Technical Notices (UK Brexit Preparedness)

UPDATE : government letter to the health care sector (this calls for stockpiling to ensure continuity of supply) – here.

The UK government has today issued its first tranche of Technical Notices in the subject area of UK Brexit Preparedness. These Technical Notices create requirements for Government to have online portals and other IT in place, and for stakeholders to use these, and make other arrangements.

The Technical Notices are here.

Please read the Notices carefully, any questions, please email them directly to me.

Energy Sector (UK Brexit Preparedness)

As with the Financial Sector, the UK government has advised it will issue Regulations to ‘onshore’ energy legislation. This communication is here.

Unless the forthcoming changes to energy legislation relate to the Climate Change Levy or other climate related areas, this Blog post will be the only Blog post I will write about the matter.

Standard Rules Environmental Permitting (England)

The Environment Agency offers standard rules environmental permits in England for listed activities.

Further permits are now available (waste).

The full list is here.

Note : standard rules permits are cheaper, but

• the rules cannot be varied and there is no right of appeal against them

• any change in operations so a standard permit no longer works for the operation results in a requirement to make it a bespoke permit instead

• if there is a change in the local environment after the permit has been issued (for example due to a change in the definition of a groundwater source protection zone), the operation may need to be upgraded to a standard sufficient for the changed environment, or the permit changed to a bespoke permit

Plastics Update (UK)

The UK Government has been consulting on “the plastics problem”. This consultation has just concluded. The document is here (it is mostly the consultation responses) :

The government response is (stated in the document) :

(1) The government is developing a new strategy on resources and waste that looks ahead at opportunities outside the EU. This will set out the detail of how the government will meet the ambitions for resources and waste that are set out in the Clean Growth Strategy, the Industrial Strategy and the 25 Year Environment Plan.

(2) The aim of the strategy will be to make the UK “a world leader in resource efficiency and resource productivity”, and “increase competitiveness”. It will set out how the government will work towards ambitions of doubling resource productivity and zero avoidable waste by 2050, maximising the value extracted from resources and minimising waste and the associated negative environmental impacts.

(3) The strategy will be published this year, as will a consultation on the reform of the packaging waste regulations and a deposit return scheme for beverage containers.

Please note : household waste recycling is already adrift of the 2020 recycling targets, and I posted earlier about the EU waste law changes (enacted, changing existing EU waste directives, including the packaging and packaging waste directive, with forward dates – the EU Combined Cycle law) that increase recycling targets further.

Carriage of Dangerous Goods (UK Brexit Preparedness)

The UK government is now consulting on new 2018 CDG Regulations (applicable in Britain) that will be brought forward to amend the CDG 2009 (the 2009 dated CDG Regulations that were amended in 2011) : the document is here

(separate amending regulations will be brought forward in Northern Ireland)

(1) to remove deficiencies arising from the UK’s exit from the European Union (EU), including textual amendments to definitions and requirements that are currently predicated on the UK being a Member State of the EU. The In-force day is the day that the UK exits the EU (“exit day”).

The amendments will maintain the dangerous goods regulatory framework and the international process behind it as it is today, including the GB Competent Authority’s power to grant authorisations and implement derogations. Those involved in the carriage of dangerous goods will continue to be required to follow the requirements of RID (for rail) and ADR (for road), in the same way as before EU exit.

The amendments are purely technical. They primarily amend definitions and requirements that are currently predicated on the UK being a Member State of the EU. For example, references to the UK being a “relevant Member State” are replaced with references to “relevant territory”. Textual amendments to CDG 2009 also make it clear that references to ADR and RID will continue to be to the latest versions of those documents, whereas references to the DG Directive and the Transportable Pressure Equipment Directive (2010/35/EU) will be to the versions of those Directives in force upon exit day. These new regulations will be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2018.

(2) to gather input for future changes – flexibility will continue on how dangerous goods regulation is implemented in the future, the UK government is seeking input on this.

In addition, the legal requirement for vapour recovery systems to be installed on mobile tanks is reinstated.

The Petroleum (Consolidation) Regulations 2014 mistakenly revoked regulation 5 of the Carriage of Dangerous Goods by Road Regulations 1996 in its entirety. This regulation referenced, amongst other documents, the Approved Tank Requirements published by the Health and Safety Commission. These included the requirements for the design and construction of tanks in respect of the control of volatile organic compound (VOC) emissions. Whilst the references to other documents were no longer required, the reference to the Approved Tank Requirements was.

This mistake is being rectified in a separate Statutory Instrument by the Department for Business, Energy & Industrial Strategy. It is entitled [Radioactive Substances], [Transport] of Radioactive Material (Radiation Emergencies) Regulations 2018. Those Regulations will contain a reference to the Approved Tank Requirements concerning the provisions for vapour recovery systems of mobile containers carrying petrol.

Domestic Burning (UK)

The UK government is consulting now on new controls to be brought in on wood and coal burning in domestic scale appliances and fireplaces.

The consultation asks for input on a range of questions, and states that new UK law will be brought in to restrict the sale of coal and wet wood.

This consultation is here.

This follows in from new voluntary guidance issued to farmers and agricultural contractors re ammonia emissions. This guidance is here.

Financial Sector (UK Brexit Preparedness)

Recently the UK updated its approach to ‘onshoring’ financial services and the guidance is here.

The necessary legislation (as statutory instruments) is now being drafted. There will be considerable numbers of these instruments.

Since financial services are not my area, I do not propose to Blog post further about these. So this Blog post is the only post I will write on this topic.

Financial services underpin a very wide range of ordinary daily commercial and domestic activities, such as for example the deposit guarantee scheme guarantees bank deposits. My suggestion is the reader finds someone who is tracking this subject and follow them also.