Producer Responsibility (UK)

Draft legislation to implement the plastic packaging tax has been published. This tax will apply to plastic packaging components manufactured in the UK or imported that have a recycled content of less than 30% of their total weight.

The tax will apply to organisations manufacturing or importing 10 tonnes or greater of plastic packaging components in any 12-month period. The tax will be charged at a proportional rate of £200 per tonne of packaging.

Hazardous Substances/Chemicals

Regulation (EU) 2020/217 amends the Classification, Labelling and Packaging (CLP) Regulation (EC) No 1272/2008 to update classification and labelling requirements for 38 chemicals.

Two new precautionary statements will be introduced and additional labelling requirements will apply to products containing titanium dioxide. 

Waste.

Directive (EU) 2019/904 introduces policies that aim to reduce the use of single-use plastic products across the EU. Products affected include items made of oxo-degradable plastics, cotton bud sticks, cutlery, plates and food and beverage containers.

This Directive is required to be transposed to law in every EU Member State by 3 July 2021. This is after the date the UK is expected to have left the EU. Therefore, it is not clear whether this Directive will be implemented in the UK or not.

Air Pollution England)

The Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 place restrictions on the sale of wet wood for domestic burning and limits on the emission of sulphur and smoke from manufactured solid fuels. The regulations also phase out the sale of bituminous coal (traditional house coal).

Buildings / Fire Safety (Scotland)

The Building (Scotland) Amendment Regulations 2020 will extend the building standards system to require automatic fire suppression systems to be installed in further buildings. These systems will be required in buildings containing a flat or maisonette, social housing dwellings or shared multi-occupancy residential buildings.

Details of the UK-only version of REACH that is expected to operate from 1 January 2021 have been published.

UK manufacturers and importers will ultimately be required to register chemicals under UK REACH to continue selling them in the UK. UK downstream users of chemicals may also assume responsibilities for notification and registration under UK REACH.

Hazardous Substances / Chemicals (UK)

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 makes arrangements for the trade in chemicals between Great Britain and Northern Ireland after the end of the Brexit transition period.

Northern Irish manufacturers, formulators and producers of chemicals will remain subject to the EU version of REACH, while companies in Great Britain will be subject to the UK REACH regime only.

Waste (UK)

The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 will amend a range of legislation to reflect the end of the transition period.

For example, the UK government will become able to amend the list of waste in England, which may also be updated across the UK with consent of the devolved administrations. A range of EU-derived legislation no longer applicable will be revoked.

Hazardous Substances / Chemicals (UK)

The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 will amend a range of chemical legislation to reflect the end of the transition period. This will include the transfer of powers to implement Great Britain-only regimes and modifications to reflect the Northern Ireland protocol.

Miscellaneous (UK)

Guidance has been published on the UK Conformity Assessment (UKCA) mark, which will be introduced after the end of the post-Brexit transition period. The mark will support a UK equivalent to the EU CE marking and conformity assessment regime.

UKCA conformity will be mandatory for qualifying products placed on the market in Great Britain after 1 January 2022.

Producer Responsibility (England and Scotland)

Amendments apply increasing recycling targets for 2021 and 2022 that will apply to packaging supplied by obligated producers. These targets will apply to recycling only: no further recovery targets will be met.

Climate Change / Energy (UK)

The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 establishes a UK registry of emissions allowances under the UK emissions trading scheme (UK ETS), which replaces the EU ETS for most installations in the UK.

Methods to determine and apply free allocations of allowances are also defined.

Producer Responsibility (Scotland Only)

The Deposit and Return Scheme for Scotland Regulations 2020 will introduce a deposit and return scheme for single-use packaging used to supply soft drinks in Scotland. To place these products on the market, organisations will be required to register with the Scottish Environment Protection Agency or a Compliance Scheme.

Producer Responsibility (Scotland Only)

The Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020 will enable regulators to apply civil sanctions for breaches of the forthcoming deposit return scheme for single-use soft drinks packaging in Scotland.

Monetary penalties and enforcement undertakings may be applied.

Hazardous Substances (EU)

Regulation (EU) 2020/878 will amend the REACH Regulation (EC) No 1907/2006. This amendment updates the information that must be included in safety data sheets. 

Organisations required to prepare safety data sheets have until 31 December 2022 to update these documents.

Climate Change / Energy, UK

The draft Greenhouse Gas Emissions Trading Scheme Order 2020 sets out a UK Emissions Trading Scheme (UK ETS). The UK ETS is planned to operate from the end of the post-Brexit transition period.

If implementation of the UK ETS does not go ahead, a carbon emissions tax will be applied.

Climate Change / Energy (UK)

The Renewable Transport Fuel Obligations (Amendment) Order 2020 will increase the buy-out price for shortfalls against the main renewable transport fuels obligation (RTFO).

This charge applies where fuel suppliers do not meet the required minimum percentage of renewable fuels supplied in each year.

Miscellaneous (UK)

The Trade and Cooperation Agreement between the EU and UK was reached on 24 December 2020 and is now in force.

The agreement applies ongoing requirements on the environment and climate change, including mechanisms to resolve disputes.

Climate Change / Energy (UK)

The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 amended the Greenhouse Gas Emissions Trading Scheme Regulations 2012. Electricity generators in Northern Ireland that supply the wholesale single electricity market in Ireland will remain subject to the EU ETS.

Other amendments made support the exit of all other UK installations from the EU ETS.

Hazardous Substances and Chemicals (UK)

The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 establish a lighter touch notification regime for imports of chemicals from Northern Ireland to Great Britain. Notifications present an alternative to registration under UK REACH for Northern Irish manufacturers, formulators or suppliers of chemicals.

EU REACH requirements will continue to apply in Northern Ireland.

Marine 

The Offshore Oil and Gas Exploration, Production, Unloading and Storage (Environmental Impact Assessment) Regulations 2020 will update the EIA regime for offshore oil and gas activities.

The regulations include updated requirements on consultation.

Climate Change / Energy (England and Wales)

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 amended the Energy Performance of Buildings (England and Wales) Regulations 2012.

Energy inspections of air conditioning systems must now consider the capabilities of the system for combined air-conditioning and ventilation to optimise performance.

Miscellaneous (Northern Ireland)

The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 establish the 'democratic consent process' for the continued application of the Protocol on Ireland and Northern Ireland.

The Northern Ireland Protocol requires the Northern Ireland Assembly to vote periodically to either extend or end Northern Ireland’s alignment with EU law under the Protocol

Planning (England)

The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 extend the expiry deadline for a range of permitted development rights introduced to respond to the COVID-19 pandemic.

Additionally, permitted development rights for new dwellinghouses are revised from 6 April 2021 to require that the national space standard is met.

Climate Change / Energy (England and Wales)

The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020 exempts electricity storage facilities from the obligation to obtain consent under section 36 of the Electricity Act 1989.

This exemption does not include pumped hydroelectric storage facilities.

Climate Change / Energy (UK)

The Heat Network (Metering and Billing) (Amendment) Regulations 2020 amended the Heat Network (Metering and Billing) Regulations 2014​​​​​. Three classes of building supplied with district or communal heating are defined. Metering must be installed for buildings in the 'viable' class in all cases. Meters must be installed for 'open' class buildings where an assessment concludes this is cost-effective and technically feasible. 

Planning (Scotland)

The Town and Country Planning (General Permitted Development) (Reverse Vending Machines) (Scotland) Amendment Order 2020 will permit the installation of compliant reverse vending machines without planning permission, where attached conditions are met. This change aims to help retailers meet take-back duties under the Deposit and Return Scheme for Scotland Regulations 2020.

Climate Change  / Energy (Great Britain)

The Climate Change Agreements (Administration and Eligible Facilities) (Amendment) Regulations 2020 support the extension of the climate change agreement scheme until 31 March 2025.

A new target period will apply to these agreements, which provide a climate change levy discount in return for energy reduction targets.

Producer Responsibility (England)

The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 ban the supply and sale of plastic straws, cotton buds and drinks stirrers in England from October 2020. The regulations provide a limited number of exemptions from this ban.

Producer Responsibility (England Only)

The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 will prohibit the sale of single-use plastic straws, plastic-stemmed cotton buds and plastic drink stirrers. The regulations will also apply exemptions from the ban. 

Waste

The Waste (Circular Economy) (Amendment) Regulations 2020 amend five Acts and 17 regulations to bring the Circular Economy Package of Directives into force.

This includes changes to the waste exemption and waste operations permit regimes, while requirements are also updated on packaging.

Transport (UK)

The Road Vehicles (Approval) Regulations 2020 apply an updated type approval process for motor vehicles and trailers. These regulations support the application of the EU Type Approval Regulation (EU) 2018/858, which will be retained as UK law after the end of the post-Brexit transition period.

Planning, England

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 consolidate a series of commercial, business and community use classes. Planning permission is not required for changes within these broader classes. This aims to improve the flexibility for the use of buildings.

Planning, England

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2020 enables the upward extension of up to two storeys to dwellinghouses or to form dwellinghouses without planning permission. These developments may only be undertaken where attached conditions can be satisfied and require prior approval from the local planning authority. 

Regulation (EU) 2020/1149 amended Annex XVII (restrictions) to the REACH Regulation (EC) No 1907/2006.

Manufacturers and suppliers of products containing diisocyanates will be required to communicate that users must have suitable training before industrial or professional use from 24 February 2022. Users of these products will need to obtain this training by 24 August 2023.