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Jurisdiction: Scotland
Commencement: 30th November 2021
Amends:
The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 implement the requirements of Directive 2009/31/EC on the geological storage of carbon dioxide into Scottish law.
Carbon capture and storage is a key technology to decarbonise electricity generation. CO2 created from fossil fuel power stations can be injected and stored in undersea geological formations in Scottish territorial waters.
The Regulations prevent Scottish ministers from granting licences for storing CO2 in the water column.
Licence applications that are made to Scottish Ministers must include a specified length of time required for exploration ‘appraisal term’ or a reason why exploration is not required. The licensing authority is obligated to specify the length of appraisal time or length of time within which an application for a storage permit must be made. Licences are required to include provisions detailed in Schedule 1 to these regulations regarding the closure of storage sites.
Licence holders may be granted consent for the storage permits that are located within the licensed area. The regulations detail application requirements, the criteria that must be satisfied and details of the information that is required to be included in the storage permit.
In the event of leakage or irregularity the licensing authority may direct the operator to take corrective measures.
Storage permits may be reviewed, modified or revoked where a change in operation occurs, irregularities or leaks occur or where there is a breach in the terms and conditions.
The regulations include requirements for the closure of sites and the post closure obligations.
Administrative changes are made to ensure that The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011 continue to operate effectively now that the UK is no longer part of the EU. This includes replacing references to EU Directives with EU retained legislation. There are no changes to duties as a result of these amendments.
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Jurisdiction: EU & Northern Ireland
Commencement: 9th November 2021
Amends:
Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products concerns the making available on the market and use of biocidal products (‘Biocidal Products Regulation’) sets out the requirements which apply to biocidal products. The Regulation primarily concerns those manufacturers, importers, etc. who wish to place biocidal products on the market.
Biocidal products are products which are designed to control, by chemical or biological means (but not solely by physical means) harmful organisms which include not only pathogens, but also some vermin, fish and birds. Biocidal products contain one or more ‘active substances’ which act on the harmful organisms.
Before placing a harmful product on the market in an EU Member State, the person who wishes to place it on the market must ensure that:
The Biocidal Products Regulation is directly acting in all EU Member States.
There are several routes by which a product may become authorised. A product may be authorised in one Member State but this does not automatically allow the product to be placed on the market in other Member States – it is therefore important to ensure that the correct process has been followed if the product is to be placed on the market in other Member States.
Users must use biocidal products in accordance with any labelling and conditions which apply to the product (which information should be made available with the product). Users do not need to apply for authorisation.
The expiry date of the approval of creosote (active substance*) for use in biocidal products of product-type 8 (wood preservatives) is postponed to 31st October 2022.
*An active substance is defined as a substance or micro-organism (including viruses) that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.
There are no changes in duties for organisations.
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Jurisdiction: UK
Commencement: 1st November 2021
Amends:
The Radiation (Emergency Preparedness and Public Information) Regulations 2019 transfer the emergency preparedness and response elements of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation (“Euratom Basic Safety Standards Directive”) for premises in which work with ionising radiation takes place.
The Euratom Basic Safety Standards Directive establishes basic safety standards for the protection of the health of individuals subject to occupational, medical and public exposures against the dangers arising from ionising radiation.
The aim is that they will strengthen Great Britain’s emergency preparedness and response arrangements for radiological emergencies. It will also improve public protection and reduce adverse consequences in the event of an emergency.
These Regulations apply to any work with ionising radiation which involves a radioactive substance containing more than the quantity specified in relation to radionuclide (is an atom that has excess nuclear energy, making it unstable) in Schedule 1, or in the case of fissile material (fissile materials are composed of atoms that can be split by neutrons in a self-sustaining chain-reaction to release enormous amounts of energy), more than the mass of that material specified in Schedule 2. They do not apply where the operator can demonstrate that the quantity present on the premises would not allow, in a radiation emergency, an annual effective dose to persons off-site of more than 1 mSv (millisievert – unit of measurement for the effective dose of radiation absorbed by the body).
These Regulations do not apply in respect of:
(i.e. radiation that carries enough energy to detach electrons from atoms or molecules, thereby ionising them)
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (“CDG”) govern:
CDG implements Directive 2008/68/EC on the Inland Transport of Dangerous Goods (“Dangerous Goods Directive”) and revokes The Carriage of Dangerous Goods and use of Transportable Pressure Equipment Regulations 2007. The 2008 Directive required Member States to implement into national legislation the requirements of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) and the Regulation Concerning the International Carriage of Dangerous Goods by Rail (“RID”). CDG implements the Directive by making the provisions of ADR and RID enforceable in Great Britain.
CDG also re-transposes Directive 1999/36/EC on transportable pressure equipment. (Note that the Directive has since been replaced by Directive 2010/35/EU on transportable pressure equipment, which has in turn by transposed by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011).
CDG also transposes parts of:
both of which relate to measures to be taken in connection with a radiological emergency.
Public Health England, an executive agency of the Department of Health and Social Care, is being abolished and all its functions will be transferred to the UK Health Security Agency. There are no changes to duties for organisations.
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Jurisdiction: UK
Commencement: 2nd December 2021
Amends:
The GB Retained: 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.
Polymnia sonchifolia is added to the list of regulated plants and pests.
Protective measures against the following pests are removed:
Protective measures against the following pests are updated, and Annex 6 and Annex 7 are amended accordingly:
Plants imported to the UK that are known to be impacted by the above pests must be accompanied by an official statement declaring they were grown in an area free of these pests.
Plants exported from the Americas must have been officially inspected prior to export.
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Legislation Update Service will be offline for scheduled maintenance from 5pm Friday 3rd December.
For most users, the site will be accessible again within a couple of hours. Although, some users (depending on your internet service provider) might find the site inaccessible for a part of the weekend.
We’re making some upgrades to the infrastructure that underpins LUS, including relocating the web servers and switching to a new email server.
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Jurisdiction: UK
Commencement: 1st October 2021
Amends:
The Ecodesign for Energy-Related Products Regulations 2010 originally came into force in November 2010 to implement the requirements of Directive 2009/125/EC establishing a framework for the setting of eco-design requirements for energy relating products (‘Eco-design Directive‘) in the UK. They have since had significant change following the United Kingdom (UK) leaving the European Union (EU); this has resulted in them applying differently in Great Britain (GB) (i.e. England, Scotland and Wales) and Northern Ireland (NI).
There are requirements that specific energy using products must meet to be placed on the market in the UK. They aim to improve the energy efficiency of products throughout their life cycle. The eco-design requirements of products address the environmental impacts resulting from product manufacture, usage and disposal.
There are duties for manufacturers, importers and suppliers.
The Energy Information Regulations 2011 enforce energy labelling regulations in the UK, and exist alongside The Ecodesign for Energy-Related Products Regulations 2010.
Following the UK’s exit from the European Union the Regulations enforce GB Retained Regulation (EU) 2017/1369 setting a framework for energy labelling (GB Energy Labelling Regulation) in Great Britain (GB) and Regulation (EU) 2017/1369 setting a framework for energy labelling (EU Energy Labelling Regulation) in Northern Ireland (NI).
The Regulations apply to energy-related products, however this does not include any means of transport for persons or goods or secondhand products unless they are imported from a country outside the EU into NI or imported into England, Scotland or Wales from a country outside GB.
Both the GB and EU Energy Labelling Regulations are enforced by the relevant Market Surveillance Authority (MSA). The Office for Product Safety Standards (OPSS) act as the MSA for manufacturers and importers in the UK and the local weights and measures authority (Trading Standards) and the Department for Economy act as the MSA for retailers in GB and NI respectively. Regulation 4 lists the relevant articles that each MSA is responsible for the enforcement of.
There are no direct duties for suppliers and dealers of energy related products within these enforcement Regulations.
These amendment Regulations amend various retained European Union (EU) Regulations on ecodesign and energy labelling in force in Great Britain (GB) to avoid technical discrepancies with equivalent legislation which is in force in the EU and Northern Ireland by virtue of the Northern Ireland Protocol.
This amendment makes minor technical changes, updating Schedule 1 to remove references to ecodesign and energy labelling measures that are no longer in force in GB and to ensure the references to measures currently in force in GB are up-to-date, so that they can be properly enforced by the relevant Market Surveillance Authority (MSA). The energy related product “boiler or an appliance” within the table is removed. The updated table can be found under Part 4 of these amendment Regulations.
These amendment Regulations amend various retained EU Regulations on ecodesign and energy labelling in force in Great Britain to avoid technical discrepancies with equivalent legislation which is in force in the EU and Northern Ireland by virtue of the Northern Ireland Protocol.
The table outlining the EU measures which relate to specific energy related products (located in Part 5 of these amendment Regulations) is updated in the following ways:
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Jurisdiction: UK
Commencement: 1st September 2021
Amends:
The UK Retained: Regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles 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.
From 1st January 2020:
This target will be complemented by additional measures corresponding to a reduction of 10g CO2/km as part of the EU’s ‘integrated approach’.
From 1st January 2025:
From 1st January 2030:
Manufacturers are required to ensure that their average specific emissions of CO2 don’t exceed their relevant targets.
Specified emissions targets are based on the annual targets detailed above and are determined in accordance with the relevant calculations in Annex I or their derogation:
The competent authority for each EU country is required to record and make available to manufacturers (or their importers / representatives), and the EC, the information in Part A of Annex II and III for all new cars and commercial vehicles registered in their territory respectively.
They must also measure and report the specified emissions for cars that are not type approved (i.e. confirmation that they meet specified performance standards).
The EC is required to provisionally calculate the following information for each manufacturer for the last year, and notify the manufacturer:
Manufacturers have 3 months to inform the EC regarding any errors in the data.
The EC is required to publish, by the 31st October each year, the finalised list of data on specified emissions and targets for each manufacturer for the last year. This should also include the average mass and average test mass of all new vehicles, as well as information on whether each manufacturer has complied with their targets.
This list will be published as an implementing act.
Each year excess emissions premiums are payable by manufacturers or pool managers where their average specific emissions of CO2 exceed their specific emissions target.
This is calculated using the following formula:
(Excess emissions X €95) X No. of newly registered vehicles
Manufacturers that register under 10,000 cars or 20,000 commercial vehicles in the EU in a year can apply for a derogation as long as they are not part of a group of manufacturers that produce over these limits. If they are part of a group which exceeds these limits but the manufacturer has their own production and design facilities, then they may also apply for a degroation.
Derogation allow manufacturers to set an alternative specified emissions target which is consistent with their emissions reduction potential. It should be noted that they are still required to meet this revised target and will be required to pay the excess emissions premium if they do not.
A derogation lasts 5 years and can be renewed. They must be submitted by 31st October in the year that the derogation starts.
If there is a change to a manufacturer’s eligibility, they must notify the EC immediately.
Manufacturers and suppliers can use innovative technologies to achieve CO2 savings and help meet their targets. Only those approved by the EC will be considered.
The total contribution of innovative technologies can make to reducing average specified emissions of CO2 is up to 7gCO2/km.
Manufacturers must ensure that the CO2 emissions and fuel consumption values that are reported in certificates of conformity correspond with the actual values from vehicles in service in line with Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) 715/2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
As Regulation 2019/631 was removed from the Northern Ireland Protocol shortly before the end of the transition period of the UK leaving the EU, a loophole was created for new newly registered cars and vans in Northern Ireland. This resulted in neither the EU nor the UK retained version of the Regulation applying to new passenger cars and vans in Northern Ireland and their CO2 emissions being unregulated.
This amendment extends the existing retained version of the Regulation to Northern Ireland, creating a UK -wide regime for the regulation of CO2 emissions from newly registered cars and vans from 1st September 2021.
The Regulation does not apply to vehicles registered in Northern Ireland between 1st January 2021 and 31st August 2021, unless they were also registered in GB.
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The user survey for the continual improvement of ISO 14001 and ISO 14004 is open. Now is your chance to give your views and experiences of the international standard for an Environmental Management System (EMS). Your feedback will identify its weaknesses, highlight its future challenges, and provide information for its improvement.
ISO 14001 is an international standard which provides a framework for creating and applying an EMS. This standard specifies the requirements for achieving an effective EMS. It is entirely voluntary to implement ISO 14001 into your organisation, though there are a vast number of benefits in doing so.
ISO 14004 provides guidance on how to establish, implement, maintain, and improve an EMS. This is a guidance document, and it is not a set of requirements.
The global survey gives users the chance to share their opinions and experiences of the management systems. The objective is to use the feedback given to gain an understanding of users’ needs and obtain information that support the revision of ISO 14001, ISO 14004 and other related ISO standards.
The survey is seeking views from:
On average, the survey should take 20 minutes to complete, and responses can be saved to continue later. While mobile phones can be used, it is recommended to use a laptop or PC to complete the survey, due to the formatting of some questions.
The results of the survey will be published on the ISO/TC 207/SC 1 website. All responses would be confidential and individual respondents would not be identified.
The survey can be completed here: ISO 14001 Continual Improvement Survey – 2021 (qualtrics.com)
The survey will close on 13th November 2021.
Are you interested in learning more about ISO 14001:2015 or need guidance on meeting the requirements of the standard? Why not click the image below and book on to one of our excellent courses? Specially designed by our experienced in-house consultants, this course has been built to be delivered remotely, so it can be easily fitted into your busy schedule. The course has been split into 2 modules that will be delivered at different times to avoid online training fatigue.
Air pollution is one of the biggest continuing threats to public health in the UK. Red diesel accounts for around 15% of all diesel used in the UK and is responsible for the production of nearly 14 million tonnes of carbon dioxide a year.
It is no surprise therefore that the government is targeting fuel usage, in a way to achieve net zero by 2050 and meet UK climate change and air quality targets.
Many businesses and individuals currently supply and / or use rebated gas oil (red diesel), rebated biofuels and other rebated fuels. The cost of these are significantly reduced by the Government for use in certain machinery, activities and sectors.
However, within the Budget 2020, the Government announced that from April 2022 it will remove the entitlement to use red diesel and rebated biodiesel from most sectors.
The change is happening to incentivise the development and adoption of greener alternatives. Costs will better reflect the harmful impact of the emissions produced, and assist in incentivising users of polluting fuels (like diesel) to improve the energy efficiency of their vehicles and machinery, invest in cleaner alternatives, or just use less fuel.
This change will require many businesses to use fuel that is taxed at the standard rate for white diesel. Current users of red diesel may encounter costs in the following forms:
What does this mean for suppliers of red diesel?
Current fuel suppliers (Registered Dealers in Controlled Oils or RDCOs) may encounter costs in the following forms:
However, fuel suppliers could see a continuing saving as the need to record information for rebated fuel users will decrease.
Where can red diesel still be used?
Following this ban some sectors that remain eligible to use red diesel are:
Note: The propelling of private boats used for pleasure in Northern Ireland will require the use of white diesel to propel their aircrafts. A new relief scheme will be introduced for private pleasure craft users in Northern Ireland, so they can claim a relief for the proportion of their fuel that will be used for non-propulsion.
Enforcement
Where changes are not adhered to, Her Majesty’s Revenue and Customs (HMRC) can seize vehicles or machines which have lost entitlement to run red diesel.
HMRC may decide not to seize such vehicles or machines if the fuel remaining in the vehicle, machine, appliance or heating system was taken in for a permitted purpose before this change in law, and the fuel is still being used for the same purpose.
This measure will also extend fuel duty to biodiesel, bioblends and fuel substitutes used in heating, applying the rebated duty rate to non-commercial heating and the full rate of duty to commercial heating.
For more information about the reform of red diesel, guidance can be accessed here.
To Summarise:
Through our social enterprise model, we deliver professional environment, health & safety and quality compliance services in a competitive marketplace but instead of our profits going to shareholders, they’re gift aided into our charity, Newground Together, to support environment, social and community projects.
The grant went towards funding outdoor classroom sessions ran by a qualified forest school tutor within Manor Fields Park. The sessions have included a whole range of activities, and by the end of the project, all participants will be able to assemble a shelter, build a fire and cook a communal feast without help from the leader, who is just there for guidance. Other parts of the sessions have also focussed on mindfulness practices and through engaging with the natural environment, attendees have felt more comfortable talking about issues that are affecting them.
Diane Cairns, Friends of Manor Fields Park Volunteer Trustee said: “Projects such as Woodland Confidence are beneficial to the local community as well as to the people they are aimed at. This particular project helps individuals gain confidence and new skills in a warm and safe environment. Overall, Woodland Confidence has been very beneficial, and the outdoor classroom, which is being used, will be of use to the local community for many years to come.”
When the project finishes on 4th November, the outside classroom will remain as it is so that the local community can access it and become more involved in the care and upkeep of the park’s green spaces.
The Newground Together Community Grant programme is open to residents’ groups and grass root community organisations in the North of England. For more information contact [email protected]
By continuing to support The Compliance People, we’re able to continue to provide the financial means to fund projects like this.
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