Simplifi January Newsletter

Dear Simplifi User,

The deadline is 25th May 2018!

Is your business ready?

The General Data Protection Regulation (GDPR) is the European Union’s new legislation that will protect the personal data of all EU citizens. These rules will also apply to any companies processing any personal data of individuals within EU,

To avoid breeches of the new laws, see how quickly and easily you can start your GDPR journey go to;

www.simplifisolutions.co.uk and click on ‘GDPR’

The Simplifi Team

New legislation

Energy

SI 2018/56. The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018. Comes into force on commencement of section 48 of the Act. These Regulations make amendments and modifications to the existing regime for the licensing of petroleum consequent on sections 47 and 48 of the Scotland Act 2016 (c. 11), which devolve legislative competence to the Scottish Parliament and transfer certain functions and powers to the Scottish Ministers for the granting and regulation of licences to search and bore for and get petroleum within the “Scottish onshore area” and related matters.  These regulations amend SIs. 1995/1434, 2014/1686 and 2015/766.

Environmental protection.

 SI 2017/1312. The Environmental Protection (Microbeads) (England) Regulations 2017.  Comes into force 9^th January. These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads.

Radiation and radioactive substances.

SI 2017/1322.  The Ionising Radiation (Medical Exposure) Regulations 2017. Comes into force 6^th February. These Regulations implement, as respects Great Britain, some of the provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers from exposure to ionising radiation. The Directive repeals Directives 89/618/Euratom, 90/641/Euratom, 96/26/Euratom, 97/43/Euratom and 20013/122/Euratom. In particular, these Regulations transpose Directive requirements relating to dangers arising from ionising radiation in relation to medical exposure.

SI 2018/42.  The Nuclear Installations (Prescribed Sites and Transport) Regulations 2018.  Come into force 16^th January. These Regulations prescribe the sites and transport for which lower liability limits apply under the Nuclear Installations Act 1965 (A1965 c.57).  The liability regime imposed by A1965 c.57 “the Act” on operators of nuclear sites and disposal sites taking nuclear waste sets the standard liability limit at €1200 million, but allows a lower limit to be set for sites and transport prescribed under section 16(1) of the Act. These Regulations do not apply to excepted matter, which is the subject of separate regulation, the Nuclear Installations (Excepted Matter) Regulations 2017 (SI 2017/920).

 Amending legislation

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.

Plant health

SI 2018/15. The Plant Health (Fees) (England) (Amendment) Regulations 2018.  Comes into force 8^th February. These regulations amend the Plant Health (Fees) (England) Regulations 2014 (SI 2014/601).     Regulation 2 of these Regulations amends Schedule 2 of SI 2014/601 to give effect to the latest notification published by the European Commission of the reduced plant health checks which are applicable to certain plants and plant products.

SI 2018/71. The Plant Health (England) (Amendment) Order 2018.  Comes into force 14^th February. This Order amends the Plant Health (England) Order 2015 (SI 2015/610) to implement Commission Implementing Decision (EU) 2017/2352 to prevent the introduction into and the spread within the Union of Xylella fastidiosa.

Road transport.

 SI 2018/52. The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2018. Comes into force 19^th February.  These Regulations amend the Road Vehicles (Registration and Licensing) Regulations 2002 (SI 2002/2742) to revise certain duties and other matters related to damaged motor vehicles.

Shipping.

SI 2018/53. The Merchant Shipping (Safety Rules and Standards for Passenger Ships) (Miscellaneous Amendments) Regulations 2018. Comes into force 15^th February.  These regulations amend:

• SI 2015/508. Merchant Shipping (Survey and Certification) Regulations 2015.  Definitions for “The Directive” and “pleasure vessel” amended.
• SI 2010/1075. Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010. Minor amendment to regulation 3(3)(b).
• SI 2000/2687. Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000. A number of changes to regulation 2 (interpretation).

Revocation

SR 2018/5. The Offshore Electricity Development (Environmental Impact Assessment) (Revocation) Regulations (Northern Ireland) 2018.  Comes into force 2^nd February.  This regulation revokes The Offshore Electricity Development (Environmental Impact Assessment) Regulations (Northern Ireland) 2008 (SR 2008/55).

EU legislation

Nothing published of relevance

Eire legislation

Nothing published of relevance.

Consultations

The Maritime and Coastguard Agency is consulting on a proposed scheme which will ensure minimum standards are adhered to among providers of marine oil pollution response services.  Consultation closes on 9 March. https://www.gov.uk/government/consultations/uk-national-standard-for-marine-oil-spill-response-providers.

DEFRA is consulting on a regime to enforce the EU Invasive Alien Species Regulation in England and Wales.  Consultation closes 3^rd April. The EU Invasive Alien Species Regulation (EU 2014/1143) came into force in 2015. It currently applies restrictions on forty-nine invasive non-native species of most concern in Europe including a ban on keeping and sale. This consultation sets out proposals for enforcing those restrictions through the use of civil and criminal penalties. https://consult.defra.gov.uk/natural-environment-policy/invasive-non-native-species-enforcement/

DEFRA is consulting on reducing crime at sites handling waste, and introducing fixed penalties for waste duty of care.  Consultation closes 26^th March.   Changes being considered include enforcing more appropriate competence standards for permitted waste site operators and variations to waste exemptions to prevent them being used to hide illegal activity. The introduction of a fixed penalty for householders failing to pass their waste to authorised waste carriers is also proposed. https://consult.defra.gov.uk/waste/crime-and-poor-performance-in-the-waste-sector/.

DEFRA is consulting on introduction of the Offshore Environmental Civil Sanctions Regulations 2018.  Consultation closes 15^th February.  It is proposed to introduce powers, via The Offshore Environmental Civil Sanctions Regulations 2018, to enable the Department for Business, Energy and Industrial Strategy’s Offshore Petroleum Regulator for Environment & Decommissioning (OPRED) to impose civil sanctions in respect of breaches of some existing offshore oil and gas environmental regulations, which presently amount to criminal offences. The proposed sanctions would apply to offshore oil and gas operators engaged in hydrocarbon-related activities (i.e. oil and gas operations, gas unloading and storage operations and carbon dioxide storage operations) on the United Kingdom Continental Shelf. https://www.gov.uk/government/consultations/the-proposed-introduction-of-the-offshore-environmental-civil-sanctions-regulations-2018

HM Revenue & Customs are consulting on the imposing of secondary legislation to extend Landfill Tax to illegal waste sites and clarify the definition of ‘taxable disposal.  Consultation closes 18^th February.  On 1^st April, changes will be made to the Landfill Tax regime, which will affect both permitted and non-permitted sites in England and Northern Ireland:

• at sites with the appropriate disposal permit, all material will be within the scope of Landfill Tax unless expressly exempt.
• at sites without the appropriate disposal permit, all material will be within the scope of Landfill Tax

To make these changes the following legislation will be imposed:

• The Landfill Tax (Disposals of Material) Order 2018
• The Landfill Tax (Amendment) Regulations 2018
• The Aggregates Levy (General) (Amendment) Regulations 2018

https://www.gov.uk/government/consultations/landfill-tax-disposals-not-made-at-landfill-sites

Prosecutions of note.

The operator of natural gas storage facility on the East Yorkshire coast, has been fined £300,000 and ordered to pay costs of £1,731 after thirteen employees and contractors were exposed to asbestos fibres.  Mechanical maintenance personnel were tasked with the removal of a non-return valve from a compressed air distribution system. Some of the sealing gasket material was difficult to remove so they used a wire brush mounted on an electric drill to remove the gasket material which spread fibres from the gasket around the maintenance workshop onto floors, work benches and clothing. Two days later another employee became suspicious of the fibrous dust, and having reported his concerns, arranged for a sample of the dust to be tested. It was found to contain chrysotile (white) asbestos fibres.  The Health and Safety Executive (HSE) told the court that the company had failed to identify in the risk assessment for this job that there were asbestos gaskets attached to the non-return valve. HSE also told the court that records held on site, which could have helped identify the presence of asbestos, were not adequate and that the maintenance team leader involved in this task had not undertaken asbestos awareness training.

A Devon haulage and site clearance company has been fined £14,000, ordered to pay £5,000 costs and received a £90,000 Proceeds of Crime confiscation order for dumping thousands of tonnes of soil and stone on farmland.  The offences came to light after the Environment Agency examined waste transfer notes which identified the company as the source of the waste material.

In the news.

HSE advise that the Environmental Fate and Behaviour MACRO (v4.3b) higher tier drainflow spreadsheet is now available to download from http://www.hse.gov.uk/pesticides/topics/pesticide-approvals/pesticides-registration/data-requirements-handbook/fate/macro.htm  There is also the option for higher tier drainflow assessments to be performed using the Webfram model.  Applicants should note that either approach to refining first tier exposure assessments is acceptable and it is not necessary to pass both methods. Applicants are encouraged to use either of the harmonised tools as soon as possible in regulatory submissions to the UK. However HSE will continue to accept individual Applicant approaches to running higher tier MACRO simulations for a period of six months (to June 2018).

Good practice guide published.  GPP 20 Dewatering underground ducts and chambers.  http://www.netregs.org.uk/media/1477/gpp-20-publisher-pdf-version.pdf