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Implementing decision meaning

Published by a LexisNexis EU Law expert
What does Implementing decision mean?
An implementing decision is an EU instrument used to put an existing EU legislative act into effect by setting uniform, practical conditions for its application. In legal practice it is a binding, non‑legislative implementing act, usually adopted by the European Commission (and in some cases the Council) under Article 291 TFEU and Regulation (EU) 182/2011 (comitology). A Commission Implementing Decision is addressed to one, several or all Member States, or to specific persons, and is binding on those addressed. It is typically used for technical measures, approvals, listings, and equivalence or adequacy findings needed to operate a basic (legislative) act. The concept and effects derive from EU law and case law rather than UK domestic statute. In Ireland it applies directly and is enforceable in national law. In England & Wales and Scotland, EU implementing decisions ceased to apply at the end of the transition period but may form part of retained (now “assimilated”) EU law if they were operative and saved, and remain relevant where UK legislation or contracts cross‑refer to them. In Northern Ireland, certain implementing decisions continue to apply under the Windsor Framework where listed.
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View the related Checklists about Implementing decision

CHECKLISTS
UK financial sanctions: OFSI licence applications—practitioner checklist from pre-application to post-approval compliance

Checklist The Office of Financial Sanctions Implementation (OFSI), a part of HM Treasury, is responsible for communicating, implementing and enforcing financial sanctions in the UK. It also holds powers to grant licences that permit an activity or transaction which would otherwise be prohibited under the UK financial sanctions regime. OFSI may only issue licences connected to financial sanctions. If your application concerns a different sanction, such as trade or immigration, you must send it to the appropriate Department. See further Practice Note: Understanding the financial sanctions regime. This Checklist brings together the requirements for applying to OFSI for a financial sanctions licence, alongside recommendations to help make your application faster and easier. These are drawn from multiple sources, including the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and regulations made under it, various OFSI guidance materials, and guidance from the Solicitors Regulation Authority (SRA). This Checklist also signposts relevant content to support compliance with these requirements and suggestions. A section is provided for you to indicate completion...

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CHECKLISTS
EU Central Securities Depositories Regulation timeline: T+1 shift by 2027, settlement discipline/penalties and Refit RTS/ITS (2024 onwards)

This timeline summarises significant updates linked to Regulation (EU) 909/2014 (the EU Central Securities Depositories Regulation) from January 2024 onwards. For prior milestones, see Central Securities Depositories Regulation (CSDR)-timeline [Archived]. 2025 3 December 2025 - ESMA - Consultation Paper Draft Regulatory Technical Standard revising Commission Delegated Regulation (EU) 2017/390 supplementing Regulation (EU) No 909/2014 on prudential requirements for central securities depositories and designated credit institutions providing banking‑type ancillary service. The EBA seeks views on proposed amendments to the RTS for CSDs and designated credit institutions delivering ‘banking‑type ancillary services’. The changes mirror CSDR Refit updates, in particular enabling banking CSDs to offer such services to other CSDs. Submissions are invited by 3 March 2026. 21 November 2025 - European Commission Commission Implementing Regulation (EU) 2025/2338 of 20 November 2025 amending Implementing Regulation (EU) 2016/100 laying down implementing technical standards specifying the joint decision process with regard to the application for certain prudential permissions...

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NEWS
Energy law and regulation weekly update: codes reform, NESO Ten Year Statement, Capacity Market amendments, Ofgem consultations, North Sea M&A guidance, hydrogen and CCUS milestones—30 January 2025

In this issue: Electricity and gas market regulation and licensing Networks and network connections Capacity Market, balancing services and energy system flexibility Oil and gas Air emissions, efficiency, and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ publishes Secretary of State’s designation of energy codes and central systems DESNZ has released a designation notice from Secretary of State for Energy Security and Net Zero, Ed Miliband, setting his decision to designate specified energy codes and central systems as qualifying documents and central systems for the purposes of Schedule 12 to the Energy Act 2023. This designation enables Ofgem to use its transitional powers to deliver reform of energy code governance. See: LNB News 29/01/2025 44...

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NEWS
GB energy regulatory update—TPIs regulation, SoLR Levy Offset, early competition and OHA pilot, DCC licence decisions, EU Energy Efficiency Directive guidance—26 September 2024

In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility International energy Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ launches consultation on regulating TPIs in the retail energy market The Department for Energy Security and Net Zero has opened a consultation to bring Third Party Intermediaries in the retail energy market under regulation, bolstering consumer protection and aiding the shift to a cleaner energy system. Triggered by cases of consumers and businesses being targeted by unregulated rogue brokers and other TPIs, this forms part of the government’s ongoing support for Ofgem to develop an effective market for non-domestic customers, alongside implementing recommendations from Ofgem’s July 2023 non-domestic policy consultation. The consultation closes on 15 November 2024. See: LNB News 20/09/2024 36. Ofgem launches statutory consultation on SoLR Levy Offset...

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NEWS
UK Public Law Weekly Briefing: Brexit and assimilated law reforms, key SIs, judicial review, procurement, human rights, data, and subsidy control developments (21 November 2024)

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/EU TCA Partnership Council decision (COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour government’s approach following the 2024 general election. The second statutory report, published in July 2024, notes that of the 6,735 items of retained EU law (REUL)...

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PRACTICE NOTES
UK life sciences: 2017 legal review and 2018 outlook—Brexit and EMA relocation, GDPR, Clinical Trials, Medical Devices, Accelerated Access Pathway, SPCs and Arrow declarations

This year’s annual round-up surveys key developments from 2017 and sets out what is on the horizon for 2018. It covers: the decision to relocate the European Medicines Agency the delay to implementing the new Clinical Trials Regulation preparations for the new Medical Devices Regulations the Life Sciences Sector Deal the forthcoming application of the General Data Protection Regulation the introduction of the Accelerated Access Pathway It also includes updates on Lexis®+ UK’s content, highlighting notable developments from the past year and what is coming in the next 12 months. Reviewing 2017 Brexit What happened? On 20 November 2017, Amsterdam was selected as the new home of the European Medicines Agency (EMA) following Brexit. What are the practical implications? The move of the European medicines regulator from London to Amsterdam has several practical implications. To begin with, EMA operations will be affected as staff are reassigned to prepare for the relocation, and as...

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PRACTICE NOTES
Saudi Arabia: Recognition and Enforcement of Domestic and Foreign Arbitral Awards—Procedures, Jurisdiction, Grounds for Refusal, Fees, and Rules for Government Entities

This Practice Note reviews how courts in the Kingdom of Saudi Arabia (KSA, Saudi, Saudi Arabia) recognise and enforce both local and international arbitral awards under Saudi law. The relevant legal framework The Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), and grounded in the UNICTRAL Model Law on International Commercial Arbitration. Under Article 2, it governs arbitrations seated in Saudi Arabia, and also proceedings conducted abroad where the parties have designated the Arbitration Law as the governing law of the arbitration. The Implementing Regulations of the Arbitration Law, issued pursuant to Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law). The Enforcement Law, enacted by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law). The Implementing Regulations of the Enforcement Law, issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the Enforcement Law). Saudi Arabia’s 1994...

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PRACTICE NOTES
Saudi Arabia arbitration: interim and precautionary measures—tribunal authority, court intervention, SCCA emergency arbitrator and enforcement strategies

This Practice Note reviews the availability of interim and/or emergency measures within, and in aid of, arbitration proceedings under the law of the Kingdom of Saudi Arabia (KSA, Saudi or Saudi Arabia). The relevant legal framework Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law applies to arbitrations seated in Saudi Arabia and, where the parties agree, to proceedings seated abroad as the governing law of the proceedings (Arbitration Law, Article 2) Implementing Regulations of the Arbitration Law, issued by Cabinet of Ministers’ decision number 541 on 22 May 2017 (the Implementing Regulations of the Arbitration Law) Enforcement Law, issued by Royal Decree No. M/53 dated 30 July 2012 (the Enforcement Law) Implementing Regulations of the Enforcement Law, issued by Cabinet of Ministers decision number 526 on 9 November 2017 (the Implementing Regulations of the Enforcement Law) Saudi accession to the New...

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PRECEDENTS
Template clause incorporating the 2021 EU SCCs Module Two (controller-to-processor), with selectable options and Annexes I–III placeholders for EU GDPR international data transfers

1 In this [ clause ], 2021 EU SCCs refers to module two (controller to processor) of the standard contractual clauses specified in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] must fulfil the data importer’s duties, and the [ Exporter Party ] must fulfil the data exporter’s duties, as further detailed in the 2021 EU SCCs, which are hereby incorporated by reference and form part of this Agreement...

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PRECEDENTS
Precedent clause (EU GDPR) to incorporate 2021 EU SCCs Module Four (processor-to-controller) into agreements, with Annex I particulars, optional provisions, governing law and jurisdiction

1 In this [ clause ], 2021 EU SCCs refers to module four (processor to controller) of the standard contractual clauses set out in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] shall adhere to the data importer’s obligations, and the [ Exporter Party ] shall adhere to the data exporter’s obligations, set out in the 2021 EU SCCs, which are hereby integrated into and constitute part of this Agreement...

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PRECEDENTS
EU GDPR precedent clause: incorporating 2021 EU SCCs Module One (controller-to-controller) into agreements, with Annex details, optional terms, competent supervisory authority, governing law and jurisdiction choices

1 In this [ clause ], for clarity, 2021 EU SCCs refers to module one (controller to controller) of the standard contractual clauses contained in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] must meet the data importer’s obligations, and the [ Exporter Party ] must meet the data exporter’s obligations, as described in the 2021 EU SCCs, which are hereby incorporated into and constitute part of this Agreement...

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Q&As
After LPA quashes permission for neighbour notice failure: notify all neighbours or only those omitted?

Before reaching a decision on a planning application, a local planning authority (LPA) must run a consultation period to gather opinions on the proposed development. This encompasses public consultation. It is open to all members of the public, who may submit representations. To make that process work, the LPA is required to publicise the planning applications it receives. Statutory provisions Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) enables a development order to require that notice is given of any application for planning permission and to make provision for publicising such applications, and it bars an LPA from considering an application unless those requirements are met by virtue of that section. The Town and Country Planning (Development Management Procedure) (England) Order 2015, (TCP(DMP)(E)O 2015), SI 2015/595 is the current development order in England, which sets out the minimum statutory requirements governing the publicity of planning applications. The principal requirements are found in (TCP(DMP)(E)O 2015), SI 2015/595, art 15...

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