Slowly, slowly, the body of UK law is becoming different from that of the EU. These trends are being closely monitored by academic think tank UK in a Changing Europe (UKICE), which publishes a quarterly tracker detailing the developments.
UKICE highlights several types of divergence, including:
- Active: where the UK changes its rules.
- Passive: where the EU changes its rules and the UK does not follow.
- Active alignment: where the UK moves to align more closely with EU rules.
The EU and UK elections are affecting law reforms differently
The latest tracker was published on 11 April. UKICE found that whereas the EU is going into ‘legislative overdrive’ to complete reforms before its June elections, by contrast the UK’s legislative agenda has almost ground to a halt before its own election.
EU reforms are focused on removing environmental and human rights infringements; strengthening employment rights for tech company workers; and imposing environmental standards like packaging recyclability targets, and ‘repair-not-replace’ rules.
These reforms will force large companies operating in the EU to adhere to a wide range of new rules to protect employees and the environment.
The EU surges forward
It is clear that the EU legislative body is moving proactively and quickly. There is an emphasis on moves to protect people and the environment by banning human rights and eco violations.
The EU has slightly ‘watered down’ some legislation due to the resistance of individual member states or farming representatives. Now there is a special effort to ensure they pass into law before the early June elections.
The UK however, has very little of note in progress, the law to create the first smoke-free generation being the most significant.
If the UK does not align
The UK will find it necessary to fully align with EU standards on food and goods to be able to sell into the EU market. Access is conditional on compliance with new standards, for example severing links with suppliers who use forced labour. Having independent, divergent British standards is not realistic.
Britain has failed to outlaw 36 harmful pesticides banned in the EU. We still export 60% of our food products to the EU, but our standards are falling behind theirs. The likelihood of damage to British farming is great. Liz Webster, founder of campaign group Save British Farming, recently made a plea for the UK to align with EU regulations.
Food is highly regulated. If the EU bans an ingredient and the UK doesn’t, it could mean manufacturers who sell in both markets making two separate products, or one if it meets EU standards.
The latest changes
Active divergence
The UK is making five law changes that the EU has not:
- Restrictions of unfair trading practices: e.g. posting fake online reviews
- Consumer rights: permitting delayed processing of payments where fraud is suspected
- Withdrawal from the Energy Charter Treaty, like some other EU members
- Banning disposable vapes and outlawing the sale of cigarettes to those born after 2008
- Taxation: removal of tax relief for orchestras touring Europe
Passive divergence
The EU is making 15 law changes that the UK is not:
- Common Agricultural Policy review to ease burdens on farmers
- Restrictions on using ‘forever chemicals’ in clothing and food packaging
- Climate: introducing an intermediate 2040 target
- Breakfast directives: sugar reductions on products like honey, cereal, juice, jam
- The EU Digital Markets Act imposing competition rules on companies like Apple
- Five environmental directives, on Wastewater Treatment, Packaging Waste, ‘Right to Repair’, Deforestation-free Products and Mercury Regulation
- Financial Services: amending rules on clearing houses
- Corporate Due Diligence: holding companies accountable for supply chain violations
- Regulations on products made with forced labour
- Platform Work Directive to strengthen working conditions for Uber and Deliveroo riders
- Economic security initiatives e.g. on controlling AI
Active alignment
The UK government has determined to align with EU law on:
- Equivalence of EEA investment funds
- Co-operative new working arrangement on joint policing of irregular migration
- Extending use of CE mark for product standards
Looking forward
Labour has promised if elected to align more closely with some EU rules, but it won’t stop the UK regulatory system on the whole drifting away in time. And for those who hope that the country will join the EU again, the drift from EU regulatory standards would only delay the process. However, there may be a glimmer of hope. Last autumn, ahead of the Labour party conference, business leaders made it clear they want to see a future Labour government adopt a policy of “beneficial alignment“. That would involve “alignment with EU standards and regulations, unless it is explicitly not in the UK’s interests to do so”.
