Preserved EU law

The European Union (Brexit) (Bailiwick of Guernsey) Law, 2018 (Brexit Law) “preserved” in the domestic law of the Bailiwick certain EU provisions which had effect in the Bailiwick immediately before “exit day” (being the end of the Transition Period at 11pm GMT on 31 December 2020). The Transition Period followed the UK’s withdrawal from the EU at 11pm GMT on 31 January 2020. During the Transition Period, EU legislation which had effect in Guernsey during the UK’s membership of the EU continued to apply under the terms of the Withdrawal Agreement, which included new amendments made in the EU. The effect of the Brexit Law is that EU provisions having effect in the Bailiwick continue to have effect after exit day. The schedule to the European Union (General Provisions) (Brexit) (Bailiwick of Guernsey) Regulations, 2020 (Brexit Regulations) contains a statement of the Policy & Resources Committee specifying examples of Preserved EU law in relation to agri-foods which is one of the main areas of Preserved EU law owing to the terms of Protocol 3.

Although certain EU provisions continue to have effect in the Bailiwick as Preserved EU law, amendments made to EU legislation by the EU since 11pm on the 31 December 2020 do not automatically apply to the Bailiwick (unless legislation specifically provides for this). Instead, the Bailiwick, or an island of the Bailiwick, may make its own amendments to the Preserved EU law or disapply it. Also, any item of Preserved EU law must be read subject to the provisions of the Brexit Law and the Brexit Regulations which make provision to ensure the continued operation of Preserved EU law following the end of the Transition Period, including specifying how certain provisions are to be read. These general provisions are subject to any specific amendments made to an item of Preserved EU law.

In the future, specific amendments to Preserved EU law will be treated by Guernsey Legal Resources in the same way as amendments to other pieces of legislation, that is the amendments will be published on the recent changes page as soon as possible and when bought into force those amendments will be reflected in consolidated texts of the legislation which will be accessible via this page.  

Footnotes  

In Bailiwick legislation, items of Preserved EU law are referred to as “the item of Preserved EU law entitled Preserved [title of EU provision]”, and are footnoted in this way –

Taking the EU Plant Health Regulation (Regulation (EU) 2016/2031) as an example of an EU provision which applied throughout the Bailiwick before exit day, the relevant item of Preserved EU law is referred to as “the item of Preserved EU law entitled Preserved Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants”, and would have the footnote “PEUL (BoG)(RG) 2016/2031”.

The texts of Preserved EU Law which have been prepared to date can be accessed via the links below:

Plant Health

Transfrontier Shipment of Waste





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