Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: England & Wales
Commencement: 6th April 2024
Amends: The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
Various duties apply.
Clarification is made to regulations 4 and 5 so that the references to PCBs refer to the volumes of fluid containing PCBs and not the volume of PCBs.
This has been done in order to ensure the correct removal from use of equipment containing over the prescribed threshold of PCBs by the end of 2025.
There are no changes to duties for organisations.
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.
Sign up for your free trial to get instant access.
Polychlorinated Biphenyls (PCBs)* are toxic to the environment and have been banned in transformers** in England, Scotland and Wales.
*PCBs include:
**Transformers are used to reduce the voltage of electricity from the grid.
Transformers whose oil contains more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml are currently exempt from this ban. The Compliance People consultant Katie Pritchard looks at this exemption and its upcoming repeal.
Transformers containing more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml must be decommissioned or disposed of by 31st December 2025.
Transformers contaminated with PCBs are considered as hazardous waste and persistent organic pollutants. As such, the transformers must be disposed of in a way that destroys the PCB content.
If the PCB content cannot be destroyed, the Environment Agency or the Scottish Environment Protection Agency may permit you to permanently store the equipment underground.
Records of disposal and decontamination must be retained and provided upon request.
Once decontaminated or decommissioned, transformers contaminated with PCBs must be removed from the contaminated equipment register*.
*The contaminated equipment register is a register maintained by the Environment Agency and the Scottish Environment Protection Agency. The register sets out a list of all transformers that still contain PCBs.
You may need to provide information on laboratory test reports and waste consignment notes.
Transformers containing more than 0.005% PCBs but less than 0.05% and a total PCB volume of 50 ml must be decommissioned or disposed of by 31st December 2025.
If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations and support for both environment and health & safety.
Jurisdiction: Great Britain
Commencement: 17th July 2023
Amends: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (the RoHS Regulations) implement European Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the ‘RoHS Directive’). The Directive is linked below:
(N.B. The RoHS Regulations apply differently in Great Britain and Northern Ireland following the UK’s exit from the EU, hence the relevant links to the Directive also differ).
The RoHS Regulations revoke and replace The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008 (‘the 2008 Regulations’).
The RoHS Regulations restrict the use of certain specified hazardous substances including some heavy metals and flame retardants in listed categories of electrical and electronic equipment (‘EEE’), and require products to be compliance marked (i.e. CE or UK CA) to demonstrate compliance.
The RoHS Regulations apply to manufacturers, importers and distributors of EEE. There are no duties for end users.
The RoHS Regulations previously required CE marking of EEE across all parts of the UK. From 1st January 2021 the Regulations have been amended and now apply differently in Great Britain and Northern Ireland.
In Great Britain (i.e. England, Scotland and Wales), EEE will be required to be UK CA marked, although CE marking will continue to be accepted in most cases until 31st December 2024.
In Northern Ireland, EEE continues to be required to be CE marked.
Although the conformity marking requirements for Northern Ireland are different to Great Britain, the standard to which EEE must comply is effectively the same (though this may change in future).
Various duties apply.
Amendment
The limit of mercury contained by electrical and electronic equipment is currently 0.1%; however, for certain specified applications, revised limits and exemptions apply.
Entries 1 to 9 of Schedule A2 contain the list of equipment exempted from the 0.1% limit and revised limit values for each equipment.
This amendment extends the list of exempted applications. While some exemptions are renewed, others are revoked. All revoked exemptions will expire on 1st February 2024. The expiry dates for renewed exemptions are listed in column 6.
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.
Sign up for your free trial to get instant access.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002