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On 3rd August 2020, the European Union announced that all industrial and professional users of diisocyanates must receive diisocyanates training by 24th August 2023. This requirement was later retained in British law under GB Retained: Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The Compliance People Consultant Katie Pritchard looks at this important change.
Diisocyanates are commonly used in coatings, adhesives, foams and sealants and are restricted under Annex XVII (‘the Restriction list’) of REACH.
Diisocyanates are considered harmful to human health and are classed as respiratory and skin sensitisers and potential human carcinogens. Exposure can also cause occupational asthma and irritation of the eyes, nose, throat and skin.
From 24th August 2023, all industrial and professional users of diisocyanates must receive general training on the safe use of diisocyanates.
This training must be repeated every 5 years and training records must be retained.
General training must cover:
Certain users of diisocyanates must also receive intermediate and advanced training.
Intermediate training is required for users who:
Advanced training is required for users who:
All industrial and professional users of diisocyanates must receive general training on the safe use of diisocyanates by 24th August 2023. This training must be repeated every 5 years and training records must be retained.
Certain users of diisocyanates may also be required to receive intermediate or advanced training.
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Jurisdiction: Great Britain
Commencement: 1st October 2023
Amends: The Control of Poisons and Explosives Precursors Regulations 2015
These Regulations establish a licensing scheme to control the availability, possession and use of regulated and reportable substances*. Persons applying for a licence will be subject to background security and mental health checks.
The scheme aims to control the sale of substances to the public, making it easier for authorities to detect people trying to buy high risk chemicals.
*Regulated and reportable substances are set out in Section 2 of the Poisons Act 1972.
The competent authority for issuing licences is the Home Office.
Amendment
In Part 2 (Supplies of substances involving despatch to Northern Ireland or export from the UK: modification of section 3A of the Act), references to licences that have been issued under the now revoked Regulation (EU) 98/2013 on the marketing and use of explosive precursors have been removed.
There are no changes to duties for organisations.
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Jurisdiction: United Kingdom
Commencement: 5th April 2023
Amends: The Gas Safety (Management) (Amendment) Regulations 2023
These Regulations prohibit a person from conveying gas in a network unless they have prepared a safety case which has been accepted by the Health and Safety Executive (HSE) and where any other person is conveying gas in that network, there is a sole network emergency co-ordinator for the network. Schedules 1 and 2 specify the particulars required for safety cases.
These Regulations require safety cases to be revised as often as appropriate. The procedures or arrangements described in a safety case must be followed.
These Regulations impose requirements on certain specified persons such as other gas utility companies, emergency service providers and others to co-operate with a person conveying gas in a network and with a network emergency co-ordinator to enable them to comply with the requirements of the Regulations.
Regulation 7 places duties on emergency reporting service providers to provide an emergency response service for people to report gas leaks to. This regulation also imposes specified duties on utility companies and others with respect to reported gas leaks and incidents and to the investigation of those incidents.
Regulation 8 and Schedule 3 imposes requirements with respect to the characteristics and testing of gas.
These Regulations impose requirements on the making and keeping of safety cases and associated documents.
The Regulations permit the HSE to grant exemptions from the requirements of the regulations.
Amendment
A minor technical change is made to correct an error in The Gas Safety (Management) (Amendment) Regulations 2023.
There are no changes to duties for organisations.
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Jurisdiction: England
Commencement: 6th April 2023
Amends: Building Safety Act 2022 (c. 30)
Various duties apply.
Amendment
The principal accountable person (PAP) must register their higher-risk building with the Building Safety Regulator (BSR) before it is occupied by residents. Failure to do so, without reasonable excuse, is a criminal offence. These requirements apply to England only and come into force on 6th April 2023. To allow for a period of voluntary registration, the offence will not come into force until 1st October 2023.
The BSR is given the authority to decide the way in which the relevant application, request or notice must be given to it.
Part 2 makes provisions about the register of high-risk buildings. It includes information about the content of the register and set out the requirements on the PAP and the BSR in relation to keeping that register up to date. The procedure for removing a building from the register is also included.
Part 3 is focused on the application process. It sets out the registration information requirements, such as details about contact information for each accountable person for that building, a description of the building, and information in relation to building control approvals for that building. It also specifies when an application can be withdrawn and the procedure for requesting a withdrawal.
A fee of £251 must be paid at the time an application to register is made. The BSR will not register a higher-risk building unless the fee for the application has been paid.
Part 4 mainly sets out regulator decisions that may be the subject of a review, who can give notice to the regulator requiring the review, and the information that must be contained in the notice. It also sets out the period of time in which the notice must be sent and by when the regulator must notify the outcome of the review.
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Jurisdiction: Great Britain
Commencement: 6th April 2023
Amends: GB Retained: Regulation (EC) No 1005/2009 on substances that deplete the ozone layer (recast)
Various duties apply.
Amendment
Annex VI of the 2009 Regulation sets out the end-date* for halogen 1211.
*The end-date is the date from which equipment containing halogen 1211 must be withdrawn from use.
An exemption is added for the Airseeker Rivet Joint (RJ) RC-135W aircraft. This aircraft may continue to use portable fire extinguishers and lavatory waste fixed fire suppression systems containing halogen 1211 beyond the specified end-date.
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Jurisdiction: United Kingdom
Commencement: 1st April 2023
Amends: Energy Act 2013 (2013 c.32) with commencement Order and associated Regulations
This Energy Act 2013 (2013 c.32) with commencement Order and associated Regulations sets out the legislative framework that the Government will make Regulations from in the coming years to ensure that the UK will generate enough secure, affordable and low-carbon energy to meet increasing demand. As well as cost and capacity issues, these forthcoming policies also consider the UK’s Climate Change Act 2008 commitments and legally-binding EU renewables targets. The Act introduces Contract for Difference, a key part of the Electricity Market Reform (EMR) programme.
Various duties apply.
The calculations for Contracts for Difference (CFD)* contributions now include green excluded energy**.
*The CFD scheme is a private contract between low-carbon electricity generators and the Low Carbon Contracts Company (LCCC). It is the UK Government’s main mechanism for supporting low-carbon electricity generation.
**Green excluded energy is energy that is imported to Great Britain from an EU Member State that is generated by renewable power.
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Jurisdiction: United Kingdom
Commencement: 1st April 2023, with one section coming into force on 1st November 2023.
Amends: The Environment Act 2021 (Commencement No. 6) Regulations 2023
There are no direct duties for most organisations under this Act. There are duties for the Government, some public bodies and other organisations, such as the OEP. These are described in the Summary above. Where duties have been made that may affect other organisations or businesses, this is through amendments to other legislation which are linked above and in the Updates section of any relevant legislation.
The following sections of the 2021 Act are in force from 1st April 2023.
These relate to the enforcement of fixed penalty notices and enforcement for littering offences. The fines and time period for payment allowed on fixed penalty notices are now variable per offence.
Section 19 (Policy statement on environmental principles: effect) will come into force on 1st November 2023. This section places duties on the Ministers of the Crown under the Environmental principles policy statement.
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On 24th March this year, the United Kingdom (UK) and the European Union (EU) have officially adopted a new Brexit deal for Northern Ireland, known as the Windsor Framework. The framework, which builds on the Northern Ireland Protocol, was designed to address the disagreements between the UK and the EU and make trade between Northern Ireland and Great Britain (GB) easier. The Compliance People consultant Anca Alexa looks at this significant change.
To avoid a hard border between Northern Ireland and the Republic of Ireland after the UK formally left the EU on 31st January 2020, the Withdrawal Agreement and the accompanying Northern Ireland Protocol were signed by both the UK and the EU on 24th January 2020.
The Northern Ireland Protocol has been in place since 1st January 2021, after the end of the Brexit transition period; however, it has led to conflict between the UK and the EU. This is because, under the Protocol, new checks were introduced at Northern Ireland’s ports applying even to GB goods due to remain in Northern Ireland.
After 2 years of negotiations between the EU and the UK to solve the trade frictions between Northern Ireland and the rest of the UK as well as between the UK and the European Single Market*, a new deal, called the Windsor Framework, was reached.
The Windsor Framework, signed and formally adopted on 24th March 2023, is a new legal agreement between the UK and the EU designed to address the disagreements under the Northern Ireland Protocol. Although the Framework makes significant changes to the Protocol, it is important to note that it is not a replacement for it. The Northern Ireland Protocol continues to apply – the difference is that it will operate more efficiently once the Framework is implemented.
*The European Single Market is a single market comprising the 27 EU Member States and, with certain exceptions, Iceland, Liechtenstein and Norway through the Agreement on the European Economic Area, and Switzerland through bilateral agreements.
The key changes to the Protocol are outlined below.
N.B. The changes are not expected to be implemented until autumn 2023 and into 2024 due to the large amount of work required to facilitate the new planned systems.
In conclusion, the new deal aims to address the challenges (e.g. delays and extra costs) faced by many businesses operating in Northern Ireland. The Framework improves on the Protocol in many ways, but some conflicts and objections remain, especially since the Democratic Unionist Party (DUP), Northern Ireland’s largest unionist party, voted against it. The extent of any remaining frictions will depend on how well the new green-red lane system at Northern Irish ports and the rest of the changes will work.
If you want to read more about the Windsor Framework, you can click here to access the full report from the UK Parliament. As for any new legislative changes concerning the Framework that may apply to your organisation, Legislation Update Service subscribers should just continue to keep an eye on your New In Your Register where we will keep you up to date as any changes are made.
A ban on single use plastics is due to come into force from October 2023. Following on from bans such as the 2018 ban on microbeads and the 2020 ban on single use plastic straws, this draft legislation under the title “The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023” aims to continue to minimise environmental plastic pollution.
This ban comes as a follow up from a consultation that ran through from November 2021 to February 2022 with 95% of the responses in favour of the ban. The summary of responses has been published and can be viewed here.
The ban will make it an offense to supply the following:
The current state of the legislation clarifies that this legislation only applies to food and drinks containers, or packaging of items intended for immediate consumption without further preparations. It does not apply to items such as meat packaging or pre-packaged shelf ready items.
The ban is also likely to include packaging made from recycled or biodegradable plastics if they fall under the “single use” definitions.
People or businesses caught supplying these items after the ban has come into force will face a fine. Failure to comply with a compliance notice could result in criminal proceedings being initiated.
The aim of the ban is to try and encourage businesses to develop more sustainable alternatives and to try and reach the goal of eliminating all avoidable plastic waste by 2042.
A copy of the draft legislation can be found here.
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