SI 2019/311
21st February 2019
SI 2019/421
6th March 2019
0

February 2019 newsletter

 Dear Simplifi User,

February’s news letter is filled with amendments made to legislation “to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union”.

New legislation

Environmental permitting and pollution.

SI 2019/42.  The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.  Comes into force 1st March.  These Regulations replace and revoke the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (SI 1996/2154). These Regulations implement Annex I (Regulations for the Prevention of Pollution by Oil) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978.

 

Radiation and radioactive substances

SI 2019/156.   The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019. Comes into force on Brexit day.  These Regulations revoke and replace the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (SI 2008/3087). These Regulations largely replicate the key provisions and penalties contained SI 2008/3087 in the United Kingdom but, in light of the United Kingdom’s withdrawal from the European Union, they abolish the distinction between Member States and third countries. That means that all countries outside the United Kingdom will be treated as third countries and there is no longer any provision for the mutual recognition of authorisations. These Regulations also largely replicate the key procedural provisions contained in Council Directive 2006/117/Euratom in order to provide the maximum continuity for operators in this sector. The standard forms referred to in Regulation 9 will be found on the Gov.UK website.

SI 2019/195. The Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019. Comes into force on Brexit day.  After Brexit day nuclear safeguards in the United Kingdom, will no longer be regulated by the EURATOM treaty.  These Regulations define Fissionable Material and list the relevant international agreements for the purposes of section 112(1A) of the Energy Act 2013.

 SI 2019/196. The Nuclear Safeguards (EU Exit) Regulations 2019.  Comes into force on Brexit day.  After Brexit day nuclear safeguards in the United Kingdom, will no longer be regulated by the EURATOM treaty. These Regulations set out the United Kingdom regime for nuclear safeguards in civil activities.

  

Amending legislation

 Environmental permitting and pollution.

 SI 2019/96.  The Control of Mercury (Amendment) (EU Exit) Regulations 2019.  Comes into force on Brexit day. These Regulations amend The Control of Mercury (Enforcement) Regulations 2017 (SI 2017/1200).  The amendments are to omit Regulation 6 and make a very slight changes to Regulation 38.

SI 2019/107.  The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day. These Regulations amend amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038).    The functioning of the EU Emissions Trading Scheme depends on the monitoring and reporting of emissions by participants for each scheme year. It also requires the surrender by participants of a corresponding number of allowances in relation to their emissions for each scheme year. The issuing and surrender of allowances is dependent on EU systems and infrastructure, as such that aspect of the scheme will cease to apply to UK operators after the 2018 Scheme year in a no deal scenario. The monitoring, reporting, accreditation and verification obligations will continue to apply.

SI 2019/131. The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019. Comes into force on Brexit day. Makes amendments to:

  • The Seed Marketing Regulations 2011
  • The Marketing of Vegetable Plant Material Regulations 1995
  • The Marketing of Ornamental Plant Propagating Material Regulations 1999
  • The Forest Reproductive Material (Great Britain) Regulations 2002
  • The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017.

SI 2019/311. The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day. Makes amendments to

  • the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008.
  • the Merchant Shipping (Anti-Fouling Systems) Regulations 2009

SSI 2019/26. The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019. Comes into force on Brexit day. Makes amendments to:

  • Water Environment and Water Services (Scotland) Act 2003
  • The Water Environment (Controlled Activities) (Scotland) Regulations 2011
  • The Water Environment (River Basin Management Planning: Further Provision) (Scotland) Regulations 2013
  • The Urban Waste Water Treatment (Scotland) Regulations 1994
  • The Special Waste Regulations 1996
  • The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000
  • The Landfill (Scotland) Regulations 2003
  • The End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003
  • The Waste Management Licensing (Scotland) Regulations 2011
  • Environmental Protection Act 1990
  • The Pollution Prevention and Control (Scotland) Regulations 2012
  • The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014
  • The Environmental Authorisations (Scotland) Regulations 2018
  • The Bathing Waters (Scotland) Regulations 2008

SR 2019/112. The Water (Amendment) (Northern Ireland) (EU Exit) Regulations 2019.  Comes into force on Brexit day.  Makes amendments to:

  • The Control of Asbestos in Water Regulations (Northern Ireland) 1995
  • The Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004
  • The Urban Waste Water Treatment Regulations (Northern Ireland) 2007
  • The Quality of Bathing Water Regulations (Northern Ireland) 2008
  • The Groundwater Regulations (Northern Ireland) 2009
  • The Marine Licensing (Exempted Activities) Order (Northern Ireland) 201
  • The Nitrates Action Programme Regulations (Northern Ireland) 2014
  • The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014
  • The Water Framework Directive (Classification, Priority Substances and Shellfish Waters) Regulations (Northern Ireland) 2015
  • The Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2017
  • The Private Water Supplies Regulations (Northern Ireland) 2017
  • The Water Supply (Water Quality) Regulations (Northern Ireland) 2017.

SR 2019/123. The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Makes amendments to:

  • Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004.
  • Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006
  • Amendments to the Environmental Impact Assessment (Agriculture) Regulations (Norther Ireland) 2007.
  • Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017.

WSI 2019/244. The Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Makes amendments to the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009.

WSI 2019/245. The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Makes amendments to:

  • The Environmental Assessment of Plans and Programmes (Wales) Regulations 2004.
  • The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009.
  • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016.
  • Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017.
  • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

WSI 2019/247.  The Environmental Noise (Wales) (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Makes amendments to the Environmental Noise (Wales) Regulations 2006.

 

Food safety

SSI 2019/32.  The Materials and Articles in Contact with Food (Scotland) Amendment Regulations 2019. Comes into force on Brexit day.  Makes amendments to The Materials and Articles in Contact with Food (Scotland) Regulations 2012 (SSI 2012/318).

 

Merchant Shipping.

SI 2019/160.  The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2019.  Comes into force 25th February. These Regulations implement Directive (EU) 2016/1629 laying down technical requirements for inland waterway vessels and amend the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 (SI 2010/1075).

 

Waste

SI 2019/188.  The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019. Comes into force on Brexit day.  Makes amendments to:

  • The Batteries and Accumulators (Placing on the Market) Regulations 2008
  • The Controlled Waste (England and Wales) Regulations 2012
  • The End-of-Life Vehicles (Producer Responsibility) Regulations 2005
  • The End-of-Life Vehicles Regulations 2003
  • The Hazardous Waste (England and Wales) Regulations 2005
  • The Major Accident Off-site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009
  • The Packaging (Essential Requirements) Regulations 2015
  • The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  • The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
  • The Waste (England and Wales) Regulations 2011
  • The Waste Batteries and Accumulators Regulations 2009
  • The Waste Electrical and Electronic Equipment Regulations 2013

SI 2019/277. The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Amends:

  • Waste Management Licensing Regulations (Northern Ireland) 2003
  • Ship Recycling Facilities Regulations 2015
  • Ship Recycling Facilities Regulations (Northern Ireland) 2015
  • Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018.

 

Revocation

SI 1996/2154. Revoked and replaced by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.  Comes into force 1st March.

 SI 2008/3087.  Revoked and replaced by The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019. Comes into force on Brexit day.

 

Consultations

Consultation on reforming the UK packaging producer responsibility system.

 Producer responsibility for packaging in place since 1997. This has helped to drive recycling of packaging waste from 25%, 20 years ago to 64.7% in 2016. Over this period we have met all our UK and EU packaging waste recycling targets, and the cost of compliance to business has been kept low when compared to other EU Member States. However, like any system that is over 20 years old, it is in need of reform. Stakeholders have expressed concerns over the transparency of the system including how income from the sale of evidence has supported packaging waste recycling; that local authorities receive limited direct financial support for managing packaging waste; and that there is not a level playing field for domestic reprocessing.  Consultation closes 13th May.    https://consult.defra.gov.uk/environmental-quality/consultation-on-reforming-the-uk-packaging-produce/

 

Prosecutions of note.

A Cambridgeshire haulage company has been fined £510,000 and ordered to pay costs of £30,000 after they admitted illegally storing baled waste.  Its director has been ordered to do 180 hours of unpaid work.  The company operated from an address which had an environmental permit, but the offences occurred at sites which did not.  During 2014 and 2015 the company used a site next to Royston Sewage Treatment Works to illegally store thousands of tonnes of baled combustible waste known as refuse derived fuel (RDF), which posed a significant fire risk. Some waste was also buried at the site and some stockpiled at another nearby location.

A Kent based waste management company was fined £1 Million and ordered to pay costs of £130,000 after a worker was run over and killed. The deceased suffered fatal injuries when he was run over by a reversing refuse collection vehicle (RCV) whilst he was walking across the yard, at a waste transfer station.  An investigation by the Health and Safety Executive (HSE) into the incident found that multiple vehicles, including RCVs and articulated lorries, were manoeuvring around the yard with no specific controls. The company had failed to adequately assess the risks involved in the yard and did not implement industry recognised control measures to protect employees.

A Sussex builder has been fined £500,000 and ordered to pay costs of £40,740 after a worker fell to his death when a temporary platform collapsed. An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure that work at height was properly planned, appropriately supervised and carried out in a safe and practicable manner. Specifically, there was no temporary works design for the platform and the company’s system for installing and inspecting it was inadequate.

Related posts

26th March 2024

March 2024 newsletter

Read more