Persistent Organic Pollutants from 1st Jan (UK Brexit)

The UK has confirmed that it’s persistent organic pollutants (POPs) regulation system will continue in its current form after 1 January 2021.

The matter is presently addressed (for the EU27) by a 2019/1021 recast EU POPs Regulation that came into force in 2019. In the UK, this 2019 EU Regulation is retained as Retained EU Law, and a 2019 enacted Brexit EU Exit instrument makes the Retained EU document operate in the UK (see the Brexit Consolidated Law List in Subscribers systems).

The UK confirmation is here.

The UK notice confirms all existing obligation and protections will continue because the UK is a signatory to both the Stockholm Convention and the Convention on Long-Range Transboundary Air Pollution. These Conventions are UNECE Conventions. The UK did not leave the UNECE (UN Economic Commission for Europe).

There is no change to the UK competent authorities.

Future updates will reflect Stockholm Convention decisions and agreed scientific and technical progress, and not necessarily changes to the EU POPs Regulation if it diverges.

Accordingly, subscribers to Cardinal Environment EHS Legislation Registers and Checklists – UK systems – will have both conventions added, where POPs are included in their UK systems. This is in addition to the necessary Retained EU Law.

The list of restricted, banned and monitored substances, with the exemptions, set out in the annexes to the current EU POPs Regulation will be amended this year (2020) to reflect decisions made at the last Stockholm Convention conference.

The Environment Agency is accordingly addressing changes pertinent to Perfluorooctane sulfonate (PFOS). The EA document is here.

These changes can be expected in amendments to existing domestic law.

The UK notice confirms identification of potential new POPs substances, with the exception of pesticides, will be managed initially through the UK chemicals regulatory regime that will replace EU REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) in the UK.

The UK notice confirms if all the characteristics of a POP emerge from the evidence gathering, the UK will develop a dossier for the Stockholm Convention’s POP Review Committee to assess.

Now that the UK has left the EU, this UK POPs notice confirms further changes to UK regulation of POPs will result from the review processes set up under UNECE Conventions.

Ships Fuel Oil Sulphur (International)

From 1 January 2020, the limit for sulphur in fuel oil used on board ships operating outside designated emission control areas is reduced to 0.50% m/m (mass by mass), down from 3.50% m/m (a limit that was in effect since 1st January 2012).

The rules governing this are the regulations for the Prevention of Air Pollution from Ships (Annex VI) under the international MARPOL Convention. Annex VI seeks to control airborne emissions from ships (sulphur oxides (SOx), nitrogen oxides (NOx), ozone depleting substances (ODS), volatile organic compounds (VOC) and shipboard incineration) and their contribution to local and global air pollution, human health issues and environmental problems.

The date of 1 January 2020 was set in the regulations adopted in 2008. However, a provision was adopted, requiring IMO to review the availability of low sulphur fuel oil for use by ships, to help Member States determine whether the new lower global limit on sulphur emissions from international shipping shall come into effect on 1 January 2020 or be deferred until 1 January 2025. IMO’s Marine Environment Protection Committee (MEPC 70), in October 2016, decided that the 0.50% limit should apply from 1 January 2020.

Further information is found in this useful IMO Q&A – here.

Montreal Protocol – Kigali Amendment (International Law)

The Montreal Protocol on Substances that Deplete the Ozone Layer is a Protocol to the UNEP Vienna Convention for the Protection of the Ozone Layer. The Montreal Protocol is in force, sufficient states have ratified. In the EU bloc, the Montreal Protocol is given effect by an existing EU Regulation on Ozone Depleting Substances. In addition, a separate EU Regulation regulates Fluorinated Greenhouse Gases (F-gases).

The Kigali Amendment is specifically focussed on the global phasedown of hydrofluorocarbons (HFCs) – powerful greenhouse gases. HFCs account for 85% of present F-gas supply. UNEP has a FAQ here.

HFCs, used mainly in refrigeration, air conditioning and heat pump equipment, are thousands of times more harmful to the climate than CO2. In response to the rapid growth of HFC emissions, the 197 parties to the Montreal Protocol adopted the Kigali Amendment in 2016 to reduce gradually their global production and consumption.

The EU has been phasing down HFCs since 2015 (and has a separate EU Regulation on the matter). EU Member States are in the process of ratifying the Kigali Amendment individually.

All 197 Montreal Protocol parties agreed to take steps to gradually reduce the production and use of HFCs. The first reduction step to be taken by the EU and other developed countries is required in 2019, while most developing countries will start their phasedown in 2024.

The Kigali Amendment will enter into force on 1 January 2019.

Montreal Protocol parties continue to ratify the Amendment, which has so far been ratified by 60 parties. The parties, listed alphabetically, are: Austria, Australia, Barbados, Belgium, Benin, Bulgaria, Burkina Faso, Canada, Chile, Comoros, Costa Rica, Côte d’Ivoire, Czech Republic, Democratic People’s Republic of Korea, Ecuador, Estonia, European Union, Finland, France, Gabon, Germany, Greece, Grenada, Guinea Bissau, Hungary, Ireland, Kiribati, Lao People’s Democratic Republic, Latvia, Lithuania, Luxembourg, Malawi, Maldives, Mali, Marshall Islands, Mexico, Micronesia (Federated States of), Netherlands, Niger, Niue, Norway, Palau, Panama, Paraguay, Portugal, Rwanda, Samoa, Senegal, Slovakia, Sri Lanka, Sweden, Switzerland, Togo, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, Vanuatu.

A useful assessment of the EU F-gas regulation dating March 2018 is here.

This highlights the further changes mandated by the Kigali Amendment to implement a HFC licensing system.

BREXIT : the UK has ratified the Kigali Amendment

US : the US has not yet ratified the Kigali Amendment

China : China has not yet ratified the Kigali Amendment

A useful assessment of the US and China current state is here. (Source – here)

14 Nov 2018 Withdrawal Agreement (EU-UK Brexit)

I posted yesterday (Brexit Status) that Withdrawal Agreement text had been agreed between EU and UK negotiators. This text was agreed last night at a meeting of the UK Cabinet, and then published – here. Alongside the 14 Nov 2018 Withdrawal Agreement text, a starter for the Outline Political Declaration on the Future Relationship was also published, and a Joint Statement (in that link).

Alongside this, DExEU also published and Explainer and Explanatory Notes – here.

The EU also published a Fact Sheet on the Withdrawal Agreement (WA) text – here, and a Fact Sheet on the Protocol on Ireland and Northern Ireland (one of the 3 Protocols to the WA) – here.

The 14 Nov 2018 Withdrawal Agreement has 185 Articles, 3 Protocols, and a series of Annexes.

The objective of the Withdrawal Agreement (WA) is to put in place an orderly exit of the UK from the EU on 12 midnight CET (11pm GMT) 29 March 2019 – dealing with matters such as citizen rights, money, and a series of separation technicalities. The WA (if ratified as a Treaty) also puts in place a Transition Period (in the UK, this is termed an Implementation Phase) lasting until 31 December 2020, during which EU Law will continue to apply and trade will be unchanged.

Note :

(1) the WA text must pass through a series of gates before ratification as a Treaty. When a Treaty, it will be given effect by the EU (Withdrawal and Implementation) Bill in the UK, which itself must be created and enacted. And this new Bill will necessarily amend and rewrite parts of the already enacted EU (Withdrawal) Act 2018. It is hoped, but by no means certain, these gates can be crossed by the exit date of 29 March 2019.

(2) during the transition to 31 Dec 2020, EU Law would continue to apply to and within the UK and override domestic law. But, as the UK will be a third country, this means it will have only minimal influence on the creation and enactment of EU law in that phase.

(3) a single extension for an (at present unspecified) length of time is permitted to the Transition Phase, this extension to be agreed by 1 July 2020. A firm end date will need to be negotiated by the European Council on 25th Nov (if it takes place).

(4) a specific Protocol for handling the border between Ireland and Northern Ireland is the first of 3 Protocols in the 14 Nov 2018 WA text. This Protocol includes a detailed “backstop” to be used if the Future Relationship is not in place by the end of the transition period.

(5) the UK is a Third Country on exit on 29 March 2019, the transition period gives a further short period for transition to this Third Country status (relationship with the EU).

(6) the objective is to transition from the current EU member state status direct to the Future Relationship (Trade Agreement) status, via the Transition Period (which could be extended).

Further work is ongoing, and the WA text must pass a series of gates.

It is essential that Brexit Preparedness planning continues, and that the current Brexit Preparedness and Brexit Contingency EU and the UK Notices are read and understood. I have posted these. Please keep following this Blog for updates.

UK exits the EU (WTO goods schedules)

UPDATE (3) : objections also lodged by other countries

UPDATE (2) : objection is lodged by New Zealand – here. Earlier feedback is here.

UPDATE (1) : UK has now (end July 2018) submitted its WTO services schedules; and its GPA (procurement agreement) schedules to WTO and GPA members.

Yesterday 24th July, both the UK and the EU each filed their (goods) documents at the World Trade Organisation (WTO).

The EU said it will renegotiate its WTO trade commitments (to account for the UK exit from the 28-nation bloc) under Article 28 of GATT, a lengthy process involving the other WTO members – here.

The UK said it will make technical changes to its current WTO commitments (presently encompassed within those of the 28-nation bloc) via a 1980 procedure known as a technical rectification – here. The proposed UK Schedule referred to is here.

The WTO Press Release is here. WTO Members have three months to review the UK Schedule, and the UK Schedule is considered approved if there are no objections.

Background

The UK is already a member of the World Trade Organisation (WTO). It is one of the founder members of both the WTO and its predecessor, the 1948 General Agreement on Tariffs and Trade – the “GATT”.

As with every other member of the WTO (and if outside the EU-28 bloc that has its own schedules), the UK would require its own “schedule of concessions” for goods and “schedule of specific commitments” for services. These schedules indicate specific commitments and obligations assumed by WTO members on tariff rates and other concessions. They provide predictability concerning market access for trade and are an integral part of the WTO agreements.

UK-specific WTO schedules are underway, which, as far as possible, the UK intends, will not alter the scope of UK market access obligations either in goods (GATT) or services (GATS) schedules.

In goods, this also includes the market access currently enjoyed by trading partners under Tariff Rate Quotas (TRQs) and Aggregate Measurement of Support (AMS).

In services, it also means preparing a UK-specific Annex on Article II (Most Favoured Nation Treatment) exemptions under the GATS.

The UK intention is to have WTO schedules on the way to certification by the point of exit from the EU.

The UK Policy Paper – Trade White Paper: Preparing for our future UK trade policy – government response – here – says

Should the goods and services schedules be uncertified as we leave the EU, we do not anticipate there to be any problems – it is not uncommon for WTO members to operate on uncertified schedules for periods of time. In any case we will continue to work for as early a certification point as possible. The EU itself has not had up to date certified schedules since the EC15 enlargement in 1995.

Background reading on Services Schedules is here.