Brexit and food additive authorisation procedures Friday, May 7, 2021
The European Union (Withdrawal) Act 2018, as amended by the European Union Withdrawal Agreement Act 2020, created a new category of domestic law called ‘Retained EU Law’, which includes, among others, EU derived domestic legislation – e.g.: UK national law adopted to implement EU Directives, and direct EU legislation – in particular EU Regulations.
The EU (Withdrawal) Act 2018 converts existing EU law into domestic law and preserves UK laws adopted to implement EU obligations, meaning that, generally, the same rules and laws continue to apply. However, a significant proportion of retained EU law contains some provisions that do not function effectively or are otherwise deficient now the UK leaves the EU. For this reason, the European Union (Withdrawal) Act 2018 includes a power to enable ministers to correct problems arising from the withdrawal (e.g.: reference to EU common market or to EU Memb