UK exits the EU (ECHA advice to companies)

I posted earlier with the European Commission Notices to Companies. The European Chemicals Agency (ECHA) has also issued advice to companies. This covers :

(1) general

(2) Reach

(3) CLP (Classification, Labelling & Packaging)

(4) BPD – Biocides (see also my earlier post on the European Commission Notice to Companies, and Q&A)

(5) PIC

The ECHA information is accessed here

Endocrine Disruptors (EU)

On the 4th July 2017, EU Member States voted in favour of draft criteria to define endocrine disruptors in the area of plant protection products. These draft criteria are here. The criteria are based on the WHO definition of an endocrine disruptor, and apply to human health and also to the environment. 

The criteria will apply after a short transitional period of 6 months. 

EU legislation provides that active substances used in plant protection products are only approved for a limited period of time, and that these approvals are routinely reviewed. EU legislation for plant protection products also provides that active substances which are endocrine disruptors shall not be approved, unless there is negligible exposure in which case they may be approved under restricted conditions.

As regards the criteria for the environment, the specificity of some active substances which have endocrine modalities that affect target arthropods (e.g. insects) but do not affect vertebrates including humans has been acknowledged. These substances, of particular interest for integrated pest management, will be subjected to a specific risk assessment and only approved if there are no unacceptable effects on non-target organisms.

The question whether an active substance is an endocrine disruptor will be assessed each time the substance is subject to an approval or a renewal of approval at EU level.

The legal text setting out the criteria has been sent to the Council and the European Parliament. They will have three months (from July) to examine it before final adoption by the Commission. The text will enter into force 20 days after its publication in the Official Journal and be applicable six months after this (see above). 

In order to be ready to apply the criteria, EFSA and ECHA are preparing a joint Guidance document on endocrine disruptors. An outline was published on 20 December 2016 and a draft guidance document – already consulted with Member States and stakeholders – will be available for public consultation in autumn. After this public consultation, the guidance document will be finalised before the criteria start applying. It is important to recall that the criteria will apply also to the on-going procedures reassessing the substances. This post will be updated at that point. 

Further information is set out in this European Commission press release. Here

UK exits the EU (Notices to Business Operators)

I posted earlier re Medicines. The European Commission has now issued Notices to Business Operators in the following areas :

(1) GMOs – the Notice is here (this post will be updated when the Q&A is available). 

(2) Biocides – the Notice is here and the Q&A is here

(3) Pesticides and Plant Protection Products – the Notice is here and the Q&A is here.

Please pay close attention as the requirements differ with each legal instrument (topic). 

Cardinal Environment Limited public website

Some months ago I advised we would be upgrading our public website and introducing new services on it. This activity has been overtaken by the complexity of the UK Brexit process. Accordingly, viewers will see a simple update has been published last year (only). 

When the UK Brexit process has been completed, we will update our country coverage. 

Please address any questions about our public website to me by email. 

European Union (Withdrawal) Bill 2017-2019 (UK)

The Second Reading of this first Brexit Bill has begun in the House of Commons (as I write this, the Sec of State DExEU is on his feet introducing the Second Reading). The Bill is here.

I posted before when this was introduced at First Reading. In the intervening time, the House of Commons Library has published a useful detailed account of the Bill. This useful account is here.  UPDATE : this briefing document is not found 

Substantive changes can be expected to the current UK statute database, as a result of the implementation of this Bill. As we go forward, my intention is to corral the Brexit law in a separate place on everyone’s Registers System. Please make sure you follow this Blog, as I post how the Brexit law will affect the current UK statute database as made available in your Registers. 

This is an exhaustive and immense process, and there may be delays. Please keep following this Blog for updates.

Email Alerts will be issued when changes occur to the current law in your Registers. This Blog will advise on the Brexit law that I will make available in the separate linked place I spoke about (this will be at the top right on OHS, and ENV Registers index pages). Those who have Law Checklists : the Brexit law link will appear just below the links to the Law Checklists.

Please address any questions by email to me. 

Energy efficient products (EU)

In the European Union, many everyday products such as washing machines, refrigerators, domestic boilers and cooking appliances carry energy labels and are designed to meet minimum energy efficiency standards.

Energy labels help consumers choose energy efficient products. Hitherto, the labelling requirements for individual product groups have been created under the EU’s Energy Labelling Directive, a process managed by the European Commission. Products had been labelled on a scale of A+++ (most efficient) to G (least efficient).

In July 2017, a new Energy Labelling Regulation was published that will gradually replace the Directive. In the future, products will be labelled using a simpler A to G scale, as the development of more energy efficient products means that the lowest categories in the previous scale are no longer needed. Consumers will also have access to a database of product labels and information sheets, and defeat devices, which alter a product’s performance under test conditions, will be banned.

The new Energy Labelling Regulation is here. It is in force from 1st August 2017. As a European Regulation it is directly applicable in all member States, without necessary enactment of local law. 

Companies can create their own labels for energy efficiency using a range of labelling tools.

Ecodesign regulations require manufacturers to decrease the energy consumption of their products by establishing minimum energy efficiency standards. By setting these standards at European level, manufacturers do not have to navigate through multiple national regulations when launching their products on the market.

The ecodesign requirements for individual product groups are created under the EU’s Ecodesign Directive, process also managed by the European Commission. As an alternative, industry sectors may sign voluntary agreements to reduce the energy consumption of their products. The Commission formally recognises such agreements and monitors their implementation.
The (recast) European Directive (dating 2009) is here

It is in the UK news that energy inefficient and noisy vacuum cleaners are banned from today (1st Sept 2017), this is the date set out by the vacuum cleaner specific European Regulation made under the EU’s Ecodesign Directive. The European Regulations issued for products covered by the Ecodesign Directive are located from this link

The European ENERGY STAR Programme is a voluntary energy labelling scheme for office equipment. With the ENERGY STAR logo, consumers can easily identify energy efficient products. It covers office equipment including computers, servers, displays, imaging equipment and UPSs.

ENERGY STAR was started by the US Environment Protection Agency in 1992. The EU agreed to take part in 2001 to include office equipment not carrying an EU energy efficiency label.

Under EU law (Article 6 and Annex III (c) of Directive 2012/27/EU), central governments and EU institutions must purchase office equipment with energy efficiency levels at least equivalent to ENERGY STAR.