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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.
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.
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
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.
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.
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.
We will soon be loading a new public website onto www.cardinalenv.com, our oldest domain.
Here is a first look at part of the new front page.
We are shortly uploading a new public website at www.cardinalenv.com (our oldest domain).
As part of the upgrade, we will include a News Section. This will publish articles written by Dr Christine Hunter.
Here is a first glimpse of the Cardinal Environment News Section in development.
Cardinal Environment Limited's Blog 