What are the steps in the process to introduce the TPD into UK law?
The following steps detail the process for introducing the TPD into UK law:
Step 1:The relevant UK government department consults with government stakeholders.
Step 2: The department identifies the aims of the TPD and Article 20 and the relevant UK policies, and how the two will be brought into harmony so that transposition does not go beyond the minimum requirements of the TPD or create unintended consequences or an unnecessary risk of infraction in the UK.
Step 3: The department writes to the Reducing Regulation Committee (RRC) and Secretaries of State for any other affected departments detailing its intended plan for transposition.
Step 4: The department carries out a consultation to seek the views of industry stakeholders on the options for transposition, taking into account the RRC’s responses to the initial project plan, and including an impact assessment.
Step 5: The department revises plans for transposition according to the results of the consultation and seeks Cabinet Committee clearance for all consultation documents.
Step 6: The department completes plans for transposition, ensuring all steps are complete before the legal deadline set in the EU legislation, and notifies the European Commission once complete.
Can the UK disregard the TPD rules?
The UK and other member states can’t ignore the TPD regulations, but they can challenge them if they doubt the EU’s legitimacy in making them. If the challenge was valid – for example, if a rule did not meet the objectives of the Treaty on European Union (TEU) – then the UK courts may be able to suspend its implementation.
What would happen if the UK government didn’t transpose the TPD?
Failure to transpose the TPD into UK law by the EU’s deadline could have resulted in action against the UK government in both national and European courts.
Under the TEU, the European Commission can bring infraction proceedings before the European Court of Justice if a member state doesn’t comply. If the member state fails to correct the infraction, the Commission may take further action by either charging a lump sum or fining the member state on an ongoing basis. The UK has not yet had such an action brought against it.