The European Institutions and Consular Protection (Amendment etc.) (EU Exit) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend and revoke the EU legislation that governs the functioning of the institutions of the European Union. They are made in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16) (“EUWA”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (b) and (3)(a)) arising from the withdrawal of the UK from the EU.

Part 2 makes repeals and savings of relevant directly effective treaty rights preserved under section 4(1) of the EUWA. In particular, Part 2 ensures that those rights, which will become redundant as result of the UK’s withdrawal from the EU, cease to apply on exit day.

Part 2 also provides for the saving of various immunities provided under the Treaty on the Functioning of the European Union in respect of actions taken by the relevant persons in an official capacity prior to exit day. Regulation 3 revokes, amongst other provisions, provisions relating to the rights of EU citizens to receive (and obligations of Member States to provide) consular or diplomatic protection in the territory of third countries in which the Member State of which they are nationals is not represented.

Part 3 makes amendments and revocations in respect of three EU regulations preserved under section 3 of the Act which will become redundant on and after exit day so as to ensure that they continue to apply to direct retained EU law in their amended form after exit day.

In particular, regulations 9 and 10 amend EU regulations relating to references to the official languages of the European Union while regulation 11 amends the EU regulation relating to the rules on the interpretation of time periods in EU law.

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