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. 

European Union (Withdrawal) Bill 2017-2019 (UK)

The Second Reading of this first Brexit Bill has begun in the House of Commons (as I write this, the Sec of State DExEU is on his feet introducing the Second Reading). The Bill is here.

I posted before when this was introduced at First Reading. In the intervening time, the House of Commons Library has published a useful detailed account of the Bill. This useful account is here.  UPDATE : this briefing document is not found 

Substantive changes can be expected to the current UK statute database, as a result of the implementation of this Bill. As we go forward, my intention is to corral the Brexit law in a separate place on everyone’s Registers System. Please make sure you follow this Blog, as I post how the Brexit law will affect the current UK statute database as made available in your Registers. 

This is an exhaustive and immense process, and there may be delays. Please keep following this Blog for updates.

Email Alerts will be issued when changes occur to the current law in your Registers. This Blog will advise on the Brexit law that I will make available in the separate linked place I spoke about (this will be at the top right on OHS, and ENV Registers index pages). Those who have Law Checklists : the Brexit law link will appear just below the links to the Law Checklists.

Please address any questions by email to me. 

Energy efficient products (EU)

In the European Union, many everyday products such as washing machines, refrigerators, domestic boilers and cooking appliances carry energy labels and are designed to meet minimum energy efficiency standards.

Energy labels help consumers choose energy efficient products. Hitherto, the labelling requirements for individual product groups have been created under the EU’s Energy Labelling Directive, a process managed by the European Commission. Products had been labelled on a scale of A+++ (most efficient) to G (least efficient).

In July 2017, a new Energy Labelling Regulation was published that will gradually replace the Directive. In the future, products will be labelled using a simpler A to G scale, as the development of more energy efficient products means that the lowest categories in the previous scale are no longer needed. Consumers will also have access to a database of product labels and information sheets, and defeat devices, which alter a product’s performance under test conditions, will be banned.

The new Energy Labelling Regulation is here. It is in force from 1st August 2017. As a European Regulation it is directly applicable in all member States, without necessary enactment of local law. 

Companies can create their own labels for energy efficiency using a range of labelling tools.

Ecodesign regulations require manufacturers to decrease the energy consumption of their products by establishing minimum energy efficiency standards. By setting these standards at European level, manufacturers do not have to navigate through multiple national regulations when launching their products on the market.

The ecodesign requirements for individual product groups are created under the EU’s Ecodesign Directive, process also managed by the European Commission. As an alternative, industry sectors may sign voluntary agreements to reduce the energy consumption of their products. The Commission formally recognises such agreements and monitors their implementation.
The (recast) European Directive (dating 2009) is here

It is in the UK news that energy inefficient and noisy vacuum cleaners are banned from today (1st Sept 2017), this is the date set out by the vacuum cleaner specific European Regulation made under the EU’s Ecodesign Directive. The European Regulations issued for products covered by the Ecodesign Directive are located from this link

The European ENERGY STAR Programme is a voluntary energy labelling scheme for office equipment. With the ENERGY STAR logo, consumers can easily identify energy efficient products. It covers office equipment including computers, servers, displays, imaging equipment and UPSs.

ENERGY STAR was started by the US Environment Protection Agency in 1992. The EU agreed to take part in 2001 to include office equipment not carrying an EU energy efficiency label.

Under EU law (Article 6 and Annex III (c) of Directive 2012/27/EU), central governments and EU institutions must purchase office equipment with energy efficiency levels at least equivalent to ENERGY STAR.

Vehicle type approvals (EU)

From 1st September 2017, new car models will have to pass new and more reliable emissions tests in real driving conditions. 

The EU press release is here.

Please note the EU has initiated infringement proceedings (enforcement actions) against a number of member states including the UK, for their failure to fulfill their obligations under EU vehicle type approval legislation. 

The EU press release is here.

The European Commission is also working to ensure the application of EU air quality rules. In this regard, it has launched infringement procedures against 16 Member States in breach of ambient NO2 limit values.

Plastic Microbeads in Cosmetics Ban (UK)

UPDATE 3rd August : the 2017 Regulations are now notified to the EU and to the WTO. The EU notification gives detail, and is here

A few days ago, the DEFRA Secretary of State confirmed the UK will introduce a ban on plastic microbeads in cosmetics and personal care products. Following consultation, the proposals are summarised :

(1) the ban on manufacture (England) will start 1st Jan 2018 and the ban on sale (England) will start 30th June 2018

(2) precise definitions of “microbead”, “plastic” and “rinse-off personal care product” have been developed to clearly define the scope of the ban

(3) the scope of rinse-off products will be as set out in the consultation, but DEFRA is additionally working with the Hazardous Substances Advisory Committee (HSAC) to assess the case for addressing further categories of products

(4) Trading Standards will be the regulator to manage compliance and enforcement in England

(5) enforcement in England will be carried out through a range of sanctions including variable monetary penalties, compliance notices, stop notices and enforcement undertakings

(6) the Devolved Administrations (Scotland, Wales and Northern Ireland) will consider appropriate enforcement mechanisms, regulators and timescales according to devolution settlements.

The summary of DEFRA responses is here.

Legislation is expected by the end of 2017. This is a UK initiative, and is unconnected with the EU. 

Medium Combustion Plants and Generators (UK)

The Medium Combustion Plant (European) Directive (MCPD) is an instrument targeted at reducing air pollution by bringing in emission controls for combustion plants in the 1-50MWth range. 

The MCPD was supported by the UK as it will deliver a cost-effective improvement in air quality. The Directive requires all plants in scope to be registered or permitted and sets limits on the levels of pollutants that these plants can emit according to their type, size, age, fuel type and annual operating hours. It also requires operators to test emissions from their plants to demonstrate compliance with emission limits. The MCPD must be transposed into UK law by 19 December 2017. The controls will apply to new plants from December 2018. Existing plants must comply with requirements from 2024 or 2029, depending largely on size. Full implementation will be achieved in 2030. This legislation will be implemented in the UK

The European MCPD will be added to ENV Air in the Cardinal Environment EHS Legislation Registers and Checklists.

Consultation has occurred in England, Scotland, Wales and Northern Ireland. The consultation response is published (England and Wales) here

England : the Environment Agency will be appointed as the regulator in England. For higher risk plants, where the impact on local air quality must be assessed to determine permit conditions, Local Authorities will be consulted. The Environment Agency will consult on fees and charges as part of its strategic review of charges. 

Wales : the Welsh government is considering the matter of regulatory responsibility in relation to plant in Wales.

Note

(1) not all less than 1MW plant will be permitted

(2) control will be via the Environmental Permitting regime (England and Wales), there will be no change to other legislation

NO2 Air Quality Plan (UK)

A statutory UK Plan for tackling roadside emissions of nitrogen dioxide (NO2) is published today. The documents are here.

NO2 air quality standards are set out in the following laws (implementing EU air quality standards, which give effect to World Health Organisation – WHO – air quality guidelines – found in ENV Air in the Cardinal Environment EHS Legislation Registers and Checklists) :

– The Air Quality Standards Regulations 2010

– The Air Quality Standards (Scotland) Regulations 2010

– The Air Quality Standards Regulations (Northern Ireland) 2010

– The Air Quality Standards (Wales) Regulations 2010

The UK 2017 Air Quality Plan (NO2) has the following components:

(1) there is to be a national framework setting out the steps that local authorities need to take (no details in the Plan)

(2) there is to be financial support to enable local authorities to develop and implement their plans

• £255m Implemention Fund, for feasibility studies and local plan development and delivery – £40 million immediately

• Clean Air Fund, for local authority bids for additional money to support the implementation of measures to improve air quality. This could include interventions such as improvements to local bus fleets, support for concessionary travel and more sustainable modes of transport such as cycling, or infrastructure changes. These interventions could enable local authorities to avoid the imposition of restrictions on vehicles, such as charging zones. To ensure the Fund fits the specific needs of each local area there will be a competitive process through which local authorities bid for support. Further details will be announced later in the year.

• £100 million for retrofitting and new low emission buses. As announced in the 2016 Autumn Statement, the government will provide this funding for a national programme of support for low emission buses in England and Wales, including hundreds of new low emission buses and retrofitting of thousands of older buses.

(3) local plans (produced by local authorities, local authorities already have responsibility under the Local Air Quality Management system brought in by EU law) are to be developed and implemented at pace so that air quality limits are met (presently the UK breaches air quality limits on a routine basis in some locations). Initial local plans by end March 2018. Final local plans by end December 2018. These plans will be subject to DEFRA approval, if not approved, measures will be mandated.

(4) local authorities are to consider a wide range of innovative options, exploring new technologies and seeking to support the government’s industrial strategy so that they can deliver reduced emissions in a way that best meets the needs of their communities and local businesses. 

Their plans could include a wide range of measures such as: changing road layouts at congestion and air pollution pinch points; encouraging public and private uptake of ULEVs; using innovative retrofitting technologies and new fuels; and, encouraging the use of public transport. 

If these measures are not sufficient, local plans could include access restrictions on vehicles, such as charging zones or measures to prevent certain vehicles using particular roads at particular times. However, local authorities should bear in mind such access restrictions would only be necessary for a limited period and should be lifted once legal compliance is achieved and there is no risk of legal limits being breached again.

The 2017 Plan does not suggest that any or all of these obligations will be mandatory, unless the local plans prove insufficient.

(5) a new Automated and Electric Vehicles Bill will allow the government to require the installation of charge points for electric vehicles at motorway service areas and large fuel retailers, and to make it even easier to use electric vehicle chargepoints across the UK. This drive towards cleaner technology and zero emission transport will be reinforced by both the Clean Growth Plan and the Industrial Strategy, including investment in science and innovation through the Industrial Strategy Challenge Fund.

(6) checks by the pre-existing Market Surveillance Unit will be increased to ensure that new and existing vehicles on UK roads meet the standards that they were approved to. 

Also, please note the following re medium scale combustion plants :

Medium Combustion Plants (MCPs) are widely used to generate heat for large buildings (offices, hotels, hospitals, prisons) and industrial processes, as well as for power generation, and have been largely unregulated for emissions to air. In addition, there has been rapid growth in the use of generators with high NOx emissions in Great Britain which is expected to continue. 

Modelling indicates that such generators can lead to local breaches of the statutory hourly mean limit value for NO2. 

The UK and Welsh Governments consulted on new statutory measures to reduce emissions from MCPs and generators in 2016 with a view to introducing emission controls in England and Wales from the end of 2018, to improve air quality. The response to the consultation, published on 11 July 2017, sets out the controls which will be introduced into legislation by the end of 2017.

Scotland and Northern Ireland consulted in 2016 and 2017 respectively on measures to reduce emissions from MCPs within the same timescale as England and Wales, and sought views on controlling emissions from generators.

Also, new diesel and petrol cars and vans will be banned in the UK from 2040 in a bid to tackle air pollution, the government has announced. This is a separate pledge