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Jurisdiction: United Kingdom
Commencement: 12th December 2022
Amends:
The Regulations prohibit the storage of carbon dioxide in the water column. The Regulations set out the procedure for applications for ‘appraisal’ times and ‘storage permits’. A list is required to be kept of those with permits.
The Regulations put in place requirements for the closure and post-closure plans for those with storage permits.
The Environmental Damage (Prevention and Remediation) Regulations 2009 have been amended so as to include the Directive on Carbon Capture and Storage.
Minor technical changes are made to replace references to the EU Emissions Trading System Directive with references to The Greenhouse Gas Emissions Trading Scheme Regulations 2012 and The Greenhouse Gas Emissions Trading Scheme Order 2020.
References to ‘exit day’ are replaced with references to ‘IP completion day’.
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Jurisdiction: Republic of Ireland
Commencement: 11th November 2022
Amends:
The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
Existing Article 22 of the Planning and Development Regulations 2001 is amended to include conditions for planning applications where the applicant is not the legal owner of the land.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: Great Britain
Commencement: 31st December 2022
Amends:
The transitional provisions introduced by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019, as amended by The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022, are extended by 5 years. These Regulations apply to Great Britain (GB) and come into force on 31st December 2022.
The transitional provisions apply to relevant ammonium nitrate material imported into Great Britain within 7 years from `IP completion day`*.
IP completion day* means 31st December 2020 at 11.00 p.m.
There are no changes to duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 31st October 2022
Amends:
The remaining provisions of the Environmental Protection Agency Act (Registration of Coal Bagging Operators and Solid Fuel Suppliers) Regulations 2012 are revoked.
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Jurisdiction: Republic of Ireland
Commencement: 1st November 2022
Amends:
The Building Regulations 1997 to 2022 set out the requirements to be observed in the design and construction of new buildings and the extension, refurbishment and change of use of certain buildings. The Regulations consolidate, with amendments, provisions of the Building Regulations 1991, and the Building Regulations (Amendment) Regulations 1994. The Regulations came into operation on the 1st of July 1998.
The original building Regulations are separated into 12 sections, some of which have been amended since 1997:
Part A — Structure
Part B — Fire safety
Part C — Site preparation and resistance to moisture
Part D — Materials and workmanship
Part E — Sound
Part F — Ventilation
Part G — Hygiene
Part H — Drainage and waste water disposal
Part J — Heat producing appliances
Part K — Stairways, ladders, ramps and guards
Part L — Conservation of fuel and energy
Part M — Access for disabled people
Additional requirements were added to these Regulations by the European Union (Energy Performance of Buildings) Regulations 2021 which can be found in the updates section below.
New buildings, existing buildings that are not dwellings (except where specified below), and buildings undergoing major renovation are now subject to the following requirements.
Building automation and regulation
Electric vehicle charging points
Ducting infrastructure for electric vehicle charging points
To enable the installation of electric vehicle recharging points, certain buildings containing at least one dwelling must have installed ducting infrastructure (consisting of conduits for electrical cables) for each car parking space.
For new multi-unit buildings, the requirement applies if the parking space is located inside the building or within its courtyard.
The requirement also extends to existing multi-unit buildings undergoing major renovation if the renovations include:
For new dwellings (not part of a multi-unit building), the requirement applies where the parking space is located in the courtyard of the dwelling.
N.B. This amendment applies to construction / renovation works that start on or after 1st November 2022.
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Jurisdiction: Republic of Ireland
Commencement: 31st October 2022
Amends: New Legislation
These Regulations set out restrictions on the sale and distribution of solid fuels* and impose duties on producers and retailers of solid fuels.
*Solid fuels are solid substances, such as wood or coal, that are burned to produce heat.
These Regulations apply only to solid fuels intended to heat domestic or licensed premises.
Additionally, these Regulations revoke the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 and some corresponding amendments, such as the:
Various duties apply.
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As you’ll no doubt know by now, 100% of our profits are gift-aided to our parent charity, Newground Together.
Through you, our charity has been able to provide support to some of the most vulnerable in society.
They’ve put together the following video to show you what your support means to us.
Jurisdiction: Republic of Ireland
Commencement: 21st July 2022
Amends: New Legislation
Summary
This Act came into force on 21st July 2022 and applies to Ireland only. It includes various provisions to enable Ireland’s transition to a circular economy.
A circular economy, in contrast with the standard ‘take-make-dispose’ linear economy, is a closed-loop system aimed at tackling global challenges such as biodiversity loss, waste, pollution and climate change, where the focus is on:
Various duties apply.
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Jurisdiction: Great Britain
Commencement: 25th November 2022
Amends:
Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
The EU Plant Health Regulation was brought into force in order to revise and improve current EU plant health legislation and implement uniform rules across all EU Member States. It continues to implement controls and restrictions which apply to the import from third countries (countries which are not EU Member States), and the internal movement within and between EU Member States, of certain plants, plant pests and other material (such as soil) to help reduce biosecurity risk, strengthen the current plant health regime, and protect the environment from the spread of harmful pests and diseases.
There are no direct compliance duties under this Regulation for organisations.
The Regulation provides a number of annexes that contain various lists of Union quarantine pests, protected zone quarantine pests, and Union regulated non-quarantine pests, and the measures on plants, plant products and other objects to reduce the risks of those pests to an acceptable level.
Union quarantine pests
The EU Plant Health Regulation states that any pests classed as a ‘Union quarantine pest’ must not be introduced into, moved within, held, multiplied or released in the EU.
The list of Union quarantine pests is set out in Annex II of this Regulation. The list of Union quarantine pests not known to occur in the EU is set out in Part A of Annex II, and the list of Union quarantine pests known to occur in the EU is set out in Part B of Annex II.
Protected zone quarantine pests
The list of the protected zones and the respective protected zone quarantine pests are stated in Annex III of this Regulation.
Union regulated non-quarantine pests
Union regulated non-quarantine pests are transmitted mainly through specific plants for planting. There is a list of Union regulated non-quarantine pests set out in Annex IV of this Regulation. These pests cannot be introduced or moved within the EU by professional operators on the plants through which they are transmitted.
The Annexes also provide lists of plants, plant products and other objects whose introduction into, or movement within, the EU is either:
*phytosanitary certificates certify that material has been inspected, is considered free from pests and conforms to the plant health regulations of the importing country.
Thekopsora minima* (Arthur) Sydow & P. Sydow [THEKMI] is no longer regarded to be a Union quarantine pest. Annex 2 (List of Union quarantine pests and their respective codes) is amended accordingly.
*Thekopsora minima is an emerging disease of blueberry plants.
Several pests are added to the list of provisional GB quarantine pests. The list can be found here.
Conditions
Annex 11 (List of plants, plant products and other objects and the respective third countries of origin or dispatch in respect of which phytosanitary certificates are required) is amended.
Pinus L and Pseudotsuga menziesii (Mirbel) Franco* must now be accompanied by a phytosanitary certificate when imported into Great Britain.
*Pinus L and Pseudotsuga menziesii (Mirbel) Franco are evergreen coniferous trees.
Minor technical changes are made to Annex 7 (list of plants, plant products and other objects originating from third countries and the corresponding special requirements for their introduction into Great Britain).
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Jurisdiction: Great Britain
Commencement: 16th November 2022
Amends:
Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 lists the different pests of plants and is supplementary to Regulation (EU) 2016/2031 on protective measures against pests of plants, which is known as the ‘EU Plant Health Regulation’. This is because this Regulation establishes a number of annexes that the EU Plant Health Regulation refers to that list relevant plant pests, measures needed to reduce the risk of those pests, and plants that are prohibited from entering the EU.
Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products applies to the competent authorities who are required to check compliance by operators with agri-food* chain legislation from Great Britain (GB). *Agri-food includes the agricultural, horticultural, and food and drink processing industries.This Regulation has been made to provide a harmonised approach for official controls and other official activities undertaken by competent authorities.
Application in Great Britain
Following the UK’s departure from the European Union (EU), the European Union (Withdrawal) Act 2018 incorporated all directly acting EU Regulations into UK law. Those Regulations have been subsequently amended to revise various definitions, terminology, authorities, etc. to GB rather than EU references, and to provide for regulation and enforcement by GB rather than EU bodies. This entry describes the retained version of Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, which applies in England, Scotland and Wales (GB) from IP completion day (31st December 2020).
Application in Northern Ireland
Although Northern Ireland has left the EU, under the terms of the Northern Ireland Protocol the EU version of Regulation (EU) 2017/625 continues to apply in Northern Ireland.
Appropriate authorities are the Secretary of State and the Welsh and Scottish Ministers.
Official controls are the controls carried out on animals and relevant goods entering GB and include checks such as documentary checks, identity checks and physical checks.
Various duties apply.
Minor technical changes are made to delete the word “specified” in column 3 of entry 71 in Annex VII (List of plants, plant products and other objects, originating from third countries and the corresponding special requirements for their introduction into the Union territory).
There are no changes to duties for organisations.
A minor revision is made to Article 21 2(b). The official controls to verify compliance with welfare requirements when importing and transporting horses and domestic animals (e.g. cattle, sheep, goats and pigs) are extended. These controls now apply to third countries importing horses and domestic animals into Britain.
This amendment has no direct relevance to environmental matters.
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Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
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