UK BAT (UK)

Industrial installations undertaking specific types of activity are required to use ‘best available techniques’ (BAT), which means the best economically and technically viable techniques to prevent, minimise and reduce emissions to air, water, and land.

BAT is used to determine the types of abatement technologies and methods that operators should put in place. BAT conclusions describe the best techniques and associated emission levels, which are the basis of the limits placed within environmental permits.

The UK Government, the Scottish Government, the Welsh Government, and the Department of Agriculture, Environment and Rural Affairs (DAERA) are putting in place a new regime for the development of ‘BAT’ across the United Kingdom (UK), following the UK’s exit from the European Union (EU).

Northern Ireland – any ‘Best Available Techniques’ determined in Northern Ireland will need to ensure account is taken of the Northern Ireland Protocol, which requires some specific activities that interact with the Single Electricity Market to continue to align with the EU Industrial Emissions Directive (IED).

BAT was adopted and applied across the European Union (EU) by the European Commission as BAT Conclusions (BATC) under the IED (Directive 2010/75/EU).

Existing EU BATC continue to have effect in the UK through the EU Withdrawal Act 2018. They are available in best available technique reference documents or BREFS.

The UK no longer needs to meet the requirements of new EU BATC issued after 31 Dec 2020.

30 August 2022 – Policy Paper – here.

BATC will be published as statutory instruments and used as the basis for permit conditions for industry.

The UK BAT system will take between 1 to 3 years to create a set of BATC depending on the complexity of the industrial sector. The order of BATC to be reviewed will be announced in advance.

UK BAT will be established by technical working groups (TWG) for the relevant industrial sectors.

The first 4 industry sectors to establish BATC groups will be:

1 Ferrous metal processing – galvanising (FMPG).

2 Ferrous metals processing – forming (FMPF).

3 Textiles (TXT).

4 Waste gas treatment in the chemicals sector (WGC).

The TWG’s will be established from September 2022. It is anticipated that the BATC for the industry sectors above will be published in the second half of 2023.

A new governance structure will also be established, with new independent bodies – called the Standards Council and the Regulators Group – consisting of government officials and expert regulators from all four nations of the UK.

A UK Air Quality Governance Group will also be established to oversee the work of the Standards Council and the delivery of the requirements under this new framework. Interested parties from industry, academia and civil society will be able to engage in the running of the BAT system through an advisory group being set up by the UK BAT Team.

Local councils currently play a major role in regulating industrial installations in England and Wales and have a clear interest in the impact emissions have on the health of local communities and the environment. The new regime will bring local councils into the BAT framework for the first time by involving them in the governance and standard-setting processes.

Some sectors in the UK had already begun a separate review process under the old EU BAT framework. These sectors will complete the BAT process, drawing on UK data submitted to the EU as a starting point, then tailor the BAT to meet UK circumstances.

Clean Air Zones (England)

Air quality objectives and standards in Britain follow those set by the EU (to 31st December 2020), meanwhile the WHO published new Global Air Quality Guidelines in 2021 here.

Repeated court decisions have determined breaches in Britain, and as a consequence DEFRA is obliging local authorities (England) to meet legal deadlines for improved air quality in hot spot areas. This is done via Local Air Quality Management (also an EU legacy).

Clean Air Zones are sometimes the result. In addition to the Low and Ultra Low Emission Zones in London, three Clean Air Zones are established in England. The Greater Manchester Clean Air Zone is delayed.

Information on Clean Air Zones is here. Note, there can be different types of Clean Air Zones.

Information on the London Zones is here. Note, London operates a Congestion Charge Zone, a Low Emission Zone and an Ultra Low Emission Zone.

Scotland is planning Low Emission Zones in 2022 – information is here.

Environment Act 2021 – summary (UK)

The Act is not yet published, neither is any commencement order, nor any regulation.

The closest text is the text as introduced to the House of Lords – here. Note, Environment is a devolved matter, which means the bulk of the Environment Act 2021 provisions relate to England only.

Key points –

(1) the government must set long-term targets in priority areas for England (and may set other long-term targets) – by regulations – air quality, water, biodiversity, resource efficiency and waste reduction. The government must then review these targets in the context of the significant improvement test in section 6.

(2) the government must publish a statement of environmental principles, to be used in policy making.

(3) the government must publish a report (at specified intervals) on developments in international environmental law.

(4) an Office for Environmental Protection (OEP) must be established in England, to carry out certain scrutiny and advice functions. Schedule 3 deals with the OEP as respects Northern Ireland.

(5) Schedule 4 confers powers to make regulations on producer responsibility, replacing authority in earlier legislation which is revoked. Schedule 5 confers powers to charge for disposal costs.

(6) Schedule 8 confers powers to make regulations to create deposit schemes.

(7) Schedule 9 confers powers to make regulations about charges for single-use plastic items.

(8) the Environmental Protection Act 1990 is amended with provisions about the separate collection of recyclable waste in England – glass, metal, plastic, paper and card, food waste.

(9) the Environmental Protection Act 1990 is amended with updated provisions for hazardous waste in England and Wales.

(10) the Waste and Contaminated Land (Northern Ireland) Order 1997 is amended with updated provisions for hazardous waste.

(11) the Environmental Protection Act 1990 is amended with updated provisions for transfrontier waste shipment.

(12) the government may make regulations to recall vehicles or engines on environmental grounds (section 73).

(13) the Water Resources Act 1991 (applicable England and Wales) is amended to require sewerage undertakers to publish and maintain a drainage and sewerage management plan. These provisions were strengthened slightly following consideration in the House of Lords (final Act text not yet published).

(14) the government (and the relevant authorities in the devolved administrations) may make regulations to change water quality standards.

(15) Schedule 14 provides for biodiversity gain to be a planning condition.

(16) the Natural Environment and Rural Communities Act 2006 section 40 duty to conserve biodiversity (England) is substantively enhanced.

(17) local authorities in England must publish biodiversity reports at specified intervals.

(18) there must be more local nature recovery strategies so that they cover the whole of England.

(19) Natural England is empowered to publish a strategy for improving the conservation status of any species of flora or fauna (a special conservation strategy).

(20) Natural England is empowered to publish a strategy for improving the conservation and management of a protected site (a protected site strategy).

(21) local authorities in England must consult before felling street trees.

Environment Act 2021 (UK)

The long awaited Environment Act 2021 finally received its royal assent on 9th November. The government press release is here.

The document is not yet published, and its provisions will need to be commenced. The detail will be in Regulations, which are not yet available.

I had written extensively when the document was first promulgated, and I will write further blog posts on the subject once the Act is published and we see the provisions that are commenced now.

UK BAT Consultation (UK)

From 1st Jan 2021, EU BATC (best available techniques conclusions) documents will not be applicable in the UK (except in Northern Ireland under the Ireland/Northern Ireland Protocol of the Withdrawal Agreement).

The UK is now consulting on developing its own approach to the creation of UK BAT documents. Here (and online – here). The deadline is 18 April 2021.

A new governance structure is proposed to enable BAT a’ Best Available Techniques’ to be developed within the UK. This would be formed of a new Standards Council, made up of representatives from the UK Government and Devolved Administrations, a new Regulators Group that will provide technical advice to the Standards Council, and Technical Working Groups for each new ‘Best Available Techniques’ under consideration.

The Council would coordinate a rolling programme for review of ‘Best Available Techniques’ within the UK. The programme will be informed by the time since the industry sector last had a ‘Best Available Techniques’ review as well as technical insight on new and emerging techniques and ‘Best Available Techniques’ development in other regimes around the world. This includes considering when general guidance on ‘Best Available Techniques’ developed for new processes or for unique installations would benefit from being considered through the new system. The decision on the future timetable will be based on technical advice provided by the Regulators Group, and instigation of ‘Best Available Techniques’ development can be proposed by any Council member. It is proposed that ‘Best Available Techniques’ currently under review by the EU, where UK industry and experts have already been involved, should be considered by the UK process, once established.

The Regulators Group will support the Council and provide oversight of the work of the sector specific Technical Working Groups. It will develop and regularly review the technical principles that underpin ‘Best Available Techniques’ within the UK, apply those principles when reviewing each sector ‘Best Available Techniques’ and will make recommendations to the Council on ‘Best Available Techniques’. The Regulators Group membership would comprise of representatives from the Environment Agency, Natural Resources Wales, Northern Ireland Environment Agency and the Scottish Environment Protection Agency as well as the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) (for offshore oil and gas installations).

Further detail is set out in the consultation document.

EU-UK Trade and cooperation agreement (2) (UK & EU)

I updated my post this morning with the link to the UK published legal text (1,246 pages – it’s the same text in the individual sections and chapters). Look back on the blog itself.

I also updated my post this morning (online) with the link to the EU document now loaded on a dedicated website, this also includes an EU Q&A – here.

A couple of points (identified in the Q&A) –

(1) Trading under ‘FTA’ (free trade agreement) terms from 1st Jan will differ substantively to trading in EU’s Customs Union and Single Market.

In particular:

• rules of origin will apply to goods in order to qualify for preferential trade terms under the agreement;

• all imports will be subject to customs formalities and will need to comply with the rules of the importing party;

• all imports into the EU must meet all EU standards and will be subject to regulatory checks and controls for safety, health and other public policy purposes.

(2) Traders will account not only for the origin of materials used, but also if their processing took place in the territory of one of the Parties. This is called ‘full cumulation’. Exporters will be able to self-certify the origin of the goods, and will have additional flexibility in collecting documentary evidence to prove origin during the first year.

(3) The Parties will recognise each other’s ‘Authorised Economic Operators’ programmes, enabling trusted traders with this status to use certain simplifications and/or facilitations relating to security and safety in their customs operations with the customs authorities of the other Party. But there is no waiver on security and safety declarations, as this requires alignment between the Parties on security standards.

(4) From 1st Jan, the EU and the UK will be two separate regulatory and legal spaces. This means that all products exported from the EU to the UK will need to comply with UK technical regulations and will be subject to any applicable regulatory compliance checks and controls. Similarly, all products imported from the UK to the EU will need to comply with EU technical regulations and will be subject to all applicable regulatory compliance obligations, checks and controls for safety, health and other public policy purposes.

(5) Both Parties agreed on a definition of international standards that identifies the relevant international standard-setting bodies. This is intended to ensure that both sides’ domestic product standards and technical regulations are based on the same international references and are therefore compatible to the extent possible.

(6) In the field of conformity assessment, the Parties agreed to maintain simplified access to each other’s markets through, in particular, the continued use of self-certification of conformity by the manufacturer where this is currently applied in both the EU and the UK. This covers a very large share of bilateral trade.

(7) Re Automotive Products – the Parties agreed that regulatory convergence will be based on the use of the international technical standards set at UNECE (United Nations Economic Commission for Europe) level. Both Parties will accept, in their respective markets, products that are covered by a valid UN type-approval certificate.

(8) Re Medicinal Products – the Parties agreed to recognise the results of inspections carried out by the authorities of the other Party in manufacturing facilities located in the territory of the issuing authority. This will avoid unnecessary duplication of inspections of manufacturers of medicinal products to assess their compliance with Good Manufacturing Practice requirements.

(9) Re Chemicals – the Parties agreed to cooperate, while respecting each Party’s right to regulate, both bilaterally and in relevant international fora, on the assessment of hazards and risks of chemicals and the formats for documenting the results of such assessment. The Parties already implement the UN GHS and this will continue. The Parties agreed to use transparent procedures for the classification of substances and possibly to exchange non-confidential information.

(10) Re Organic Products – the Parties agreed reciprocal recognition of equivalence of the current EU and UK organic legislation and control system, for all categories of organic products. Organic products complying with EU law and certified by control bodies recognised by the EU will be accepted on the UK market and vice-versa. In view of new EU rules for organic products applying as of 1.1.2022, equivalence will be reassessed by end-2023.

(11) Re SPS – there will be no changes to EU food safety standards. UK agri-food exporters will need to meet all EU SPS import requirements and be subject to official controls carried out by Member States’ authorities at Border Control Posts. Where required, these controls will include the verification of health certificates in line with international standards. Similarly, EU agri-food exporters will need to meet all UK SPS import requirements.

The Agreement allows for either party to unilaterally decide to reduce the frequency of certain types of border import controls, taking into account the extent to which their SPS rules converge.

It also ensures a simplified process for the approval of imports, where relevant by drawing up lists of establishments that are eligible to export to the other party, based on guarantees provided by the authorities of the exporting Party.

(12) Re Northern Ireland – the EU acquis, including the Union Customs Code, legislation on goods, sanitary rules for veterinary controls (“SPS rules”), rules on agricultural production/marketing, or VAT and excise in respect of goods, will apply to all goods entering Nortern Ireland.

As a result, from 1 January, goods entering Northern Ireland from Great Britain will constitute “imports”.  This means that such goods will need to comply with EU product rules and be subject to checks and controls for safety, health and other public policy purposes, including all necessary SPS controls applicable between the EU and the UK.

An agreement in principle (under the separate Withdrawal Agreement) has been found in the following areas, amongst others: export declarations, the supply of medicines, the supply of certain chilled meats and other food products to supermarkets, and a clarification on the application of State aid under the terms of the Protocol. There are some facilitations –

For example, certain chilled meat, for which imports in the Union market are normally prohibited, will be accepted for delivery to supermarkets in Northern Ireland during a limited period of 6 months:

• Minced meat of poultry, frozen or chilled. Chilled minced meat from animals other than poultry (e.g. minced beef.

• Chilled meat preparations (e.g. sausages, meatballs, pork pies)..

• Any fresh meat, including minced meat and meat preparations, produced from triangular trade (e.g. EU meat exported to Great Britain, cut or minced in Great Britain and re-exported to Northern Ireland).

Another example is that, during a limited period of 3 months, the goods coming from Great Britain and destined for supermarkets located in Northern Ireland will be accompanied with a simplified, collective certificate covering all the goods transported in the same truck, instead of individual certificates.

During this period of time, the UK shall maintain its current EU SPS legislation for the products concerned.

The scope is limited to a restricted number of food suppliers for supermarkets which are approved by the UK authorities after demonstrating that they meet a range of trust criteria. This list of members will be established by the United Kingdom in cooperation with the European Commission before 31 December 2020 and cannot be extended after that date.

(13) Re Business Persons Mobility – the temporary movement of natural persons for business purposes (often refered to as ‘mode 4‘), the EU and the UK have agreed on a broad range of reciprocal commitments facilitating the ability of companies located in a Party to transfer certain employees, as intra-corporate transferees, to work in an associated company located in the other Party. As intra-corporate transferees constitute temporary migration, the maximum duration of such transfers is capped at three years. With respect to UK nationals transferred to the EU, this duration includes periods of mobility between Member States. This is in line with current EU practice with other third countries.

The EU-UK Agreement also facilitates the movement of “contractual service suppliers” or “independent professionals” to supply services under certain conditions. Business visitors not providing services will also be allowed short-term entry in order to carry out certain activities.

(14) Re Legal Services – the EU and its Member States, and the UK will allow lawyers from the other Party to provide legal services relating specifically to the practice of international law and the law of the country where they are authorised under their “home” title.

However, it should be noted that EU law is not considered to be international law, but instead the law of the Member State in which EU lawyers are established or hold their “home title”.

(15) Re Energy – the UK will leave the EU’s internal energy market on 1st Jan, Northern Ireland will maintain the Single Electricity Market with Ireland (Republic of Ireland) (under the separate Withdrawal Agreement). The EU and the UK have agreed to establish a new framework for their future cooperation in the energy field. The UK Energy (Electricity) Guidance was updated on Dec 24th (see the Brexit Guidance List on Cardinal Environment Registers & Checklists).

The UK also leaves the EU ETS (see the Brexit Guidance List) and Euratom.

The UK will define its own climate change targets and policies and the UK committed to implementing a system of carbon pricing as of 1 January 2021. The Parties agreed a framework for cooperation in the fight against climate change, and their ambition to achieve economy-wide climate neutrality by 2050. The Parties will give serious consideration to linking their respective carbon pricing systems in a way that preserves the integrity of these systems and provides for the possibility to increase their effectiveness, for instance by adding further sectors, such as buildings. This would be subject to an agreement to be negotiated separately in the future.

There are also agreed provisions for cooperation in the development of offshore energy, with a focus on the North Sea.

(16) Re Euratom – the Agreement contains a separate agreement between Euratom and the UK on the safe and peaceful uses of nuclear energy.

This Agreement enables:

• the supply and transfer of nuclear material, non-nuclear material, technology and equipment;

• trade and commercial cooperation relating to the nuclear fuel cycle;

• cooperation in the safe management of spent fuel and radioactive waste;

• nuclear safety and radiation protection;

• use of radioisotopes and radiation in agriculture, industry and medicine;

• geological and geophysical exploration;

• development, production, further processing and use of uranium resources.

(17) Re Rebalancing (Level Playing Field, includes OHS and ENV Standards) – the Agreement provides the possibility to apply unilateral rebalancing measures in the case of significant divergences in the areas of labour and social, environment or climate protection, or of subsidy control, where such divergences materially impact trade or investment between the Parties.

This might be relevant, for example in a situation where one Party would significantly increase its levels of protection related to labour or social standards, the environment or climate above the levels of the other Party. This may entail an increase in the costs of production and hence a competitive disadvantage.

Another example would be a situation where one Party would have a system of subsidy control that would systemically fail to prevent the adoption of trade distorting subsidies, which would provide a competitive advantage for that Party.

In such cases, a Party would be able to adopt measures to rebalance the competitive advantage of the other Party.

Each Party could also, at regular intervals and if rebalancing measures have been taken frequently or for more than 12 months, seek a review of the trade and other economic parts of the Agreeent to ensure an appropriate balance between the commitments in the Agreement on a durable basis. In this case, the Parties could negotiate and amend relevant parts of the Agreement. Any trade or economic part of the Agreement, including aviation, that would remain in place or be renegotiated would retain appropriate level playing field commitments.

(18) Re OHS and ENV – the EU and the UK agreed to uphold levels of protection in the areas reated to labour and social standards, and environment and climate.

Labour and social levels of protection cover the following areas:

• fundamental rights at work;

• occupational health and safety standards;

• fair working conditions and employment standards;

• information and consultation rights at company level; or

• restructuring of undertakings.

Environmental levels of protection include the following areas:

• industrial emissions;

• air emissions and air quality;

• nature and biodiversity conservation;

• waste management;

• the protection and preservation of the aquatic environment;

• the protection and preservation of the marine environment;

• the prevention, reduction and elimination of risks to human health or the environment arising from the production, use, release or disposal of chemical substances; or

• the management of impacts on the environment from agricultural or food production, notably through the use of antibiotics and decontaminants.

The climate level of protection applies to:

• emissions and removals of greenhouse gases covering EU’s and the UK’s respective 2030 economy-wide targets including their systems of carbon pricing; and

• the phasing-out of ozone depleting substances.

(19) Re Further OHS and ENV Provisions – the Agreement contains several guarantees in terms of environmental protection, over and above the non-regression provisions applying to environment, climate and labour and social protection. These include:

• A recognition of the shared biosphere;

• Coverage of future targets that are now in the laws of the parties – the 2030 waste recycling targets, the 2027 water targets and the 2030 air pollution ceilings;

• Full inclusion of the key environment principles, including precautionary principle, polluter pays, and integration principle;

• Full inclusion of the principles of the Aarhus Convention with modernised text, including access to justice, access to information and public participation;

• Effective co-operation mechanism foreseen between the supervisory body or bodies in the UK in terms of protection of the environment, and the Commission;

• The recognition of the relevance of procedures for evaluating the likely impact of a proposed activity on the environment, such as an environmental impact assessment or a strategic environmental assessment.

(20) Re Health/Sanitary Quality in Agri/Foods – the broad scope of the commitment on the environment refers to agricultural and food production. In addition, it specifies two important areas for the level playing field with regards to agriculture and food production, namely the use of antibiotics and decontaminants.

(21) Re Aviation – UK carriers will be able to fly across the territory of the EU without landing; make technical stops in the territory of the EU for non-traffic purposes; and carry passengers and/or cargo on any routes between a given point in the UK and a point in the EU. Also, the Agreement will permit Member States and the UK to bilaterally exchange onward travel (termed 5th freedom) rights for extra-EU all-cargo operations only (e.g. Paris-London-New York).

The Agreement defines new arrangements for the recognition of future design and environmental certificates, as well as for production organisation oversight. Existing design certificates issued under EU rules before 1 Jan will remain valid.

(22) Re Road Transport – the Agreement provides for quota-free point-to-point access for operators transporting goods by road between the EU and the UK. This means UK lorries would be able to reach the EU and return from the EU, including when not loaded. The same rights are conferred to EU hauliers travelling from any point in the EU to the UK, and back from the UK to anywhere in the UK.

UK and EU trucks will also be able to perform up to two additional operations in the other party’s territory, once they have crossed the border.

This will allow EU hauliers that carry a load to the UK to perform two cabotage operations in the UK, thus limiting the risk of having to travel back to the EU without a load. 

For UK hauliers, these additional operations can be composed of two cross-trade operations (i.e. transport operations between two Member States) or one cross-trade and one “cabotage” operation (i.e. a transport operation within two points of a single Member State). Special provisions are made in the case of Ireland, as Northern Irish hauliers will be able to perform two cabotage operations in Ireland.

ECMT holders will be able to do 3 cabotage operations.

F-Gases and ODS (Northern Ireland from 1 Jan 2021)

DEFRA has today, 15 Oct, issued stipulations for F-Gases and ODS in Northern Ireland – here.

After the end of the transition period, EU regulations will continue to apply to all businesses in Northern Ireland who produce, supply, import, export or use F gases or ODS.

This means two changes for businesses in Northern Ireland:

• Businesses who import and supply the Northern Ireland market with F gases or equipment containing F gas will need to have enough EU quota/authorisations to cover their imports from Great Britain, if they do not already have this. Engineers and end-users, such as equipment manufacturers, installers and supermarkets, working with F gas should ensure they get their F gas from someone that has EU quota.

• F gas and ODS technicians in Northern Ireland will need to qualify for an Irish certificate if they are to continue working in the Republic of Ireland from January 2021. However, they will be able to continue to work in Northern Ireland with their current certificate.

The new free-to-use Trader Support Service will provide support and guidance to businesses moving goods under the Northern Ireland Protocol. Businesses who sign up to the Trader Support Service will be guided through the new processes under the Northern Ireland Protocol and can also use it to complete digital declarations.

Please also read the stipulations that apply to GB, including GB quotas, set out in separate instructions – here.

F-Gases and ODS (GB from 1st Jan 2021)

I posted a few days ago with the stipulations if exports to the EU are rejected. Today, 15th Oct, DEFRA and the Environment Agency issued full instructions on the regulations that will apply in England, Scotland and Wales (Great Britain – GB), for F-Gases and ODS from 1st Jan 2021.

The updated webpage is here.

GB will continue to:

• restrict ODS

• use the same schedule as the EU to phase down HFCs (hydrofluorocarbons, the most common type of F gas) by 79% by 2030 relative to a 2009 to 2012 baseline

That means new GB F gas quotas will follow the same phase down steps as the EU:

• limited to 63% of the baseline in 2019 and 2020

• reducing to 45% of the baseline in 2021

Most of the rules for F gas and ODS will not change. However, new GB IT systems will need to be used to:

• manage new GB quotas

• report on use

EU regulations will still apply for F gas, ODS and products containing them placed on the EU and Northern Ireland market after 1 January 2021.

The Environment Agency will administer the GB system on behalf of England, Scotland and Wales, if it receives the direction of the Scottish and Welsh Governments, from 1 January 2021.

Businesses preparing for 1 January 2021 should continue to work with the Environment Agency to register on the GB system and apply for GB quotas.

Please read the entire webpage, as the above is only part of the stipulations.

Industrial Emissions (BAT) (GB from 1st Jan 2021)

Yesterday, 14 Oct, the UK government issued a short guidance note on EU BAT (Best Available Techniques) from 1st Jan 2021 – here.

This confirms the UK will no longer be part of the EU-Sevilla BATC (binding BAT Conclusions) document production process from 1st Jan 2021.

The UK government note states

it would make secondary legislation to ensure the existing BAT Conclusions continue to have effect in UK law after we leave the EU, to provide powers to adopt future BAT Conclusions in the UK and ensure the devolved administrations maintain powers to determine BAT through their regulatory regimes.

The UK government will put in place a process for determining future UK BAT Conclusions for industrial emissions. This would be developed with the devolved administrations and competent authorities across the UK. The UK government’s Clean Air Strategy for England sets out actions for determining future UK Best Available Techniques for industrial emissions.

The note makes no mention of Northern Ireland, where via the Withdrawal Agreement Ireland/Northern Ireland Protocol, the EU Industrial Emissions Directive, and the EU BATC process would stay applicable in Northern Ireland.

F-Gases and ODS (GB from 1st Jan 2021)

I posted before about F-Gases and ODS after the Transition Period.

On 8 October, DEFRA and the Environment Agency (hitherto the lead agency for the UK in this matter) issued a major update – here.

Reporting F gas activity

F gas activities must be reported each year where a person –

• produces, imports or exports one or more metric tonnes of F gas, or a quantity of F gas equivalent to 100 tonnes or more of CO2

• destroys F gas equivalent to one metric tonne or 1,000 tonnes or more of CO2

• uses F gas as feedstock equivalent to 1000 tonnes or more of CO2

• places pre-charged products and equipment containing the equivalent of 500 tonnes or more of CO2 on the market.

A person must report F gas activities from 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

HFC exports rejected at an EU border control post (BCP) – new

If HFC exports from GB to EU (and Northern Ireland) are rejected at a BCP and need to return to GB free circulation status for the goods in GB will need to be regained.

This applies to both HFCs in bulk and in products and equipment.

To regain free circulation status the HFCs must comply with clearance processes, a person must:

• have a full customs declaration

• be registered on the GB HFC registry

• have sufficient HFC quota authorisations or delegations at the time of re-entry

The Environment Agency will administer the GB HFC systems on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments, from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the HFC Registry. If the person has sufficient quota or authorisations, they will give permission for the goods to move on from the GB port of re-entry.

A person’s HFCs may not be able to re-enter GB if that person:

• is not on the HFC Registry

• does not have sufficient quota or authorisations

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned HFCs.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The HFCs may be destroyed.

Reporting ODS activity

ODS activities must be reported if a person –

• produces, imports or exports ODS

• destroys ODS

• uses ODS as feedstock or process agent

A person must report ODS activities for 1 Jan 2020 to 31 December 2020 to the European Commission by 31 March 2021. This is a Transition Period obligation.

ODS exports rejected by an EU border control post – new

If ODS exports from GB to EU (and Northern Ireland) are rejected at a EU border control post (BCP) and need to return to GB! free circulation status for the goods in GB will need to be re-attained.

To regain free circulation status the ODS must comply with clearance processes.

A person must –

• have a full customs declaration

• be registered on the GB ODS licensing system

• hold sufficient ODS quota

• have a valid ODS import licence at the time of re-entry

The Environment Agency will administer the GB ODS system on behalf of England, Scotland and Wales, subject to receiving the direction of the Scottish and Welsh Governments from 1 January 2021.

The National Clearance Hub (NCH) will check the customs declaration against the ODS licensing system.

ODS may not be able to re-enter GB if:

• the person is not on the ODS Licensing System

• the consignment does not have a valid ODS import licence

NCH will instruct Border Force to stop and detain the consignment at the border when returning from an EU BCP.

NCH or Border Force and the regulator will check the consignment and decide how to deal with the returned ODS.

The regulator is:

• Environment Agency in England

• Scottish Environmental Protection Agency in Scotland

• Natural Resources Wales in Wales

The ODS may be destroyed.