COVID-19 EA Regulatory Position Statements (England)

I posted before about the Environment Agency’s Regulatory Position Statements (RPS), and the fact that the Agency is publishing RPS for the COVID-19 crisis.

Yesterday 21st April, the EA has issued further COVID-19 RPS. Here

You will note there are now quite a few of them.

COVID-19 Waste Management Practices (EU)

On the 14th April, the European Commission issued a document to guide EU member states in their management of waste during the COVID-19 crisis. Here

This document reiterates advice from EU-OSHA (separate blog post) on workplace management of COVID-19.

The EU waste management document spells out instructions applying in households, healthcare situations, and in waste management companies.

COVID-19 Environment Agency (England)

The Environment Agency (EA) issues Regulatory Position Statements (RPSs). These explain the situations and conditions when an environmental permit is not required.

The EA issued temporary RPSs last year in the run up to the Brexit Exit days.

The EA has now issued 3 temporary RPSs to deal with COVID-19 – here.

Two address waste issues, and one deals with water sampling.

The exceeding waste storage limits RPS is similar to the temporary Brexit RPS that was issued last year.

The full list of EA Regulatory Position Statements is – here.

COVID-19 Waste Shipment (EU)

On 16 March 2020, the Commission adopted Guidelines for border management measures to protect health and ensure the availability of goods and essential services.

On this basis, on 23 March 2020, the Commission adopted a Communication on the implementation of the Green Lanes under the Guidelines with specific recommendations designed to preserve the EU-wide operation of supply chains and ensure the functioning of the Single Market for goods, wherever internal border controls exist or have been introduced.

I blog posted about this at the time.

The European Commission issued (30th March) a Communication explicitly clarifying that the principles relating to transport of goods apply mutatis mutandis to shipments of waste.

This document is here.

Environment Bill (England & UK Brexit)

The Environment Bill returns to the Commons for Second Reading today. It is a slightly different Bill to 2019. Please reprise the posts I wrote in 2019, I summarise the changes (from those posts) below – I had got as far as Water – please find those posts in the Environment Bill category on this blog.

Targets (unchanged from 2019 Bill) – reprising because I didn’t set these out before – England only (targets are within the competencies of devolved legislatures)

– allow government to set long-term targets (of at least 15 years duration) in relation to the natural environment and people’s enjoyment of the natural environment via statutory instrument;

– require government to meet long-term targets, and to prepare remedial plans where long-term targets are not met;

– require government to set, by October 2022, at least one long-term target in each of the priority areas of air quality, water, biodiversity, and resource efficiency and waste reduction;

– require government to set and meet an air quality target for fine particulate matter in ambient air (PM2.5);

– require government to periodically review all environmental targets to assess whether meeting them would significantly improve the natural environment in England.

Note Clause 20 – Clause 20: Reports on international environmental protection legislation (this is unchanged from 2019 Bill, but I did not spell it out before) – this clause places an obligation on the Secretary of State to produce a report on significant developments in international environmental protection legislation, every two years, and lay it before Parliament. England only (competencies are within the competencies of devolved legislatures).

The scope and content of the report will be determined by the Secretary of State – see subsection (5). However, in a given reporting period it could cover: significant developments in the legislation of other countries that are mainly concerned with seeking to protect the natural environment from the effects of human activity or protecting people from the effects of human activity on the environment; legislation on the maintenance, restoration or enhancement of the natural environment; or legislative provisions around monitoring, assessing, considering and reporting and monitoring on these matters. The report will not extend to reviewing or considering the planning systems of other countries.

OEP (Office for Environmental Protection) – unchanged from 2019 Bill – see Blog posts on this – England only (establishing an OEP is within the competencies of devolved legislatures – Scotland indicated it would go this direction see its Environmental Strategy – see my post of yesterday).

Changes to UK REACH – unchanged from 2019 Bill

Waste, Air and Water appear unchanged from the 2019 Bill, and I have Blog posted before about these topics. Nonetheless, I will Blog again re Waste, because this is highly complex and a lot of new processes are announced. Please read the Explanatory Notes – here.

New Blog posts will be made about the rest of the Bill, please look out for those.

EU Single-Use Plastics Directive (UK alignment)

From 1st January 2021, the UK is outside the EU-UK Withdrawal Agreement transition period.

Northern Ireland – EU Law on goods (includes Environment) continues to apply.

Scotland – a ban on cotton buds is already in place

England – plastic straws, stirrers and cotton buds ban will come into force in April 2020

Wales – the Welsh government will consult

The EU Single-Use Plastics Directive was published in 2019, Member States have two years to implement, some aspects a bit longer – here.

The 2019 Directive mandates a reduction in the consumption of the single-use plastic products listed in Part A of the Annex, in line with the overall objectives of the EU’s waste policy, in particular waste prevention, leading to a substantial reversal of increasing consumption trends. The measures (put in place in member states) should achieve a measurable quantitative reduction in the consumption of the single-use plastic products listed in Part A of the Annex on the territory of the Member State by 2026 compared to 2022.

The 2019 Directive also mandates a ban on the placing on the market of the single-use plastic products listed in Part B of the Annex and of products made from oxo-degradable plastic.

The 2019 Directive also obliges Member States to ensure that single-use plastic products listed in Part C of the Annex that have caps and lids made of plastic may be placed on the market only if the caps and lids remain attached to the containers during the products’ intended use stage.

The 2019 Directive sets out further measures.

Environment Bill (England & UK, Brexit)

Exit day is tomorrow, the transition period will last until 31st December.

The Environment Bill (from the previous session) is being brought back today and given its First Reading in the UK Parliament.

I Blog posted already about the earlier Environment Bill (various sections). When the Bill is published I will reprise those areas that are changed, and Blog post as well on the further sections I had not covered.

To remind – the Environment Bill is an important Bill setting up the Office for Environmental Protection (England) and making further changes to UK REACH to enable it to function from 1st Jan 2021, and additionally setting out other measures (England, and some provisions for Scotland, Wales and Northern Ireland).

The government announcement last night signals :

(1) A ban on the export of plastic waste (which was in the Conservative manifesto), additional to the waste provisions in the previous Bill. Note, the waste provisions as signalled do not align with the 2019 EU Single-Use Plastics Directive.

(2) A bi-annual review of international developments in environmental law that it says will inform domestic law making.

Please look out for further Blog posts on the matter, when the Bill is published.

EU Law in UK 2021 (2) (UK Brexit)

UPDATE (24th Jan) : correction – the main combined cycle waste law was enacted in 2018, but the Single-Use Plastics Directive was enacted in 2019. The EU 2018 updates to the waste law (combined cycle) will be implemented. The Single-Use Plastics Directive will not be implemented.

EU Law enacted in 2019 with two year (or more) implementation deadlines in 2021 would not be implemented.

Exit day is 31st January (next Friday)

EU law continues to be enacted. I posted before about long tail implementation deadlines. I said in that post that the combined cycle waste law and other waste law updates enacted in 2019 with two year or minus more implementation deadlines would be implemented in the UK.

However, on 16th January, the BEIS Secretary answered as follows re the 2019 EU Copyright Directive –

The deadline for implementing the EU Copyright Directive is 7 June 2021. The United Kingdom will leave the European Union on 31 January 2020 and the Implementation Period will end on 31 December 2020. The Government has committed not to extend the Implementation Period. Therefore, the United Kingdom will not be required to implement the Directive, and the Government has no plans to do so. Any future changes to the UK copyright framework will be considered as part of the usual domestic policy process.

Please continue to follow this Blog for further updates.

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.