Explanatory note

These Regulations are made in exercise of the powers in section 8(1) of and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 (c.16), in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, under sections 8(2)(a) and (b)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations revoke two EU instruments. The first (Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010) (the “CEF Regulation”) established the detailed conditions, methods and procedures for the provision of EU financial assistance to trans-European networks in order to support projects in the transport, energy and telecommunications sectors. The second (Commission Delegated Regulation (EU) 2016/1649 of 8 July 2016 supplementing Regulation EU No 1316/2013 of the European Parliament and of the Council establishing the Connecting Europe Facility) is supplemental to the CEF Regulation.

Regulation 2 sets out, with reference to the Schedule, the EU instruments revoked by these Regulations.

Regulation 3 sets out transitional provisions, which will allow the Secretary of State to give financial assistance if the European Commission does not fund UK projects in accordance with the CEF Regulation from exit day, and sets out savings provisions in relation to amendments made by the CEF Regulation to a separate EU Regulation (Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight).

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.