HCOTEG21000 – Law Background: EC legislation

Introduction

The European Community (EC) was founded through its treaties. These are the primary source of Community Law. All other sources of Community Law are secondary or derived. They originate from powers conferred on the institutions by the treaties, and quote the relevant article(s) on which they are based in the pre-amble.

Regulations have general application throughout the whole community. They are binding in their entirety and directly applicable in each member state.

Directives are binding as to the results required, but they leave it instead to the national authorities of each member state to choose the forms and means to achieve those results. In the UK this is usually by means of an Act of Parliament or a SI.

However a member state may not necessarily implement all the terms in a Directive providing it obtains a Derogation from the EC. Derogations will only be considered where the Directive concerned allows for a derogation to be made. For example, until November 2008 the UK currently holds an ‘extended’ derogation which allows pleasure craft to continue to use rebated fuel.

Where to find details of EC legislation

All Regulations and Directives made by the EC are published in the Official Journal. Details of existing EC Legislation may be found on the internet via the gateway to the European Union www.europa.eu and by selecting ‘documents’, ‘European Law’ and then by searching Eur-Lex. Details of selected EC Legislation may also be found in either the Customs ‘Red’ or the Excise ‘Blue’ Books published by LexusNexis Tolley.

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)

(This text has been withheld because of exemptions in the Freedom of Information Act 2000)