Carbon Emissions Tax (UK Brexit)

I posted before about a carbon emissions tax being introduced in the event the UK access to the EUETS (the EU Emissions Trading System) is discontinued following Brexit.

The Finance (No. 3) Bill, out for Royal Assent, makes provision for this. Once enacted, the Act will be added to the Brexit Law List (in subscribers to Cardinal Environment EHS Legislation Registers & Checklists systems).

An information note is also published, here.

This note identifies that a Carbon Emissions Tax is one option being pursued by the UK Government.

The note sets out how the new Carbon Emissions Tax would operate.

The existing CCL is unaffected.

The new Carbon Emissions Tax will come into force via separate statutory instrument.

Brexit Status – next steps (UK Brexit)

Exit day is currently set as 12pm CET 29th March 2019.

Yesterday, the UK Parliament voted down the Withdrawal Agreement and Political Declaration package that had been agreed between the EU and UK to provide for an orderly exit.

On the UK side, although some laws are on the statute book, there is still substantive Brexit legislation that only exists in draft form, or not at all. But UK Technical Notices are published, and some Government ministries have issued more detailed information, notably HMRC, the Department for Transport, and the Home Office. Blog posts set these out (category UK Brexit Notices).

Subscribers to Cardinal Environment EHS Legislation Registers & Checklists have a continually updating Brexit Law List loaded to their UK systems (or jurisdictional UK variants).

On the EU side, EU Brexit Preparedness Notices are issued, and a Contingency Plan is in place, with a useful Q&A. Blog posts set these out (category EU Brexit Notices).

The international EU-UK land border is on the island of Ireland. I posted recently on Ireland’s Brexit Preparedness. An omnibus bill of measures will be introduced shortly. I updated my Blog post online, please scroll down the latest posts.

Next steps :

(1) today, the UK Government faces a no confidence motion, which it is expected to win

(2) Monday will see the UK Prime Minister give a statement to Parliament

(3) the next days will see the UK Government explore other sorts of arrangements for an orderly exit, and it is possible the exit day could be put back to give more time.

I will issue a new Blog post next week, with any progress made.

As I said in recent Blog posts, if subscribers to the Cardinal systems wish to set up a Brexit telecon with me, to run through specifics, please email me. At the moment, I am holding these telecoms at no extra charge.

New Air Quality Strategy (England)

DEFRA has today published its new Air Quality Strategy, for England (most aspects of air quality management are devolved matters). This document is here.

Scotland already has its own Air Quality Strategy, information is here. Wales and Northern Ireland are developing theirs.

The England document states :

(1) New legislation will create a stronger and more coherent framework. (This will be contained in the Environment Bill, which is not yet published save for the governance aspects).

(2) New England-wide powers will control major sources of pollution (some aspects listed below).

(3) New local powers will enable action in areas with an air pollution problem, including powers to create Clean Air Zones for all air pollution sources, in the Environment Bill, not just smoke, as exists currently (under the existing Clean Air Act).

(4) A commitment to bring all national and local monitoring data into a single online portal. Currently an online portal, with trigger alerts, exists for the London area.

(5) A commitment to publish a new target for fine particulates PM2.5, and evidence (early in 2019) on the action needed to achieve the WHO target of 10 micrograms per metre cubed. Note, the EU limit of 25 micrograms per metre cubed is met, and the second stage target of 20 micrograms per metre cubed is on target (the document states) for 2020.

(6) A commitment to provide a personal messaging system (see above comment re the London alert system).

(7) A commitment to creating a new target for reducing deposited reactive nitrogen (a target is specified).

(8) New legislation will compel manufacturers to recall non-road mobile machinery for failures in emissions control technology (this legislation is not yet published).

(9) New legislation will ban the sale of the most polluting fuels.

(10) Changes will be made to existing smoke control legislation, via the Environment Bill, to improve enforcement.

(11) Medium combustion plant emission standards will be reviewed.

(12) A National Air Pollution Control Programme will be developed with the devolved governments (as required by the EU National Emissions Ceilings Directive) for publication in 2019.

The above is a selection only, there are further commitments in the document itself.

Brexit Law and EU Retained Law (Cardinal Environment Services)

I have posted before that subscribers to Cardinal Environment EHS Legislation Registers & Law Checklists have added to their systems, a continually compiled Brexit Law List.

The European Union (Withdrawal) Act 2018 retains EU law enacted at the exit date, and section 8 of the 2018 Act gives powers to make adjustments in order that this EU Retained Law will operate in the UK after the exit date. These adjustments will be made via Statutory Instruments (Regulations) issued with brackets (EU Exit) in the title, generally. The Brexit Law List compiles OHS and ENV related (EU Exit) Instruments, and others.

It is clear that at least some of the (EU Exit) Instruments amend actual EU Regulations as they apply in the UK. To avoid confusion, we will not consolidate those amendments into the base document, until further on in the Brexit process. Instead we will show the (EU Exit) instrument beneath the EU Regulation as a companion, when we populate out the documents into the Registers from the Brexit Law List.

In due course, further on in the Brexit process, these Retained EU Laws will become England Retained EU Law (consolidated) and ditto other national variants.

An example of an (EU Exit) instrument is here.