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Jurisdiction: UK
Commencement: 1st January 2022
Amends:
The Food Information Regulations 2014 replace the Food Labelling Regulations 1996. The majority of the requirements of the Regulations must be complied with by 13th December 2014 and they apply to food businesses at all stages of the food chain.
The Regulations transpose the EU Food Information Regulation 1169/2011 (FIR) into English law and are necessary to provide powers to enforce the provisions set out in EU FIR, as well as certain provisions in other EU Regulations and Directive, and to remove any overlapping UK food labelling legislation thus meeting the UK’s legal obligations.
Many of the basic requirements for food labelling from the 1996 Regulations remain the same, as well as the fundamental principle of providing safe food which is honestly described in English on prepackaged food labelling. Therefore, on prepacked food labelling the following information must be present:
Non-prepacked food
Article 44 of the EU Regulation states national measures for non-prepacked food. The main changes affecting food sold loose or sold directly to the consumer by the person packing the food (known as prepacked for direct sale) are:
The 14 substances or products causing allergies or intolerances are: fish, crustaceans, molluscs, nuts, peanuts, milk, eggs, soybeans, celery (including celeriac) , mustard, sesame seeds, lupin, sulphur dioxide and sulphites (at concentrations more than 10mg/kg) and finally cereals containing gluten (wheat, rye, barley, oats, spelt, kamut)
Prepacked foods
The main changes are outlined below.
Improvement notices may be issued by officers where there has been a failure to comply with any of the provisions listed in the Regulations. The improvement notice will specify what measures are needed to be compliant and date by which these must be put in place. Any person who fails to comply with an improvement notice commits an offence. A person found guilty of an offence under these Regulations is liable to a fine not exceeding level 5 on the standard scale (currently £5,000). Appeals can be made to the First-tier Tribunal.
The Department for Environment, Food & Rural Affairs (Defra) has produced this guidance document of how to comply with the Regulations.
Following the United Kingdom’s (UK) departure from the EU Single Market and Custom Union, the Trade and Co-operation Agreement (TCA) now sets out the basis for wine trade between Great Britain (GB) and the European Union (EU). These changes facilitate meeting the UK’s legal obligation in regard to wine trade, specifically adjusting rules concerning lot making and import and export certification arrangements for wine products. They also put transitional marketing arrangements in place.
There are no environmental or occupational health and safety duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 12th November 2021
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.
The Planning and Development Regulations 2001 are revised to facilitate the changes listed below.
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Jurisdiction: United Kingdom
Commencement: 26th November 2021
Amends: UK Retained: Regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles
CO2 emissions performance requirements are set by the European Commission (EC) for new passenger cars* and new light commercial vehicles* in order to help achieve the European Union (EU) greenhouse gas emissions reduction target and the objectives of the Paris agreement (a global action plan to limit global warming to below 2°C above pre-industrial levels).
*New passenger cars are Category M1 vehicles which are registered in the EU for the first time and have not previously been registered outside of the EU. Category M1 means vehicles for the carriage of passengers with no more than 9 seats, including the driver’s seat, as defined in Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
*New light commercial vehicles are Category N1 vehicles with a mass not exceeding 2610kg and those type approved under Regulation (EC) 715/2007 which are registered in the EU for the first time and have not previously been registered outside of the EU. Category N1 means vehicles for the carriage of goods with a maximum mass of 3.5 tonnes. as defined in Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Zero emissions category N vehicles with a mass exceeding 2480kg will be counted as light commercial vehicles from 1st January 2025, if the excess mass is due to the energy storage system.
If a vehicle has been registered outside of the EU for less than 3 months before it is registered in the EU, then it is will still be considered a ‘new’ vehicle.
The Regulation does not apply to special purpose vehicles, i.e. a vehicle intended to perform a function which requires special body arrangements and/or equipment. This category includes wheel-chair accessible vehicles, caravans, and ambulances, as defined by Part A of Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
Manufacturers responsible for fewer than 1000 new passenger cars or light commercial vehicles registered in the EU in the previous calendar year are not required to comply with certain requirements, including the requirement to meet specific emissions targets and pay excess emissions premium.
Amendment
Changes are made to set CO2 emission performance standards for new passenger cars and new light commercial vehicles for the period 2021-2024, so that UK CO2 targets are fully established, and relevant data can be collected. The new specific emissions targets that manufacturers must meet are outlined below.
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Jurisdiction: Great Britain
Commencement: 26th November 2021
Amends: The Plant Health (Amendment etc.) (EU Exit) Regulations 2020
Under The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 as the United Kingdom (UK) has now left the European Union (EU) it is no longer part of the European single market. This means the EU becomes a third country and subject to third country import controls for the import of certain plants, plant pests and other material (such as soil). Internal controls will also continue to apply to movement of goods within Great Britain (GB).
A result of this is that the 2019 Regulations need to be amended to remove references to EU Regulations that have not been retained and to update definitions so that import controls apply to any material imported from outside GB. Numerous references to ‘Union territory’ are replaced with ‘Great Britain’.
Schedule 1 (temporary national measures) to the 2019 Regulations is removed. Schedule 2 originally set out general controls for certain plant pests relating to potatoes. This Schedule has been amended to remove references to EU Directives and insert definitions and references to EEPO (European and Mediterranean Plant Protection Organisation) Standards.
Schedule 3 which set out the relevant provisions in the EU Regulations for offences is amended as follows:
Schedule 4 (offences relating to EU emergency decisions) is removed.
Amendment
Transitional provisions within The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 are amended. This is done to ensure that they are extended to lower risk plants and products that enter Great Britain from Liechtenstein and Switzerland.
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Jurisdiction: Republic of Ireland
Commencement: 12th October 2021
Amends: Climate Action and Low Carbon Development Act 2015
The Climate Action and Low Carbon Development Act 2015 provides details on approval plans made by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy. This Act establishes a body to be known as the Climate Change Advisory Council.
This Act will not affect existing or future obligations of the State under the law of the European Union (including Directive 2001/42/EC, Council Directive 92/43/EEC, Directive 2003/87/EC and Decision No. 406/2009/EC), existing or future obligations of the State under any international agreement, any Act or instrument that gives effect to any such obligation or existing or future entitlements of the State or any person under the said law, agreement, Act or instrument.
Amendment
These Regulations specify that the carbon budgets, referred to in the Duties section above, (commencing on 1st January 2021 and ending on 31st December 2025, and future budgets thereafter), must take into account emissions from the greenhouse gases specified in the CRF*.
*The CRF is the common reporting format tables provided annually by the Environmental Protection Agency (EPA) to the United Nations under UN reporting guidelines. The CRF are amended by the EPA and published on the EPA website.
The way in which emissions should be calculated and accounted for, is specified in the United Nations Framework Convention on Climate Change reporting guidelines on annual inventories for Parties.
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Your support has enabled us to help thousands of people during the pandemic; through your continued support our charity has now won the Employment Related Services Association (ERSA) Employability Awards 2021, in the Team of the Year – Crisis Management category.
During the height of the pandemic, many people experienced food poverty for the first time. Through the loss of income that many people faced and the impact that lockdowns had on food banks, many of the most vulnerable people were plunged into food poverty.
Newground Together’s Employment and Skills Team responded to a plea for help from The Voluntary Sector Alliance in Calderdale. Charitable organisation, Christians Together Calderdale’s Gathering Place Foodbank needed assistance as many of their volunteers had to self-isolate. With not many volunteers available to deliver weekly food packs and increasing numbers of people needing help, Newground Together stepped in and offered their assistance.
Under guidance from food bank volunteers and Christians Together Calderdale, the Newground Together team worked hard to keep the Gathering Place food bank open and the service continuously running. Emily Pearson, Newground Together’s Community Programmes Manager, said: “We, along with the rest of the country, found ourselves in uncharted territory, and we wanted to help in whatever way we could. The partnership happened overnight in super quick time. With nothing affordable on the shelves, the amazing generous donations from local businesses, time from the volunteers and support of the Voluntary Sector Alliance ensured a Calderdale-wide coordinated response, to those most in need”.
During this challenging time, we’re proud that our charity managed to help deliver:
As always, 100% of all profits generated from The Compliance People are donated to our parent charity, Newground Together.
Many businesses in the UK are at risk of flooding. Is yours one of them? Shockingly, as many as 40% of businesses do not reopen after suffering from a flood. Reduce the impact of flooding by planning & preparing.
Shockingly, as many as 40% of businesses do not re-open after suffering from a flood. By planning, preparing, and making your business more resilient, you can aim to reduce the impact of flooding to help with business continuity.
Planning ahead for flooding will ensure that you can respond to the incident in the most efficient way. You can do this by creating a basic plan of action, signing up multiple people to receive flood alerts and warnings and considering your insurance options.
It is always a good idea to create a flood plan if your business is situated in a flood risk area, even if it has never been flooded before. It ensures that in the case of receiving a flood alert or warning, you are prepared to take action, can deploy any temporary resistance measures efficiently, and are best prepared to protect the property and contents from the impacts of flooding. This will minimise financial losses and help with business continuity.
The Flood Hub contains a wealth of information and resources to support businesses to plan effectively for flooding. This business flood planning guide outlines all the steps you need to take to complete a flood plan for your business. You can also download this printable business flood plan, containing a pre-populated example flood plan and a blank plan to complete for your business.
From creating a flood plan to protecting your products, there are many resources available to help you plan and prepare for flooding to your business and ease the recovery process that follows.
Why not visit The Flood Hub now and utilise the resources available to get started on your own flood risk plan?
The Department for Business, Energy and Industrial Strategy (BEIS) announced on 24th August 2021, that the deadline for businesses to transition to UK conformity assessment marking (UKCA) will be extended to 1st January 2023.
Initially conveyed through Government guidance, this extension has now been confirmed in law through The Product Safety and Metrology etc. (Amendment) Regulations 2021. This legislation also makes technical changes and amendments to allow relevant product safety legislation to work as intended.
In our September 2021 Health and Safety Newsletter, we provided a summary of the main changes between CE and UKCA marking. We also let you know that the UK Government and HSE websites have confirmed the deadline extension, allowing CE marked goods to continue to be placed on the market until 31st December 2022.
The extension of the transition period by one year provides additional time for businesses to comply with the new regime in Great Britain (England, Wales and Scotland).
As Coronavirus (COVID-19) has without a doubt, affected many businesses and hindered their ability to transition to the UKCA marking, this extension may help to mitigate against further potential disruption to the supply of certain goods in Great Britain.
Here is a reminder of the key changes to CE / UKCA marking rules
• Goods first placed on the market in Great Britain after 1st January 2021 can either be CE marked or UKCA marked.
• The relevant Product Safety Regulations now state that goods first placed on the market in Great Britain after 1st January 2023 must be UKCA marked.
• The requirements in Northern Ireland are different. CE marking continues to be required in Northern Ireland, and there is (currently) no deadline to phase out its use.
All relevant legislation summaries will be amended in line with these recent legislative changes.
If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations and support for both environment and health & safety.
Jurisdiction: Republic of Ireland
Commencement: 20th November 2021
Amends:
The Safety, Health and Welfare at Work (General Application) Regulations 2007 sets out the specific duties of employers in relation to various work activities within a workplace such as use of equipment, personal protective equipment (PPE), electricity, work at height, noise, vibration etc. They supplement The Safety, Health and Welfare at Work Act 2005 (THE SHWW ACT 2005), which sets out the legal framework for safety, health and welfare duties for employers, employees and third parties (such as property owners, designers, manufacturers and others).
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Jurisdiction: UK
Commencement: 17th November 2021
Amends: New Legislation
This Environment Act 2021has two main functions:
1. To give a legal framework for environmental governance in the UK.
2. To bring in measures for improvement of the environment in relation to waste, resource efficiency, air quality, water, nature and biodiversity, and conservation.
The vast majority of this Act does not make any immediate changes for organisations other than regulators. Changes to duties for businesses and other organisations are expected in subsequent legislation made under this Act.
The first part of the Act puts duties on the Government in relation to environmental governance. This includes requiring the Government to:
The Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland is required to make an Environmental Improvement Plan in line with the requirements in Schedule 2.
It also establishes a new body, the Office for Environmental Protection (OEP).
The OEP’s function is to hold the Government to account on environmental legislation and its Environmental Improvement Plan. It was determined to be required following the UK leaving the EU which previously held the UK Government to account on environmental issues. The OEP’s principal objective is to contribute to environmental protection and improvement of the natural environment. The OEP must act objectively and impartially.
Full details regarding the OEP and its duties can be found in Chapter 2 and Schedule 1 of the Act. More can also be learnt about the OEP via its website.
The OEP only covers England currently.The OEP may exercise its functions in Northern Ireland, subject to the approval of the Northern Ireland Assembly. A decision is awaited regarding this. The OEP’s intended function in Northern Ireland is given in Schedule 3.
The Act applies across the UK; however, parts of it only apply in one or more jurisdiction. Reference has been made to this throughout the summary.
Any proposed environmental law that is introduced into the House of Parliament must be accompanied by a statement confirming that the Minister in charge of it believes the proposed law will not reduce the level of protection given by any existing environmental law. This does not apply to planning law, unless it is specifically environmental, e.g. environmental impact assessments (EIAs).
The Secretary of State is required to make a report every 2 years on the significant developments in international environmental protection legislation.
Part 3 of the Act relates to waste and resource efficiency.
Producer responsibility
The relevant Ministers in England, Wales, Scotland or DAERA in Northern Ireland may make regulations about producer responsibility obligations. Such regulations could be made to prevent a product or material becoming waste, reduce the amount of a product or material that becomes waste, or sustain a minimum level of reuse, redistribution, recovery or recycling of products or materials. Further detail on this can be found in Schedule 4.
Regulations can also be made that require payments from those involved in the manufacturing, processing, distributing or supplying of specific products or materials to contribute to the disposal costs of those products or materials. Requirements about what these regulations must or may include is given in Schedule 5.
Manufacturers and producers may also be required through subsequent legislation to provide information about the resource efficiency of their products. Detail of what may be required is given in Schedule 6. Schedule 7 gives detail on what regulations may require in relation to durability, reparability and recyclability of products.
Deposit schemes
The relevant Ministers in England or Wales, or DAERA in Northern Ireland may make regulations about deposit schemes. These may require a person supplied with an item to pay a deposit which is refunded when that item is collected (e.g. a deposit paid on a drinks bottle that is refunded when the drink is consumed and the bottle returned). Schedule 8 gives detail on these schemes.
Single use items
The relevant Ministers in England or Wales, or DAERA in Northern Ireland may make regulations requiring sellers of goods or services to charge for single use items. The goods this will apply to and how it will operate will be specified in subsequent legislation. Schedule 9 gives detail on charges for single use items.
Separation of waste
Measures are introduced regarding the separation of waste in England. These are made through amendments to the Environmental Protection Act 1990. Details of the changes can be seen in the Updates section of the 1990 Act.
Waste tracking
The Act allows for future regulations to be made, to introduce an electronic waste tracking system. The system may require information about waste to be entered onto an electronic system by waste controllers (e.g. anyone who imports, produces, keeps, treats, manages or disposes of waste), or waste regulation authorities (e.g. the Environment Agency) about the processing, movement or transfer of waste. These changes are made through amendments to the Environmental Protection Act 1990, or for Northern Ireland, via The Waste and Contaminated Land (Northern Ireland) Order 1997.
Hazardous waste
The Environmental Protection Act 1990 is also amended to allow further regulations to be made to strengthen restrictions regarding hazardous waste for England and Wales. Equivalent regulations may be made for Northern Ireland under The Waste and Contaminated Land (Northern Ireland) Order 1997.
Import and export of waste
The Environmental Protection Act 1990 is also amended to allow further regulations to be made in order to prohibit or restrict waste imports and exports.
Charging schemes
Changes are made to the Environment Act 1995 to allow charging schemes to be made in relation to producer responsibility schemes. This would require the relevant agency to recover costs incurred by running a scheme from its participants. Similar changes are also made in relation to The End of Life Vehicles (Producer Responsibility) Regulations 2005 and The Waste Electrical and Electronic Equipment Regulations 2013.
Charging schemes may also be established to allow the Environment Agency and Natural Resources Wales to recover costs incurred in relation to preventing the unauthorised or harmful deposit, treatment or disposal of waste under The Environmental Permitting (England and Wales) Regulations 2016. This would allow fees to be charged to those in breach of a waste permit, or that operate a waste site without holding the relevant permit. Similar changes are made through amendments to The Waste and Contaminated Land (Northern Ireland) Order 1997 andThe Waste Management Licensing Regulations (Northern Ireland) 2003, for Northern Ireland.
Changes are made to the Environment Act 1995 to require the Secretary of State to review the National Air Quality Strategy at least every 5 years. Reports must also be made annually to Parliament on the progress made to deliver air quality objectives in relation to England. Changes are also made in relation to Air Quality Management Areas (AQMAs).
Smoke control areas
Local authorities are given power under the Clean Air Act 1993 to give fines for emission of smoke in smoke control areas in England. A smoke control area is an area designated by a local authority in which only authorised fuels or certain furnaces or boilers can be used, with the aim of reducing air pollution. Emission of smoke from chimneys is also not allowed in these areas.
Vehicle recalls
The Secretary of State may make regulations to allow for products that do not meet relevant environmental standards to be recalled. The types of products this will apply to will be clarified in future legislation, but may include vehicles or non-road mobile machinery. Such recalls will be issued using a compulsory recall notice.
The majority of changes described below are made by amending the Water Industry Act 1991.
Resource management
Water undertakers in England and Wales may be required to prepare and publish joint proposals to identify measures they can take jointly to improve water resource management and development. The content the proposals must cover can be specified by Ministers. The Secretary of State and the Welsh Ministers are also given power to make regulations for the preparation and publication of water resource management plans and drought plans.
Drainage and sewerage
Sewerage undertakers are required to prepare, publish and maintain a drainage and sewerage management plan under the Water Industry Act 1991.
Storm overflows
New duties are added to the Water Industry Act 1991 for the Secretary of State, Environment Agency and sewerage undertakers to reduce storm overflows and the harm they can cause. This includes making storm overflow discharge reduction plans and giving progress reports on the plan. Reports must also be given by sewerage undertakers to report when any discharges start and stop and to monitor the water quality of water affected by storm overflows and sewerage treatment works.
Water quality
Regulations may be made about the substances that should be taken into account when assessing the chemical status of surface or groundwater. Standards may also be specified for water quality.
A new general condition is added to the Town and Country Planning Act 1990 so that planning permission granted in England requires a biodiversity gain plan to be submitted and approved.
Nationally Significant Infrastructure Projects must improve the natural local environment through a new biodiversity net gain requirement. This is implemented through changes to the Planning Act 2008.
Biodiversity net gain register
Regulations may be made to require the establishment of a public register of biodiversity net gain sites. These are sites where someone is required to carry out habitat enhancement work under a conservation covenant or planning obligation and are required to maintain the enhancement for at least 30 years.
Biodiversity credits
The Secretary of State is given powers to allow a scheme to be set up which would allow biodiversity credits to be sold. The scheme would apply in England only and a credit would be equivalent to a specified gain in biodiversity and could be used by developers of land towards the biodiversity net gain objectives they must meet. Proceeds from the credits would contribute to strategic ecological networks.
The Secretary of State must give annual reports on the operation of the biodiversity credit system.
Public authority duties
The Natural Environment and Rural Communities Act 2006 (‘2006 Act’) is amended to make it more explicit that public authorities in England must assess how they take action to conserve and enhance biodiversity. Specified public authorities are also required under the 2006 Act to produce biodiversity reports on how they have conserved and enhanced biodiversity.
Local nature recovery strategies
Local nature recovery strategies (LNRSs) are to be created for areas in England. The location of these LNRSs is to be determined, but together they must cover all of England. A local authority’s area must not be split between different LNRSs.
LNRSs must be made and published by the responsible authority; this may be the local authority, the Mayor of London, the combined authority mayor, a National Park Authority, the Broads Authority, or Natural England. The LNRS must include:
The Secretary of State is required to publish a national habitat map for England. The map must contain national conservation sites and other areas considered to be of particular importance for biodiversity.
Species conservation strategies
Natural England is allowed to make and publish a strategy to improve the conservation status of any specified species. Such strategies are known as a species conservation strategy and can be made for any part of England.
A species conservation strategy may:
Local planning authorities or specified public authorities are required to cooperate with Natural England to prepare and implement these strategies.
Protected site strategies
Natural England may make and publish protected site strategies to improve the conservation and management of a protected site in England, and manage the impact of plans, projects or other actives on the conservation and management of that site.
A protected site is:
A site can be checked to see whether it has any of these designations using Magic Map.
A protected site strategy may:
Local planning authorities or specified public authorities are required to cooperate with Natural England to prepare and implement these strategies. Natural England is required to consult with these authorities where they are located in their area, or where they may be affected by the strategy.
Tree felling
Changes are made to the Highways Act 1980 that puts duties on highway authorities for steps they must take before felling a tree on a street or road.
Use of forest risk commodities
Forest risk commodities are agricultural commodities whose production is associated with wide-scale conversion of land from forest to agricultural use.The commodities this applies to will be specified in future regulations but may include soy, cattle, wood fibre, cocoa, coffee, rubber and palm oil.
Schedule 17 gives the requirements for businesses using forest risk commodities in their UK commercial activities. It aims to tackle illegal deforestation in supply chains. N.B. Secondary legislation is required to implement these requirements and those summarised below.
Anyone using a forest risk commodity or a product derived from a forest risk commodity in UK commercial activities must have complied with any relevant local laws in relation to that commodity in the country or territory where the organism was grown, raised or cultivated. This does not apply if the commodity is waste and is being used to make renewable transport fuel for which a renewable transport fuel certificate has been issued under The Renewable Transport Fuel Obligations Order 2007.
Those using a forest risk commodity or product derived from that commodity in UK commercial activities must establish and implement a due diligence system to:
Annual reports are required to be made on the action taken to establish and implement a due diligence system. The reports must be provided to the relevant authority no later than 6 months following the end of each reporting period.
Exemptions from these requirements may apply if the organisation using the commodity or product derived from the commodity:
A consultation on implementing due diligence on forest risk commodities is currently running until 11th March 2022.
Conservation covenants
A conservation covenant is an agreement between a landowner and a responsible body (e.g. a public body or local authority) to do or not do something on their land for a conservation purpose. For example, the agreement could be to maintain a woodland, or to not use certain pesticides on the vegetation.
The responsible body has the ability to enforce compliance with the landowner’s obligations in the conservation covenant.
Each conservation covenant must be for a specified duration. If this is not specified in the covenant, it will be for indefinite duration in the case of freehold estates, or the remainder of the term in the case of leasehold estates. Further details on the management of conservation covenants can be found in Part 7.
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.
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