InTouch

Issue December 2008

NQA

NEW ISO 9001:2008 Standard

New legislation: closed

Available now at JPD Group Ltd is the new ISO 9001:2008 standard which has recently been published to replace the ISO 9001:2000 standard.

To purchase your copy call us now on: 01565-724200 and speak to our friendly advisors, alternatively visit: http://www.jpd.co.uk/courses/quality.htm

Also available: ISO 9001:2008 Update Workshop - A half day course to introduce the 2008 updates to the ISO 9000 series of standards.

Call 01565-724200 for dates and venues or view a full availability list at: http://www.jpd.co.uk/courses/qu.htm  


The Climate Change Act 2008

New legislation: closed

The Climate Change Bill was introduced into Parliament on 14 November 2007 and became law on 26th November 2008.

Two key aims underpinning the Act:

  • To improve carbon management and help the transition towards a low carbon economy in the UK; and
  • To demonstrate strong UK leadership internationally, signalling that we are committed to taking our share of responsibility for reducing global emissions in the context of developing negotiations on a post-2012 global agreement at Copenhagen next year.
Key Provisions
  • Legally binding targets: Green house gas emission reductions through action in the UK and abroad of at least 80% by 2050, and reductions in CO2 emissions of at least 26% by 2020, against a 1990 baseline. The 2020 target will be reviewed soon after Royal Assent to reflect the move to all greenhouse gases and the increase in the 2050 target to 80%.
  • A carbon budgeting system which caps emissions over five year periods, with three budgets set at a time, to set out our trajectory to 2050. The first three carbon budgets will run from 2008-12, 2013-17 and 2018-22, and must be set by 1 June 2009. The Government must report to Parliament its policies and proposals to meet the budgets as soon as practical after that.
  • The creation of the Committee on Climate Change, a new independent, expert body to advise Government on the level of carbon budgets and where cost effective savings could be made. The Committee will submit annual reports to Parliament on the UK's progress towards targets and budgets to which the Government must respond, thereby ensuring transparency and accountability on an annual basis.
  • International aviation and shipping emissions - the Government will include international aviation and shipping emissions in the Act or explain why not to Parliament by 31 December 2012. The Committee on Climate Change is required to advise the Government on the consequences of including emissions from international aviation and shipping in the Bill's targets and budgets. Projected emissions from international aviation and shipping must be taken into account in making decisions on carbon budgets.
  • Use of International credits - Government is required to "have regard to the need for UK domestic action on climate change" when considering how to meet the UK's targets and carbon budgets. The independent Committee on Climate Change has a duty to advise on the appropriate balance between action at domestic, European and international level, for each carbon budget. The Government also amended the Bill in its final stages to require a limit to be set on the purchase of credits for each budgetary period, by secondary legislation requiring debate in both Houses of Parliament, and taking into account the Committee's advice.
  • Further measures to reduce emissions include powers to introduce domestic emissions trading schemes more quickly and easily through secondary legislation; measures on biofuels; powers to introduce pilot financial incentive schemes in England for household waste; powers to require a minimum charge for single-use carrier bags (excluding Scotland).
  • A requirement for the Government to issue guidance next year on the way companies should report their greenhouse gas emissions, and to review the contribution reporting could make to emissions reductions by 1st December 2010. Requirement also that the Government must, by 6th April 2012, use powers under the Companies Act to mandate reporting, or explain to Parliament why it has not done so.
  • New powers to support the creation of a Community Energy Savings Programme, as announced by the Prime Minister on 11 September 2008 (by extending the existing Carbon Emissions Reduction Target scheme to electricity generators).
  • New requirement for annual publication of a report on the efficiency and sustainability of the Government estate.

The full text of the Act can be accessed from: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080027_en_1

Further information is available from: http://www.defra.gov.uk/environment/climatechange/uk/legislation/provisions.htm

Source: http://www.opsi.gov.uk/  (accessed 28/11/08)


The Energy Act 2008

New legislation: closed

The Energy Act became law on 26th November 2008.

The Act makes provisions relating to:

  • Gas importation and storage;
  • electricity generated from renewable sources;
  • electricity transmission;
  • payments to small-scale generators of low-carbon electricity;
  • the decommissioning of energy installations and wells;
  • the management and disposal of waste produced during the operation of nuclear installations
  • to petroleum licences;
  • third party access to oil and gas infrastructure and modifications of pipelines;
  • reports relating to energy matters;
  • the duties of the Gas and Electricity Markets Authority;
  • payments in respect of the renewable generation of heat;
  • gas meters and electricity meters and provision relating to electricity safety;
  • the security of equipment, software and information relating to nuclear matters; and for connected purposes.

The Act will ensure that UK's primary legislation is appropriate for today's energy market and fit for the challenges we face. It will put in place new legislation to reflect the availability of new technologies (such as Carbon Capture and Storage, emerging renewable technologies and smart meters); respond to changing requirements for security of supply infrastructure (such as offshore gas storage); and ensure adequate protections for the environment and the tax payer as the energy market changes. The full text of the Act can be accessed from: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080032_en_1

Further information is available from: http://nds.coi.gov.uk/environment/fullDetail.asp?ReleaseID=385627&NewsAreaID=2&NavigatedFromDepartment=False

Source: http://www.opsi.gov.uk/  (accessed 28/11/08)


The Planning and Energy Act 2008

New legislation: closed

The Planning and Energy Act was published 14 November 2008 and it extends to England and Wales.

The Act enables local planning authorities to set requirements for energy use and energy efficiency in local plans and it allows local councils to set reasonable requirements in their development plan documents for:

  1. a proportion of energy used in development in their area to be energy from renewable sources in the locality of the development;
  2. a proportion of energy used in development in their area to be low-carbon energy from sources in the locality of the development;
  3. development in their area to comply with energy-efficiency standards that exceed the energy requirements of building regulations.

The full text of the Act can be accessed from: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080021_en_1

Source: http://www.opsi.gov.uk/  (accessed 28/11/08)


Waste Framework Directive Published

New legislation: closed

The revised Waste Framework Directive was published in the Official Journal of the European Union (OJEU) on 19 November 2008. The revised Directive must be transposed into UK law by 12 December 2010. The Directive aims to set a framework for waste management in the EU, promoting both reuse and recycling, including energy recovery as a recovery activity within a revised waste management hierarchy and dealing with 'end of waste' classification.

The full text of the Directive can be accessed from: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:EN:PDF

Source: http://www.eur-lrx.europa.eu/ (accessed 28/11/08)


Consultation on the scope of the proposed 6-year review of Process Guidance Notes for Part B Installations

New legislation: closed

This consultation was issued jointly by the UK Government, the Welsh Assembly Government and the Scottish Government. Defra, together with the Welsh Assembly Government and the Scottish Government, issue guidance on the air pollution control standards which reflect Best Available Techniques (BAT) for those installations regulated by local authorities (and the Scottish Environment Protection Agency, in Scotland) under the Environmental Permitting Regulations (EPR). The control regime is generally referred to either as Local Authority Pollution Prevention and Control (LAPPC) or as the regulation of "Part B" installations. Process guidance notes are reviewed periodically to ensure that they remain relevant and up-to-date. This consultation seeks views of all stakeholders - regulators, regulated business, environmental groups, and any other interested parties on how the next review should be conducted and what it should cover. It is proposed to undertake the review of all 80 process guidance notes between 2009 and 2011. The consultation closes on 6 February 2009. The Consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/sixyear-review/consultation.pdf

Further information is available from: http://www.defra.gov.uk/corporate/consult/sixyear-review/index.htm

Source: http://www.defra.gov.uk/  (accessed 27/11/08)


Consultation on Better Regulation Review of Part B Activities

New legislation: closed

In 2005 Defra, the Welsh Assembly Government and Scottish Government initiated a better regulation review of future regulation of those Part B (LAPPC-regulated) installations for which there is no direct obligation under an EU Directive for operators to obtain a pollution permit for their installation.  A first consultation was published in 2006.This second consultation contains proposals for regulatory changes having regard to the responses to the first consultation, information obtained since then, and subsequent informal consultations with key stakeholders.  The consultation includes a consultation stage Impact Assessment detailing the analysis undertaken to determine which regulatory options best achieve the better regulation and policy aims. The consultation closes on 6 February 2009.

The Consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/brr-partb-activities/consultation.pdf

 Further information is available from: http://www.defra.gov.uk/corporate/consult/brr-partb-activities/index.htm

Source: http://www.defra.gov.uk/  (accessed 27/11/08)


Consultation on proposed amendments to the Hazardous Waste (England and Wales) Regulations 2005

New legislation: closed

The Hazardous Waste Regulations transpose the requirements of the EC's Hazardous Waste Directive (91/689/EEC) and set out requirements for the controlled management of hazardous waste from the point of production to the final point of disposal or recovery. The Regulations came into force in July 2005 and are working well. However, in the light of operational experience Defra is now proposing a few relatively minor amendments to minimise the burden on operators and to further clarify the intention of certain parts of the Regulations.The main change proposed is a widening of the existing exemption from the requirement to notify premises producing hazardous waste to the Environment Agency. Under the 2005 Regulations certain specified low risk premises have been exempt from the notification requirement if they produce less than 200kg of hazardous waste per year. Defra is now proposing to extend this exemption to all premises that produce less than 500kg in a year and estimate that around 72,600 producers of hazardous waste will benefit from this change. The consultation closes on 6 February 2009. The Consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/hazardous-wasteregs/consultation.pdf

Further information is available from: http://www.defra.gov.uk/corporate/consult/hazardous-wasteregs/index.htm

Source: http://www.defra.gov.uk/  (accessed 27/11/08)


REACH pre-registration ending 01/12/2008

New legislation: closed

Pre-registration took place from the 1 June 2008 to 1 December 2008 and it allowed companies to benefit from extended registration deadlines.

For so-called 'phase-in substances', REACH provides for a phase-in scheme with staggered registration deadlines depending on the tonnage band and hazards of the substance:

  • 30 November 2010; or
  • 31 May 2013; or
  • 31 May 2018;

If a company missed pre-registration for a substance they will not be able to benefit from transitional periods. In this case they will have to submit a registration dossier for that substance before they can continue manufacturing or importing it in 1 tonne or more per year after 2008.

Pre-registration meant informing the European Chemicals Agency (ECHA) of:

  • The name of the substance as specified in section 2 of REACH Annex VI, this includes CAS, EINECS or other identification codes
  • Name and address of the contact person or representative
  • Envisaged deadline for the registration and the tonnage band
  • Identifier information of any structurally similar chemical which you may wish to rely on to provide useful evidence on hazards as part of your registration package

Once pre-registered the European Chemicals Agency will identify who is intending to register the same substance and put them in contact with each other. The potential registrants can then come together and form a 'Substance Information Exchange Forum' (SIEF) where they can negotiate sharing their available data and the costs of generating any new data. The ECHA will publish a list of pre-registered substances on its website by the 1 January 2009. This means that a company can check if the substance that they use has been pre-registered. However, the list will only comprise the names of the substances, EINECS and CAS identification codes and the registration deadline; it will notcontain any details on who actually pre-registered the substance. If the substance you use is not on the list, you should notify the ECHA of your interest in this substance - giving your contact details and those of your current supplier. The Agency will then 'advertise' on their website for a registrant for the particular substance. If anyone comes forward to take on the responsibility they will be provided with your contact details as the downstream user of the substance. The full text of the Regulation can be accessed from: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:396:0001:0849:EN:PDF

Further information is available from: http://echa.europa.eu/home_en.asp and http://www.hse.gov.uk/reach/preregistration.htm

Source: http://www.echa.europe.eu/  (accessed 01/12/08)

Globally Harmonised System of Classification & Labelling of Chemicals

New legislation: closed

The European Council and European Parliament have reached an informal agreement on the text of a Regulation to implement the United Nations Globally Harmonised System for the Classification and Labelling of Chemicals (GHS) in the EU.  On 3 September 2008 a large majority of the European Parliament supported the "compromise package" for a new Regulation ("CLP Regulation") on classification, labelling and packaging of substances and mixtures which seeks to align existing EU legislation to the United Nations Globally Harmonised System (GHS). The next step in the co-decision process will be the final adoption of the CLP Regulation and the two related acts in Council. Publication of the adopted acts in the Official Journal is foreseen for late 2008.The GHS aims to provide world-wide harmonised criteria for classifying substances and mixtures according to their health, environmental and physical hazards; and world-wide harmonised hazard communication elements, including requirements for labelling and data safety sheets. This will be a direct acting EU regulation which, once adopted, will apply in member states. The CLP Regulation will, after a transitional period, replace the current rules on classification, labelling and packaging of substances (Directive 67/548/EEC) and mixtures (Directive 1999/45/EC). After entry into force, the deadline for substance classification according to the new rules will be 1 December 2010 and for mixtures 1 June 2015.

 Further information is available from: http://www.hse.gov.uk/ghs/index.htm and http://ec.europa.eu/enterprise/reach/ghs_legislation_en.htm

Source: http://www.hse.co.uk/  (accessed 27/11/08)


A consultation invitation from the HSE Board

New legislation: closed

HSE is running a three month consultation process on new strategy and they are calling on all partners to take part. The strategy identifies goals in the following key areas:

  • the need for strong leadership;
  • building competence;
  • involving the workforce;
  • creating healthier, safer workplaces;
  • customising support for SMEs;
  • avoiding catastrophe;and
  • taking a wider perspective.

The strategy also identifies a goal for HSE and Local Authorities in an area of work unique to them - investigation and securing justice. The consultation ends on 2 March 2009.

The Consultation document can be accessed from: http://www.hse.gov.uk/strategy/strategyweb.pdf

Source: http://www.hse.co.uk/  (accessed 04/12/08)


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