Could the UK influence EU regulations behind closed doors?

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    Regulatory cooperation in seemingly technical meetings and without Parliament’s democratic scrutiny might influence EU legislation, according to a policy paper commissioned by the Greens in the European Parliament.

    It gives the example of Canada that tried to influence, among other issues, the EU’s hazard-based approach inside CETA‘s regulatory committees. Documentation on this was disclosed at the request of Foodwatch Netherlands.

    This should inform the implementation of the Brexit deal, according to law Professor Dr. René Repasi who wrote the paper.

    Within the framework of EU-UK technical regulatory cooperation, the parties may (1) inform each other about legislative proposals or review and (2) to the extent feasible, consider each other‘s approach on the matter, (3) provide information and discuss regulatory measures.

    Such an “early exchange of regulatory plans can also mean that the contracting parties have an influence on draft regulation at a time before the European legislator has received these drafts”, said Repasi.

    Therefore, he proposes the appointment of a permanent European Parliament representative to the regulatory cooperation committees, who should be present in the room and get early access to the discussions.

    Professor Dr. Rene Repasi policy paper on Options for a stronger parliamentary involvement in the implementation of the TCA with the UK
    Foodwatch Netherlands report (2020)
    EU–UK TCA text, Article GRP.12 on Regulatory cooperation activities, page 193

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