Cardinal Environment Limited COVID-19 Statement

No change is signalled for any Cardinal Environment Limited service.

The company is set up to operate resiliently in the face of social distancing, self-isolation necessities and staff illness.

Legislation tracking and system updating continues in the usual way, as does the issuing of Email Alerts and Blog posts, and the provision of Regulatory Support.

Subscribers to UK and Ireland EHS Legislation Registers & Checklists can expect their next monthly Email Alert in the usual manner at end March.

Subscribers to European and International EHS Legislation Registers & Checklists can expect their next 6 month Email Alert at their normal times.

Additional requirements asked and agreed with us, are being delivered per the agreed time-scales.

This statement is issued in accordance with the company’s Business Continuity Plan.

18th March 2020

EU Law in UK 2021 (UK Brexit)

I am being asked about 2019 dated EU Law and its application to or implementation in the UK from 1st January 2021. For example,

* 2019 amendments to the Carcinogens Directive

* 2019 Single-Use Plastics Directive

* 2019 Explosives Precursors Regulation

UK (EU Exit) Statutory Instruments (regulations) and sections of Brexit Bills make changes to the existing statute base, and adopt EU Regulations (not Directives), to enable a standalone statute base as at the end of the Transition Period. This work project can be followed in the supplied Brexit Law List and the Brexit Consolidated Law List.

From 1st January 2021, we will reflect this in the content and the changed structure of the Cardinal Environment EHS Legislation Registers & Checklists for GB systems. Retained EU Law (labelled Brexit Retained EU Law) will replace EU Law at the head of the Registers.

EU Law (applying in EU27) will still be supplied, but it will be found at the base of the Registers, below Regulatory Guidance.

The Checklists and Summaries will be adjusted.

The systems for individual EU27 countries are unaffected, obviously, their content and Register layout will stay as is.

Northern Ireland is a special case, some EU laws (covered by the Withdrawal Agreement) will continue to show at the head of the Registers (a second category labelled Withdrawal Agreement EU Law), the rest will show, as for GB Registers, at the base of the Registers. The Checklists and Summaries will be adjusted.

We are working to a deadline of 31st December 2020 for this system content and Register layout change, and the system navigation is already altered to provide for it.

From 1st January 2021, if a 2019 EU Law is mirrored in GB (Withdrawal Agreement listed Goods EU Law will be mirrored in Northern Ireland), this will be via enactment of new UK/GB Law. Such new UK/GB law will appear in the normal centre of the Registers, and be Email Alerted in the normal way.

From 1st January 2021, GB system Email Alerts will focus on UK/GB Law.

Northern Ireland system Email Alerts will include Listed Withdrawal Agreement Goods EU Law.

EU27 system Email Alerts will continue as is.

This Blog will continue to be used for heads-up, including EU Law more widely, as it is used by all subscribers.

Regulatory Support will continue to handle all enquiries, irrespective of the category of law.

EU Law in UK 2021 (UK Brexit)

Exit day is 31st January (end of this month)

Implementation period completion day is 31st December (this is the end of the transition period)

The Chancellor speaking to the Financial Times, confirms there will be no dynamic alignment with EU Law after 2020.

I am not yet clear which laws will diverge, but please note the Brexit laws allow divergence, for example the Brexit Agriculture Bill provides for England, Wales and Northern Ireland to create their own marketing standards (Scotland will need to enact its own Brexit Agriculture Bill).

The EU Exit regulations (statutory instruments) we (Cardinal Environment) are consolidating into domestic law only deal with the pre-Brexit period to end Dec 2020.

It is the FT front page today (Saturday 18th January) and the lead on BBC online.

EU Law per se will not apply anyway. Note, there may be some long tail implementation left over from pre-Brexit that will be implemented.

We (Cardinal Environment) are already consolidating the EU Exit regulations into domestic law, and creating the Retained EU Law (EU Regulations, not Directives, that are adopted). Progress in this project can be seen by clicking the Brexit Consolidated Law List on the top right hand side of EHS Legislation Registers & Checklists homepages (both ENV and OHS).

We are working to the deadline of 31st December 2020 for completion of this project.

In addition, EHS Legislation Registers & Checklists will see the home page choice of ENV or OHS have additional Post-Brexit choices, and the existing links relabelled Pre-Brexit.

The Post-Brexit links will direct to shadow Registers & Checklists that will run from the end of Q1 to hit the end Dec 2020 deadline, for switch over to Post-Brexit.

Post-Brexit shadow Registers & Checklists running in 2020 will have Brexit Consolidated Law loaded (accessibility will stay from the main Brexit Consolidated Law list), and will display a changed Register layout.

Post-Brexit EHS Legislation Registers layout – EU Law will be moved from the top to below Guidance. We will still supply up to date EU Law to UK customers, but this is where it will be found. Retained EU Law will be displayed at the top of the Register.

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.

Reminder : updated Blog Posts

I updated the Waste (EU) post with an important change. The Waste (UK) post is also updated.

Please make sure to note when I write within a post, that I will update that post.

Post updates are not notified by email, and I don’t issue posts notifying which posts I updated. So keep a record to check the post that’s of interest itself on the platform.

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.