 2017 policy paper, The United Kingdom's exit from and new partnership with the European Union White Paper, discuss future status and arrangements with regard to how the UK will carry on the functions and work of EU agencies for UK-purposes post-Brexit. In summary, the white paper says: i) there are a number of EU agencies which are established to enforce particular regulatory regimes, for pooling knowledge and for information sharing; and ii) the UK Government will discuss the future status and arrangements with regard to these agencies through the Brexit negotiation process.

The Great Repeal Bill deals with the mechanics of how the functions of EU agencies will be dealt with in the Brexit process. In particular, cl.7(1) and (2) enables a Minister to make regulations in order to prevent, remedy or mitigate any deficiency in retained EU law arising from Brexit, including deficiencies which arise because the EU law confers functions on EU entities which no longer have functions in the respect conferred for UK purposes. Clause 7(5) goes on to empower Ministers to provide for functions of EU agencies to be i) instead exercisable by a public authority (whether or not newly established or established for the purpose) in the UK, or ii) replaced, abolished or otherwise modified.

Purpose and methodology

We set out intending to provide the most basic overview of all the institutions, agencies and organisations that together constitute the bureaucracy of the European Union (EU); the purpose being to consider how their respective functions may be repatriated into the United Kingdom's civil services following Brexit.

Clearly, summarising all of the remits administered within the EU's extensive regulatory environment, and usefully identifying how that same functionality may be preserved in a way that will secure the United Kingdom's post-Brexit future was easier said than done (as we trust the same has been the realisation of thousands of civil servants in Whitehall and across the EU).

In any event, we have prepared a table identifying all entities broadly comprised within the EU, and identifying:

  • each EU agency's basic function and role
  • what we have identified as each agency's UK equivalent
  • any statements made about Brexit by either the EU agency or UK equivalent
  • the budget allocated to each agency by the EU budget
  • our estimate of the budget appropriated by each agency that may be tied to the UK's contribution
  • our view on how the functions of each agency will be taken care of for UK purposes following Brexit, in particular:

    1. for some EU agencies, the UK's ongoing active involvement will be essential following Brexit
    2. we consider a few EU agencies functions will be redundant for UK purposes following Brexit
    3. in many cases, a new or existing UK agency will need to pick up some or all of the functions currently performed by their EU counterparts

Summary findings

There are about 7 EU agencies with whom the UK's continued partnership will be essential following Brexit. Such agencies, as recognised in DExEU's white paper, include those which regulate aviation safety, maintain electricity transfer arrangements, and deal with energy regulation, data protection, defence policy, policing, and approaches to security and environmental policy. These agencies tend to manage either infrastructure or regulation that has an essential cross-border element. In these cases, the extent of the cross-border element renders centralisation of some aspect of their bureaucratic function to be essential for both the UK and the member states of the EU.

For a number of other EU agencies, although ongoing partnership may not be essential in order to maintain safety or economic functionality, it will be necessary for UK-based agencies to pick up the functions and remits of their European counterparts. The extent to which functions and remits will need to be repatriated varies in degree. The UKIPO, for example, will need to continue to share information with the EU IPO, as it would with any other intellectual property office around the world. However, aside from being of assistance to one another, the two will be able to divide their functions and co-exist without active input of either into the functions (or budgets) of the other. At a different degree, if the UK wishes to continue to observe Community Plant Variety Office (CPVO) functions, it will need to resource either a new or existing UK agency to replicate the relevant functions of its EU counterpart.

There are also EU agencies whose functions will be wholly redundant for UK-purposes after Brexit. For example, although the goings on at the EU Authority for European Political Parties and European Political Foundations (APPF) may continue to be of interest to the UK's Foreign & Commonwealth Office after Brexit, the UK will not be required to establish a new alternative. Likewise, many UK departments and agencies may have existing translation services, though it is fair to say that the functions carried out by the Translation Centre for the Bodies of the European Union will not need to be repatriated to a UK agency.

Publicly, while the overall approach of the UK Government to the Brexit process and the UK's status afterward (in terms of customs, trade, immigration, etc.) remains quite uncertain; uncertainty is particularly acute in respect of the dozens of EU agencies which carry out the bureaucratic functions required by EU law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
John Cassels
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions