1. 25/02/2019

2. The last Environmental Legal Update
John Mitchell, consultant, Regulatory

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. The end
25/02/2019