Jurisdiction: Northern Ireland

Commencement: 28th March 2019

Amends:

  1. The Planning (Local Development Plan) Regulations (Northern Ireland) 2015
  2. The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015
  3. The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015
  4. The Planning (General development Procedure) Order (Northern Ireland) 2015
  5. The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015
  6. The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

 

Amendment

Amendment to The Planning (Local Development Plan) Regulations (Northern Ireland) 2015

This amendment makes changes to ensure that The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 function correctly when the UK leaves the EU. There have been amendments made in Regulation 14, with reference to the EU Directive in the requirement to consider objectives of preventing major accidents and limiting their consequences on human health and the environment in Local Development Plans.

 

Amendment to The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Amendments are made to several Regulations to ensure that existing reference to Directive 2000/60/EC, Directive 2012/18/EU, Regulation (EC) No. 1272/2008, Directive 1996/82/EC, Directive 2006/118/EC, Directive 2006/11/EC will continue to work after exit.

 

Amendment to The Planning (General development Procedure) Order (Northern Ireland) 2015

Under Schedule 3 (Consultation Arrangements), all references to Article 11 of Directive 2012/18/EU are replaced with Regulation 6(6) of the Control of Major Accident Hazards (COMAH) Regulations (Northern Ireland) 2015.

 

Amendments to The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

Amendments are made to several Regulations to ensure that an existing cross reference to Directive 2012/18/EU and Directive 2011/92/EU will continue to work after exit.

 

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Amendments are made to several Regulations to ensure that an existing cross reference to Directive 2011/92/EU will continue to work after exit.

Some references to the Directive are removed and paragraphs within the legislation are inserted. Schedule 1 & 2 where reference is made to Directive 2009/31/EC, have included reference to the Energy Act 2008 and is also included and it is made clear that any updates to Directive 2009/31/EC after exit day will not be relevant to this Regulations. Schedule 4 is amended to make it clear that any updates to the Directives referred to in this Regulation after exit day will not be relevant to this Regulation.

 

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Jurisdiction: EU

Amends: Commission Implementing Regulations (EU) 2017/2470 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the council on novel foods

 

Mini Summary

Novel foods are foods or food ingredients that do not have a significant history of consumption within the EU before 15th May 1997 in accordance with Regulation (EU) 2015/2283.
 
The Union list is regularly updated by the Commission to add newly authorised novel foods which grant the applicant (usually the producer or manufacturer) sole rights to place the product on the market for 5 years.

Food Standards Agency guidance on Novel Foods can be found here

 

Amendment

The following amendments have been made:

 

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Commencement: 7th December 2018

Amends: The Beef and Veal Labelling (Wales) Regulations 2011

 

Amendment

These Regulations implement Regulation (EU) No. 653/2014 which amends Regulation (EC) No. 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products.

This amendment concerns:

€¢ The obligation to identify animals and traceability;
€¢ Identification of animals from third countries;
€¢ Identification of animals moved from one Member State to another;
€¢ Removal, modification or replacement of means of identification; and
€¢ Compulsory labelling of beef and beef products.

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Commencement: 29th November 2018

Amends: The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012

 

Amendment

This Regulation provides for the enforcement of Commission Regulation (EU) 2018/213 to set limits for the amount of Bisphenol A (BPA) used in food contact materials that may be released from varnishes and coatings into the food which they are in contact with.

From 6th September 2018, no more than 0.05mg of BPA may be released from varnishes and coatings per kg of food with which they are in contact.

In relation to varnishes or coatings specifically intended to come into contact with foods for babies, infants or young children, as of 6th September 2018 no migration of BPA shall be permitted.

 

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Commencement: 1st October 2018

Amends: European Communities (Control of Organisms Harmful to Plants and Plant Products) Regulations 2004

Amendment

These Regulations revoke the European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2011 as the measures it introduced have not successfully prevented the introduction into and spread within Ireland of Rhynchophorus ferrugineus (Olivier), a type of snout beetle.

 

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Commencement: 20th November 2018

Amends: The Renewables Obligation (Scotland) Order 2009

 

Amendment

This Regulation revokes Article 17(4) in order to remove a restriction on the amount of electricity which can be produced by hydro generating stations without affecting eligibility for Scottish Renewable Obligation Certificates.

Article 17(4) prevented Scottish Renewable Obligation Certificates (SROCs) from being issued to accredited hydro-stations with a Declared Net Capacity (DNC) of over 20 megawatts (large hydro-generating stations). This Article therefore limited the ability of accredited hydro-stations to deploy excluded capacity where it takes the DNC above 20MW.

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Commencement: 26th November 2018

Amends: The Plant Health (England) Order 2015

Amendment

This Order amends Article 19A to extend measures to protect against the introduction into England from the EU of Xylella fastidiosa (a plant disease causing bacteria).

Article 19A requires importers of specified plants, which have been grown or are suspected to have grown in another member State of the EU or Switzerland, to notify an authorised inspector of their arrival no later than four days after their landing in England.

 

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Commencement: 2nd November 2018

Summary: 

This Order contains measures to prevent the introduction and spread of harmful plant pests and disease in Wales.

It consolidates and replaces the Plant Health (Wales) Order 2006 and implements Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (referred to as the Plant Health Directive).

The Plant Health Directive sets out the plant health regime in the European Union (EU). It contains measures to be taken in order to prevent the introduction into, and spread within, the EU of serious pests and diseases of plants and plant produce.

The Order details the following:

€¢ Imports from third countries;
€¢ Internal EU control on movement;
€¢ Registration of plant traders and authority to issue plant passports;
€¢ Measures to control the landing of relevant material and prevent the spread of plant pests;
€¢ Certain solanaceous species (potatoes and tomatoes);
€¢ Licences; and
€¢ Offences.

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Commencement: 1st November 2018

Summary: 

This Order contains measures to prevent the introduction and spread of harmful plant pests and disease in Northern Ireland.

It consolidates and replaces the Plant Health Order (Northern Ireland) 2006 and implements Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (The Plant Health Directive).

The Plant Health Directive sets out the plant health regime in the European Union. It contains measures to be taken in order to prevent the introduction into, and spread within, the EU of serious pests and diseases of plants and plant produce.

The Order details the following:

€¢ Imports from third countries;
€¢ Internal EU control on movement;
€¢ Registration of plant traders and authority to issue plant passports;
€¢ Measures to control the landing of relevant material and prevent the spread of plant pests;
€¢ Certain solanaceous species (potatoes and tomatoes);
€¢ Licences; and
€¢ Offences.

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.

 

 

These summaries (Newground Materials) are provided free of charge as an example of the Legislation Update Service’s content. They are not intended to constitute legal advice for any specific situation.  The Newground Materials are general and educational in nature and may not apply to the specific facts and circumstances of individual cases. Newground does not accept any responsibility for action taken by you or any User as a result of any Newground Materials provided by us. You should take specific legal advice when dealing with specific situations. 

The Environment Agency (EA) has issued numerous fines to businesses failing to comply with energy efficiency rules.
 
Fifteen businesses failed to comply with the first round of mandatory reporting rules under the Energy Savings Opportunity Scheme (ESOS). Failures occur when a company is unable to analyse its energy consumption data, transport emissions and report on its compliance strategy.
 
The latest report from the EA showed that 15 businesses have been fined with civil penalties of just under £160,000 in total for ESOS offences. Those businesses which received penalties include:

 
ESOS was designed to encourage energy efficient installations and investments with enforcement action used as a last resort to bring them into compliance. Companies which are able to implement ISO 50001 automatically qualify for compliance under ESOS.
 
The second and next compliance deadline under ESOS is 5th December 2019, which has allowed companies four years to prepare for compliance.

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