30/12/2018

Environmental Law update Winter 2017 John Mitchell, Partner, Regulatory Risk and Compliance

Brexit and chemicals ECHA has published guidance on how Brexit will affect British industrial users and manufacturers of chemicals Current obligations to the ECHA will cease at Brexit Manufacturers and importers of UK chemicals into the EU will need to be established in the EU/EEA The UK manufacturer will no longer be a valid registrant of the chemical The EU customer will have to register it instead The UK market for third country representative registrations will vanish 30/12/2018

UK proposals on post-Brexit product compliance The government has set out its principles for harmonising regulatory systems after Brexit, e.g: REACH Medicines Food Focus is on goods which are on the market or have approval prior to Brexit 30/12/2018

Environmental reporting Government is consulting on the streamlining of environmental reporting The proposal is to merge all reporting into company annual reports The issues are: The medium for reporting The thresholds for compliance: Per usage (e.g. > 6 GWh)? Per size of company etc? What to report on 30/12/2018

Heat Network Regulations birds’ nest These regulations arise from the EU Energy Efficiency Directive The aim is to ensure that those who are supplied by communal heating or a district network are not ripped off The Directive is not well drafted Government had to issue gold-plated guidance on what was in scope Now there is confusion over the criteria for compulsory installation of meters 30/12/2018

Ambit of landfill tax to be widened It’s not often that announcements increasing the burden of taxation are welcomed However… Disposals made elsewhere than at a licensed landfill site will be subject to landfill tax This means that criminals who fly tip will be liable to the tax And they will be pursued for it by HMRC irrespective of what action the EA takes 30/12/2018

Water de-regulation From April 2017 businesses have been able to choose their own water supplier The retail supplier does not need to be: A water wholesaler In your geographical area There is fierce competition – there are now 24 water suppliers Businesses which use > 50Ml water per year can self- supply 30/12/2018

Water de-regulation - the benefits to business Price – Cheaper tariffs and/or lowering of bills through reduction of consumption Single supplier for multiple sites Better customer service Single bills for multiple sites Tailored services and bundled deals Leakage services Water efficiency Smart metering 30/12/2018

Environmental Law update Winter 2017 John Mitchell, Partner, Regulatory Risk and Compliance