June newsletter

Dear Simplifi User,

Here is the June newsletter. We report on changes to legislation covering energy and renewables, environmental permitting and pollution and plant health, biocides and food. Council Regulation (Euratom) 2018/1563 and three supporting EU Decisions will be revoked on Brexit day.

The Environment Agency is consulting on management of waste from health care. The Maritime and Coastguard Agency is consulting on draft Marine Guidance Notes covering yacht and powerboat safety at sea. The Department of Transport on limiting, for certain applications, the age of tyres.

HSE has published a revision to the guidance document “Management and operation of microbiological containment laboratories.

We cover two notable prosecutions.

HSE advise that pesticide residues MRL (maximum residue levels) in or on food and feed have changed.

New legislation

Energy and renewables

SI 2019/1023. The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019. Comes into force 5th July. These Regulations set out the information, and other documents that are required to be submitted with applications for generation, transmission, distribution, supply and interconnector licences.

SI 2019/1024. The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019. Comes into force 5th July. These Regulations set out the information, and other documents that are required to be submitted with applications for supplier, shipper, transporter and interconnector licences.

Amending legislation

Energy and renewables

SI 2019/1052. The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019. Comes into force 17th July. This instrument amends the Domestic Renewable Heat Incentive Scheme Regulations 2014 (SI 2014/928) and the Renewable Heat Incentive Scheme Regulations 2018 (SI 2018/611). SI 2014/928 is amended to adjust the expenditure thresholds in Schedule 6 to align the triggers to the latest deployment assumptions. SI 2018/611 is amended to extend the availability of tariff guarantees to 31 January 2021 (Reg 35) and the expenditure thresholds in Schedule 7 in order to align the triggers to the latest deployment assumptions.

Environmental permitting and pollution

SI 2019/1056. The Climate Change Act 2008 (2050 Target Amendment) Order 2019. Comes into force 26th June. This Order amends Section 1 of the Climate Change Act 2008 (c. 27). It increases the minimum percentage by which the net UK carbon account for the year 2050 must be lower than the 1990 baseline from 80% to 100%.

Plant health, biocides and food

SI 2019/1013. The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019. Comes into force on Brexit day. Makes very minor amendments to:
• Food Hygiene Regulations (Northern Ireland) 2006
• Fishery Products (Official Controls Charges) (England) Regulations 2007
• Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007
• Food Irradiation (England) Regulations 2009
• Food Irradiation Regulations (Northern Ireland) 2009
• Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011
• Food Safety (Sampling and Qualifications) (England) Regulations 2013
• Food Safety and Hygiene (England) Regulations 2013
And also to some EU Regulations

Revocation

SI 2019/1012. The Euratom Research and Training Programme (Revocation) (EU Exit) Regulations 2019. Comes into force on Brexit day. Revokes instruments derived from EU legislation relating to the Euratom research and training programme. The instruments are Council Regulation (Euratom) 2018/1563 and three supporting EU Decisions.

Consultations

The Environment Agency is consulting on changes to technical guidance for permitted facilities which transfer or treat healthcare waste. This guidance will replace existing guidance EPR 5.07 Clinical Waste (January 2011). Consultation closes 15th July. https://consult.environment-agency.gov.uk/environment-and-business/appropriate-measures-for-healthcare-waste/

The Maritime and Coastguard Agency is consulting on six draft Marine Guidance Notes (MGNs) covering yacht and powerboat safety at sea. Consultation closes 18th July. MGNs are:
• Yacht and Powerboat Safety at Sea – Preparedness for Non-Coastal Passages
• Yacht and Powerboat Safety at Sea – Maintenance, Modifications, Damage and Repairs.
• Yacht and Powerboat Safety at Sea – Rigs and Rigging; Inspection
• Yacht and Powerboat Safety at Sea – Grounding of Fixed Fin Keel GRP Yachts
• Yacht and Powerboat Safety at Sea – Emergency Procedures, Equipment and Actions
• Yacht and Powerboat Safety at Sea – Stowage of Life-Saving Appliances
https://www.gov.uk/government/consultations/consultation-on-yacht-and-powerboat-safety-at-sea

The Department for Transport is consulting on a proposed ban on tyres aged ten years and older from certain vehicle types (heavy goods vehicles, heavy trailers and buses, coaches and minibuses) to improve road safety. Consultation closes 1st September. https://www.gov.uk/government/consultations/banning-tyres-aged-10-years-and-older

Guidance

HSE has revised the guidance document “Management and operation of microbiological containment laboratories”. Most of the amendments are minor. There is a new Appendix 8 – Work with Hazard Group 3 Parasites. http://www.hse.gov.uk/biosafety/management-containment-labs.pdf

Prosecutions of note.

A south-eastern construction company has been fined £833,333, plus costs of £5,478 after a worker suffered three fractured vertebrae when he was hit on the head by a large expanded polystyrene block when it slipped from an excavator bucket. An investigation by the Health and Safety Executive (HSE) found that the lifting operation had not used appropriate lifting accessories to transport the load and had simply trapped the load with the bucket against the dipping arm of the excavator.

An international refining company and a contracting company working on the oil refinery have been fined a total of £5.1 Million and ordered to pay costs of over £1.0 Million after an explosion, in 2011, killed four workers and seriously injured another. An investigation by the Health and Safety Executive found the explosion was most likely to have been initiated by the ignition of a highly flammable atmosphere within the tank, during what should have been a routine emptying operation in preparation for further cleaning and maintenance. The investigation also found there had been longstanding failures within the refinery safety management systems and as a result the risks posed by flammable atmospheres were not understood or controlled.

In the news

HSE advise that MRL (maximum residue levels) in or on food and feed of plant and animal origin for pesticide residues are being changed. Authorisations for the use of such substances may be subject to change. While HSE aim to identify authorisations which require amending or withdrawing as a result of these changes authorisation holders are also responsible for ensuring their authorisations are compliant with the amended MRLs. Authorisation holders are advised to check the EUR-Lex webpage and the EU Pesticides database where new or changes to MRLs are publi