Simplifi December newsletter

Dear Simplifi User,

Please find our December newsletter.  We wish you a very happy Christmas and everything of the best for 2018

Simplifi Solutions would like to remind you that we take web security very seriously.  We routinely carry out penetration tests on our systems and carry out other checks.

The Simplifi Team

New legislation

Environmental protection.

SI 2017/1200.  The Control of Mercury (Enforcement) Regulations 2017.  Comes into force (except Parts 2 and 3) on 1st January 2018. Parts 2 and 3 come into force on 1^st April 2018. These Regulations supplement Regulation EU 2017/852 on mercury by establishing offences, penalties and enforcement powers relating to that Regulation. These Regulations also implement Article 17 of the Mercury Regulation which requires the designation of authorities responsible for performing functions under that Regulation. Part 2 provides for civil enforcement by the Environment Agency and NRW.  Parts 3 and 4 respectively provide for enforcement by DAERA and SEPA. Part 7 creates offences relating to the provisions of the Mercury Regulation which are listed in Schedule 1.

SI 2017/1248.  The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2017.  Comes into force 8^th December. This Order designates Council Directive 2013/59/EURATOM laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directives 89/618/EURATOM, 90/641/EURATOM, 96/29/EURATOM, 97/43/EURATOM and 2003/122/EURATOM and Directive 2015/2193/EU on the limitation of emissions of certain pollutants into the air from medium combustion plants as relevant directives for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24).

SSI 2017/446.  The Pollution Prevention and Control (Scotland) Amendment Regulations 2017. Coming into force 19^th December. These Regulations amend the Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360). These Regulations add provisions relating to medium combustion plants (“MCPs”). They transpose Directive (EU) 2015/2193 of the European Parliament and of the Council on the limitation of certain pollutants into the air from medium combustion plants, which lays down rules to control emissions of sulphur dioxide, nitrogen oxides and dust from MCPs. These Regulations also amend The Air Quality Standards (Scotland) Regulations 2010 (SSI 2010/204).

Radiation and radioactive substances

SI 2017/1075. The Ionising Radiations Regulations 2017. Coming into force These regulations revoke and supersede the Ionising Radiations Regulations 1999 (SI 1999/3232). Coming into force 1^st January 2018.  The Regulations impose duties on employers to protect employees and other persons against ionising radiation arising from work with radioactive substances and other sources of ionising radiation. The regulations also impose certain duties on employees. The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom. The regulations make significant amendments to:

• SI 1998/494.The Health and Safety (Enforcing Authority) Regulations 1998.
• SI 2001/2975. The Radiation (Emergency Preparedness and Public Information) Regulations 2001
• SI 2009/1348. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009.
• SI 2013/1471. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
• SI 2016/253. The Health and Safety and Nuclear (Fees) Regulations 2016.

SR 2017/229. The Ionising Radiations Regulations (Northern Ireland) 2017. These regulations revoke and supersede the Ionising Radiations Regulations (Northern Ireland) 2000. Comes into force 1^st January 2018.

Amending legislation

Energy.

SI 2017/1143.  The Ecodesign for Energy-Related Products (Amendment) Regulations 2017.  Comes into force 1^st January 2018.  These Regulations amend The Ecodesign for Energy-Related Products Regulations 2010 (SI 2010/2617) and partially implement Commission Regulations (EU) Nos 2016/2281, 2015/1189 and 2015/1185.  New entries to the table at paragraph 4 of Schedule 1 to SI 2010/2617 for the following products—

1. from 1st January 2018, air heating products, cooling products, high temperature process chillers and fan coil units;
2. from 1st January 2020, solid fuel boilers; and
3. from 1st January 2022, solid fuel local space heaters.

SI 2017/1234. The Renewables Obligation (Amendment) Regulations 2017.  Comes into force 1^st January 2018. These Regulations amend the following Orders —

1. the Renewables Obligation Order 2015 (S.I. 2015/1947)
2. the Renewables Obligation (Scotland) Order 2009 (S.S.I. 2009/140) and
3. the Renewables Obligation Order (Northern Ireland) 2009 (S.R. 2009/154).

These Regulations transpose, in relation to the Renewables Obligation Orders, amendments to Directive 2009/28/EC on the promotion of the use of energy from renewable sources made by Directive (EU) 2015/1513 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources.

SI 2017/1289.  The Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2017. Comes into force 14^th December. This order amends the Renewables Obligation Order 2015 (SI 2015/1947). Article 2 inserts a new definition of “EII excluded electricity”, electricity which is supplied to certain industrial users of into SI 2015/1947. Article 3 amends the provision imposing the renewables obligation in article 7(2) and inserts a new definition of “relevant electricity”. Article 8 inserts new articles 13A and 13B which cover the determination of the number of renewables obligation certificates to be produced by electricity suppliers.

SSI 2017/432. The Renewables Obligation (Scotland) Amendment Order 2017. Comes into force 8th December.  This Order amends the Renewables Obligation (Scotland) Order 2009 (SSI 2009/140).  This order adds new definitions and a new article 12A which contains a calculation for determining, in respect of obligation periods beginning on or after 1st April 2019, the number of renewables obligation certificates to be produced by a supplier. EII excluded electricity is excluded from the calculation.

Environment

SI 2017/1177.  The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017. Comes into force 1^st April 2018.  These regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (SI 2015/810) to devolve enforcement responsibility under the EU Environmental Liability Directive (2004/35/EC) in Welsh offshore areas, from the Secretary of State to Welsh Ministers.

SI 2017/1207. The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017. Comes into force 27^th December.  These regulations amend The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038). The amendments are minor substitutions to the text in paragraphs 35(4), 42A(2), 54(7)(b) and in Schedule 4.

SSI 2017/451. The Electricity Works (Environmental Impact Assessment) (Scotland) Amendment Regulations 2017.  Comes into force 18^th December. These regulations amend The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SSI 2017/101).  The definition of an “EIA development” is amended.  Amendments are also made to Regulation 28.

Planning

SI 2017/1224. The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017.  Comes into force 15^th January 2018. Amends The Town and Country Planning (Local Planning) (England) Regulations 2012 (SI 2012/767).  Amendments include the insertion of a definition of an “upper-tier county council”, the prescription of the time period for review of certain local development documents and the removal of the requirement for documents submitted to the Secretary of State under section 20 of the 2004 Act to be submitted both in paper form and electronically.

Plant health

SI 2017/1178. The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2017.  Comes into force 1^st January 2018. This Order amends the Plant Health (Forestry) Order 2005 (SI 2005/2517) in relation to England and Scotland to implement—

1. Decision No 1/2015 of the Joint Committee on Agriculture concerning the amendment to Appendices 1, 2 and 4 to Annex 4 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
2. Commission Implementing Decision (EU) 2017/204 authorising Member States to provide for a temporary derogation from certain provisions of Council Directive 2000/29/EC in respect of ash wood originating or processed in the United States of America
3. Commission Implementing Directive (EU) 2017/1279 amending Annexes I to V to 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 EU.

SI 2017/1220. The Plant Health (England) (Amendment) (No. 2) Order 2017. Comes into force 1^st January 2018. This Order amends The Plant Health (England) Order 2015 (SI 2015/610). Amendments have been made to take account of:

1. Decision No 1/2015 of the Joint Committee on Agriculture
2. Commission Implementing Decision (EU) 2017/198
3. Commission Implementing Decision (EU) 2017/801
4. Commission Implementing Directive (EU) 2017/1279

Waste

SI 2017/1221. The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2017.  Comes into force 1^st January 2018. These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871). These Regulations establish new recycling targets for paper, aluminium, steel and wood for 2018 to 2020. The target for recycling plastic and glass for 2018 to 2020 is continued. The recycling allocation for small producers for 2013 to 2017 is continued for 2018 to 2020.

EU legislation

EU 2017/2313.  Commission Implementing Regulation. Comes into force 14^th December 2019. This regulation sets out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone.

Eire legislation

Nothing of relevance published this month.

Consultations

The Environment Agency is consulting on charge proposals from April 2018.  Consultation closes 12^th January 2018.  The new charge proposals cover:

• Environmental Permitting Regulations 2016
• Radioactive substances regulation nuclear and non-nuclear permits
• Marine licences
• Waste Electrical and Electronic Equipment Directive 2003
• Control of Major Accident Hazard Regulations 2015
• European Union Emissions Trading System
• Definition of Waste Services
• Planning advice

https://consult.environment-agency.gov.uk/engagement/environmentagency-charging-proposals-fromapril2018/

The Environment Agency is consulting on proposed changes to the Enforcement and Sanctions Statement (ESS) and Enforcement and Sanctions Guidance (ESG) documents.  Consultation closes 15^th January 2018. https://consult.environment-agency.gov.uk/environment-and-business/enforcement-and-sanctions-policy/

The Department for Business, Energy & Industrial Strategy is consulting on UK implementation of the agreed amendments to the Aviation EU Emissions Trading System (EU ETS). Consultation closes 5^th January 2018. The amendments to be implemented are:

1. to extend the existing Intra-European Economic Area (EEA) scope for the Aviation EU ETS until 31 December 2023
2. to introduce simplified procedures for operators emitting less than 3,000 tonnes of CO2 per annum on intra-EEA flights; and
3. to extend the exemption for non-commercial operators emitting less than 1,000 tonnes of CO2 per year until 2030.

https://www.gov.uk/government/consultations/aviation-eu-emissions-trading-system-proposed-amendments-to-uk-legislation

The Department for Business, Energy & Industrial Strategy is consulting on n proposed amendments the Contracts for Difference (CfD) scheme, which provides support for new low carbon electricity generation projects, to enable it to continue to support new generation and provide best value for bill payers in coming years.  Consultation closes 9^th March 2018.

This consultation proposes:

• refinements in relation to Advanced Conversion Technologies, to ensure that only more innovative and efficient plants are awarded subsidy;
• changes to the overall efficiency requirements for Combined Heat and Power, to ensure that CfD supported plants are of a suitably high overall efficiency;
• updated greenhouse gas emissions criteria that new projects using solid and gaseous biomass as feedstock will have to comply with.

The consultation also makes new proposals to facilitate more accurate forecasting of budget spend, and invites views on various other potential changes to the detailed terms of new CfD contracts. https://www.gov.uk/government/consultations/contracts-for-difference-cfd-proposed-amendments-to-the-scheme

Prosecutions of note.

An Ipswich cargo handing company was fined £666,000 and ordered to pay costs of £8, 688 after a 600kg flexible intermediate bulk container bag (FIBC) of Ammonium Nitrate fell onto an employee as he was removing pallets from the front of a stack. The incident caused him to sustain multiple fractures, a dislocated ankle and knee and back injuries, and he was unable to work for thirteen weeks. An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 16 May 2016, found that the company had failed to follow their own risk assessments, by stacking FIBC bags directly on top of one another, rather than in the recognised industry standard of stacking in a pyramid fashion. The company had also failed to review their stacking practice following earlier incidents of bag spills and stack collapses at their Ipswich and King’s Lynn docks.

New Guidance Document.

GPP 4: Treatment and disposal of wastewater where there is no connection to the public foul sewer. GPP 4 provides guidance on environmental best practice for Northern Ireland, Scotland and Wales. http://www.netregs.org.uk/media/1471/gpp4-20171114-online-v2.pdf