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Jurisdiction: UK
Commencement: Section 59 of the Act will commence on Royal Assent (17th December 2020). The other provisions will commence on the day or days appointed by regulations.
Amends: New Legislation
As the United Kingdom (UK) has left the European Union (EU), this Act is introduced to ensure businesses can continue to trade goods freely and effectively across the UK.
The Act establishes two principles that apply to goods and services which are known as the ‘Market Access Principles‘:
The market access principles allow organisations to trade without additional barriers based on which UK nation they are in. They also provide access of qualifying goods from Northern Ireland to Great Britain.
This entry focuses on the parts of the Act that relate to the environment; specifically this relates to the exclusions from mutual recognition and non-discrimination for goods.
There are certain specific exclusions from mutual recognition and non-discrimination for goods. An exclusion is a policy area, area of regulation or type of relevant requirement that is not subject to the principles. These areas can be updated and changed in the future if required in response to changes in market conditions.
Schedule 1 of the Act lists certain areas of exclusion from either or both Market Access Principles. The areas that are excluded from mutual recognition and relate to environmental management are:
The area excluded from both mutual recognition and non-discrimination that relates to environmental management is sanitary and phytosanitary measures relating to serious threats to animal and plant health. This ensures that the measures can be implemented, to take account of differences in pest and disease prevalence across the UK. Any measure falling under this exclusion needs to be supported by a risk assessment demonstrating the measure was reasonable and justified.
There are no direct compliance duties for organisations in this Act.
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Jurisdiction: UK
Commencement: 22 April 2021
Amends: New Legislation
The UK Emissions Trading Scheme (UK ETS) implements the principals of emissions trading by allocating and trading greenhouse gas (GHG) emissions allowances to participants of the scheme. These Regulations set out the legal framework to allow auctioning of emissions allowances.
One allowance equals one tonne of carbon dioxide (CO2) equivalent. At the end of each year, installations must have enough allowances to account for their GHG emissions. They have the flexibility to buy additional allowances on top of their allocation, or to sell surplus allowances generated from reducing their emissions below their allocation at auction. An allowance allows a participant to emit 1 tonne of carbon dioxide equivalent.
The UK ETS was implemented in the UK by The Greenhouse Gas Emissions Trading Scheme Order 2020 (‘2020 Order’). It replaces the European Union Emissions Trading System (EU ETS) for UK participants, which also follows the principles of emissions trading. For more general information on the UK ETS and how it works for participants see the entry for the 2020 Order.
The UK ETS authority for these Regulations are the national authorities, which are:
The Regulations are made under the power in section 96 of the Finance Act 2020 to make Regulations on the allocation of emissions allowances in exchange for payment. They are equivalent to the provisions made around allowances for EU ETS by Regulation (EU) 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas allowances.
As with the EU ETS, under the UK ETS auctioning continues to be the main means of introducing allowances into the market. Participants are also able to trade UK ETS emissions allowances on a secondary market. It is set out in Part 2 of the Regulations how bids are to be submitted and withdrawn, and how the auction clearing price is to be determined.
The minimum volume bid is one lot, and each lot auctioned must consist of 500 allowances. Each bid must state:
Each bid may only be submitted, modified or withdrawn during the bidding window set by the auction platform. Any unsold allowances can be added to the next four auctions up to a limit of 125% of their original volume.
The Auction Reserve Price (ARP) is set by these Regulations and this is the minimum price for which allowances can be sold at auctions. Bids below this price will not be accepted. The UK ETS has an ARP of £22. It is not intended that any changes will be made to the ARP before it is likely withdrawn as the scheme matures.
The auctioneer sets the auction calendar, including the bidding windows, individual volumes, auction dates, as well as the auctioned product, payment and delivery dates of the allowances to be auctioned in individual auctions each calendar year. The auction platform provider, ICE Futures, was appointed to host emissions auctions on behalf of the UK Government’s Department for Business, Energy and Industrial Strategy (BEIS), which has been appointed as the UK Auctioneer by the Treasury. ICE published the 2021 calendar for UK ETS auctions on 26th February 2021. The first UK ETS auction is 19th May 2021.
The appointed auction platform must publish the auction calendar for a year by 15th July of the preceding year or as soon as practicable after that date. The auction platform must also report transactions to the Financial Conduct Authority in order to provide appropriate regulatory oversight.
This legislation provides for fees and costs to be charged by the auction platform and auctions are to be monitored for issues such as market abuse, money laundering, terrorist financing or other criminal activity.
Auction participants will need to register with the appointed auction platform and must also hold a registry account in the UK Emissions Trading Registry. This registry system is used to ensure the accurate accounting of all allowances issued under the UK ETS, and it is used by operators to surrender allowances each year as required by the 2020 Order.
The Cost Containment Mechanism will be triggered if the average price for one allowance on secondary futures markets is more than:
If any of the above occur then the Treasury can authorise changing the distribution of allowances or increasing the volume of allowances to be auctioned at auctions within a calendar year.
Part 4 of the Regulations legislate access to auctions by participants and details the eligibility criteria and process for those applying to bid in auctions and participate in the auction platform’s secondary market. The appointed auction platform can refuse, revoke or suspend admission to bid in auctions.
There is a right of appeal set by these Regulations against decisions made by the auction platform, such as admissions to bid.
Link to full text
Clarity is given on how the auction clearing price for UK ETS auctions will be determined and clarifies that it cannot be significantly below the prevailing secondary market price. This is to ensure there is not a scenario where there is a difference between the auction clearing price when the auction fully clears compared to when it partially clears.
The cost containment mechanism (CCM) enables the Treasury to amend the distribution or volume of allowances to be auctioned in any one year if the carbon price exceeds specified limits. The thresholds for the CCM to be implemented are clarified, as well as how the carbon price is calculated to determine if the CCM is triggered.
Link to full government text – Amendment
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Jurisdiction: England and Wales
Commencement: 31 March 2021
Amends: The Renewables Obligation Order 2015
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Jurisdiction: England and Wales
Commencement: 1 April 2021
Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012
The Energy Performance of Buildings (England and Wales) Regulations 2012 lay down the requirements for Energy Performance Certificates (EPCs) when buildings are constructed, sold or rented out; for Display Energy Certificates (DECs) to be displayed in large public buildings; and for the regular inspection of certain air-conditioning systems.
The fees set for entering documents, including Energy Performance Certificates (EPCs), Display Energy Certificates (DECs), and Air Conditioning Inspection Reports, onto the relevant public register are revised.
The new fees are:
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The gateway to Lancashire’s largest local nature reserve, Peel Park in Accrington, has had a £45,000 makeover to make it more accessible and boost biodiversity.
Funded by the Newground Together, Lancashire Environmental Fund, Hyndburn Borough Council and Tiree Community Windfall Fund, the project has been spearheaded by Friends of Arden Hall and the Coppice.
The improvements, designed and contracted by Newground’s landscape design team, include the installation of a low gradient ramped path and steps with handrail to make it more accessible for those with mobility issues, wheelchair users and families with prams.
A wildflower understorey will be completed in the Spring with the help of the Hyndburn Butterfly Project.
The need for increased access and improved safety to the northern entrance of Peel Park was identified following consultation with visitors, local residents, schools and councillors, as well as with archaeologists, ecologists and forestry experts.
Volunteers celebrated the completion of the makeover by planting trees during National Tree Week to create a hazel coppice.
Joyce Plummer, Secretary of Friends of Arden Hall, said: “The improvements couldn’t have come at a better time. Peel Park has been a sanctuary for local residents cooped up during the pandemic. Going for a walk has been one of the few luxuries we’ve been able to indulge in during lockdown and I think it has made people really appreciate this natural resource on their doorstep.”
Newground Together invests The Compliance People’s commercial profits into projects that improve the communities in which it operates and the lives of those people living there.
Mick Smith, Managing Director of Newground, said: “We are committed to the conservation, protection and improvement of the environment, which we know also has knock-on health and wellbeing benefits. We’re delighted to have played our part in enriching the habitats for wildlife at Peel Park and enabling more visitors to access the reserve.”
Cllr Miles Parkinson OBE, Leader of Hyndburn Borough Council added: “Peel Park is one of the treasures in Hyndburn and we are pleased to be supporting such an important project. Alongside making the park more accessible for so many people, the improvements will help our local wildlife thrive and encourage biodiversity. Thank you to all the experts involved and also to those who took part in the consultation process.”
The use of workplace rapid lateral flow testing for COVID-19 is becoming increasingly common, resulting in a new waste stream of spent tests and packaging for lots of businesses. So how can you dispose of this new waste stream safely, and stay compliant?
Guidance issued by DEFRA states that lateral flow testing waste does not present any increased risk compared to personal hygiene waste.
Therefore, where lateral flow device (LFD) testing is being done as an additional function to normal business at schools and workplaces, the waste produced is not considered to be healthcare waste and can be managed alongside other wastes e.g. black bag / general waste.
Packaging from the testing kits can and should be recycled through your existing waste streams.
Any used test kits including swabs, cartridges and devices should be placed in the small bag provided with the kit and then placed in black bag / general waste bins. Along with any disposable PPE such as face covering, gloves or aprons used during the testing process.
Though it is recommended that you discuss the management of LFD test kits waste with your waste management contractor.
NOTE: SEPA have also issued similar guidance in relation to Scotland.
Disposal of LFDs from healthcare facilities and dedicated mass testing locations.
It is important to note that there is now separate guidance which is specific to registered healthcare facilities and dedicated mass testing locations.
This requires LFD testing waste and PPE from these activities to be classified as non-hazardous offensive healthcare waste, which must be segregated and coded correctly (using the correct EWC codes).
Storage must follow the health technical memoranda (HTM) 07-01 packaging guidance and should be collected as part of an existing washroom or healthcare waste collection service or separately to recyclable materials and black bag waste.
The guidance also lists the types of waste facilities that waste swabs, cartridges and devices must be taken to.
In all circumstances, all organisations must fulfil their waste management duty of care in relation to this new waste stream, which includes ensuring suitable waste documentation is completed.
Jurisdiction: England
Commencement: 29 March 2021
These Regulations impose a new framework to suppress the Coronavirus (COVID-19) outbreak across England. The framework introduces 3 ‘Steps’ (Step 1 to Step 3) to implement gradual relaxations on individuals and businesses.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
These Regulations impose a new framework to suppress the Coronavirus (COVID-19) outbreak across England. The framework introduces 3 ‘Steps’ (Step 1 to Step 3) to implement gradual relaxations on individuals and businesses. Step 1 areas contain the highest level of restrictions and Step 3 contains the least amount of restrictions.
There are separate and different regulations in Scotland, Wales and Northern Ireland.
Step 1 restrictions include:
Step 2 restrictions include:
Step 3 restrictions include:
These Regulations came into force on 29th March 2021 and expire on 30th June 2021.
Currently, every area within England is in a Step 2 area and must adhere to the Step 2 restrictions.
The Secretary of State must review whether each area that is part of a Step 1, 2 or 3 area should continue to be part of that area at least once every 35 days, starting on 12th April 2021.
A gathering is a ‘permitted organised gathering’ if:
*The gathering organiser/manager in relation to a gathering takes the required precautions for the purposes of these Regulations by meeting both of the following requirements:
The level of restriction and the effect of these on businesses and individuals depends on which specific Step an area is placed under. The following sections explain the Step area system implemented in England.
No person may participate in an indoor gathering in a Step 1 area which consists of more than 2 people.
No person may participate in an outdoor gathering in a Step 1 area which consists of more than 6 people.
No person may hold, or be involved in the holding of, a relevant gathering* in the Step 1 area.
*A relevant gathering is a gathering:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
A person responsible for carrying on a restricted business in a Step 1 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
The person collecting purchased goods must not enter inside the premises to collect the goods.
A person responsible for providing library services in a Step 1 area may open the library premises for the purposes of:
These restrictions do not prevent any business from:
A person who is responsible for a restricted business in a Step 1 area must ensure that the business is closed except where it is used for the purposes of:
The businesses that may remain open in a Step 1 area are:
A person responsible for carrying on a restricted business / restricted service in a Step 1 area must follow the restrictions set out under paragraph 9 of Schedule 1.
Exceptions to these restrictions are outlined under paragraph 10 of Schedule 1.
A person responsible for carrying on holiday accommodation in a Step 1 area must cease to carry on that business. Exceptions to these restrictions can be found under paragraph 12 of Schedule 1.
No person may participate in an indoor gathering in a Step 2 area which consists of more than 2 people.
No person may participate in an outdoor gathering in a Step 2 area which consists of more than 6 people.
No person may hold, or be involved in the holding of a relevant gathering* in the Step 2 area.
*A relevant gathering is a gathering:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
A person responsible for carrying on a restricted business in a Step 2 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
A person responsible for carrying on a restricted business / restricted service in a Step 2 area must follow the restrictions set out under paragraph 9 of Schedule 2.
Exceptions to these restrictions are also outlined under paragraph 10 of Schedule 2.
A person responsible for carrying on holiday accommodation in a Step 2 area must cease to carry on that business. Exceptions to these restrictions can be found under paragraph 12 of Schedule 2.
No person may participate in an indoor gathering in a Step 3 area which consists of more than 6 people.
No person may participate in an outdoor gathering in a Step 3 area which consists of more than 30 people.
No person may hold, or be involved in the holding of, a relevant gathering* in the Step 3 area.
*A relevant gathering is a gathering:
Exceptions
There are a number of exceptions to the above restrictions, which can be found under:
A person responsible for carrying on a restricted business in a Step 3 area must cease to carry on that business or service. The restrictions apply to the following businesses and services:
Exceptions
Individuals responsible for carrying on a restricted business or providing a restricted service (the closed business) may:
A person responsible for carrying on a restricted business / restricted service in a Step 3 area may sell food and / or drink for consumption on the premises only if:
Enforcement powers are provided to police constables and other people designated by the Department of Health.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes duties under these Regulations or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers is guilty of an offence punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or another officer of that company, that person is also guilty of an offence.
The amount of a fixed penalty notice for individuals ranges from £100 for a first incident of receiving a notice, up to a maximum of £6,400 for repeated infringements. The amount of a fixed penalty notice for businesses or organisers ranges from £1,000 for a first incident of receiving a notice, up to a maximum of £10,000 for repeated infringements.
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Jurisdiction: UK
Commencement: 24 March 2021
Amends: The Carbon Accounting Regulations 2009
The Carbon Accounting Regulations 2009 make requirements about carbon units and carbon accounting for the purposes of Part 1 of the Climate Change Act 2008. They introduce a carbon accounting system which will be used to monitor compliance with the targets for reducing greenhouse gas emissions.
These 2021 Regulations give the calculation to be used to take emissions regarding the European Union Emission Trading Scheme into account for the 2019 year. This creates duties for the Government only.
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Jurisdiction: UK
Commencement: 4 May 2021
Amends: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 require manufacturers, importers and distributors to restrict the use of certain specified hazardous substances including some heavy metals and flame retardants in electrical and electronic equipment, and require equipment to be conformity marked before being placed on the market.
Amendments are made to Schedule A1 (Restricted substances referred to in regulation 3 and maximum concentration values tolerated by weight in homogeneous materials), to change the maximum concentration value of Cadmium to 0.01%.
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Jurisdiction: UK (The Biofuel (Labelling) Regulations 2004) and GB (The Motor Fuel (Composition and Content) Regulations 1999)
Commencement: 19 March 2021 for the majority. However, some regulations come into force on 1 September 2021.
Amends: The Biofuel (Labelling) Regulations 2004 (UK) and The Motor Fuel (Composition and Content) Regulations 1999 (GB)
Amendment: The sale of E10 grade petrol (petrol containing an ethanol content over 5.5%) must be accompanied by the following consumer message, prominently displayed on the fuel’s dispenser:
This requirement is introduced as, while E10 grade petrol is useable by most modern petrol powered vehicles, some older vehicles are not approved for its use.
Amendment: From 1st September 2021, petrol stations in Great Britain are required to only sell 95 octane premium petrol that meets an E10 grade specification. An E10 grade means that the petrol contains an ethanol content of between 5.5% and 10%. The requirements are being introduced as no major supplier has unilaterally chosen to make the move to E10 grade fuel despite it being approved for sale since 2011. The use of E10 grade fuel is seen as a tool to help meet climate change targets as petrol with higher ethanol content produces less overall carbon dioxide emissions.
While E10 grade petrol is useable by most modern petrol powered vehicles, some older vehicles are not approved for its use. Requirements are therefore introduced for super grade higher octane petrol to remain at an E5 grade, meaning it can have no more than 5% ethanol or 2.7% oxygen.
Where there is a shortage of E10 grade petrol due to an issue with a refinery or blending facility (a facility that adds ethanol to the petrol), distribution of 95 octane premium petrol fuel with an ethanol content below 5.5% may take place. Notice must be submitted to the Secretary of State within two days and the exemption lasts for 10 days from the issue occurring. Extensions to this exemption can be granted by the Secretary of State. A person must not operate under this exemption any more than 3 times in a 12-month period.
Fuel terminals that are currently unable to blend any ethanol into their petrol products can apply for an exemption from the requirement to meet the E10 grade. This exemption, if granted, will apply for 2 years.
Exemptions to the E10 grade requirements are also granted to filling stations that sell under 1 million litres of fuel per year, and to those located in the Scottish Islands and the Scilly Isles.
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