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Jurisdiction: EU
Commencement: 1 August 2020
Amends:
Revokes / Repeals: Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters
These Regulations set out a framework that applies to tyres placed on the market. To enable customers to make informed decisions about their purchase, information relating to safety, fuel-efficiency, longevity and noise levels must be provided on a label attached to the tyre.
Tyre labels are to be formatted in accordance with Annex II and include the following information:
These Regulations apply to C1 tyres (tyres for cars), C2 tyres (tyres for vans) and C3 tyres (tyres for heavy duty vehicles) The Regulations place duties on suppliers and distributers of the above mentioned tyre types.
These Regulations do not apply to:
Obligations on tyre suppliers
Suppliers* of C1, C2 and C3 tyres must ensure, free of charge, that:
*A supplier is defined as:
**Distance sales are the hire or sale of goods where the customer cannot be expected to physically see the goods displayed and includes:
***A relevant national authority is an approval authority or other authority involved in and responsible for market surveillance, border control or registration in a Member State with respect to vehicles, systems, components, separate technical units, parts or equipment.
From 1st May 2021 suppliers must submit the information in Annex VII into the product database before placing a new tyre on the market.
Obligations of tyre distributors
Distributors must ensure that:
Obligations of vehicle suppliers and distributors
When selling a new vehicle to a customer the supplier/distributor must provide the customer with the tyre label for the tyres that come with the vehicle. There is also an obligation to provide the customer with any relevant technical promotional material and to ensure that the product information sheet is available.
1) Regulation (EU) 2017/1369 setting a framework for energy labelling and repealing Directive 2010/30/EU
An amendment is made to include Regulation (EU) 2020/740 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (’2020 regulations’) into article 12 to ensure the product database continues to serve its intended purpose by expanding its scope to include the 2020 Regulations.
2) European Union (Labelling of Tyres) (Fuel Efficiency) Regulations 2012
These amendments repeal and replace EU Regulation 1222/2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters (‘Regulation 1222/2009’) with effect from 1st May 2021.
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Jurisdiction: Republic of Ireland
Commencement: 1 September 2020
Amends: Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012
The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 introduces a ban on the residential burning of specified bituminous fuels in private dwelling in specified areas to complement the existing ban on the marketing, sale and distribution.
The Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 ban the burning and sale of specified fuels in certain areas of the Republic of Ireland. Specified fuels are defined as any bituminous coal, any admixture of solid fuel containing bituminous coal, any manufactured fuel containing bituminous coal meeting a certain specification or any solid fuel with a Sulphur content greater than 2% by weight on a dry ash-free basis.
These Regulations introduce a ban, from the 1st September 2020, on the marketing, sale, distribution and burning of specified fuels in specified areas of the following locations:
They also extend the specified area of Cork to include further townlands within Carrigtwohill.
Further details on the townlands now considered to be specified areas can be found in the amendment.
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The number of people working from home has been rising steadily over the last five years. It’s estimated the UK has over 4 million home workers, representing ~12% of the UK’s 32.6 million workforce; a third of home workers being employees.
The benefits of homeworking are well documented, including increased productivity, lower travel costs and reduced overheads. However, as homeworking is expected to become a long-term or permanent arrangement for many more employees post Coronavirus (Covid-19), this brings new challenges for employers, particularly when managing health and safety.
Employers have a legal duty to protect the health and safety of all workers, including those working from home and they need to ensure they stay on the right side of the law. Employers are required to consider the type of work activities carried out, whether they can be done safely and what, if any, control measures are needed to protect their employees. Carrying out a homeworking risk assessment for each home worker will provide employers with the information needed to identify any health and safety risks. It’s the responsibility of employers to ensure this is done where homeworking is intended to be a long-term or permanent arrangement.
A homeworking risk assessment is designed to assess whether the home workplace is suitable and to enable the employer and the home worker to identify and address, as far as is reasonably practicable, any health and safety risks identified.
A homeworking risk assessment should consider the following:
Employers should ensure that homeworking risk assessments are reviewed periodically.
Employees are responsible for informing their employer if any of the homeworking measures implemented are inadequate and/or they have any concerns in relation to their health and safety in the home.
Further information & support
IOSH have produced a handy guidance document with a useful homeworking checklist which can be found here.
Our team of experienced consultants can also offer further guidance and support on your legal duties. If you have a question about managing health & safety compliance, contact us.
The Compliance People donates all profits to its charity, Newground Together, which works to provide better lives and opportunities for the people living in our communities.
This month Newground Together arranged a virtual ‘Meet the Employer’ day on Microsoft Teams to support Employability Day.
With the offer of tips and advice from Stuart Smith, Recruitment Manager at Capita TVL in Darwen, it was a great opportunity for jobhunters to meet a local employer, ask questions, and for some to get used to using Microsoft Teams for the very first time!
Our charity works closely with many employers to support them with their recruitment needs for free.
Our charities Senior Employment Advisor Mark Stevenson, introduced the session by saying: “This event is to help job seekers promote themselves to employers in the area via online calling, which may become the norm for the near future.”
Feedback was extremely positive leading to at least one being invited for an interview the following week.
The session clearly helped address important recruitment queries and make the job hunting process less daunting.
Mark Stevenson added “The event was very successful and without running it, people looking for work would find it hard during these times, to promote themselves. The questions they asked were informative and I am sure it will help them in their job search.”
Stuart Smith said: “From my perspective it was good to see where candidates concerns are with interviews and assessments. Ideally we want to make the assessment process as relaxed as possible so we can assess the candidates naturally.
Jurisdiction: UK
Commencement: IP completion day
Amends:
The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018 set out the eligibility criteria for facilities wishing to enter into Climate Change Agreements (CCAs) in order to receive a discount on their Climate Change Levy (CCL). The CCl is a tax on electricity, natural gas, liquefied petroleum gas and solid fuels supplied to the business and public sectors. The CCA scheme was introduced in order to allow certain energy intensive businesses to pay a reduced rate of CCL in return for entering into sector-energy specific energy efficiency agreements.
The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (CRC), formerly the carbon reduction commitment, is designed to promote energy efficiency and reduce carbon emissions in the UK. CRC targets emissions that are not included within Climate Change Agreements (CCA) or the EU Emissions Trading System (EU ETS).
The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 introduce the Energy Saving Opportunity Scheme which is a mandatory energy assessment and energy saving identification scheme for large undertakings and their corporate groups. All must audit their energy use every four years.
The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018
The 2018 Regulations are amended to change the term ‘exit day*’ to ‘IP completion day**’ (in relation the UK leaving the EU). This means the 2018 Regulations will come into force on IP completion day instead of exit day. This does not make any changes to duties.
*Exit day was 31st January 2020.
**IP completion day is the day the transition period ends (31st December 2020).
The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018
The 2018 Regulations are amended to change the term ‘exit day*’ to ‘IP completion day**’ (in relation to the UK leaving the EU). This means the 2018 Regulations will come into force on IP completion day instead of exit day. This does not make any changes to duties.
*Exit day was 31st January 2020.
**IP completion day is the day the transition period ends (31st December 2020).
The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018
The 2018 Regulations converted the financial thresholds for ESOS from euros to pounds sterling to reflect the UK’s exit from the EU. This conversion originally applied from exit day* but this has now been updated to be relevant from IP completion day**.
*Exit day was 31st January 2020.
**IP completion day is the day the transition period ends (31st December 2020).
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Jurisdiction: EU
Commencement: 14 December 2019
Amends: Regulation (EU) No 142/2011
Regulation (EU) No 142/2011 sets out the requirements for the collection, storage, transport, treatment, use and disposal of animal by-products.
Certain conditions are added into Annex XIV for the import of consignments of animal by-products and derived products originating from, and returning to, the EU following refusal of entry by a third country. This is because there currently aren’t any specific controls in place for this situation so these consignments are subject to general import rules for consignments from third countries. However, the animal and public health risk posed by these consignments is different to those originating in third countries. Therefore, one of the conditions added is that these types of consignments do not need be accompanied by a commercial document or health certificate required for consignments originating from third countries.
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Jurisdiction: England, Scotland, Wales
Commencement: Immediately before IP completion day
Amends:
The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 contain requirements for the management and administration of offshore oil and gas installations in the waters around Great Britain and the United Kingdom’s administered region of the continental shelf, for the purposes of health and safety.
The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 set duties for management of fire and other emergency scenarios on offshore installations.
The Borehole Sites and Operations Regulations 1995 contain requirements in relation to borehole operations carried on at borehole sites in Great Britain, for purposes of health and safety.
Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995
This amendment comes into force immediately before IP completion day,* i.e. the day before the end of the transition period in place for the United Kingdom’s (UK) exit from the European Union (EU).
The Health and Safety (Amendment) (EU Exit) Regulations 2018 amended The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 to ensure they continued to operate effectively following the UK’s exit from the EU. The Health and Safety (Amendment) (EU Exit) Regulations 2018 are amended to make it clear that the amendments they made come into force on IP completion day, as opposed to exit day,** as previously stated.
*IP completion day is the day the transition period ends for the UK’s exit from the EU and is 31st December 2020.
*Exit day was 31st January 2020
Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
This amendment comes into force immediately before IP Completion day,* i.e. the day before the end of the transition period in place for the United Kingdom’s (UK) exit from the European Union (EU).
The Health and Safety (Amendment) (EU Exit) Regulations 2018 amended The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 to ensure they continued to operate effectively following the UK’s exit from the EU. The Health and Safety (Amendment) (EU Exit) Regulations 2018 are amended to make it clear that the amendments they made come into force on IP completion day, as opposed to exit day,** as previously stated.
*IP completion day is the day the transition period ends for the UK’s exit from the EU and is 31st December 2020.
*Exit day was 31st January 2020.
Borehole Sites and Operations Regulations 1995
This amendment comes into force immediately before IP completion day,* i.e. the day before the end of the transition period for the United Kingdom’s (UK) exit from the European Union (EU).
The Health and Safety (Amendment) (EU Exit) Regulations 2018 amended The Borehole Sites and Operations Regulations 1995 to ensure they continued to operate effectively following the UK’s exit from the EU. The Health and Safety (Amendment) (EU Exit) Regulations 2018 are amended to make it clear that the amendments they made come into force on IP completion day, as opposed to exit day,** as previously stated.
*IP completion day is the day the transition period ends for the UK’s exit from the EU and is 31st December 2020.
**Exit day was 31st January 2020.
Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996
This amendment come into force immediately before IP completion day,* i.e. the day before the end of the transition period for the United Kingdom’s (UK) exit from the European Union (EU).
The Health and Safety (Amendment) (EU Exit) Regulations 2018 amended The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 to ensure they continued to operate effectively following the UK’s exit from the EU. The Health and Safety (Amendment) (EU Exit) Regulations 2018 are amended to make it clear that the amendments they made come into force on IP completion day, as opposed to exit day,** as previously stated.
*IP completion day is the day the transition period ends for the UK’s exit from the EU and is 31st December 2020.
*Exit day was 31st January 2020.
Control of Artificial Optical Radiation at Work Regulations 2010
This amendment come into force immediately before IP completion day,* i.e. the day before the end of the transition period for the United Kingdom’s (UK) exit from the European Union (EU).
The Health and Safety (Amendment) (EU Exit) Regulations 2018 amended The Control of Artificial Optical Radiation at Work Regulations 2010 to ensure they continued to operate effectively following the UK’s exit from the EU. The Health and Safety (Amendment) (EU Exit) Regulations 2018 are amended to make it clear that the amendments they made come into force on IP completion day, as opposed to exit day,** as previously stated. [July 2020]
*IP completion day is the day the transition period ends for the UK’s exit from the EU and is 31st December 2020.
*Exit day was 31st January 2020.
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Jurisdiction: England, Scotland, Wales
Commencement: 20 July 2020
Amends:
The Domestic Renewable Heat Incentive Scheme Regulations 2014
The Renewable Heat Incentive Scheme Regulations 2018
The Domestic Renewable Heat Incentive Scheme Regulations 2014 establish a government financial incentive to promote the use of renewable heat within households. Financial support is paid quarterly, at a set rate per unit of renewable heat produced for seven years, to the owner of the heating system. Tariffs are set according to technology. The scheme is administered by the Gas and Electricity Markets Authority.
The Renewable Heat Incentive Scheme Regulations 2018 continue the Renewable Heat Incentive Scheme to facilitate and encourage the renewable generation of heat by giving subsidy payments to eligible generators of renewable heat and producers of biomethane.
The Domestic Renewable Heat Incentive Scheme Regulations 2014
These Regulations extend the Domestic Renewable Heat Incentive Scheme for another year until 31st March 2022. No changes are made to eligibility criteria or ongoing obligations for participants.
Changes are made to Schedule 6 to update the expenditure threshold for biomass plants, air source heat pumps, ground source heat pumps and solar thermal plants. This is to ensure cost control for the scheme.
The Renewable Heat Incentive Scheme Regulations 2018
These Regulations introduce a flexible new allocation of ‘Tariff Guarantees’ for participants in the Non-Domestic Renewable Heat Incentive Scheme (NDRHI). A Tariff Guarantee allows applicants to the NDRHI to secure a tariff rate before their installation is commissioned and fully accredited on the Scheme. In applications for a Tariff Guarantee, information is submitted in three stages. Stage 2 information has to be submitted before the closure of the NDRHI on 31st March 2021. The payment period will last until 31st March 2041, and the installation must be accredited no later than 31st March 2022.
In addition, commissioning deadlines are extended to 31st March 2022 for all projects that have submitted a stage 1 Tariff Guarantee application on or after 17th July 2019 and before 29th June 2020. This is due to commissioning delays for installations caused by COVID-19.
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Jurisdiction: England
Commencement: 15 June 2020
These Regulations require individuals to wear face coverings whilst using public transport in England (i.e. buses, trains, trams, aircraft and water taxis) to protect against the risks to public health arising from Coronavirus (Covid-19).
These Regulations provide powers to police services and transport operators to deny a person access to a public transport service if they are not wearing a face covering, or to direct them to leave a public transport service if they do not wear a face covering when asked to do so.
A face covering is a covering of any type which covers a person’s nose and mouth (e.g. a mask, scarf, bandana etc.).
These Regulations expire on 15th June 2021.
Under these Regulations, a person using public transport services (i.e. buses, trains, trams, aircraft, water taxis) is required to wear a face covering at all times, except where a reasonable excuse is given.
Reasonable excuse to not wear a face covering
A person may not remove face coverings, except in the following circumstances:
The requirement to wear a face covering whilst on public transport does not apply to the following individuals:
An adult (i.e. aged 18 years or above) may be issued with a fixed penalty notice of £100 for failing to wear a face covering. If paid within 14 days, the penalty is reduced to £50.
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