Updated Aerosol Dispenser Regulations

The Aerosol Dispensers Regulations 2009 were made on 21 October with the intent of implementing Commission Directive 2008/47/EC which replaced the The Aerosol Dispensers Directive 75/324/EEC, introduced nearly 35 years ago to improve the safety of aerosol dispensers, last year .

The new Regulations aim to protect public health by requiring aerosol dispensers to meet certain safety standards. They will also encourage the use of safer, more environmentally friendly compressed gasses through changes to the maximum filling pressure, enabling industry to more fully utilise the potential of propellants such as nitrogen or air.

The full text of the Regulations can be found here.

ISSUE : November 2009

Consultation on the enforcement of REACH in the UK

Defra, with the Department for Business, Enterprise and Regulatory Reform (BERR) and the Devolved Administrations for Scotland, Wales and Northern Ireland is consulting on the draft Regulations and administrative arrangements for the enforcement in the UK of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).The aim of the REACH Regulation is to ensure a high level of protection from hazardous substances for the environment and human health, whilst stimulating innovation and competitiveness in the chemical industry. The focus of the consultation is on the draft REACH Regulations and the arrangements for their proposed enforcement in the UK. It sets out how the Government proposes to meet the enforcement requirement while ensuring that the burdens imposed on businesses and the regulators are no greater than is strictly necessary. The consultation will close on 25 August 2008.

Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/reach-enforce/index.htm Source: http://www.defra.gov.uk/  (accessed 04/06/08)

ISSUE : June 2008

'Slash Training at Your Peril' Warn Business Bosses

A coalition of the UK's most senior businessmen and union leaders today took the unprecedented step of calling on UK employers not to slash staff training in a bid to cut costs as the economic downturn bites.In an open letter published in national newspapers today (Thursday), some of the UK's top business people including Sir Mike Rake, Chairman of BT group and the UK Commission for Employment and Skills, Sir Stuart Rose, Chairman of Marks & Spencer and Business in the Community, Mervyn Davies, Chairman of Standard Chartered plc and Richard Lambert, Director General of the CBI, together with Brendan Barber, General Secretary of the TUC, urge employers to sustain or even increase their investment in training, saying: "Now is precisely the time to keep investing in the skills and talents of our people. It is the people we employ who will get us through. When markets are shrinking and order books falling, it is their commitment, productivity and ability to add value that will keep us competitive. Investing now in building new skills will put us in the strongest position as the economy recovers."

The call to action comes on the same day as the government announced a streamlined package of business support products, 'Solutions for Business', that will make it easier for companies to access government help with key business issues, including skills. And tomorrow, the government is expected to announce its commitment to dramatically reduce the complexity of the skills system in England, making it easier for employers to get their workforces the skills they need. The " Simplification of Skills in England" plan, developed by the UK Commission for Employment and Skills, is launched today, and will be presented to leading business people tomorrow (Friday) at a high-level event at the CBI. It aims to make publicly funded training provision more flexible and responsive to business needs by providing employers with one point of contact - a single team of brokers - who will advise on the business and training support solutions best suited to their businesses.

A new web-based tool will complement the work of the brokers. Through it, employers will be able to create a bespoke skills development plan for their organisation and find out quickly and easily what's available to meet their needs from within the education, skills and employment network. John Denham, Secretary of State for Innovation, Universities and Skills, said today: "I am delighted that the UKCES have taken this initiative. It sends out a very strong message to British companies about surviving the economic downturn and it is all the more powerful coming from some of our most respected business and union leaders. We know that companies that carry on investing in training their staff do better when the economy starts to pick up again. That's why I announced government support of £350 million for SMEs wanting to train their staff." Peter Mandelson, Secretary of State for Business, Enterprise and Regulatory Reform, said "During these difficult times many businesses will look at how to rein in costs.

Evidence though shows, that those that invest in training, are less likely to fail. And first class workplace skills will be key to prospering when the economy turns up. I know people face tough decisions, but I would urge businesses to invest in skills and training to ensure that they are well placed to take advantage of the opportunities when global economic conditions improve." Sir Mike Rake, chairman of the UK Commission for Employment and Skills and BT plc added: "This is no time to have a skills system which is extremely complex and difficult for employers to get round. Equally, we want to say to employers: 'You cannot afford to miss the opportunity to develop the skills of your workforce when the offer from public providers is being made even simpler, more flexible and more responsive'." In offering his endorsement and support, the TUC General Secretary, Brendan Barber, said: "Employers are under more pressure now than they've ever been. Cutting staff training can seem like a quick fix, but it's not the solution. Research* shows that companies who don't invest in training are 2½ times more likely to fail than those that do." Chris Humphries CBE, Chief Executive of the UK Commission, said employers were "crying out for" a simpler and more integrated skills system, which was why it was a top priority for the UK Commission. He added that the Commission's plans to streamline the system had received a warm welcome from government and industry leaders alike, and that the plans could be implemented within a year.

The open letter to employers will appear in newspapers including the Times, the Daily Telegraph, the FT, the Guardian and the Daily Mail on Thursday 23 October.  Its signatories are:  - Sir Michael Rake, Chairman of the UK Commission for Employment and Skills and BT group plc;  - Mervyn Davies CBE, Chairman of Standard Chartered;  - Richard Lambert, Director General of the Confederation of British Industry;  - Sir Stuart Rose, Chairman of Business in the Community and Executive Chairman of Marks & Spencer;  - Brendan Barber, General Secretary of the Trades Union Congress. *Training and Establishment Survival, SSDA, March 2007, found that more than one in four non-training establishments (27%) closed for business over the 1998-2004 period, while only about one in nine training establishments (11%) closed down. 

Copies of the full report are available at http://www.ukces.org.uk/Default.aspx?page=4639

Reference:  UK Commission for Employment and Skills http://www.ukces.org.uk/Default.aspx?page=4659 accessed 23/10/2008

ISSUE : October 2008

Chancellor launched a major review of business health and safety laws.

On the 27th November 2007 the Chancellor Alistair Darling launched a major review of business health and safety laws. The review, announced in a speech at the Confederation of British Industry, will ask employers, workers and experts for their views on how the health and safety system can be revamped, focussing on small and low risk businesses. Many small employers have limited resources, find it difficult to work out what broad health and safety duties mean for their workplace and are unsure of when to take advice and from whom. The review by the Department for Business and Enterprise will look at how government can make it easier for these businesses to follow health and safety laws and prevent their workers getting ill or injured. It will also examine how to improve public confidence in the health and safety system.

Further information is available from: http://www.wired-gov.net/wg/wg-wlabel-dti.nsf/wfArticle?ReadForm&unid=23E2391312EE5740802573A000550337 Source: www.wired-gov.net (accessed 03/12/07)

ISSUE : January 2008

Environmental Permitting Regulations

On the 13th December 2007, following four consultations (reported on in previous issues of in Touch), The Environmental Permitting (England and Wales) Regulations 2007 (SI 2007 No. 3538) were made in parliament and come into force on the 6th April 2008. The Environmental Permitting (EP) Regulations introduce a single environmental permitting and compliance regime to apply in England and Wales. This regime streamlines and combines Waste Management Licensing (WML) and Pollution Prevention and Control (PPC) to create a single environmental permit with a common approach to permit applications, maintenance, surrender and enforcement. Environmental Permitting reduces the administrative burden of regulation on industry and regulators without compromising the environmental and human health standards previously delivered by the previous separate regimes. For operators who currently have a WML or a PPC permit, all WMLs and PPC permits will automatically become environmental permits when the EP Regulations come into force. No fresh applications will be required from the holders of licences or PPC permits. For operators who have outstanding WML and PPC permit applications, these will automatically become environmental permits if the application is granted. The operator of a new facility will need to obtain a permit, or a waste exemption, before they can lawfully operate. For the PPC sector there will be very little change to operations. The new regime will look and feel much like the PPC regime. EP will, however, benefit those operators who have both PPC and WML permitted activities. If operators choose (and the Regulators agree) these permits can be combined into a single permit, so simplifying administration for operators and the Regulator. For the waste sector the new regime brings increased flexibility, allowing an operator to:

• transfer or surrender their environmental permit partially or completely § extend the licensed area of their site by variation
• more simply change the terms of their environmental permit as activities change or new activities are started
• Demonstrate technical competence through a scheme approved by Defra and the Welsh Assembly Government 
•  apply for a standard permit
• consolidate a number of WML and PPC permits on the same site into one environmental permit.

One of the most important changes in the new regime will be the introduction of standard rules and standard permits. Under the EP Regulations, standard permits will be available from the Environment Agency. A standard permit is a permit with only one condition. The condition refers to a fixed package of rules to which a standard permit holder needs to adhere. These rules are called standard rules. These cover a number of low to medium risk activities that currently require a waste management licence, such as waste transfer stations and civic amenity sites. Standard rules define how the operator must carry out the activity, for example by limiting the types of waste that can be brought onto the site. If an operator wishes to carry out one of the activities covered and believe that they can comply with the standard rules, then they can apply for a standard permit. This will be cheaper and quicker than applying for a bespoke permit, which will require more detailed assessment.

The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/uksi_20073538_en_1

Further information on Environmental Permitting is available from: http://www.defra.gov.uk/environment/epp/index.htm Sources: www.opsi.gov.uk and www.defra.gov.uk (accessed 02/01/08)

ISSUE : January 2008

Corporate Manslaughter

Business owners are being urged to review their health and safety procedures ahead of the Corporate Manslaughter and Corporate Homicide Act 2007 which received royal accent on the 26th of July 2007 and is due to come into effect on the 6th of April 2008. Under the new offence, companies and organisations can be found liable for a work-related death if actions at a senior level amount to gross breach of a duty of care to the deceased following a systemic failure to manage safety within the business. The legislation removes the need to find an individual responsible, making it easier to convict a business. David Webb, Health and Safety Manager for JPD, advises Directors to evaluate their companies current Health and Safety management system themselves.

Involvement from the top level of an organisation will demonstrate that health and safety is a high priority for the business. It will also help ensure that practices are implemented correctly?, he said.

As a market leader in Health and Safety courses we are offering the following public courses:

For futher information regarding our vast range of training course visit us at www.jpd.co.uk or contact a member of our friendly team on 01565 724200. Relevant Training available: http://www.jpd.co.uk/intouch/2008/05/14/new-course-corporate-manslaughter-the-new-act-and-the-practical-implications-for-strategic-safety-management/

ISSUE : January 2008

New rules for the export of recyclable waste

New rules affecting the export of waste for recycling such as paper, cardboard and certain types of plastic and metal come into force on July 12. The new rules set out by the European Commission mainly affect businesses which export what is known as "green list" waste. Green list is used to describe the clean single types of waste that pose little risk to the environment and can be legitimately exported to countries that want them for recycling. Millions of tonnes of recyclable materials are shipped overseas every year. This is a legitimate and growing trade for these types of waste which are viewed as valuable resources in many countries. From 12 July it will be the responsibility of recyclable waste exporters to check that the country they are exporting to is happy to receive the recyclable waste and if so, under what conditions. The new rules are complex and the Environment Agency are providing clear, simple guidance to the many Green List waste exporters and shipping companies who will be affected by the new regulations. "We are aware that some countries haven yet confirmed to the Commission what waste they will accept after 12 July. However, we are working with Government, exporters and shipping brokers to make sure that legitimate green list waste can continue to be exported to countries who still want it.

 Under existing rules many types of low hazard waste can be freely exported to many countries to be recycled under what are known as "Green List" regulations. After the 12 July the Green list regulations are changing. Businesses will need to check if the waste they are planning to export is: - Prohibited - Notifiable - proposed movement of waste must be pre-notified to the relevant authorities in all concerned countries and prior written permission obtained before the waste is moved. - Green List - proposed movements don need to be pre-notified and don need prior permission before going ahead but do need to comply with specified information and contract requirements. Some of the rules coming in on the 12 July also affect businesses that import or export hazardous waste, or ship non-hazardous wastes to non-OECD countries. Notification controls apply in these situations, which means applying to the Environment Agency with the relevant fee and putting a financial guarantee in place to make sure enough money is available to deal with the waste if things go wrong, including the cost of returning the waste to the UK. Source www.environment-agency.gov.uk (accessed 01/08/07) Want to manage your waste? JPD can provide either public venues or an in house course for Waste Management.

 For further information see our website or contact a member of our team on 01565 724200

ISSUE : September 2007

Consultation on the implementation of a European Pollutant Release Register

Since 2001, the European Commission has collected data on mass emissions from all Integrated Pollution Prevention and Control (IPPC) Directive installations, and published a collation and analysis of the data in the form of the European Pollutant Emission Register (EPER). The purpose is to make available information for the public and regulators, and to have data for assessing compliance with EU and international obligations. Under this system, the UK provided the necessary emissions data through the pollution inventories for England and Wales, Scotland, Northern Ireland, and Department for Business, Enterprise and Regulatory Reform (BERR) regulated offshore oil and gas installations, as well as estimations made by the Defra on behalf of local authority regulated IPPC installations in England and Wales. For the reporting year 2007 onwards, the EPER is replaced by the E-PRTR Regulation, and with this transition comes a number of new reporting requirements. Most notably, data is required for several new industry sectors that fall outside the scope of the UK’s existing pollution inventories. At the same time, as a signatory state to the Pollutant Release and Transfer Register (E-PRTR) PRTR Protocol, the UK is required to establish a national PRTR, as opposed to the separate inventories that currently exist.

This consultation document sets out and seeks views on proposals for extending the UK’s current PRTR capabilities in these and other ways. It does not however address the implementation of the E-PRTR Regulation in Scotland. This will be consulted on separately by the Scottish Executive.

It is expected that the two consultations will run in parallel. Responses should be received no later than Wednesday, 24 October 2007. See: http://www.defra.gov.uk/corporate/consult/prtr-reg-implement/index.htm Source www.defra.gov.uk (accessed 01/08/07)

ISSUE : September 2007

Consultation on LA-IPPC Ceramics Sector Guidance

The Department of Food, Environment and Rural Affairs has issued the final consultation of Sector Guidance Note (SG) 7 for A2 activities in the ceramics sector. This is the fifth of the 2-year reviews? of all the sector guidance notes for the local authority IPPC-regime. The 2-year review programme is to reinforce the guidance on non-air matters, which were given limited coverage in the original published notes. It should be noted that this review of the guidance did not examine the air emission limits. The revised guidance will be issued under regulation 37 of the Pollution Prevention and Control (England and Wales) Regulations 2000. Defra and the Welsh Assembly Government are carrying out this consultation exercise jointly. The closing date of this consultation is 29 June 2007.

For further information, visit: http://www.defra.gov.uk/corporate/consult/sgnote-ceramics/index.htm

Source: www.defra.gov.uk (accessed 08/06/07)

ISSUE : August 2007

Amendment to Controls on Dangerous Substances Regulations

The Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1596), were laid before Parliament 6th June and enter into force on 30th June. Amendments relate to the use of arsenic compounds. Arsenic compounds may not be used as substances and constituents of preparations intended for use : (a) to prevent the fouling by micro-organisms, plants or animals of: - the hulls of boats, - cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, - any totally or partly submerged appliances or equipment; or (b) in the preservation of wood. Furthermore, wood so treated may not be placed on the market. However, derogation is in place relating to the substances and preparations in the preservation of wood. These may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of copper, chromium; arsenic (CCA) type C. Wood so treated may not be placed on the market before fixation of the preservative is completed.

These Regulations substitute a new Schedule 1 to the Controls on Dangerous Substances and Preparations Regulations 2006 (S.I. 2006/3311)("the 2006 Regulations"). In that Schedule, point 20 (arsenic compounds) is amended to give effect to Commission Directive 2006/139/EC (OJ L384, 29.12.2006, p.94). That Directive amends the restrictions set out in Annex I of Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L262, 27.9.1976, p.201).

The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20071596.htm Source: www.opsi.gov.uk (accessed 09/07/07)

ISSUE : August 2007

Amendment to PPC Regulations for Northern Ireland

The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2007 (Statutory Rule 2007 No. 245) was made on 18th April and enters into force on 20th May 2007. These Regulations amend the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (the "PPC Regulations"). Regulation 2(2) amends Part A of Section 1.1 (Combustion Activities) of Part 1 of Schedule 1 to identify the circumstances in which fuel that comprises waste gases from landfill can be burnt by combustion appliances with an aggregated rated thermal input of 3 megawatts or more, but less than 50 megawatts, without requiring a combustion activity permit under the PPC Regulations. Regulation 2(3) amends Part C of Section 1.2 (Gasification, Liquefaction and Refining Activities) of Part 1 of Schedule 1 to the PPC Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations. Regulation 2(4) amends Section 5.1 (Incineration and Co-incineration of Waste) of Part 1 of Schedule 1 to the PPC Regulations by clarifying that incineration incidentally in the course of burning of landfill gas is not subject to permitting under the PPC Regulations. Regulation 2(5) amends Schedule 3 (Prescribed Date and Transitional Arrangements) to exempt certain operators of coin operated dry cleaning machines who choose not to make an application for a permit before 31st October 2006 from the permit requirements of the Solvent Emissions Directive 1999/13/EC on the basis that they agree to cease carrying out operations that fall within the scope of that Directive at the installation before the 31st October 2007. It also inserts a new Part 5 to Schedule 3 relating to refuelling installations with regard to regulation 2(3).

The full text of the Order is available from: http://www.opsi.gov.uk/sr/sr2007/20070245.htm Source: www.opsi.gov.uk (accessed 03/05/07)

ISSUE : June 2007

Consultation on Draft Climate Change Bill

The UK Government is bringing forward proposals for a Climate Change Bill, aimed at addressing both the causes and consequences of climate change. The Bill will introduce a long-term framework for the UK to achieve its goals of reducing carbon dioxide emissions and ensure steps are taken towards adapting to the impacts of climate change. Defra is seeking views on all parts of the consultation document, and in particular to the specific questions posed throughout Section 5 of the consultation document and the partial Regulatory Impact Assessment. The questions amongst other things, seek the opinions on the proposed legally binding targets.

The closing date for responses is 12 June 2007. Further information is available from: http://www.defra.gov.uk/corporate/consult/climatechange-bill/index.htm

Source: www.defra.gov.uk (accessed 03/04/07)

ISSUE : May 2007

Amendment to WEEE Regulations

The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) (Amendment) Regulations 2007 (SI 2007 No. 1085) were made on 28th March and enter into force on 25th April 2007. These Regulations amend the transitional charges provision in paragraph 4 of Schedule 2 to the Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006 ("the 2006 Regulations"). Paragraph 4 of Schedule 2 to the 2006 Regulations provides for establishments or undertakings that notify an exempt activity falling within paragraph 49 of Schedule 3 to the Waste Management Licensing Regulations 1994 to pay an initial registration fee of £265 and a renewal registration fee of £265. The effect of the amendment is to increase the initial registration fee to £495.

The renewal registration fee of £265 is unchanged. The full text is available from: www.opsi.gov.uk Source: www.opsi.gov.uk (accessed 03/04/07)

ISSUE : May 2007

Consultation on the Enforcement of REACH in the UK

This consultation is being carried out by Defra together with the devolved administrations for Scotland, Wales and Northern Ireland. Views are sought on proposals for the UK enforcement of the new EU Regulation on chemicals REACH (Registration, Evaluation and Authorisation of Chemicals). The European Union has recently adopted a new system to control the risks which chemicals may pose to human health and the environment. The REACH Regulation will form the EU’s framework legislation for the management, control and use of chemicals, replacing much of the current patchwork of over 40 separate pieces of legislation over a phase-in period. REACH will be introduced progressively, from June 2007 to 2018. In summary, manufacturers, importers, distributors and professional users who market or use chemicals must ensure those chemicals are registered with the new European Chemicals Agency in Helsinki, which will oversee the operation of REACH throughout the EU. Before a chemical can be registered, the applicant must provide information about the characteristics and hazards, if any, associated with that chemical. The Regulation also requires information about the risks associated with chemicals to be set out and provided to users in ‘safety data sheets’.

Those chemicals which pose a serious hazard may be banned (i.e. restricted?), or may be used only following the grant of a specific authorisation?. REACH will therefore apply not only to chemical manufacturers or suppliers, but to any business which uses chemicals - so a wide range of businesses will need to take account of REACH and may be affected by the enforcement arrangements proposed in this consultation document. The closing date for comments on this consultation is 4 June 2007.

For further information, visit: http://www.defra.gov.uk/corporate/consult/reach-enforce/index.htm Source: www.defra.gov.uk (accessed 03/04/07)

ISSUE : May 2007

Amendment to Waste Controls in Northern Ireland

The Waste (Amendment) (Northern Ireland) Order 2007 (SI 2007/611 or N.I. 3), made 6th March, makes miscellaneous amendments to the Waste and Contaminated Land (Northern Ireland) Order 1997. The Order enters into effect as decided by the Department of Environment Northern Ireland (DoENI), via separately issued Orders, and includes the following:

• Offences relating to the deposit and disposal of waste;
• Waste collection and disposal provisions including fixed penalty notices for offences relating to waste receptacles and powers to require the owner of land to remove waste;
• Provisions relating to the transport of waste, including registration requirements and enforcement powers;
• Enables DoENI to produce regulations requiring the preparation of site waste management plans for the management and disposal of waste created in construction and demolition works.

The full text of the Order is available from: http://www.opsi.gov.uk/si/si2007/20070611.htm Source: www.opsi.gov.uk (accessed 03/04/07)

ISSUE : May 2007

Amendment to PPC Regulations

Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007 (SI 2007/713) were published 9th March and enter into force 6th April. Regulation 2 amends Part A(1) of Section 1.1 (combustion activities) of Part 1 of Schedule 1 by excluding waste gases produced by biological degradation in a landfill that does not require a permit under the 2000 Regulations from the definition of fuel? in paragraph (b)(iii). A landfill gas engine appliance with a rated thermal input of 3 megawatts or more, but less than 50 megawatts, which burns such fuel will not require a permit under the 2000 Regulations.

The full text of the amendment is available from: http://www.opsi.gov.uk/si/si2007/20070713.htm Source: www.opsi.gov.uk (accessed 03/04/07)

ISSUE : May 2007

Reminder on Asbestos Regulations

The Health and Safety Executive (HSE) has issued a reminder to those working in the licensed asbestos industry. The Control of Asbestos Regulations 2006 were further strengthened on 6 April 2007 by the requirement that anyone who certifies premises to be safe to be re-occupied following asbestos work must be accredited. Regulation 20(4) of the Control of Asbestos Regulations 2006 now requires anyone who issues a site-clearance certificate to be accredited by an appropriate accreditation body as competent to carry out such work. The site clearance certificate requires that premises where licensable asbestos work has been carried out has been thoroughly cleaned and is safe for re-occupation. To demonstrate competence they must conform with the specified requirements in two international standards - ISO 17020 and ISO 17025. The United Kingdom Accreditation Service (UKAS) is currently the sole recognised accreditation body in Great Britain. The Control of Asbestos Regulations came into force on 13 November 2006. As well as the above requirement for accreditation, the Regulations introduced other changes including:

1. A single control limit of 0.1 fibres per cm3 of air for work with all types of asbestos;
2. Specific mandatory training requirements for anyone liable to be exposed to asbestos;
3. A requirement to analyse the concentration of asbestos in the air with measurements in accordance with the 1997 World Health Organisation recommended method.

All work with asbestos containing materials, whether licensed or not, must be undertaken by trained workers following a risk assessment and in accordance with appropriate controls to prevent exposure to asbestos fibres.

Further information is available from the HSE website at: http://www.hse.gov.uk/press/2007/e07015.htm Source: www.hse.gov.uk (accessed 03/05/07)

ISSUE : May 2007

Additional Regulations for Phase II of EU ETS

The Greenhouse Gas Emissions Trading Scheme (Miscellaneous Provisions) Regulations 2007 (SI No.1096) were laid before Parliament on 3rd April and entered into force on 1st May. These Regulations specify the document which is the approved national allocation plan for the second scheme phase (1st January 2008 to 31st December 2012) of the European Union's Greenhouse Gas Emissions Trading Scheme for the purposes of the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925). These Regulations extend to the United Kingdom. The "EU Emissions Trading Scheme: Approved Phase II National Allocation Plan 2008-2012" is available from http://www.defra.gov.uk/environment/climatechange/trading/eu/phase2/phase2nap.htm Regulation 3 amends paragraph 3.4 in Part I of Schedule 1 to the 2005 Regulations with the effect that activities for the manufacture of ceramic products will only be an activity within the scope of the second and subsequent phases of the Greenhouse Gas Emissions Trading Scheme where more than 75 tonnes of products per day are fired in a kiln with a capacity of more than 4 cubic meters, and a setting density of more than 300 kilogrammes per cubic meter.

The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20071096.htm Source: www.opsi.gov.uk (accessed 03/05/07)

ISSUE : May 2007

New CDM Regulations Issued

The Construction (Design and Management) Regulations 2007 (SI 2007 No. 320) were laid before Parliament 15th February 2007 and enter into force on 6 April 2007. These Regulations revoke and replace the Construction (Design and Management) Regulations 1994 (S.I. 1994/3140) (Parts 2 and 3) and revoke and re-enact, with modifications, the Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592) (Part 4), simplifying these Regulations into a single regulatory package. Parts 2 and 3 set out duties in respect of the planning, management and monitoring of health, safety and welfare in construction projects and of the co-ordination of the performance of these duties by duty holders. Duties applicable to all projects, including duties of clients, designers and contractors, are set out in Part 2. These include a duty on every person working under the control of another to report anything that he is aware is likely to endanger health or safety. Part 3 imposes additional duties on clients, designers and contractors where the project is notifiable, defined as likely to involve more than 30 days or 500 person days of construction work. These include the duty of the client to appoint a CDM coordinator and a principal contractor, whose particular duties are then set out. The Regulations are also supported by an Approved Code of Practice (ACoP) and industry-approved guidance.

The ACoP was published on 27 February 2007, and priced at £15 (but will not come into force until 6 April 2007). It is available from www.hse.gov.uk. In light of concerns raised regarding the effect of the Regulations on small and medium sized businesses (SMEs) - particularly small clients, it must be emphasized that the Regulations do not impose new duties on clients. They make explicit what clients should already be doing as a result of existing duties in the Health and Safety at Work etc Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999. Clear, simple guidance for SMEs and clients is being developed by industry, and is currently available through the ACoP. This will be crucial in helping smaller clients, addressing misconceptions and alleviating concerns.

 The full text of the regulations, including an explanatory note highlighting the new requirements of the Regulations in comparison to the 1994 CDM Regulations, is available from the OPSI website at: www.opsi.gov.uk/si/si2007/20070320.htm Source: www.opsi.gov.uk (accessed 05/03/07)

ISSUE : April 2007

Amendment to Dangerous Substances and Preparations Regulations

The Dangerous Substances and Preparations (Safety) (Amendment) Regulations 2007 (SI 2007 No. 386) were made on 12th February and enter into force on 12th March 2007. These Regulations correct two errors in the Dangerous Substances and Preparations (Safety) Regulations 2006 (the principal Regulations - (previously reported on in the December issue of In Touch). Regulation 1(2) provided that regulation 12 (Toluene) should come into force on 24th August 2007. These Regulations correct that date to 15th June 2007. They also remove two words in regulation 8(4) which were repeated. In addition regulation 3 amends the two references to the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (which were revoked by the principal Regulations) in the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 to refer instead to the principal Regulations.

 The full text of the amending regulations is available from: http://www.opsi.gov.uk/si/si2007/20070386.htm Source: www.opsi.gov.uk (accessed 05/03/07)

ISSUE : April 2007

OHSAS 18001 issued for comment

The British Standards Institute (BSI) has issued a draft for public comment of the Occupational Health and Safety Assessment Series (OHSAS) specification, OHSAS 18001. This gives requirements for an occupational health and safety management system, to enable an organization to control its OH&S risks and improve its performance. It does not state specific OH&S performance criteria, nor does it give detailed specifications for the design of a management system (this can be found in BS 8800:2004).

All the requirements in this OHSAS specification are intended to be incorporated into any OH&S management system. BSI is inviting comments for the UK perspective on this international OHSAS. Source: www.bsi.org.uk (accessed 05/03/07)

ISSUE : April 2007

New Rules for the Treatment of Non-hazardous Waste

New rules mean that from October 2007 non-hazardous waste must be treated before it is disposed of at a landfill site and liquid waste will be banned from any landfill. These originate from the Landfill (England and Wales) Regulations 2002, SI 2002 No. 1559, as amended, e.g. by the Landfill (England and Wales) (Amendment) Regulations 2005. Treatment is defined by a three-point test, and all criteria must be satisfied for the waste to have been treated. The criteria are that the treatment must: 1. Be a physical, thermal, chemical or biological process including sorting 2. Change the characteristics of the waste 3. Change the waste to reduce its volume or hazardous nature, facilitate its handling or enhance its recovery. If you are a waste producer you are not obliged to treat the waste yourself - many will simply buy this service from a waste contractor. However, it is good practice to complete a written declaration stating:

• Whether you have treated the waste
•  The type of treatment that has occurred (if any)
• If relevant, the amount of waste sorted out for recovery or alternative treatment You then need to decide whether to either treat the waste and provide information about the treatment for subsequent holders, or ensure that a subsequent holder will treat the waste before it is landfilled. Landfill operators need to ensure that waste is treated prior to accepting it on-site. These organisations will need to check whether a waste has been treated, for example by: 
•  Discussions with the producer or contractor about the nature of the waste and any contractual arrangements regarding its treatment;
• Checking the paperwork accompanying the load, including a written declaration from the producer or holder that the waste has been treated;
•  Initial visual inspection plus inspection following deposit;
• Auditing the producers arrangements for treating the waste. To help with these new obligations, the Environment Agency has produced new guidance, Treatment of non-hazardous wastes for landfill.

Part A explains the requirements of the Regulations while Part B provides suggested methods on how certain wastes can be dealt with.

The guidance is available in pdf format from: http://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf?lang=_e Source: www.environment-agency.gov.uk (accessed 05/03/07)

ISSUE : April 2007

Amendment to Emissions Trading Regulations

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 465) were made on 19th February and enter into force on 16th March 2007. These Regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ("the 2005 Regulations") which provide a framework for a greenhouse gas emissions trading scheme and implement Directive 2003/87/EC of the European Parliament and the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (the "Emissions Trading Directive"). These Regulations provide that the Secretary of State may allocate allowances for the first phase of the scheme (2005 to 2007) by way of auction or sale. The Secretary of State is permitted to enter into agreements with persons who hold accounts in the emissions trading registry to transfer allowances to those persons in exchange for payment (regulations 21A and 46 of the 2005 Regulations, as inserted by these Regulations).

The full text of the amendment is available from: http://www.opsi.gov.uk/si/si2007/20070465.htm Source: www.opsi.gov.uk (accessed 05/03/07)

ISSUE : April 2007

New Health and Safety Fees Regulations

The Health and Safety Fees Regulations 2007 (SI 2007/813) were published on 16th March and enter into effect on 6th April. The Regulations revoke the Health and Safety (Fees) Regulations 2006 (SI 2006/336), and consolidate amendments and update fees charged. Fees payable by the applicant to the HSE have in most cases been revised, for example for: - Approval under mines and quarries legislation - Approval of plant or equipment under Agriculture (Tractor Cabs) Regulations 1974 - Licence under the Control of Asbestos Regulations 2006 - Approval under Health and Safety (First Aid) Regulations 1981 The full text of the Regulations is available from: www.opsi.gov.uk/si/si2007/20070813.htm

A table giving a comparison of the new fees with previous fee charging is at: www.opsi.gov.uk/si/si2007/table.htm Source: www.opsi.gov.uk (accessed 03/04/07)

ISSUE : April 2007

Reminder – Pre-treatment requirements for non-hazardous waste to landfill

As reported in the March edition of In Touch, from 30 October 2007 non-hazardous waste must be treated before it is disposed of at a landfill site. This already applies to hazardous waste. Liquid waste will be banned from any landfill. Non-hazardous solid waste includes household and builders’ skip waste, soil and rubble. The criteria for adequate treatment are that it must: - be a physical, thermal, chemical or biological process including sorting - change the characteristics of the waste - change the waste to reduce its volume or hazardous nature, facilitate its handling or enhance its recovery. Waste producers are not obliged to treat the waste themselves, and many may buy this service from a waste contractor. Landfill operators need to ensure that waste has been treated prior to accepting it at their site. The following options are recommended by the Environment Agency in order to check whether waste has been treated: - Up-front discussions with the waste producer or contractor about the nature of the waste and any contractual arrangements regarding its treatment. - Check the paperwork accompanying the load, including a written declaration from the producer or holder that the waste is treated. - Make an initial visual inspection plus inspection following deposit. - Carry out 'audit’ of the producer’s arrangements.

Further information is available from the Environment Agency’s website at: http://www.environment-agency.gov.uk/business/1841950/1841955/1841974/?version=1&lang=_e Source: www.environment-agency.gov.uk (accessed 10/10/07)

ISSUE : November 2007

Amendments to Climate Change Regulations

The Climate Change Levy (General) (Amendment) Regulations 2007 (SI 2007 No. 2903) were made on 8th October 2007 and entered into force on 1st November. These Regulations make many amendments to the Climate Change Levy (General) Regulations 2001 (S.I. 2001/838). There are four key groups of amendments: 1. Changes relating to the abolition of climate change levy's half-rate supplies 2. The integration of reduced-rate supplies into the existing system for administering the levy's relief’s 3. Abolishment of the requirement under the levy administration system for the energy supplier to receive the certificate claiming levy relief’s before the time of the supply 4. Abolishment of the requirement for certifying authorities to disregard figures received after a prescribed time as part of the levy's certification process for electricity from renewable sources and combined heat and power stations Regulation 3 and Schedule 2 revoke spent instruments that made earlier amendments to S.I. 2001/838 and S.I. 2001/7, while Schedule 3 details the powers exercised in making these Regulations, in relation to parts of schedule 6 of the Finance Act 2000 and any subsequent amendments. The following Statutory Instruments are revoked by the new Regulations: - The Climate Change Levy (General) (Amendment) Regulations 2002 - The Climate Change Levy (General) (Amendment) Regulations 2003 - The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2003 - The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 - The Climate Change Levy (General) (Amendment) Regulations 2006 The new Regulations are supported by two consequential Orders: - The Finance Act 2006 (Climate Change Levy: Amendments and Transitional Savings in Consequence of Abolition of Half-rate Supplies) (Appointed Day) Order 2007 (SI 2007 No. 2901); and -The Finance Act 2007 (Climate Change Levy: Reduced-rate Supplies etc) (Appointed Day) Order 2007 (SI 2007 No. 2902)

The full text of the Regulations can be accessed from http://www.opsi.gov.uk/si/si2007/20072903.htm Source: www.opsi.gov.uk (accessed 02/11/07)

ISSUE : November 2007

Consultation on Government Guidance for EU Directives and Waste Technical Competence

The Environmental Permitting Programme (EPP) is a Better Regulation? initiative designed to reduce costs for business and regulators by cutting red tape, without changing levels of protection for the environment and human health. It will do this by streamlining and simplifying environmental permitting and compliance systems. DEFRA consulted on part of the Environmental Permitting Government Guidance package earlier this year (see link below to the 3rd EPP consultation). Environmental Permitting Guidance will be replacing existing lengthy guidance for the waste management licensing (WML) and pollution prevention and control (PPC) systems (except for activities regulated by local authorities where the existing General Guidance Manual will be updated to reflect the changes to the system, see link below) with an easy-to-read, concise piece of guidance. It will be a simple, single reference point explaining how the new, streamlined Environmental Permitting Regulations work and, where possible, how they will be implemented. This consultation provides the rest of the Government guidance package. It is seeking views on draft Government guidance on the requirements of EU Directives covered by EPP and on proposals for assessing technical competence of permit holders with waste operations.

The deadline for comments is 10 October 2007 See: http://www.defra.gov.uk/corporate/consult/envpermitprog4/index.htm Source: www.defra.gov.uk

ISSUE : October 2007

Global Food Safety Initiative Breakthrough

On the 20th June 2007 - Roger Corbett, Chairman of CIES - The Food Business Forum announced to over 1100 senior executives at the CIES Annual World Food Business Summit in Shanghai, PR. China, that retailers have reached a landmark agreement on food safety schemes. Under the umbrella of the Global Food Safety Initiative (GFSI), 7 major retailers have come to a common acceptance of the four GFSI benchmarked food safety schemes: BRC - British Retail Consortium Global Food Standard IFS - International Food Standard SQF 2000 - Safe Quality Food Scheme Dutch HACCP Scheme (Option B) Each scheme has now aligned itself with common criteria defined by food safety experts from the food business, with the objective of making food manufacture as safe as possible. As a result, this will also drive cost efficiency in the supply chain and reduce the duplication of audits. The GFSI vision of ‘once certified, accepted everywhere’ has now become a reality. Carrefour, Tesco, Metro, Migros, Ahold, Wal-Mart and Delhaize have agreed to reduce duplication in the supply chain through the common acceptance of any of the four GFSI benchmarked schemes. The current Chairman of GFSI, Roland Vaxelaire, Director of Risk, Responsibility and Quality for Carrefour said I can only encourage other retailers to follow this example and apply the GFSI philosophy, in order to continue to drive cost-efficiency for all players throughout the supply chain, whilst making food as safe as possible for our customers?. This breakthrough marks a step change in the orientation of GFSI. The group will now concentrate on the application of the schemes by examining auditor competence, along with upcoming issues such as food security and food safety in emerging markets.

The CIES-led initiative was set up in 2000 to pursue continuous improvement in our food safety systems, cost efficiency in the supply chain, and above all safer food for consumers worldwide. For more information : Anne Malbrancq Corporate Communications CIES - The Food Business Forum Tel : (33) 1 44 69 99 20 a.malbrancq@ciesnet.com Source: www.ciesnet.com

ISSUE : October 2007

New Regulations for Large Combustion Plants

The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 were laid before Parliament on 9th August and enter into force on 10th September 2007. They introduce the national emissions reduction plan for large combustion plant and include the following: - obligations on central government for the publication of a national emissions reduction plan and providing information on participating plants; - a duty on the Environment Agency to establish and maintain a register for the NERP; - provisions for the verification of the annual reports of the operators of participating plants, transfers of parts of emission allowances, and calculating the reduction of emission allowances where a regulator receives notification of closure of a participating plant.

The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2007/20072325.htm Source: www.opsi.gov.uk (accessed 03/09/07)

ISSUE : October 2007

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