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Jurisdiction: UK
Commencement: 1st October 2020
Amends:
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
Record keeping
Records of exempt waste operations falling within the description of the following are required to be kept by operators:
Waste collected for re-use and recycling not to be incinerated or landfilled
Schedule 9 is updated to include a new statutory permit condition on ‘Waste separately collected for preparing for re-use and recycling not to be incinerated or landfilled’. This restricts the acceptance for incineration or landfill of waste paper, metal, plastic and glass collected separately in preparation for re-use or recycling. Unless a relevant permit authorises the operator to accept such waste for incineration or landfill, or if incineration or landfilling provides the best possible environmental outcome, the waste must not be accepted.
Duties
Record keeping:
Chronological records of the quantity, nature, origin and where relevant, the destination and treatment of all waste disposed of or recovered are required to be kept by operators of some exempt waste operations including:
These records must be kept for 2 years or 3 years if it involves treatment of hazardous waste. This does not apply if the waste exemption falls within paragraph U10 or U11 and the undertaking is already required to keep records in relation to the operation under the Nitrate Pollution Prevention Regulations 2015 or the Nitrate Pollution Prevention (Wales) Regulations 2013.
Minor amendments are made to insert reference to the following EU Directives in order to refer to the most recent amendment:
Waste collection authorities’ duties
Duties placed on waste collection authorities to ensure that waste paper, metal, plastic or glass are collected separately do not apply where one of the following conditions are met:
Where waste is collected separately to undergo preparation for re-use, recycling or other recovery, it must not be mixed with other wastes or materials, unless one or more of the following conditions are met:
Schedule 1
As a result of the UK establishing waste prevention programmes, further additional measures are included in Part 2 of Schedule 1.
The updated schedule includes:
For more detailed information please see Part 2 of Schedule 1.
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
As a result of Directive (EU) 2018/852, all packaging containing oxo-degradable plastic is not to be considered as biodegradable.
*oxo-degradable plastic packaging is made from plastic materials that include additives that breaks down the plastic material into micro-fragments.
Packaging designed and produced for commercial use, must have the waste hierarchy applied for the purpose of its re–use, recovery or recycling. The waste hierarchy ranks waste management options from the most preferable to the least preferable for the environment. These options are:
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are changed to refer to the most recent amendment (Directive (EU) 2018/851 amending Directive 2008/98/EC on waste).
There are no changes in duties for businesses.
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are changed to refer to the most recent amendment (Directive (EU) 2018/851 amending Directive 2008/98/EC on waste.
The definition of municipal waste* is also updated to mirror the definition found in Article 3 of the Waste Framework Directive. There are no changes in duties for businesses.
*Municipal waste is mixed waste which is collected separately from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.).
References to the following EU Directives are changed to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
Hazardous waste which has been mixed unlawfully is required to be separated.
Where the separation of hazardous waste is not required, the person holding that waste is required to make arrangements for mixed hazardous waste to be treated at a facility authorised by a waste permit to treat the mixed waste.
Mixing of waste oils is prohibited where it would obstruct the regeneration* or other equivalent recycling operation for those oils.
*Regeneration is a recycling operation where base oils can be produced by removing the contaminants and additives contained in waste oils.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
The definition of energy recovery is updated to mean the incineration with heat recovery, of combustible packaging either on its own or with other types of wastes.
There are no changes in duties for businesses.
Schedule A1 is updated to insert Directive (EU) 2018/851 amending Directive 2008/98/EC on waste. Directive (EU) 2018/851 replaces reference to Regulation (EU) 2017/997 amending Annex III to Directive 2008/98/EC as regards the hazardous property HP 14 ‘Ecotoxic’.
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to replace reference to the following EU Directives in order to refer to the most recent amendment:
There are no changes in duties for businesses.
Minor amendments are made to insert reference to the following EU Directive in order to refer to the most recent amendment:
There are no changes in duties for businesses.
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Jurisdiction: England
Commencement: 28th September 2020
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
These Regulations apply to adults who have been notified by one of the following relevant persons of the need to self-isolate:
They introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
Any breach of these self-isolation requirements is an offence and punishable by a fine of up to £10,000.
Who these requirements apply to
When an adult is notified by a relevant person that either they or a child they are responsible for, have tested positive for Coronavirus from a test taken after 28th September 2020 (or have had close contact with someone who has) that adult is required to follow the self-isolation requirements laid out in these Regulations.
Requirements of self-isolation
A person who is required to self-isolate must comply with the following:
– Remain in their home or the home of a friend/family member.
– Only leave their residence for the following specific reasons:
– In the case of an adult or child who has tested positive for Coronavirus, they must remain self-isolated for a period of 10 days, either:
– In the case of an adult or child who had close contact with someone who has tested positive, they must remain self-isolated for a period of 14 days, either:
Employers of workers (including agency workers) who are self-isolating must not allow the self-isolating workers to attend any place, other than their designated place of self-isolation (e.g. their home), for any purpose related to their employment during their isolation period. This means that workers undertaking activities related to their employment at their designated place of self-isolation do not breach these requirements.
Where a worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating worker must notify their employer. This includes informing their employer of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
Where an agency worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating agency worker must notify the agent, the principal or the self-isolating agency worker’s employer (where that person is not the agent or a principal). This includes informing them of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
The person who receives the notification from the self-isolating agency worker (either the agent, the agency worker’s employer, or a principal) must supply the information to the other two parties as soon as possible.
Not abiding by any of the requirements to self-isolate under these Regulations is an offence and punishable by a fine of up to £1,000 for a first time offence, increasing to a maximum of £10,000 for multiple breaches.
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Jurisdiction: England, Scotland, Wales
Commencement: 30th September 2020
Amends: The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended
The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended makes requirements for Feed in Tariffs. They set the maximum capacity for small scale low carbon electricity generation for Feed in Tariffs. The Regulations provide for the accreditation of installations, the operations of the registry and general administrative functions.
This amendment order provides extensions for certain small-scale renewable electricity generators to apply for accreditation under the Feed-In Tariffs scheme (“FIT scheme”) and comes into force on 30th September 2020. This is due to potential delays in commissioning projects due to the Coronavirus (COVID–19) pandemic.
ROO-FIT scale installations, whose preliminary accreditation validity period would have ended on or after 1st March 2020 and Microgeneration Certification Scheme scale community energy installations that pre-registered between 1st March 2019 and 31st March 2019 are given an additional 12 months to commission and apply for accreditation.
The time period to commission and apply for accreditations for these installations are now as follows:
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Jurisdiction: Republic of Ireland
Commencement:
29th July for Amendment 6
8th August 2020 for Amendment 7
Amends: Road Traffic (Licensing of Drivers) Regulations 2006
The Road Traffic (Licensing of Drivers) Regulations 2006 set out requirements for the issuing of provisional and driving licences.
Driving licences that expired or are due to expire between 1st March 2020 and 31st August 2020 are extended for 7 months from the date of expiry specified on the licence. This extension applies to all categories listed on the affected driving licences.
A person aged 70 years or older applying for a learner permit or driving licence during the period 1st August 2020 to 31st December 2020 is not required to submit a medical report with their application
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Jurisdiction: Republic of Ireland
Commencement: 27th August 2020
Amends: European Union (Packaging) Regulations 2014
The European Union (Packaging) Regulations 2014 place legal responsibility on businesses and companies to ensure packaging waste is recycled as much as possible.
These Regulations lay down measures aimed at preventing the generation of packaging waste to reduce final disposal and to contribute to the transition towards a circular economy.
New requirements are inserted for all producers* to recover and recycle packaging waste.
*A producer sells or supplies packaging material, packaging or packaged products to others.
Before 31st December 2025, producers who import packaged products or put product into packaging (i.e. packers or fillers) must take steps to ensure that at least 65% by weight of all packaging waste is recycled.
The following minimum targets by weight for recycling are to be met no later than 31st December 2025:
From 1st January 2026, any producer who imports packaged products or puts products into packaging must take steps to ensure that at least 70% by weight of all packaging waste is recycled. The following minimum targets for recycling by weight are to be met no later than 31st December 2030:
The Minister for Communications, Climate Action and Environment (The Minister) is required to ensure that preventative measures are implemented to prevent the generation of packaging waste and to minimise the environmental impact of packaging.
Such preventative measures include, but are not limited to:
The Minister must take measures to encourage an increase in the availability of reusable packaging, without compromising food hygiene or the safety of the consumer.
Such measures may include:
After consultation with the Environmental Protection Agency (EPA), the Minister may adjust the recycling target for each material.
Return, collection and recovery systems
The Minister is required to take the necessary measures to ensure that systems are set up to provide for:
By 31st December 2024, the Minister is required to ensure that extended producer responsibility schemes are established for all types of packaging. The Minister is also required to take measures to promote high quality recycling of packaging waste and to meet the necessary quality standards for the relevant recycling sectors.
Data to be included in the packaging and packaging waste databases
Schedule 5 introduces a list of data to be included in relation to primary, secondary and tertiary packaging and household and non-household packaging waste.
The quantities for each category of material of packaging consumed, reused, recycled and recovered are to be included in the database.
Schedule 6 introduces the implementation plan to be submitted by the Minister. This must contain the following:
An effective system of quality control and traceability of packaging waste is to be established to ensure these Regulations are met.
The EPA is required to calculate the weight of packaging waste generated and recycled per calendar year (i.e. 1st January – 31st December). The weight of packaging waste recycled is to be measured when the waste enters the recycling operation.
The weight of packaging waste generated and recycled is to be calculated by:
Where biodegradable packaging waste enters treatment, it may be counted as recycled where the treatment generates the following output:
Where the output is used on land, it may count as recycled only if it benefits agriculture or provides ecological improvement.
Please note: As a result of Directive (EU) 2018/852 amending Directive 94/62/EC on packaging and packaging waste, any packaging containing oxo-degradable plastic is not to be considered as biodegradable.
*oxo-degradable plastic packaging is made from plastic materials that include additives that breaks down the plastic material into micro-fragments.
The following end-of-waste materials are not to be counted towards the achievement of recycling targets:
The EPA may take into account the recycling of metals separated after incineration, provided the recycled metals meet the quality criteria laid down in Article 11a(9) of Directive 2008/98/EC on waste (the ‘Waste Framework Directive’).
The EPA is required to report data on reusable packaging for each calendar year to the European Commission. This must be submitted in accordance with the formats established under Article 12 and Annex III of Directive 94/62/EC on packaging and waste, as amended.
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Jurisdiction: EU
Commencement: 29th June 2020
Amends: Regulation (EU) 2016/2031 on protective measures against pests of plants
Regulation (EU) 2016/2031 on protective measures against pests of plants implements controls on the movement of certain plants, plant pests and other material into, from and within the EU to help protect the environment from the spread of harmful pests and diseases.
These amendments primarily amend Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods planting but also have relevance to Regulation (EU) 2016/2031 on protective measures against pests of plants (“2016 Regulations”).
Since the presence or symptoms of pests may not be recognised at the time of checking at Border Control Posts or control points, additional physical checks are to be carried out on imported dormant plants for planting other than seeds during their first growing season. These checks will be carried out by the competent authorities at the operator’s premises.
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Increasingly companies are providing defibrillators, commonly known as AEDs, in the workplace. With first aid courses now including AED awareness training, The Compliance People Consultant Dave Almond looks at the merits of workplace defibrillators.
When a person is unconscious, unresponsive and not breathing, or not breathing normally they are in cardiac arrest. The heart is no longer pumping blood to the brain and it is important to act immediately. An AED (automated external defibrillator) is an easy to use device which tells the user exactly how to use it and what to do. When someone is in cardiac arrest it is used to shock the heart back into a normal rhythm. Importantly, it will only instruct the user to deliver a shock if one is needed so the user cannot harm the person. AEDs are designed so the user does not need training.
Before we look at AEDs in the workplace, it is important to see how they fit into what is known as the chain of survival. When someone suffers a sudden cardiac arrest outside a hospital environment, such as at work, there are four key interrelated steps which if delivered effectively and in sequence maximise the chances of survival:
For every minute delay in use of a defibrillator the chances of survival for the person fall by 10%. If you wait for the ambulance to arrive, essential opportunities to maintain life may have been missed.
The Nuffield Trust says the average response time for a Category 1 (‘life-threatening’, which includes cardiac arrest) ambulance response in England was 8 minutes and 7 seconds in March 2020. This is a big factor in why more employers are introducing AEDs.
While, there are no legal requirements to provide AEDs at work, and no specific regulations which cover the provision or use of AEDs at work, The Health and Safety (First-Aid) Regulations 1981 require employers to provide equipment and facilities which are adequate and appropriate in the circumstances for enabling first-aid to be rendered to their employees if they are injured or become ill at work. This includes the provision of trained first aiders.
The best way an employer can demonstrate that first aid provision is adequate and appropriate is through a first aid needs assessment. This will identify the first aid risks and what is needed to manage them (e.g. enough trained first aiders, first aid kits and equipment in the right locations, etc.).
The assessment should include factors such as:
It should also consider the health of people on site (e.g. are there staff with heart conditions within the workforce and if so, how many are there?), as well as the geographical site location or any site access issues which may present increased journey times for an ambulance arriving there. Resuscitation Council UK suggests it would be a flaw to use the close proximity of an ambulance station as justification not to have an AED, as ambulances are deployed where needed and this may be a significant distance from the ambulance station and consequently, the employer. If there are staff at potential risk of cardiac arrest then the risk of death from a cardiac arrest is very high; this should therefore require further action from the assessment.
According to the Health and Safety Executive (HSE), where the needs assessment identifies the need for an AED in the workplace, The Provision and Use of Work Equipment Regulations 1998 (commonly known as PUWER) will apply. This requires the employer to provide information and written instructions on how to use the AED.
Useful guidance on how to assess whether your company needs an AED is provided by Resuscitation Council UK.
As we have established, AEDs are designed so the user does not require training to use them. However, the HSE advises that fuller training is likely to increase the confidence of the user, making the link with the two main workplace first aid courses: First Aid at Work (FAW) and Emergency First Aid at Work (EFAW), which both now include defibrillator awareness in the syllabus for the courses. The HSE also advises that where the first aid needs assessment identifies the need for an AED, employees are fully trained to use it.
When an employer does introduce an AED, it is important to integrate the equipment into the first aid arrangements for the site. This should include:
It is recommended that devices are professionally inspected annually.
Jurisdiction: EU
Commencement: 1st July 2020, but doesn’t apply until 1st March 2022
Amends: Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures introduces a globally harmonised system of classification and labelling of chemicals into European law. It supplements the REACH Regulation for the registration, assessment, authorisation and restrictions concerning chemical substances. The Regulations require that substances and mixtures are classified according to the physical hazards, the health hazards or the environmental hazards that they create. They also detail the labelling and packaging requirements.
The list of harmonised classification and labelling of hazardous substances in Part III of Annex VI is updated, to remove or insert multiple chemicals. This is following the conclusion of opinions issued by the Committee for Risk Assessment of the Agency (RAC) for these substances.
Additionally, new scientific data has been made available, suggesting that the current available data may not be appropriate for:
Therefore, until the RAC issues a revised opinion of the new data, the hazard class will not be modified and lead massive will not be included in Annex VI.
*acute toxicity (inhalation) substances cause an adverse response from one or multiple doses within 4 hours of inhalation.
The amendments to Annex VI will come into effect on 1st March 2022.
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Jurisdiction: Wales
Commencement: 24th August 2020
Amends: The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015
The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015 detail the payment of fees to local planning authorities in relation to applications for planning permission, application for a certificate of lawful use or development, applications for consent for the display of advertisements and certain other applications.
These Regulations increase fees for the following by approximately 20%:
A more detailed breakdown of the increases can be found below.
New fees are introduced for applications for certificates of appropriate alternative development.
The fee for applications for certificates of lawful use or development has increased from £190 to £230.
Where the use specified in an application is 50 or fewer dwellinghouses, the fee has increased from £380 to £460 for each dwellinghouse.
Where the use specified in an application is more than 50 dwellinghouses, the fee has increased from £19,000 to £23,000 plus an additional £120 for each dwellinghouse in excess of 50, subject to a maximum total of £300,000.
The fee for an application under Part 6 (Agricultural Building and Operations), Part 7 (Forestry Building Operations) or Part 31 (Demolitions of Buildings) of The Town and Country Planning (General Permitted Development) Order 1995 (“the 1995 Order”) have been increased from £80 to £100.
The fee for an application under Part 24 (Development by Telecommunications Code System Operators) of the 1995 order has been increased from £380 to £460.
The fee for a site visit where the whole or part of the location is an active site has increased from £330 to £400.
The fee for a site visit where the whole site is inactive has increased from £110 to £135.
The fee for an application made under Article 23 of the The Town and Country Planning (Development Management Procedure) (Wales) Order 2012 has increased:
The fee for an application for non-material changes to planning permission under section 96A(4) of the Town and Country Planning Act 1990 has increased:
The fee for an amendment to a valid application for a major development that has been submitted to a local planning authority has increased from £190 to £230.
The various fees for planning applications and deemed applications in specific cases (found in Part 1 of Schedule 1) have been also been increased by approximately 20%.
A fee of £230 is introduced for applications made for a certificate of appropriate alternative development under section 17 of the Land Compensation Act 1961. The fee is reduced to £115 if made by or on behalf of a community council.
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Jurisdiction: Republic of Ireland
Commencement: 27th August 2020
Amends: Waste Management (Licensing) Regulations 2004
The Waste Management (Licensing) Regulations 2004 regulations provide for the continued operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The licensing regulations ensure high environmental standards and that the licensee deals with long-term environmental liabilities. The license deals with emissions to all environmental media and the environmental management of a facility
The aim of these Regulations is to ensure there is a progressive reduction of landfill waste, such as waste that is suitable for recycling or other types of recovery, and to provide measures on the operational and technical requirements on the waste to prevent or reduce the negative effects on the environment.
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
Duties are placed on the Environmental Protection Agency (EPA) and local authorities to take all necessary measures to ensure that:
In order to determine if the above targets have been achieved, the following must be considered when calculating the amount of municipal waste that has been sent to landfill:
Please note: the weight of waste produced during recycling or other recovery operations which is sent to landfill is not to be included in the weight of municipal waste reported as landfilled.
The EPA and local authorities must establish an effective system of quality control and traceability of the municipal waste which is sent to landfill to ensure these Regulations are met.
Where municipal waste is shipped to another European Union (EU) country or exported from the EU for the purpose of landfilling, the volume of waste reported and validated is to be counted towards the amount of landfilled waste.
The EPA is required to report the data for each calendar year to the European Commission (EC). This is to be reported electronically within 18 months from the end of the reporting year. All data must be reported until 1st January 2025. the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
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