Moved by
Baroness McIntosh of Pickering
8: After Clause 2, insert the following new Clause—
“Status of EU directives adopted, but not implemented, before exit day
(1) Unless already part of retained EU law under any other provision of this Act, all EU directives adopted but not implemented before exit day, including those listed in subsection (4), remain binding in domestic law, as if the United Kingdom had not left the EU.
(2) In implementing any EU directive under subsection (1) after exit day, a Minister of the Crown may use any power set out in the European Communities Act 1972 as if that Act had not been repealed.
(3) If, through implementing a directive under subsection (2), a situation arises which would be considered a deficiency had it arisen in retained EU law, a Minister of the Crown may use any of the powers set out in section 7 of this Act to remedy that situation as if that directive had been implemented before exit day.
(4) EU directives adopted, but not implemented, before exit day, include—
(a) Recognition of Professional Qualifications Directive (2017/2397);
(b) Fraud (criminal law) Directive (2017/1371);
(c) Accessibility of websites and mobile applications Directive (2017/2102);
(d) Legal aid (suspects, accused persons and those under European Arrest Warrant proceedings) Directive (2016/1919);
(e) Rail safety Directive (2016/798);
(f) Rail interoperability Directive (2016/797);
(g) Safeguards for child suspects in criminal proceedings Directive (2016/800);
(h) Trade marks Directive (2015/2436);
(i) Financial instruments Directive (2014/65);
(j) Cost-effective emission reductions and low-carbon investments Directive (2018/410);
(k) Environmental assessments (genetically modified organisms) Directive (2018/350);
(l) Maritime workers Directive (2018/131);
(m) VAT Directive (2017/2455);
(n) Health and safety (exposure to carcinogens or mutagens at work) Directive (2017/2398);
(o) Passenger ships (safety and standards) Directive (2017/2108);
(p) Passenger ships (passenger registration) Directive (2017/2109);
(q) Passenger ships (inspections) Directive (2017/2110);
(r) Hazardous substances (electronic equipment) Directive (2017/2102);
(s) Tax dispute (resolution mechanisms) Directive (2017/1852);
(t) Hybrid mismatches (third countries) Directive (2017/952);
(u) Weapons (control and acquisition) Directive (2017/853);
(v) Shareholder engagement Directive (2017/828);
(w) Maritime workers (International Labour Organisation) Directive (2017/159);
(x) Tax Avoidance Directive (2016/1164);
(y) Mayotte (status) Directive (2013/64).”