Jurisdiction:  UK

Commencement: 

22nd March 2019 – Regulation 22

1st April 2020 – Regulations 5, 6, 14(2) and 14(3)

1st September 2019 – the remainder of these Regulations

Amends:   The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012

Mini Summary

These Regulations implement a common set of labels and identifiers for common transport fuels in the UK.

Summary

These Regulations implement a common set of labels and identifiers for common transport fuels in the UK. They implement Article 7 of Directive 2014/94/EU on the deployment of alternative fuels infrastructure which standardises the labelling of types of motor vehicle fuel.

Transport fuel sold in the UK has not been required to be accompanied by standardised labelling. As the range of fuels available increases, there is a need to implement a standardised labelling system that allows consumers to easily identify different fuels across different brands and countries will help reduce mis-fueling and encourage the uptake of alternative transport fuels.

The same labels will be implemented across the EU. Schedule 1 sets out how they should look and replicates the requirements of BS EN 16942:2016 Fuels. Identification of vehicle compatibility. Graphical expression for consumer information.

Each fuel type has one or more identifier to be used on the label. Rules are set out on what the identifiers should look like and how obligated parties should ensure they incorporate them into labels that consumers can use to identify different transport fuels.

Where the petrol or diesel contains over 5 or 7 percent of ethanol or biofuel respectively, the phrase Not suitable for all vehicles: consult vehicle manufacturer before uses should be included in line with The Biofuel (Labelling) Regulations 2004 to make the user aware of vehicle compatibility issues.

Duties

Fuel retailers

From 1st September 2019 fuel retailers must use the labels on refueling points to provide clear information on the type of alternative fuel they dispense. The labels should be placed on both the dispenser and the nozzle.

Vehicle manufacturers

From 1st April 2020 vehicle manufacturers must place the relevant label on the vehicles fuel filler cap and provide information in the manual on the type of alternative fuel that the vehicle can use.

Vehicle dealers

Dealers must ensure they provide clear information to customers at the time of sale or lease. They must also ensure that any labels added by manufacturers are not removed.

Enforcement

If a person is found to be non-compliant with these requirements, they will be given an opportunity to correct the issue. If it is not resolved then civil penalties can be issued up to a maximum of £100 per vehicle / manual or £500 per fuel dispenser.

Amendments

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Jurisdiction:  UK

Commencement:   14th March 2019

Amends:   The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Mini Summary

These Regulations complete the UK’s transposition of European Directive 2009/29/EC which amended Directive 2003/87/EC (‘the EU ETS Directive’), to improve and extend the Greenhouse Gas emission allowance trading scheme. The Regulations consolidate and replace a number of legislations that has transposed the EU ETS Directive into UK law.

Amendment

The deadline for aircraft operators and installations to surrender allowances for their annual reportable emissions of greenhouse gases (GHGs) for the EU Emissions Trading System (EU ETS) 2018 compliance year is extended from the 15th March 2019 to 26th March 2019.

This will give operators more time to comply with their 2018 obligations

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Jurisdiction:  Republic of Ireland

Commencement:   8th February 2019

Mini Summary

These Regulations transpose the Council Directive 2013/59/EURATOM known as the Basic Safety Standards Directive. It also transposes certain provisions of Council Directive 2011/70/EURATOM of 19 July 2011 (the Nuclear Waste Directive), establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste.

Duties

Part 1 – Citations, Definitions and Scope

This part of the Regulations highlights the key definitions within these Regulations as well as the practices and situations covered the scope the regulations and also the exclusions.

Part 2 – Regulatory Control

Concentrates on requirements for which activities that can justified as a practice as well as requirements for prohibition and those practices involving consumer products. This part of the legislation also covers notification of justified practices, registration, licensing, authorisation and also the release from regulatory control.

Part 3 – System of Radiation Protection

Part 3 of the legislation concentrates on systems for radiation protection looking at protective measures in terms of dose constraints and setting of reference levels of exposures. Also requirements for dose limitations are stipulated in this part.

Part 4 – Protection of exposed workers, apprentices and students

Highlights the requirements and duties of specific persons and key requirements. These include area classification, radiological surveillance, workplace arrangements, radiation safety procedures, requirement for risk assessment, controlled and supervised areas, duties of undertaking and employers, radiation protection adviser, radiation protection officer.

Part 5 – Categorisation and Monitoring of Workers

Looks at exposed workers, duties of apprentices, students, exposed workers and employers, monitoring, National Dose Register, reporting and recording of results, medical records, medical surveillance and categorisation requirements.

Part 6 – Public Exposures

Highlights the need for operational protection of the public, tasks for the undertaking and monitoring of discharges and estimation of doses.

Part 7 – Emergency Preparedness and Response

Concentrates on National Plan, major emergency plan, contaminated areas, duty to undertaking to inform the public, communication, information, instruction and training.

Part 8 – Naturally Occurring Radiation

Refers to Radon Control Strategy, radon in workplaces, gamma radiation and practices involving naturally-occurring radioactive material.

Part 9 – Control of Radioactive Sources

This part details radioactive sources and radiation generators, licensing requirements, record keeping, control of sources, metal contamination, orphan sources.

Part 10 – Services and Experts

Part 10 refers to Dosimetry services, radiation protection advisers and radiation protection officers.

Part 11 – Enforcement

Part 11 details inspections and enforcement notices.

Part 13 – Transitional Provisions

Transitional provisions around licences, applications, dosimetry services and radiation protection advisers are detailed in this part.

The regulations are supplemented by 16 schedules.

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Newground staff at Rhyddings Park Kitchen Garden were so concerned about the dwindling bee population that they decided to start growing bee friendly plants such as calendula, cornflower, nasturtium and poppy.

Joanne Shaw, Newground’s Volunteer Engagement Officer at Rhyddings Park, “The plants did so well in the newly enriched soil that it gave us the idea to start collecting seeds to dry and offer to residents, enabling them to grow them in pots in their backyards or their garden borders. The plants are all easy to grow, offering lovely colour as well as that all important nectar for the bees. In addition to providing our beloved bees with many more feed stops, it will give residents a chance to enjoy the benefits of gardening for themselves at home.”

Now Joanne is calling on volunteers to help package the seeds to be distributed at a seed swap event in March.

She added: “We have a very busy time ahead of us over the next few months so we would like people to come along to the garden and make up the packets, which residents will later be able to collect and grow at home.”

Seeds and social events will take place on Thursdays between 1-2pm during November, December and January. Residents can enjoy a cup of tea while helping the garden staff make the seed packets.

To book onto a volunteering session, visit https://friendsofrhyddingspark.com/shop?olsPage=products%2Fseeds-and-socials&page=3

Check www.facebook.com/rhyddingsparkkitchengarden for rainy day weekend sessions.

The seed swap and seed give away will be held at Rhyddings Park on Saturday March 14 and Sunday March 15 between 1-3pm.

If you have any unwanted seeds that you could donate the event, contact Joanne on 07701 312277 or [email protected].

Residents of Oswaltdtwistle and surrounding villages are being offered free seeds in a bid to attract more bees to the area.

Jurisdiction: UK

Commencement:   1st March 2019

Amends:  

1. The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
2. The Conservation of Offshore Marine Habitats and Species Regulations 2017 (SI 2017/1013)
3. Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014
4. The Marine Strategy Regulations 2010
5. The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (SI 2005/2055) as amended
6. The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI 2004/2110) as amended

Mini Summary

These Regulations apply a series of internationally agreed technical standards to UK flagged vessels and foreign flagged vessels which aim to reduce oil pollution from ships. They bring in measures to ensure oil tankers are safely built and operated and are constructed to reduce the amount of oil spilled in the event of an accident.

Full Summary 

The International Convention for the Prevention of Pollution from Ships (MARPOL) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes.

The MARPOL Convention includes Regulations aimed at preventing and minimising pollution from ships, both accidental pollution and that from routine operations, and currently includes six technical Annexes. These Regulations implement Annex I.

The Regulations details the survey and certification regime for ships and the technical requirements for the construction and operation of ships and on-board equipment. This is in order to ensure UK ships are able to operate freely throughout the world and that the UK’s coastline and marine environment is protected from the risk of oil pollution from ships.

They apply to all UK ships and foreign ships whilst in UK and UK controlled waters*, with some specified exemptions for warships, naval auxiliary or other ship owned or operated by the State and used in non-commercial government service.

*Controlled waters means waters where the UK has jurisdiction and exercisable rights under The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014.

MARPOL

The purpose of MARPOL is to ensure that all ships are safely built and operated and are constructed in a way which reduces the amount of oil spilled in an accident.

Annex I of MARPOL has been amended IMO and these Regulations incorporate those amendments and revoke The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 which previously implemented Annex 1.

The amendments to Annex I are the result of new developments in design and construction, as well as new attitudes and events that have occured. These include:

• the strengthening of a ship’s pump room protection;
• new design, construction and location of oil fuel tanks;
• new software technologies to aid ship stability;
• changes to oil pollution emergency plans; and
• changes to outflow performance requirements.

References to specific provisions of Annex I, the IMO Code for Recognised Organizations and the Polar Code are references to the most up to date versions. This removes the need for further amendments to be made to the Regulations as they are updated.

As a member of IMO, the UK has a duty to implement these changes in to UK law.

The Certifying Authority is the Secretary of State or a certification body authorised by the Secretary of State.

Duties

These Regulations apply to:

• oil tankers of 150 GT and above; and
• ships of 400 GT and above.

(GT means Gross-registered Tonnage)

A ship owner or master must ensure that the condition of their ship and its equipment is maintained in line with these Regulations to ensure that it is fit to proceed to sea without an unreasonable threat of harm to the marine environment.

Surveys, certificates and oil record book

Ships must have had a survey and hold a valid IOPP/UKOPP Certificate  in order to proceed to or remain at sea.

Surveys

There are multiple types of survey. Ships which do not travel out of UK waters are only required to have an initial survey, renewal survey every 5 years and an additional survey, following repair or renewal of a ship.

Ships which travel in international waters are also required to have:

• an intermediate survey, which must be completed within 3 months of the third or second anniversary of the issue of its IOPP certificate; and
• an annual survey within 3 months of the anniversary of the issue of the IOPP certificate (apart from in the year the intermediate survey is completed).

A ship owner or master may request advice from the Secretary of State on whether a repair or renewal requires a renewal survey to be carried out.

Certificates

IOPP Certificates are issued following a successful survey.

There are two types of certificate, IOPP (International Oil Pollution Prevention) and UKOPP (United Kingdom Oil Pollution Prevention) certificates. IOPP certificates are required for ships which travel in international waters.

If an accident or defect occurs to a ship which substantially affects its integrity, or the efficiency or completeness of the equipment the owner/master must report the incident as soon as possible to the Certifying Authority that issued the certificate for the ship. UK ships in international ports must also report it to the maritime authority for the country they are in; and international ships in a UK port must also report it to the Secretary of State. The Certifying Authority will then investigate if an additional survey or any repairs are necessary.

Oil record books

All ships and oil tankers must be provided with an Oil Record Book Part I (Machinery Space Operations). Oil tankers must also have Oil Record Book Part II (Cargo/ Ballast Operations).

Part I must be completed when the following operations happen on the ship

• Ballasting or cleaning of oil fuel tanks.
• Discharge of dirty ballast or cleaning water from oil fuel tanks.
• Collection and disposal of oil residues (sludge and other oil residues).
• Discharge overboard or disposal otherwise of bilge water which has accumulated in machinery spaces.
• Bunkering of fuel or bulk lubricating oil.
• Failure of oil filtering equipment.

Any discharge of oil or oily mixture must also be recorded, including details of the source of and reasons for the discharge.

Part II also has other recording requirements including the requirement to record a failure of oil discharge monitoring and control system.

Entries in the book must be signed off by the officers in charge and master. The book must be kept on board the ship, be readily available for inspection at all reasonable times and kept for 3 years after the last entry is made.

Control of discharge of oil

Ships and oil tankers are only able to discharge oil and oily mixtures if the ship is en route, the mixture is filtered and does not contain more that 15 parts per million. However, the oil must not originate from the cargo pump-room bilges  of an oil tanker or be mixed with oil cargo residues.

Discharging oil and oily mixtures in the Antarctic area and Arctic water and the discharge of chemicals or other substances in quantities which are harmful to the marine environment is completely prohibited.   

The above provisions apply unless the discharge is;

• for the purpose of securing the safety of a ship or saving life at sea;
• the result of damage to the ship or its equipment but all reasonable precautions have been taken to prevent or minimise the discharge and the damage was not caused by recklessness or with intent; or
• the discharge is approved for the purpose of dealing with a pollution incident.

Oil residues which cannot be discharged into the sea must be retained on board for discharge at a reception facility.

The requirement to control discharge of oil is also relevant to any ship which has caused or is likely to cause pollution within UK or controlled waters.

Construction, equipment and operation requirements

Ships

The construction, equipment and operation of the machinery space on ships must meet the requirements of the following Regulations of Annex I:

• Regulation 12 (tanks for oil residues (sludge));
• Regulation 12A, paragraphs 1 to 11 (oil fuel tank protection);
• Regulation 13 (standard discharge connection);
• Regulation 14, paragraphs 1 to 3, 6 and 7 (oil filtering equipment); and
• Regulation 16 (segregation of oil and water ballast and carriage of oil in forepeak tanks)

Ships of less than 400 GT are not required to meet the above requirements but must, so far as possible, be equipped to retain oil and oily mixtures on board for subsequent discharge or to discharge of them correctly as detailed above.

Oil tankers

The construction, equipment and operation of the cargo area of oil tankers must meet the requirements of the following Regulations of Annex I:

• Regulation 18 (segregated ballast tanks);
• Regulation 19 (double hull and double bottom requirements for oil tankers delivered on or after 6th July 1996);
• Regulation 20, paragraphs 1 to 4 and 6 (double hull and double bottom requirements for oil tankers delivered before 6th July 1996);
• Regulation 21, paragraphs 1 to 4 (prevention of oil pollution from oil tankers carrying heavy grade oil as cargo);
• Regulations 22 to 28 (various requirements for the cargo areas of oil tankers);
• Regulation 30 (pumping, piping and discharge arrangement); and
• Regulation 33 (crude oil washing requirements).

Certain double hull and double bottom oil tankers are prohibited from:

• entry into UK ports or offshore terminals; and
• carrying out ship to ship transfer of heavy grade oil within UK waters unless to secure the safety of a ship or to save life at sea.

Offshore Installations

Offshore installations which are involved in the exploration, exploitation or associated offshore processing of sea-bed mineral resources must comply with the requirements of these Regulations and Annex I as applicable to ships.

This does not apply to fixed or floating production platforms which are:

• in designated areas under the Continental Shelf Act 1964; and
• not capable of being propelled under its own power though water.

Discharges of production or displacement water, or offshore processing drainage from offshore installations are not covered by these Regulations.

Oil pollution emergency plan

All ships and oil tankers must have an oil pollution emergency plan on board which has been approved by the Secretary of State and meets the guidelines from the Marine Environment Protection Committee of the IMO.

The plan must include:

• The procedure for reporting an oil pollution incident to be followed by the persons in charge of the ship.
• A list of persons to contact in the event of an oil pollution incident (including national and local authorities).
• A description of the immediate action to be taken on board to control the discharge.
• The procedure and contact for coordinating action with authorities.

Where a ship is certified to carry noxious liquid substances in bulk, this plan can be combined with the marine pollution emergency plan for noxious liquid substances and called the Shipboard Marine Pollution Emergency Plan.

The owner / master of an oil tanker of over 5,000 tonnes deadweight must have access to computerised, shore-based damage stability and residual structural strength calculation programmes.

Ships in polar waters

Ships operating in polar waters have to comply with the environmental provisions in the introduction and Chapter 1 of part II-A of the Polar Code.

‘Polar waters’ means the antarctic area or arctic waters.

Enforcement

The Certifying Authority has the power to inspect a ship and its equipment, any part of the ship, any articles on board, and any documentation carried in the ship.

If the requirements of these Regulations have not been met they are able to detain the ship until a surveyor is satisfied that the ship does not present an unreasonable threat of harm to the marine environment.

The Certifying Authority may only go on board or detain a ship if it is in a UK port or at an offshore installation in UK waters.

The harbour master of a UK port has both the ability to detain ships where they feel an offence has been committed and the responsibility to report deficient ships to the Secretary of State.

Ship owners and masters have the right of appeal and  offences under these Regulations are punishable by a fine.

Amendments

The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

Reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is replaced with The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 to state that Shipboard Oil Pollution Emergency Plans are required by Regulation 34 of the 2019 Regulations.

The Conservation of Offshore Marine Habitats and Species Regulations 2017

Reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is replaced with The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 in Regulation 6 which lists the laws relevant to conservation in offshore marine areas.

Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

Reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is removed and reference to The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 added.

The Marine Strategy Regulations 2010

Reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is removed and reference to The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 added.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (SI 2005/2055) as amended

Reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is removed and reference to The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 added through the substitution of regulation 3 (Discharge permits) paragraph 2.

Discharges of oil and oily mixtures from offshore installations do not require a permit under these Regulations, unless  they are machinery space discharges or discharges of contaminated sea water from operational purposes which are made from:

• floating production, storage and offloading facilities; or
• floating storage units.

This is because discharges of oil and oily mixtures from offshore installations are already regulated by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (regulation 33).

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (SI 2004/2110) as amended

In the definition of permitted level which was inserted by The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005 reference to the revoked The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 is replaced with The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.

This has not resulted in a change to the meaning of permitted level.

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Jurisdiction:  England

Commencement:   22nd February 2019

Amends:  

The Food for Specific Groups (Information and Compositional Requirements (England) Regulations 2016

Medical Food (England) Regulations 2000

Mini Summary

These Regulations provide for the enforcement, in England, of:

• Regulation (EU) No. 2016/128, supplementing Regulation (EU) No. 609/2013, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control; and
• Regulation (EU) No. 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control

Regulation (EU) No. 2016/128 is the first Regulation that sets out the specific information and compositional requirements for Food for Special Medical Purposes (FSMP).

Regulation (EU) No. 609/2013 sets out the general rules for governing the composition and labelling requirements for certain categories of food.

These Regulations provide for the enforcement of those requirements by applying certain provisions of the Food Safety Act 1990.

Duties

These Regulations enforce the following Articles of Regulation (EU) No. 2016/128 and their requirements:

Article 2(2) (requirement for the formulation of food to be based on sound medical and nutritional principles)

Which requires the formulation of FSMP to be based on sound medical and nutritional principles, used in accordance within the manufacturers instructions and  meeting the specific nutritional requirements for who it is intended for.

Article 3(2) (requirement relating to residue levels insofar as it applies to young children rather than infants)

FSMPs to satisfy the nutritional requirements of infants and young children shall not contain residue levels exceeding 0.01 mg/kg per active substance.

Article 3(4) (prohibition on the use of plant protection products insofar as it applies to young children rather than infants)

FSMPs shall only be produced from agricultural products for the production, if the active substances listed in Annex III have not been used.

Article 4 (name of the food)

The name of a FSMP shall be as set out in accordance with Annex IV

Article 5(2) (specific requirements on food information)

This lists the statements that must be included on the labels of FSMP

Article 6 (specific requirements on food information)

Declaring the nutritional information is mandatory for all FSMP irrespective of the size of the container or packaging it is placed in.

Article 7 (nutrition and health claims)

There shall be no nutrition and health claims on FSMPs

Article 9 (notification requirement)

When a FSMP is placed on the market, the food business operator must notify the competent authority where the product is being marketed and is to send a label containing the all the information appearing on the product.

Amendments

Food for Specific Groups (Information and Compositional Requirements) England Regulations 2016

These Regulations make provision to enforce Regulation (EU) No. 2016/128, supplementing Regulation (EU) No. 609/2013, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control.

This is first Regulation that sets out the specific information and compositional requirements for FSMP.

In Regulation 2 (interpretation), paragraph 1,the following amendments are made:

• A definition of €˜Delegated Regulation is inserted to mean Regulation (EU) No. 2016/128.
• A definition of €˜food for special medical purposes is inserted to have the same meaning as in Regulation (EU) No. 609/2013, Article 2(g), to ensure consistency.
• The term €˜infant has been defined as a child under the age of 12 months.
• The definition of €˜Specified EU Requirement now includes reference to the Delegated Regulation (Regulation (EU) No. 2016/128).
• Paragraph 6 is inserted to make clear that; as this regulation does not cover FSMP for infants, the Regulation (EU) No. 2016/128 only applies in so far as it applies to FSMP and not FSMP to satisfy the nutritional requirements of infants.

Regulation 8, (Transitional Arrangements) is inserted, to introduce a transitional arrangement which allows for stocks of foods not complying with Regulation (EU) No. 2016/128 to be marketed until stocks are exhausted as long as:

• they comply with the specified provisions of the Regulation (EU) No. 609/2013;
• were placed on the market or labelled before 22nd February 2019; and
• meet requirements of regulation 3(1), and (2) of the Medical Food (England) Regulations 2000, which restricts the sale of medical foods unless the requirements of Directive 1999/21/EC are complied with.

A new table is inserted into Schedule 1 to ensure consistency with the provision of the EU Regulations. References to the Regulation (EU) No. 2016/128 in Schedule 1 should be read as the most up to date version as amended. [February 2019]

The Medical Food (England) Regulations 2000

An amendment is made to make clear that this regulation only covers Food for Special Medical Purposes (FSMP) for infants by including the phrase €˜developed to satisfy the nutritional requirements of infants, into the definition of medical food.

Other FSMPs are covered by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016.

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Jurisdiction: UK

Commencement:   29th March 2019

Amends:  The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (SI 2007/605)

Mini Summary

These Regulations implement Directive 2003/59/EC concerning the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers. The Directive introduces a Driver Certificate of Professional Competence in the EU.

Amendment

These Regulations ensure that following the withdrawal of the United Kingdom from the European Union, the domestic system regarding certificates of professional competence continues to operate effectively. The domestic system applies, with some exceptions, to professional drivers of lorries and buses who must pass an initial CPC test (unless they have acquired rights), valid for five years, and undergo 35 hours of periodic training every five years.

In Regulation 2 (interpretation) there are minor amendments that should be noted to some definitions:

• Any reference to Member States or Member States Authorities should be viewed as Competent Authority. This is with reference to the following definitions in this Regulation
  • CPC
  • Drive Qualification Card
  • Initial CPC
  • Initial CPC test
  • Periodic CPC after training
  • Periodic Training

• Definition of €œthird country€ now also refers to the United Kingdom.

Regulation 3 (persons to whom these Regulations apply)

Paragraph 1 is amended to make clear that these Regulations apply to nationals of the UK and of third countries who are employed or used by an undertaking established in the UK, as well as nationals of a member state or national of a third country employed or used by an undertaking established in a member State.

The Regulations have been amended to omit the reference to the UK as a member state. See Regulations 4(8)b, 9(4) and 11(2)  which cover; the requirements for persons taking an initial CPC test, time limits for obtaining a CPC and the requirement  to carry and produce evidence of CPC or of training exemption in vehicle respectively.  

Regulation 5 (initial CPC test)

Paragraph 4 is amended to include a UK National as another person whom these Regulations applies with regards taking the initial CPC test.

Regulation 6 (persons providing periodic training courses)

Paragraph 10 has been amended to include a UK National as another person whom these Regulations apply with regards taking of a periodic training course.

Regulation 8 and Regulation 8A (driver qualification card)

Paragraphs 4 and 5 respectively have been omitted. This removes the specification of type of CPC driver qualification card issued as previously specified by Articles of the Directive.

Paragraph 8(a) of Regulation 8 has been amended to include a UK National as another person whom these Regulations apply.

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Jurisdiction:  UK

Commencement:   29^th March 2019

Amends:  

1. The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999
2. The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005
3. The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006
4. The Radioactive Contaminated Land Regulations (Northern Ireland) 2006
5. The Justification of Practices Involving Ionising Radiation Regulations 2004

Amendment

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

This instrument intends to address deficiencies in the operation of retained European Union (€œEU€) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

• Regulation 2 is amended to change the definition of EU environmental assessment, which was inserted by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018, to mean, an assessment carried out because of any EU retained law, apart from any UK law that implements Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment(the EIA Directive).
• Regulation 3 is amended to make it clear that any updates to the EIA Directive after exit day will not be relevant to Regulation 3.
• Reference to another EEA state is amended to read an EEA state, this removes reference to the UK as a member state. This is applicable to Regulations 3, 9 and 12.
• Regulation 10B (Conclusion about the environmental impact), which was inserted by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018, is slightly amended so that  species and habitats are now protected by any law of any part of the UK that implements the Habitats Directive and the Wild Birds Directive.
• Regulation 12 paragraph 5 concentrates on consultation, is amended to remove reference to the EIA Directive, as the Secretary of State will no longer be required to comply with the Directive.

Schedule 1 (information to include in an environmental statement) also sees slight wording changes to to remove direct application of EU directives and replace them with reference retained EU law, with the following implications:

• The the description of significant environmental effects should take into account the environmental protection objectives established in retained EU and UK law.
• Information available and obtained through risk assessments for retained EU law that implements the COMAH Directive or the Nuclear Safety Directive can be included in the environment statement as long as the requirements of any law that implemented the EIA Directive are met.

Schedule 2 also sees a slight wording change with regards reference to location of projects in determining further assessment. The schedule now refers to the environmental quality standards in retained EU law and EU law as it applied to the UK prior to exit day, which should be considered when calculating absorption capacity. 

The Radioactive Contaminated Land Regulations (Northern Ireland) 2006 (€œthe NI RCL Regulations€)

This instrument intends to address deficiencies in the operation of retained European Union (€œEU€) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

• In Regulation 2 (Interpretation), an additional paragraph (4) has been added to state that the definition of inspection in Annex 4 of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation should be read as an investigation by or on behalf of the Chief Inspector to verify compliance with national legal requirements. This is to replace the phrase any competent authority. 

The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (€œthe RCL Regulations€);

This instrument intends to address deficiencies in the operation of retained European Union (€œEU€) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

• Regulation 5 which is amended to make it clear that in this Regulation inspection means an investigation by or on behalf of the  enforcing authority to verify compliance with national legal requirements.

This has been done by replacing competent authority with enforcing authority when reading the definition of inspection Article 4 of Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation for this Regulation.

The Justification of Practices Involving Ionising Radiation Regulations 2004

This amendment intends to address deficiencies in the operation of retained European Union (€œEU€) law as provided for by the European Union (Withdrawal) Act 2018.

Specifically, this instrument is intended to remedy deficiencies in:

• Regulation 2 (application) which has been amended to state that any changes to Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation after the UKs exit from the EU will not be applicable to this Regulation and any practices regulated under it.
• Regulation 3 (interpretation) is amended to state that any words and expressions used in these Regulations and the Directive have the meaning given in the Directive, apart from inspection which means an investigation by or on behalf of the justifying authority to verify compliance with national legal requirements. [February 2019]

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