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Goldplating

The Government has adopted Guiding Principles for EU legislation that it will use when introducing European measures into UK law. These will end so-called “gold-plating” so that British businesses are not put at a disadvantage relative to their European competitors.

The key to the new measures will be the principle of copying out the text of European directives directly into UK law. The direct ‘copy out’ principle will mean that British interpretations of European law are not unfairly restricting British companies.

The new measures are part of a wider Government policy to tackle EU regulations including by working with business organisations to prioritise proposals in the European Commission’s legislative work plan for 2011 and beyond, working closely with other European countries to push for more outcome-focused EU regulation, and improving how evidence is used by the European Parliament and Council.

The key elements of the principles are:

Work on the implementation of an EU directive should start immediately after agreement is reached in Brussels. By starting implementation work early, businesses will have more chance to influence the approach, ensuring greater certainty and early warning about its impact.
Early transposition of EU regulations will be avoided except where there are compelling reasons for early implementation. This will ensure that British businesses are not put at a disadvantage compared with their European counterparts.
Always use copy out for transposition where it is available, except where doing so would adversely affect UK interests eg by putting UK businesses at a competitive disadvantage compared with their European counterparts. If departments do not use copy out, they will need to explain to the Reducing Regulation Committee the reasons for their choice.
A statutory duty will be placed on ministers to conduct a review of domestic legislation implementing a European directive every five years. This will allow businesses to influence any necessary improvements based on their own practical experience of applying the rules.

Read more about the Guiding principles of EU legislation

The BRE has also published ‘Reducing Regulation Made Simple' which sets out how we are implementing the Coalition Agreement commitments and how, over the course of this Parliament, we will reduce the quantity and improve the quality of regulation.

Read more about Reducing Regulation Made Simple (PDF, 292 Kb) .

Policy guidance

Following the December 2010 announcement of Guiding Principles for EU legislation, the BRE has published Transposition Guidance to ensure Directives are effectively implemented in line with the Guiding Principles:

Transposition Guidance - How to implement European Directives effectively (PDF, 183 Kb)

BRE is currently developing Guiding Principles for the negotiation of EU legislation, which will be made available here later this year. In the meantime the 2007 Transposition Guide includes processes for the negotiation of EU legislation:

Transposition guide (2007) (PDF)

Davidson Review

In 2006, a review by Lord Neil Davidson QC examined whether the ‘gold-plating’ or over-implementation of European Union (EU) regulations were adding to the administrative burden for UK businesses.