The Prohibition on Quantitative Restrictions (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c) and (e) and 8(3)(a) of the European Union (Withdrawal) Act 2018) arising from the withdrawal of the UK from the European Union.

These Regulations provide that provisions on the prohibitions on quantitative restrictions on imports and exports which continue as directly effective rights in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018, should cease in England, Wales and Scotland. Those provisions derive from the Treaty on the Functioning of the EU, the Agreement on the European Economic Area, the Agreement between the European Economic Community and the Swiss Confederation signed at Brussels and the Agreement establishing an Association between the European Economic Community and Turkey signed at Ankara. The Regulations make an exception allowing for the continuation of rights under the doctrine of exhaustion of intellectual property rights (see the Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.