New Parliament Statutory Instrument Service (UK)

The UK Parliament website has now launched its new long awaited Statutory Instrument (SI) service. The site is at a beta stage (meaning it’s still in testing). Improvements are expected in the next weeks, and it will include the sifting processes under the EU (Withdrawal) Act (not yet enacted) once those are finalised.

Here

As with the Bills section which has already been a long time running, the new Statutory Instrument service will display the SIs in the different decision processes, i.e. before they are enacted. These decision processes are termed “sifting”.

This new service will be particularly helpful, as thousands of new Statutory Instruments can be expected under the Brexit Acts. These will both amend and replace existing law.

I will be monitoring and posting out to keep you advised (by reference to this location). Once the SIs are enacted, they will be compiled on the Cardinal Environment EHS Legislation Registers (initially as a single link on the top right hand side).

Over time, we will consolidate these into the existing Cardinal Environment consolidated laws that we supply.

Please continue to monitor this Blog closely.

UK exits the EU (Brexit Preparedness)

I posted so far a number of times (marked EU Notices) about the guidance issued to stakeholders by the European Commission and the EU regulators. Note : there are now 65 EU Notices issued, and this material is gathered here.

In addition, please note I posted in 2017 about the going forward invalidity of UK issued carbon credits (EUETS scheme).

On 18th April, the FT published an article about approximately 40 new legislative proposals to be issued over the next 10 weeks or so (in addition to the EU Notices). This article is here. At EU level, these legislative proposals are marked “Brexit Preparedness”.

So far :

(1) a wider consultation on WTO schedules (separation of UK from EU) – here.

(2) a proposal on EU type-approval legislation – here.

Yesterday, the Irish state broadcaster RTÉ published an article of a briefing by the Secretary General of the European Commission to the Brexit Steering Group of the European Parliament (and an associated internal document of the planned Brexit Preparedness legislative proposals).

This article identifies the list of areas for these new proposals – banking, tariffs, energy efficiency, medicines, visa, and transport.

Among the proposals is a plan to design a maritime route to link Ireland and the Continental part of the North Sea-Mediterranean Corridor.

The RTE report is here.

Extensions to Packaging Producer Responsibility (UK)

Anna McMorrin has today (13th June) introduced a Ten Minute Rule Bill to extend the existing Packaging Producer Responsibility arrangements.

Information is set out here – LabourList.

I will update this post, as further information is forthcoming (including the Bill wording). So please make a note to return to this post online, as an email will not be sent out.

NB: Ten Minute Rule Bills are a type of Private Members’ Bills. To become law, a Private Members’ Bill must be taken up by the Government.

Waste Classification (EU)

The European Commission has issued new technical guidance on the classification of waste. This guidance is here.

Subscribers to Cardinal Environment EHS Legislation Registers & Checklists will have this guidance added (ENV Waste). Some will already have requested it, and had it inserted.

Individual Member States may also issue local guidance from time to time.

Note : this guidance is without prejudice to the interpretation which may be given by the Court of Justice of the European Union (CJEU), and the views expressed cannot prejudge the position that the Commission might take before the CJEU.

Single-use plastics : new rules proposed (EU)

The European Commission is proposing new EU-wide rules to target the 10 single-use plastic products most often found on Europe’s beaches and seas, as well as lost and abandoned fishing gear.

The proposed new rules (if agreed) will introduce :

(1) Plastic ban in certain products: Where alternatives are readily available and affordable, single-use plastic products will be banned from the market. The ban will apply to plastic cotton buds, cutlery, plates, straws, drink stirrers and sticks for balloons which will all have to be made exclusively from more sustainable materials instead. Single-use drinks containers made with plastic will only be allowed on the market if their caps and lids remain attached;

(2) Consumption reduction targets: Member States will have to reduce the use of plastic food containers and drinks cups. They can do so by setting national reduction targets, making alternative products available at the point of sale, or ensuring that single-use plastic products cannot be provided free of charge;

(3) Obligations for producers: Producers will help cover the costs of waste management and clean-up, as well as awareness raising measures for food containers, packets and wrappers (such as for crisps and sweets), drinks containers and cups, tobacco products with filters (such as cigarette butts), wet wipes, balloons, and lightweight plastic bags. The industry will also be given incentives to develop less polluting alternatives for these products;

(4) Collection targets: Member States will be obliged to collect 90% of single-use plastic drinks bottles by 2025, for example through deposit refund schemes;

(5) Labelling Requirements: Certain products will require a clear and standardised labelling which indicates how waste should be disposed, the negative environmental impact of the product, and the presence of plastics in the products. This will apply to sanitary towels, wet wipes and balloons;

(6) Awareness-raising measures: Member States will be obliged to raise consumers’ awareness about the negative impact of littering of single-use plastics and fishing gear as well as about the available re-use systems and waste management options for all these products.

The Commission’s proposals will now go to the European Parliament and Council for adoption.

NOTE : some EU member states already have legislation in place or planned, for part or all of these measures.

See here, for the European Commission press release.

UK exits the EU (DEFRA preparations)

Ministerial approval is given [prior to the EU (Withdrawal) Bill Royal Assent] to the following projects – to ensure preparation for all negotiation outcomes :

(1) Delivery of a new national import control system for animals, animal products and high risk food and feed. Scheduled to commence building: mid-January 2018. Estimated cost before Royal Assent: £7m.

(2) Delivery of new IT capability to enable registration and regulation of chemical substances placed on the UK market. Scheduled to commence building: February 2018. Estimated cost before Royal Assent: £5.8m.

(3) Delivery of systems for the licensing and marketing of veterinary medicines. Scheduled to commence building: end-January 2018. Estimated cost before Royal Assent: £1.6m.

(4) Development of a new catch certificate system for UK fish and fish products being exported to the EU on Exit. Scheduled to commence: building end-January 2018. Estimated cost before Royal Assent: £1.0m.

(5) Development of a UK system to manage the quota of fluorinated gases and ozone depleting substances required under the UN Montreal Protocol. Scheduled to commence: March 2018. Estimated cost before Royal Assent: £0.5m.

(6) Development of data exchange arrangements to identify the movement of EU and third country vessels in UK waters and the movement of UK vessels in EU or third country waters. Scheduled to commence: April 2018. Estimated cost before Royal Assent: £0.1m

Note : regarding start dates – the Permanent Secretary letter is dated 18 January 2018 – here.

The Civil Service World article dated the next day confirms approval was given on the 18 January 2018 for these projects. The CSW article is here.