Update on 1st Jan Registers (Our Services)

1st Jan Cardinal Environment EHS Registers & Law Checklists are rolling out, but last minute law changes on the UK aside is hampering progress.

GB (Britain, Britain Offshore, England, Wales, Scotland) ENV is rolling out first – Brexit changes :

(1) Air – F-gas and ODS regulations are back to yellow on the Brexit Consolidated Law List (due to late UK laws), having been stable hitherto, we will get these back to green shortly

(2) Energy – UK ETS law makes use of 2x 2018 EU texts and 2x 2019 EU texts, late UK document amends all 4 EU texts and UK ETS law

(3) Hazardous Substances – further UK law amends both UK REACH and GB CLP

(4) Waste – late decision to use EU waste code list (with amends) reverses earlier removal of the EU text from Registers

Late amendment to Waste Transhipment changes it to Waste International Shipment and puts it ahead of EU Transhipment, but we have completed the law consolidation

We are working to complete the roll out of the 1st Jan GB ENV Registers & Checklists by Monday – these will roll out without live links to –

* UK ETS 4x EU texts (refer to Brexit Consolidated Law List for status), but with local law updated

* UK REACH and GB CLP texts (refer to Brexit Consolidated Law List for status), but with local law updated

Any questions, please email me.

Happy New Year!

Here we go, 1st Jan 2021, and the start of the new rules for EU-UK trade.

(new 1st Jan) GB Cardinal Environment EHS Registers & Checklists (ENV) are being uploaded in alphabetical order, some have already been uploaded, uploading is taking place today, and will take a further 5-7 calendar days to complete. Any questions, please email me.

Northern Ireland Cardinal Environment EHS Registers & Checklists (ENV) will be next.

The December Email Alert will be issued on Monday 4th Jan, so look out for it in your inboxes on that day.

A couple of new items to note :

(1) the UK government issued a 31st Dec update (159 pages with worked examples) to its border model – here.

(2) the UK government issued a 3 month temporary approach to sending parcels to Northern Ireland from Britain – here.

(3) the UK government issued an unofficial list of waste codes for international shipping (note the List of Waste codes for domestic movement is found in WM3) – here.

(4) the UK government updated more of its guidance (notably data) to incorporate the EU-UK trade and cooperation agreement – the Brexit Guidance List in Cardinal Environment EHS Registers & Checklists.

(5) Stena, who manage Holyhead port, report they turned away 6 freight lorries carrying goods to Ireland so far this morning because the Ireland-required Pre-boarding Notification (PBN) had not been completed – this Blog does not focus on customs – the Irish Revenue link is here.

EU-UK trade and cooperation agreement (UK & EU)

UPDATE (2) : the legal text is also published on the EU website – here. Note the Q&A here.

UPDATE : the legal text is also published by the UK (1,246 pages) – note the page numbering is slightly different to the EU 1,256 pages (corrected to 1,236 pages) document – here.

The legal text is now circulating – it is here (1,256 pages, corrected to 1,246 pages)

Marked Page 202 has the start of the chapter on Labour and social standards

Marked Page 203 has the start of the chapter on Environment and climate

Marked Page 206 has the start of the chapter on Other instruments for trade and sustainable development

Marked Page 214 has the start of the chapter on Horizontal and institutional provisions (this chapter deals with the Panels of Experts, and rebalancing)

Note (marked Page 216) : The Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development shall monitor the follow-up to the report of the panel of experts. The domestic advisory groups of the Parties established under Article INST.7 [Domestic advisory groups] may submit observations to the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development in that regard.

The above chapters do NOT appear in the Table of Contents, they are located within Title XI (this starts on marked Page 181 of the Heading One on Trade (of Part Two).

Please read the chapters identified above.

The text envisages the UK creates its own legal acquis, and that this will be separate from the EU acquis.

Impact for Cardinal Environment EHS Legislation Registers & Checklists

GB Registers & Checklists Systems (Britain, Britain Offshore, England, Wales, Scotland) – these will be reordered,

* EU Law (applying in EU27 and EEA) will be relocated beneath Regulatory Guidance

* International Law (the UK has ratified) will be supplied first

* Retained EU Law (legal text with Brexit corrections) will be supplied next (find this Law in Brexit Consolidated Law List already supplied on systems – the coloured project list ongoing since July 2019)

* Domestic Law (legal text with Brexit corrections – the Brexit Consolidated Law List)

ENV will be first, the Brexit Consolidated Law project is finished for most ENV – we expect to hit close to 1st Jan for the new Registers & Checklists.

OHS will be supplied after Q1 of 2021 – in the meantime, the Transition Period System will display AND the Brexit Consolidated Law List AND the Brexit Guidance List.

Find the practical instructions in the rewritten Summaries and Law Checklists which will link to the Brexit Guidance List.

Northern Ireland Registers & Checklists – these will NOT be reordered, they WILL contain Brexit amended domestic law (Brexit Consolidated Law List)

Republic of Ireland Registers & Checklists – unchanged

EU27 Registers & Checklists – unchanged

Norway Registers & Checklists – unchanged

Cardinal Environment Limited (office address)

As of 5pm today, 15 June, Cardinal Environment Limited has a new office address as shown below :

International Centre for HSE Regulatory Analysis

Regus Watford

1st Floor, Building 2, Croxley Business Park

Watford, Hertfordshire

WD18 8YA, United Kingdom

[all other contact details remain the same]

An Email Alert will be sent out.

COVID-19 Restrictions Changes (UK)

In the past days, a number of UK jurisdictions have changed their Restrictions law. This is in order to relax some of the lockdown measures.

The new amendments will be loaded today into the COVID-19 Law List in Cardinal Environment EHS Legislation Registers & Checklists – the COVID-19 Law List is found on the top right accessed from the OHS topic page. [UK and Ireland systems]

As this emergency situation continues, we will be bringing forward COVID-19 Law Checklists (UK jurisdictions). I will advise nearer the time when these will be available.

‘WTO’ standards and regulations (WTO)

The WTO is the World Trade Organisation, based in Geneva, dating from 1994. Individual countries are members, and the EU, and three ‘customs territories’ of China.

This document gives a useful account of ‘trading on WTO terms’ and ‘WTO rules’ – here.

If a trade deal is not signed with the EU to take effect 1st January 2021, then the UK and the EU will trade with one another on WTO terms, the WTO rules already applying.

In the WTO, countries are free to choose the standards and regulations they adopt, with some conditions. They are encouraged to use internationally recognised standards. Or they can set their own provided they can justify the standards with scientific evidence and risk assessment. The purpose is to ensure the standards are genuine, not arbitrary or an excuse to be protectionist. [extract from the further information below link]

Further information about ‘WTO’ standards and regulations is set out – here.

We (Cardinal Environment) will (for 1st Jan 2021) add the relevant international standards and regulations to the EHS Legislation Registers & Checklists (UK systems).

UK Global Tariff (UK Brexit)

I posted before that the UK has announced its new UK Global Tariff.

These are tariffs that will apply on any products that the UK imports on a Most Favoured Nation (MFN) basis from the end of the transition period when the UK is no longer bound by the EU’s Common External Tariff. The published tariffs come after a public consultation on the subject was held in February this year.

Under the new Global Tariff, 66% of tariff lines will see some degree of change.

Tariffs on around 2,000 products have been fully eliminated, almost doubling the number of tariff-free products compared to the existing EU MFN schedule. A further 40% of tariff lines have been ‘simplified’ meaning that they have either been rounded down to the nearest standardised band, or have been converted from specific duties into simple percentages. And just under 10% of tariff lines have been converted from being expressed in € to being expressed in £ using an average exchange rate over the last 5 years. This conversion also entails some degree of simplification, as specific duties have  been rounded down to the nearest £, and for two-part duties, which include both a percentage tariff and a fixed charge, the percentage component has been rounded down to standardised bands.

My Blog does not focus on tariffs and customs, but as I explained in an earlier Blog post, we (Cardinal Environment) will be putting some staff through the UK Customs Academy training, in order to assist our customers further.

L. Alan Winters CB, Professor of Economics and Director of the UK Trade Policy Observatory; and Michael Gasiorek, Professor of Economics at the University of Sussex and Julia Magntorn Garrett, a Research Officer in Economics at the University of Sussex, (Fellows of the UK Trade Policy Observatory) have written a useful Blog on the subject.

This Blog is here. Extracts are below in italics.

The largest relative change is for stone, plaster and cement, where around 85% of tariff lines have changed to some degree, just under half of which have been fully liberalised. This is followed by processed food products, where most of the change is due to conversion of specific duties, and plastics and rubber products and chemical products where the vast majority of tariff lines have been simplified (rounded down).

The tariff changes would increase the share of imports that can be imported duty-free from countries currently trading on MFN terms. Under the Global Tariff, around 70% of the UK’s imports from ‘MFN countries’ would be duty-free compared with around 52% currently. However, the Global Tariff is far less liberal than the UK’s (now superseded) ‘No deal’ tariffs that were published in October last year, which would have seen tariffs eliminated on around 95% of imports from ‘MFN countries’.

If the UK and the EU do not reach a trade deal by the end of the transition period, the Global Tariff will apply also to imports from the EU. In this scenario, only around 44% of imports from the EU would be tariff free, compared with 100% currently. This is a higher share than if the current MFN tariff schedule was applied on EU imports, but is a much smaller share than it would have been under the ‘No deal’ tariffs.

Canada is one of the countries that did not roll over their trade deal with the EU, this writing is useful on the subject, and gives context – here.

UK-EU Future Relations (UK)

Today sees the publication by the UK of a number of trade relevant documents –

(1) the UK Global Tariff (UKGT) that will replace the EU’s Common External Tariff from 1st January 2021 – here

(2) the draft UK legal texts in the ongoing trade talks with the EU – here

The UKGT will apply to all goods imported into the UK unless:

• an exception applies, such as a relief or tariff suspension

• the goods come from countries that are part of the Generalised Scheme of Preferences

• the country imported from has a trade agreement with the UK

This Blog does not focus on Trade or Customs. Note – commencing in July 2020, we (Cardinal Environment Limited) will be putting some staff through the UK Customs Academy Level 4 qualification, this is in order to improve our services in the areas of Trade and Customs, that impinge on goods movement.

Trade talks are underway with the EU and the US.

The UK Government will announce shortly it’s proposals for how Northern Ireland based traders will benefit from the UKGT. The Withdrawal Agreement Ireland-Northern Ireland Protocol creates special arrangements for Northern Ireland. I will Blog post separately at that point.

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.