Jurisdiction:  EU

Commencement:   1st January 2020

Mini Summary

This Regulation sets CO2 emissions performance requirements for manufacturers of new passenger cars and light commercial vehicles, and premiums to be paid if they are exceeded.

Summary

CO2 emissions performance requirements are set by the European Commission (EC) for new passenger cars* and new light commercial vehicles* in order to help achieve the European Union (EU) greenhouse gas emissions reduction target and the objectives of the Paris agreement (a global action plan to limit global warming to below 2°C above pre-industrial levels).

*New passenger cars are Category M1 vehicles which are registered in the EU for the first time and have not previously been registered outside of the EU. Category M1 means vehicles for the carriage of passengers with no more than 9 seats, including the driver’s seat, as defined in Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles. 

*New light commercial vehicles are Category N1 vehicles with a mass not exceeding 2610kg and those type approved under Regulation (EC) 715/2007 which are registered in the EU for the first time and have not previously been registered outside of the EU. Category N1 means vehicles for the carriage of goods with a maximum mass of 3.5 tonnes. as defined in Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

Zero emissions category N vehicles with a mass exceeding 2480kg will be counted as light commercial vehicles from 1st January 2025, if the excess mass is due to the energy storage system.

If a vehicle has been registered outside of the EU for less than 3 months before it is registered in the EU, then it is will still be considered a ‘new’ vehicle.

The Regulation does not apply to special purpose vehicles, i.e. a vehicle intended to perform a function which requires special body arrangements and/or equipment. This category includes wheel-chair accessible vehicles, caravans, and ambulances, as defined by Part A of Annex II of Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

Manufacturers responsible for fewer than 1000 new passenger cars or light commercial vehicles registered in the EU in the previous calendar year are not required to comply with certain requirements, including the requirement to meet specific emissions targets and pay excess emissions premium.

Duties

Annual targets

From 1st January 2020:

• the target for the average emissions of new passenger cars registered in the EU is 95g CO2/km; and
• the target for the average emissions of new light commercial vehicles  registered in the EU is 147g CO2/km;

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:

• the CO2/km target will be reduced to 15% of the 2020 target for both new passenger cars and light commercial vehicles; and
• zero and low emission vehicles should make up a 15% share of the respective fleets of new passenger cars and light commercial vehicles.

From 1st January 2030:

• the CO2/km target will be further reduced to 37.5% of the 2020 for new passenger cars and 31% for new commercial vehicles; and
• zero and low emissions vehicles should make up 35% and 30% of new passenger cars and light commercial vehicles respectively.

Specific emissions targets

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:

• For the calendar year 2020, the specific emissions target is calculated in accordance with points 1 and 2 of Part A of Annex I for new passenger cars, and points 1 and 2 of Part B of Annex I for new light commercial vehicles.
• For calendar years between 2021- 2024, the specific emissions target is calculated in accordance with points 3 and 4 of Part A of Annex I for new passenger cars, and points 3 and 4 of Part B of Annex I for new light commercial vehicles.
• For calendar years from 2025, the specific emissions target is calculated in accordance with point 6.3 of Part A of Annex I for new passenger cars, and point 6.3 of Part B of Annex I for new light commercial vehicles.

Monitoring and reporting of average emissions

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:

• the average specified emissions of CO2;
• the specific emissions target;
• the difference between the 2 figures; and
• the number of new cars and commercial vehicles that have been registered in each EU country.

Manufacturers have 3 months to inform the EC regarding any errors in the data.

Publication of performance of manufacturers

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.

Excess emissions premiums

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

Derogations for certain manufacturers

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.

Eco-innovation

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.

Verification of the CO2 emissions of vehicles in service

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

Link to full government text

Jurisdiction:  UK

Commencement:   12th June 2019

Amends:   The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

Mini Summary

These Regulations restrict the use of hazardous substances including some heavy metals and certain flame retardants in a number of categories of electrical and electronic equipment, requiring compliant products to be CE marked. They place obligation on economic operators to meet certain requirements and provide the Secretary of State with powers for the enforcement of those obligations.

Amendment

These Regulations implement Directive 2017/2102/EU amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment.

The update of the Directive (Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment) introduced an open scope method of categorisation of ‘Electronic and Electrical Equipment’ (EEE), which will come into force from 22nd July 2019. This change now brings the majority of electrical equipment within the scope of the Regulations from 22nd July 2019. However, this will have the unintended consequence of impacting on the sale of second hand and refurbished EEE, as refurbished or second hand EEE wouldn’t be able to be resold if it is not compliant with these Regulations. This would prevent the ability to extend the lifetime of the EEE, which would be both economically and environmentally undesirable.

Therefore, this amendment extends the exclusion to include the:

• second hand sale of electrical equipment;
• use of cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity; and
• use of reused spare parts.

This means that electrical equipment, spare parts, and cables that were previously compliant with the Regulations prior to 22nd July 2019 will still be able to be resold or used for the repair, upgrading, or updating of equipment.

Pipe organs (musical instrument) are also excluded as there had previously been an inadvertent ban on new pipe organs being sold within the EU; the amount of lead required to produce the pipes preventing compliance.

It is also clarified that cord connected non-road mobile machinery is to be treated the same as non-road mobile machinery powered by a battery or on board power supply, which is already exempt, e.g. cord powered and battery powered professional cleaning machines.

Link to full government text

Jurisdiction:  UK

Commencement:   These Regulations come into force on the day the UK leaves the EU (‘Exit Day’)

Amends: 

The REACH Enforcement Regulations 2008

Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

Revokes

The REACH (Appointment of Competent Authorities) Regulations 2007

Summary

European Regulation 1907/2006 (the “REACH” Regulation) concerns the registration, evaluation, authorisation and restriction of chemicals.  The Regulation places duties primarily on the manufacturers and importers of chemical substances. There are also some duties and restrictions on downstream users of some very hazardous chemicals.

REACH is a directly acting Regulation, meaning that it has direct application in EU member states, and breach of the regulation can be prosecuted by national regulators.

These amendments change how REACH will apply in the UK on the basis that the UK leaves the EU without a transition period. In the event that the UK leaves the EU with a deal, it is anticipated that there will be a transition period during which EU Regulations will continue to be directly applicable in the UK. In that event, the UK Government will pass additional legislation which is likely to change the implementation timescales in these Amendment Regulations.

On the day the UK leaves the EU (‘Exit Day’) the REACH Regulation in its form immediately before ‘Exit Day’ is incorporated into UK domestic legislation (i.e. it will continue to be enforceable in the UK). This is enacted by the European Union (Withdrawal) Act 2018. Subsequent amendments to REACH made by the EU after ‘Exit Day’ are not incorporated into UK domestic law unless by separate UK legislation.

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 and The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 make multiple changes to REACH to ensure that it operates effectively in the UK.

Amendment

The REACH Enforcement Regulations 2008

The REACH Enforcement Regulations 2008 provide for the enforcement of the REACH Regulation in the United Kingdom. The REACH Enforcement Regulations 2008 do not directly create any duties for manufacturers or suppliers of chemicals, but rather they list which agency is responsible for enforcement of each relevant provision of the REACH Regulation, and cover powers of enforcement, exemptions, offences and penalties, appeals and revocations and amendments.

The key change to this regulation is to transfer functions which were performed by the European Commission and the European Chemicals Agency back to UK Ministers and the Health and Safety Executive (HSE). The REACH Enforcement Regulations 2008 are amended to change certain references from EU institutions to UK institutions, and to delegate enforcement functions for some aspects of the revised REACH Regulation to the HSE (or HSE Northern Ireland).

The changes to the REACH Enforcement Regulations do not create any duties for businesses. 

Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals

In order to ensure that REACH works effectively within UK jurisdiction and context, parts of REACH need to be amended insofar as they apply to the UK. These amending Regulations therefore make multiple technical revisions to REACH.

The effect of these changes is that following ‘Exit Day’, there are two parallel “REACH regimes”. The EU REACH regime which remains unchanged, and a similar but not identical UK REACH regime.

Under the UK REACH regime, the general principles and concepts in EU REACH remain unchanged, and the duties of businesses that make or supply chemicals are essentially the same. However, the administration and regulation of REACH is significantly changed. UK organisations will no longer be able to access EU bodies such as the European Chemicals Agency (ECHA). Therefore in the UK, the Health and Safety Executive (HSE) will perform similar functions to that of the ECHA in the EU, and organisations making or selling chemicals in the UK will need to register those chemicals with the HSE.

The key amendments are summarised briefly below:

Terminology and definitions

• ‘EU REACH’ is defined to mean the REACH Regulation (i.e. Regulation (EC) No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals) as it has effect in the EU.
• ‘REACH’ is defined to mean the REACH Regulation insofar as it is retained in UK legislation and amended by these amending Regulations. For clarity in this summary, REACH as it applies in the UK is referred to below as ‘UK REACH’.
• EU REACH as published on the European Commission website has been revised by the EU multiple times but the latest published version does not contain the most recent revisions. Consequently these amending Regulations revise UK REACH to reflect correct up to date references to EU legislation.
• Multiple references to EU entities and EU legislation are changed to references to UK entities (e.g. the Secretary of State, the HSE, Food Standards Agency, Medicines and Healthcare Products Regulatory Agency etc.) and UK legislation.
• EU REACH contains multiple references and requirements for ensuring harmonisation across the EU e.g. requirements for cooperation and communication between national competent authorities, member states and ECHA. These references and requirements are revised to provide for cooperation and communication where relevant between different UK regulators and the HSE.

UK regulators and powers

• Powers of the European Commission (EC) under EU REACH are mostly allocated to the Secretary of State under UK REACH.
• EU REACH creates the ECHA, referred to as ‘the Agency’. UK REACH redefines ‘the Agency’ to mean the HSE.
• Detailed provisions under EU REACH concerning the composition, legal status and funding of ECHA are removed from UK REACH.
• Note that after ‘Exit Day’, UK organisations can no longer register substances with the ECHA, but rather will have to do so with the HSE.
• The scope of the HSE’s functions, and also those of the Secretary of State, are  defined. The scope of the HSE’s functions under UK REACH are very similar but not identical to those of ECHA under EU REACH.
• In some cases the HSE is required to seek consent of devolved government in England, Wales, Scotland and Northern Ireland prior to exercising certain functions, and also to consult with other bodies such as UK environmental regulators when exercising its functions under REACH.
• The EC can specify certain fees under EU REACH. Under UK REACH, similar fees may be specified in Regulations by the Secretary of State.
• Requirements for cooperation with other EU countries and national authorities are removed.
• EU REACH sets out certain dates or timescales for action to be taken by ECHA, the Commission or other bodies. UK REACH updates or slightly revises dates and timescales for action by the HSE, Secretary of State or other bodies.
• EU REACH provides for creation of certain administrative bodies including the  ‘management board’, ‘Committee for Risk Assessment’, ‘competent authorities’, ‘Board of Appeal’ etc. UK REACH does not provide for these bodies. Certain functions of the ‘management board’ or ‘competent authorities’ under EU REACH are allocated to the Secretary of State or HSE under UK REACH.
• Article 129 of EU REACH provides for EU countries to take provisional measures to protect human health or the environment pending review by ECHA and the EC. UK REACH provides similar powers for appropriate authorities and devolved government.

The internal market

• The ‘internal market’ (i.e. the EU) is changed to the UK market.
• EU REACH prohibits EU countries from restricting the manufacture, import, placing on the market etc of substances governed by REACH. This requirement is removed from UK REACH (i.e. the UK Government can prohibit or restrict substances in the UK which cannot be prohibited or restricted by EU countries in the EU).

Candidate list, authorisation list, restriction list

• The HSE must include in its ‘Candidate List’ all substances in the ECHA’s ‘Candidate List’ immediately before ‘Exit Day’.
• The HSE will be required to make its first recommendations for inclusion of substances in Annex XIV (the ‘authorisation list’) by 01.06.2020. The Secretary of State can make Regulations to remove substances from the authorisation list if they are no longer determined to meet the criteria for inclusion in Annex XIV.
• The Secretary of State can make Regulations to add substances to Annex XVII (the ‘restriction list’).
• EU REACH allows EU countries to submit dossiers proposing restriction of certain substances posing significant risk to human health or the environment. UK REACH provides for the HSE to be able to submit such dossiers to the Secretary of State.
• The Secretary of State may determine that a substance on the restriction list should be re-examined, in which case the re-examination is completed by the HSE.
• The Regulation defines which scientific knowledge and advice the HSE must take account of when forming opinions in relation to authorisation or restriction applications.

Registration of substances
Note that under the provisions below, even where an organisation does not have an immediate requirement to register a substance with HSE, they may be required to file certain information with HSE within defined timeframes.

Phase-in substances
EU REACH contained phased transitional arrangements for certain substances (‘phase-in substances’) over a number of years to give organisations time to reach compliance. Provisions for these transitional arrangements are removed from UK REACH (as the dates within EU REACH have already passed).

Existing EU registrations (i.e. registrations held with ECHA)
These are copied across on ‘Exit Day’ to become UK registrations (referred to as ‘transferred UK registrations’), held with HSE, provided that the holder of the registration is or was established in the UK within the 2 years prior to ‘Exit Day’.

• The UK registrant of a ‘transferred UK registration’ must submit certain information to the HSE within 60 days of ‘Exit Day’, and other information within 2 years of ‘Exit Day’. Schedule 2 of the these Regulations set out further details concerning this process.
• A manufacturer can continue to manufacture a substance covered by a ‘transferred UK registration’ unless informed otherwise by the HSE.
• There is no fee payable for ‘transferred UK registrations’.
• Existing decisions made by ECHA in relation to an EU registration before ‘Exit Day’, will become decisions of the HSE in relation to a registration which becomes a transferred UK registration. Registrants must notify the HSE of any decisions within 60 days of ‘Exit Day’ and supply any further information as required by the HSE.
• Existing EU decisions on testing proposals in relation to UK based registrants or downstream users have effect as though decisions of the HSE after ‘Exit Day’.
• If a registration received by ECHA by 01.06.2016 contained certain testing proposals, EU REACH required the ECHA to submit a draft decision by 01.06.2022. UK REACH allows HSE to prepare a draft decision by 01.06.2023.

Research and Development exemptions
EU REACH allows 5 years or longer extended exemptions from registration requirements, when the substances which would otherwise be subject to registration, are used for research and development. Where a UK based person benefits from that exemption under EU REACH immediately before ‘Exit Day’ the same exemption applies in UK REACH after ‘Exit Day’. The manufacturer or importer or producer must notify the HSE of certain specified information within 60 days after ‘Exit Day’.

Data sharing
EU REACH makes provision for data sharing between different organisations registering the same substance. There are minor procedural changes to data sharing under UK REACH.

UK imports
Under EU REACH, a UK based ‘distributor’ or ‘downstream user’ who imported chemicals from a registrant based in another EU country, was not required to register those chemicals with ECHA (because import from one EU state to another did not trigger registration requirements).

Under UK REACH, an existing UK distributor or downstream user who imports 1 tonne or more of a substance from outside the UK will be required to register them with HSE. However, if the existing UK distributor or downstream user was classed as a distributor or downstream user under EU REACH in the 2 years prior to ‘Exit Day’, and they are importing from outside the UK, and the relevant supplier in that state is either an EU registrant or downstream user or an only representative of the manufacturer,  under EU REACH, then the existing UK distributor or downstream user will not be required to register chemicals imported (whether in on its own, in a, mixture or article) within 2 years after ‘Exit Day’:

• UK users or distributors importing 1 tonne or more of a substance must supply information set out in the Regulation to the HSE within 180 days of ‘Exit Day’. The information which must be supplied is slightly different depending on whether the quantity imported is 1-10 tonnes, or more than 10 tonnes.
• The non-UK manufacturer can appoint a UK based only-representative who can make the notification instead of the UK user or distributor.

Notification of articles

Existing article notifications: UK based producers or importers of articles which have been notified to the ECHA must submit the same information to the HSE within 60 days after ‘Exit Day’.

Authorisations
Existing EU Authorisations

• If a UK based person or organisation has an ‘authorisation’ issued under EU REACH on ‘Exit Day’, the holder must supply certain specified technical information to the HSE within 60 days after ‘Exit Day’.
• Authorisations granted under EU REACH to a holder not based in the UK, are not recognised under UK REACH.

Existing applications for authorisations under EU REACH
Where a UK based applicant has an outstanding application for authorisation under EU REACH on ‘Exit Day’, and they notify the Secretary of State and provide certain specified information, the Secretary of State must decide the application within 6 months.

Existing authorised downstream users

• A UK based person who is an existing authorised ‘downstream user’ under EU REACH on ‘Exit Day’, becomes authorised under UK REACH. An ‘authorised downstream user’ is a user who is using a substance in accordance with the conditions in an authorisation granted to a person up their supply chain. The UK based authorised downstream user must notify the HSE of certain specified information concerning the authorisation within 60 days of ‘Exit Day’.
• Where an authorisation under EU REACH ceases to be be valid, the downstream user will also cease to be authorised.

Restrictions
EU REACH includes asbestos in Annex XVII (the restriction list), but makes certain limited exceptions to the restriction of asbestos. UK REACH removes those exceptions, because all asbestos products have been prohibited in the UK since 1999.

Safety data sheets

• Safety Data Sheets only need to be compiled in English (N.b. for organisations selling chemicals to customers in the EU, even though UK REACH only requires Safety Data Sheets in English, EU based distributors will require Safety Data Sheets in the languages of the intended destination countries).
• EU REACH requires Safety Data Sheets to include details of relevant national exposure limits. UK REACH will only require UK based exposure limits.

Retention of information

• Manufacturers, importers, distributors and downstream users have an obligation under EU REACH to retain certain information for 10 years. Where a UK based person or organisation was obliged to retain such information under EU REACH prior to ‘Exit Day’ that obligation continues for the remainder of the 10 year period post ‘Exit Day’.

Appeals

• EU REACH provides for appeals against certain decisions initially to ECHA then to the Board of Appeal. UK REACH provides for appeal to the HSE then to the First-tier Tribunal. The appeal process under UK REACH is slightly modified from that under EU REACH. [April / May 2019]

Amendment 1 – Link to full government text

Amendment 2 – Link to full government text

Jurisdiction:  EU

Commencement:   03/06/2019

Amends:   Commission Implementing Regulations (EU) No. 2017/2470 establishing the Union list of novel foods in accordance with Regulation (EU) No. 2015/2283 on novel foods

Mini Summary

These Regulations establish the list of novel foods authorised in the European Union. It includes their conditions of use, labelling requirements and their specification.
 

Amendment

Administrative adjustments are made to update the Annex in Regulation (EU) No. 2017/2470 establishing the Union list of novel foods in accordance with Regulation (EU) No. 2015/2283 on novel foods, to include reference for the authorisation of Yarrowia lipolytica yeast biomass* to be placed on the market as a novel food.

This sets out the recommended maximum levels on how much Yarrowia lipolytica yeast biomass can be consumed per day. The current limit is set at 6g per day for children from the age of ten and adults, and 3g per day for children between three and nine years of age.

*Yarrowia lipolytica yeast biomass is mostly composed of proteins and fibre. It is proposed to be used as a food supplement in the form of capsules, tablets or powder.

Link to full government text

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.

Jurisdiction:  EU

Commencement:   20th March 2019

Amends:  

Regulation (EC) No. 999/2001 rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

Regulation (EU) 142/2011 laying down health rules as regards animal by-products and derived products not intended for human consumption

Amendment

Regulation (EC) No. 999/2001 rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

Annex IX is amended to state that Bovine animals (e.g. cows) that are infected with transmissible spongiform encephalopathies (TSE) or have been born in the same herd as or reared with an infected animal cannot be imported into the EU.

The TSE conditions included in health certificates for the import of processed animal proteins into the EU are updated to align them with the requirements of the OIE Code (Terrestrial Animal Health Code of the World Organisation for Animal Health). [April 2019]

Commission Regulation (EU) 142/2011 laying down health rules as regards animal by-products and derived products not intended for human consumption.

The model health certificates in Annex XV are amended to make the following changes:

• Update the health guarantees to show where that animal by-products have been excluded from the food chain
• Updates the evidence required to show the transmissible spongiform encephalopathies (TSE) status of certain animal by-products being imported into or transported through the EU
• Replaces the previous list of HS Codes used to declare any animal by-products in products at border inspection posts with the requirement for the person responsible for a consignment to allocate a HS Code themselves, as it is not possible to provide an exhaustive list to select from.

*HS Codes or harmonised system codes are 6 digit codes used to classify goods.

Model health certificate are required for the import into or transit through the EU from outside the EU animal by-products and derived products

Link to full government text

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.

Jurisdiction:  UK

Commencement:   8th April 2019

Amends:   European Union (Withdrawal) Act 2018

Mini Summary

The principle purpose of the European Union (Withdrawal) Act 2018 is to ensure that the UK has a functioning statute book on the day it leaves the EU. As a general rule, the same rules and laws will apply on the day after exit as on the day before. The Act does not aim to make major changes to policy or establish new legal frameworks in the UK beyond those which are required to ensure that the law continues to function properly from exit day.

The European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019 (SI 2019/859) extends ‘exit day’ from 11pm on 12th April 2019 until 11pm on 31st October 2019 unless there is a withdrawal agreement and it comes into force before this date, in which case the extension would be terminated early.

Amendment

This 2019 Act makes no relevant changes to duties on businesses. It only defines methods parliament must use to request extensions for the UK exit of the EU.

On the day this Act is made law or the day after, a Minister of the Crown must move a motion in the House of Commons in the form set out in the Act.

The Minister of the crown shall use this motion to seek or agree to an extension of the period specified in Article 50(3) of the Treaty on European Union as long as the extension cannot end earlier than the 22nd May 2019, unless a withdrawal agreement is reached.

Link to full government text

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.

Jurisdiction:  England, Scotland, Wales

Commencement:   22^nd May 2019

Revokes:   Radiation (Emergency Preparedness and Public Information) Regulations 2001

Summary

These Regulations 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 where 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 to 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 (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 demonstrates 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).

Duties

Identifying hazards and linking these to your compliance obligations has never been easier.  As part of a Health & Safety subscription we have now introduced a dedicated tool to enable you to record and store your Risk Assessments online.

This enables you to do the following:

• Link your hazards to pieces of legislation in your legal register.
• Set automatic actions against your hazards for any user.
• Schedule review dates and reminders for yourself and other users against risk assessments or hazards.
• Access a full view of your Risk Assessment history.  

Our Risk Assessment tool has been developed with ISO 45001:2018 in mind and includes easy links to risk & opportunities and objectives. Risk Assessment is a significant part of the standard and correct use of the tool will help you meet your obligations.

The tool also covers guidelines set by the Health and Safety Executive (HSE) on how to assess risks in your workplace.

The Risk Assessment tool is now up and running and ready to use. Follow this link here to start creating your online Risk Assessments. How to guides can be found here.