25/02/2019

The last Environmental Legal Update John Mitchell, consultant, Regulatory

Brexit – Backstop main features Non-regression in the field of environmental protection Requirement to respect a set of principles in environmental legislation A joint committee is to be established to lay down minimum commitments for the reduction of atmospheric pollutants Environmental watchdog to have teeth strong enough to bite the UK government A carbon pricing system equivalent to ETS must be introduced The CJEU will continue to have a role New trade deal will cover environmental standards 25/02/2019

Brexit - Defra October – NAO report said that it doubted Defra’s readiness Gove replies that Defra is “on track” November – Public Accounts Committee report slams Defra readiness for Brexit Coffey is “100%” confident that all the regulations “would be in place” Defra is trying to replicate the REACH database, but it’s not possible due to all the IP issues The Defra permanent secretary said to the Environmental Audit Committee that she was not aware of that as an issue 25/02/2019

Brexit – the Defra proposals for chemicals HSE will take over the role of ECHA UK holders of REACH registrations will have: Grandfather rights if they provide basic info within 60 days 2 years to make a full application to HSE UK importers of EEA registered chemicals will: Be able to continue to import if they provide basic info within 180 days Have to apply for full registration ‘at a later date’ Gove admits there will be extra costs chemical businesses unless the UK can obtain an ‘associate membership’ of the ECHA 25/02/2019

Brexit – reaction to the Defra proposals Chemical Business Association says: “Unworkable, unsustainable and will cause damage” UK registrants do not own the data necessary to re- register Ministers are “indifferent” to the extra cost of re-registration The proposed timescale is “unrealistic” House of Lords EU Energy and Environment Sub-Committee Called it “deeply troubling” Said it had “serious doubts” about whether the UK would be able to create its own chemicals database 25/02/2019

Waste crime Defra funded review of waste crime enforcement has recommended changes Defra has announced that on the spot fines will be introduced for householders who breach the waste duty of care Meanwhile the EA has asked the public to identify their waste found at the huge fly-tipping site at Havant so that “they can help us identify the commercial operators we believe they paid to take them away 25/02/2019

Vacuum cleaner wars – Dyson triumphs Energy performance tests for vacuum cleaners Under EU rules, measurements are carried out when the bag is empty Energy consumption increases as the bag fills with dust Dyson claimed its bagless cleaners were being discriminated against CJEU ruled that the tests should reflect normal conditions of use General Court has now ruled that the regulation on the energy performance of vacuum cleaners does not do that and has annulled it 25/02/2019

Record enforcement undertaking Wessex Water has paid £1m under an enforcement undertaking for pumping sewage into Swanage Bay Other payouts: United Utilities: £230,000 Yorkshire Water: £200,000 Northumbrian Water: £135,000 25/02/2019

The end 25/02/2019