Unfinished business: 7 critical green plans left in limbo

Related ENDS Compliance Content

• Defra Statement: Draft Environment (Principles and Governance) Bill 2018
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  Defra Statement: Draft Environment (Principles and Governance) Bill 2018

  In force/
  Current

  Legislation

  England, Northern Ireland, Scotland, UK, Wales

  Published
  22 Dec 2018

  Commentary

  19/12/2018 A consultation on environmental principles and governance after EU exit was published in May 2018.

  SUMMARY This draft Environment (Principles and Governance) Bill sets out how the government intends to maintain environmental standards when the UK leaves the EU. It enshrines environmental principles within the policy-making process; ensures that the government is obliged to have a long-term plan for the environment; and establishes an independent environment body to scrutinise environmental policy and law, investigate complaints, and take action where necessary to ensure proper implementation.

  OUTLINE

  The draft Bill defines the meaning of the ‘natural environment’ as:

  • wild animals, plants and other living organisms,
  • their habitats,
  • land, water and air (except buildings or other structures and water or air inside them),

  and the natural systems, cycles and processes through which they interact.

  The draft Bill defines the mean of ‘environmental law’ as legislative provisions that are:

  • mainly concerned with an environmental matter; and
  • not concerned with an excluded matter, such as
  • emissions of greenhouse gases (within the meaning of the Climate Change Act 2008), but not the subject matter of the Fluorinated Greenhouse Gases Regulations 2015 (SI 2015/310),
  • disclosure of or access to information,
  • the armed forces, defence or national security, or
  • taxation, spending or the allocation of resources within government.

  Environmental matters comprise of:

  • protecting the natural environment from the effects of human activity;
  • protecting people from the effects of human activity on the natural environment;
  • maintaining, restoring or enhancing the natural environment; and
  • monitoring, assessing, considering, advising or reporting on anything related to the above.

  It is intended that the broader Environment Bill will also include measures on air quality, nature recovery, waste and resource efficiency, and water management.

  The draft Environment (Principles and Governance) Bill is published alongside:

  • a policy paper;
  • a statement of impacts;
  • a memorandum from Defra to the Delegated Powers and Regulatory Reform Committee;
  • an information paper on the policy statement on Environmental Principles; and
  • a press release, ‘New environment protections set out in flagship bill’.

  OVERVIEW

  Core elements under the draft Environment (Principles and Governance) Bill include:

  Policy Statement on Environmental Principles

  The draft Bill identifies nine environmental principles, as follows:

  • the precautionary principle, so far as relating to the environment;
  • the principle of preventative action to avert environmental damage;
  • the principle that environmental damage should as a priority be rectified at source;
  • the polluter pays principle;
  • the principle of sustainable development;
  • the principle that environmental protection requirements must be integrated into the definition and implementation of policies and activities;
  • the principle of public access to environmental information;
  • the principle of public participation in environmental decision-making; and
  • the principle of access to justice in relation to environmental matters.

  It requires the Secretary of State to prepare a policy statement that explains how the environmental principles are to be interpreted and applied by Ministers when making, developing and revising their policies.

  Environmental Improvement Plans

  The draft Bill places a legal requirement on the government to produce a plan for improving the environment covering a period not shorter than 15 years. In addition, the government is required to:

  • produce annual progress reports on the current environmental improvement plan; and
  • review and, if appropriate, revise the current environmental improvement plan every 5 years.

  The Secretary of State must make arrangements for obtaining data necessary to monitor whether the natural environmental is, or particular aspects of it are, improving in accordance with the current monitoring plan.

  The 25 Year Environment Plan (published January 2018) will be recognised as the first such plan. It sets out how the government will recover nature, replenish depleted soils, rid seas and rivers of the rubbish damaging our planet, cut greenhouse gas emissions, cleanse our air of toxic pollutants, and develop cleaner, more sustainable energy sources.

  The Office for Environmental Protection

  A green governance body will be established to uphold environmental legislation. The Office for Environmental Protection (OEP) will be an independent, statutory environmental body that will hold government and public bodies to account on environmental standards, including taking legal action to enforce the implementation of environmental law where necessary, once the UK leaves the EU, replacing the current oversight of the European Commission.

  The draft Bill specifically identifies:

  • the OEP’s scrutiny and advice functions; and
  • the OEP’s enforcement functions.

  It further requires the OEP to prepare a strategy that sets out how it intends to exercise its functions.

  Characteristics

  Subject

  General policy Land and development Sustainable development

  Source

  DEFRA (Department for Environment, Food and Rural Affairs)

  Affected Sectors

  Cross-sector Public Sector Conservation Land Management and Landscaping
• The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871)
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  The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871)

  In force/
  Current

  Legislation

  England, Scotland, Wales

  Published
  30 May 2018

  Commentary

  14/12/2012 Amending Regulations published with new recovery/recycling targets
  04/11/2014 Amending Regulation SI 2014/2890 published.
  11/12/2017 Amending Regulations ( SI 2017/1221) published.
  11/05/2018 Amending Regulations ( SI 2018/575) published.
  08/02/2019 Amending Regulations ( SI 2019/188) published.

  Compliance Dates

  16/03/2007 Comes into force for Great Britain (see regulation 1) on 16/03/2007
  07/04/2007 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2008 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2009 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2010 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2011 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2012 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2013 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2014 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2015 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2016 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2017 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2018 Producers who are unregistered during a relevant year should register with the appropriate agency before 7 April in that year (see regulation 7)
  07/04/2019 Producers who are unregis

  Legal Status The Regulations make packaging producers and sellers of goods in which packaging material is used, and who handle more than 50 tonnes of packaging with a turnover of more than £2 million, responsible for the recycling and recovery of amounts of packaging waste. Such businesses may be involved in raw materials for packaging; converting materials into packaging; filling packaging; selling packaging to the final user, leasing out packaging or importing packaging/packaging materials into Great Britain. The Regulations enter into force on the 16 March 2007 and apply to England, Wales and Scotland (see Regulation 1). See ‘In Depth’ for details of amendments.

  LEGAL OUTLINE

  • These Regulations continue to transpose the requirements of the EU Packaging Waste Directive 94/62/EC, as amended, and place obligations upon producers in the UK, to recycle and recover packaging waste.
  • Part II of the Regulations details whether a producer will have producer responsibility obligations. Schedules 1 and 2 concern the basis for qualification as a producer with responsibility obligations and the method of calculating a producer's recovery and recycling obligations respectively.
  • A producer may demonstrate their compliance with the requirements of these Regulations, by acquiring packaging waste recovery notes ('PRNs'), packaging waste export recovery notes ('PERNs'), or both. Similarly, a producer may be exempted from his producer responsibility obligations by joining a registered compliance scheme.
  • Part III requires producers and schemes to be registered with the relevant Authority. Those producers who are not part of a registered scheme are required to be registered with the Environment Agency (EA) and provision is made in this Part for the registration process and the obligations of both the producer and the authority. Similar provision is made for the registration of compliance schemes.
  • The Regulations require producers to maintain records and provide a certificate of compliance for a given year, to demonstrate that they have met their recycling and recovery obligations. Scheme operators are also required to maintain records of all packaging waste that was delivered for recovery or recycling and to make annual returns. These records are to be made available to the EA when they are requested.
  • The Regulations make provision for accreditation as a reprocessor to issue PRNs, or as an exporter to issue PERNs.
  • Appeal provisions are included under Part VI, which allow producers or scheme operators to appeal against decisions made by the EA under these Regulations. The duties and powers of the EA with regard to these Regulations is detailed in Part VII; this includes the requirement to create and maintain a public register of producers and schemes, reprocessors and exporters and the information contained in Schedule 7.
  • Offences for failure to comply with the requirements of the Regulations and their associated penalties are provided for in Part IX of the Regulations. Part X of the Regulations revokes the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (SI 2005/3468).

  These Regulations have been amended, including by:

  • the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538);
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 (SI 2008/413), which amends Schedule 2 with regard to the packaging waste recovery and recycling targets;
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941);
  • the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (SI 2010/1159);
  • the Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010 (SI 2010/1820);
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (SI 2010/2849);
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (SI 2012/3082);
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2014 (SI 2014/2890), which changes the glass recycling targets and the glass recycling by re-melt targets for 2014 to 2017;
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2017 (SI 2017/1221), which set packaging waste recovery and recycling targets for 2018 to 2020;
  • the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (SI 2018/575) to update a EU legislation reference in relation to England only; and
  • the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (SI 2019/188), to make minor technical amendments in consequence of the UK’s withdrawal from the EU.

  FULL LEGAL CONSOLIDATED SUMMARY

  Part I: General

  Regulation 1 (Citation, commencement and extent) prescribes the date on which the Regulations come into force and the areas to which they extend.

  Regulation 2 (Interpretation and notices) contains the definitions of key terms used in the Regulations including:

  Appropriate Agency: For England and Wales, the Environment Agency (EA); for Scotland, the Scottish Environment Protection Agency (SEPA). Businesses classed as producers under the Regulations or operating or applying to operate schemes should look to the relevant authority in the country in which their registered office or principal place of business is situated unless neither is situated in Great Britain in which event they may choose between the EA and the SEPA. Schemes which have more than one operator with their registered offices and principal places of business in either England or Wales or Scotland, should look to the authority to which they applied for approval of the scheme.

  Appropriate Authority: The Secretary of State in relation to England, the National Assembly for Wales, and the Scottish Ministers as directed in the Regulation 2 definition.

  Packaging which has the meaning given to it in Article 3(1) of EU Directive 94/62/EC as amended.

  Packaging materials which are materials used in the manufacture of packaging including raw materials and processed materials prior to their conversion into packaging.

  Packaging waste which has the meaning given to it in Article 3(2) of EU Directive 94/62/EC as amended.

  The definition of ‘relevant authorisation’ was amended, in relation to England and Wales, by Schedule 21 of the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538) to reflect the new environmental permitting system.

  Small producer which means a producer which satisfies the threshold test in paragraph 3 of Schedule 1, but which has a turnover recorded in its last available accounts (audited or otherwise if it is not required to produce audited accounts) prior to the relevant date (as defined) of £5,000,000.

  Transit packaging which is grouped packaging or secondary packaging as defined in paragraph (b) in Article 3(1) of EU Directive 94/62/EC and transport packaging or tertiary packaging as defined in paragraph (c) in Article 3(1) of EU Directive 94/62/EC as amended.

  Under paragraph 3, the service of notices, the provision of information, the payment of fees, and the maintenance and provision of records and returns by a partnership under the Regulations referred to should be sent to or provided by a partner acting on behalf of the partnership.

  Paragraph 4 directs that where there is more than one operator of a scheme, notices served on and documents submitted by the scheme under the regulations referred to must be sent to or issued by the operator authorised to act on behalf of all the operators of the scheme under Regulation 14(3)(h) in the application for scheme registration.

  Paragraph 5 permits, in the stated circumstances, the provision or service of documents by electronic means, the retention of records or maintenance of a register in electronic form, and the use of electronic signatures.

  Part II: Producers and Obligations

  Under Regulation 4 (Producers and producer responsibility obligations), persons regarded as producers by the Regulations in a particular year have producer responsibility obligations for that year. These obligations, as set out in paragraph 4, require producers to:

  • Register with the appropriate agency when not a member of a scheme (paragraph (a));
  • Recover and recycle an amount of packaging waste calculated on the basis set out in Schedule 2 (see the description of the contents of this schedule below) with the nature and extent of this obligation depending on whether the producer is classed as a small producer under the Regulations and, if so, it has chosen to follow the allocation method for determining its recycling obligations under Schedule 2 (paragraph (b));
  • Provide a certificate of compliance to evidence its observance of its recovery and recycling obligations (see Regulation 21) (paragraph (c));
  • If the producer's main activity is as a seller, to provide information concerning the return and recycling of packaging as set out in paragraph (d) and in accordance with guidance to be issued by the appropriate authority to consumers of its product (paragraph (d)).
  • Paragraphs 1 to 3 of Regulation 4 determine the persons to be regarded as Producers for the purposes of the Regulations. A producer is a person who:
  • Falls into one of the classes in column 4 of Table 1 in Schedule 1 in the year concerned (manufacturer, convertor, packer/filler, importer, seller, secondary provider, service provider);
  • In the year concerned and in the previous year performed the functions of one of those classes either himself or through an agent;
  • Made particular classes of supplies (as defined in paragraph 2 of Schedule 1) of packaging materials, packaging or transit packaging in the preceding year as set out in columns 2 and 3 of Table 1 in Schedule 1;
  • Had a turnover in the last financial year preceding the relevant date (as defined) for which audited or, where not required, unaudited accounts are available of more than £2,000,000; and
  • In the preceding year handled more than 50 tonnes of packaging or packaging materials in aggregate.

  Paragraph (1) provides that the above position may be varied in respect of groups of companies involved with packaging (see Regulation 37), licensors and pub operating businesses (see Regulation 38) or where a producer is affected by a change in scheme membership, a change in a group of companies or by another event in the year concerned (see Regulation 39).

  Under Regulation 5 (Producers and Scheme membership), producers who are members of a registered scheme in a year are exempt from complying directly with their producer responsibility obligations under Regulation 4 during that year.

  Part III: Registration: Producers and Schemes

  Regulation 6 (Producer registration obligations) requires producers to register with the appropriate agency in a year or any part of it during which they are not scheme members.

  Regulation 7 (Application for producer registration) requires unregistered producers to apply for registration to the appropriate agency before 7 April in the year concerned. Where a producer becomes unregistered due to one of the events set out in paragraph 3, it should apply for registration within 28 days of the event occurring.

  Paragraph 4 prescribes the basis on which an application should be made, and the information and documentation which should accompany it including the fee (see paragraph 4(e)) and an original or revised operational plan (see paragraph 4(f)), a copy of which should also be provided to the appropriate authority. Under paragraph 9, the information required under paragraph 4(c) may be provided within 28 days of an application made due to the occurrence of the events referred to at paragraphs 3(a), 3(b), 3(d) and 3(e) being submitted rather than accompanying it.

  The appropriate agency will grant an application if it meets the criteria set out in paragraph 6, but it will otherwise be rejected. An approved producer is treated as registered from the beginning of the year concerned for an application under paragraph 1 and from the date of the event concerned for an application under paragraph 3 or from the date specified in the confirmation.

  Regulation 8 (Conditions of registration of a producer) sets out the conditions attached to the registration of a producer. These are (a) compliance with its producer responsibility obligations; (b) providing information reasonably requested by the appropriate agency in respect of its obligations; (c) informing the appropriate agency of changes in circumstance of the producer or material changes in information provided as directed under paragraph (c); (d) providing the records and returns to the appropriate agency required under regulation 20; (e) notifying the appropriate agency that it wishes to cancel its registration; (f) complying with its operational plan; (g) providing a revised operational plan before 31 January in each year.

  Regulation 9 (Forms and fees for producer registration). Under paragraph 1, the appropriate agency is required to provide the form to be completed by an applicant for registration free of charge. Paragraphs 2 to 4 set out the basis for calculating the application fee.

  Regulation 10 (Refusal to register producers) requires the appropriate agency to give written notification of a decision to refuse a registration application within 28 days of the decision being made. The notification should give reasons for the decision and advise the producer of its right of appeal and that operating as an unregistered producer is an offence under Regulation 40(1)(a).

  Regulation 11 (Cancellation of registration of producers) sets out the circumstances in which the appropriate agency may cancel a registration. These are breaches of any of the conditions set out in Regulation 8 or the knowing or reckless supply of false information by the producer in its registration application or in compliance with the Regulation 8 conditions. The appropriate agency may also cancel a registration where the producer has become a member of a registered scheme or has ceased to be a producer. Paragraph 3 requires the appropriate agency to give the producer written notice prior to cancelling its registration containing the information specified in the paragraph.

  Under Regulation 12 (Schemes: general provisions), operators of schemes are required to carry out the recovery and recycling obligations of producers who are scheme members and, where applicable, their information obligations. Operators may only evidence compliance with recovery and recycling obligations through acquiring PRNs or PERNs which, if they relate to waste delivered or exported in December, may be relied on by the operator in that year or the following year. The operator must notify members in writing immediately if it is notified that the scheme's registration has been cancelled or where the scheme has received conditional approval under Regulation 13(4).

  Regulation 13 (Application for approval of a scheme) sets out the basis on which a proposed operator must apply for approval of a scheme by the appropriate authority. Paragraph 1 prescribes the information which should be provided and the accompanying documents required. An appropriate authority shall approve an application where the criteria set out in paragraph 2 are satisfied, but shall otherwise reject it.

  Paragraph 3 details the circumstances in which a further application for approval of a scheme already approved should be made and the timescale for such an application. The appropriate authority may withdraw scheme approval at least 28 days after serving written notice on the operator under paragraph 6 or immediately on written notice under paragraph 7 if such an application is not received within the required timescale. The appropriate authority is required to consider any representations made by the scheme operator in response to a paragraph 6 notice before this takes effect.

  The appropriate authority may grant further approval of a scheme where the operator is required to reapply for failing to carry out any of its obligations to recover and recycle packaged waste under regulation 12(1) although it is not satisfied that the paragraph 2 criteria are met on condition that the operator complies with 50% of the total recovery and recycling obligations of the scheme before 30 June, and a further 50% of the obligation before 30 September with evidence of compliance to be provided as directed. A fee for conditional approval is payable under regulation 16(3). The operator of such a scheme may not accept new scheme members. Full approval of such a scheme will be restored where the appropriate authority is satisfied that the operator met its recovery and recycling obligations in the preceding year and in the circumstances set out in paragraphs 9 and 10.

  Regulation 14 (Application for registration of a scheme) requires the operator of a scheme to apply to register it with the appropriate agency on or before 7 April in each year the scheme is operative. Paragraph 3 sets out the basis on which such an application should be made including the information to be provided (the information required under paragraph 14(3) must be provided by 15 April if not accompanying the application under paragraph 6) and accompanying documents required. The application for registration shall be granted by an appropriate agency where the criteria set out in paragraph 4 are met and notification be provided within 28 days, but shall otherwise be refused. Once the application is approved, the scheme is treated as having been registered from the beginning of the year.

  Regulation 15 (Conditions of registration of a scheme) sets out the conditions to which an approved scheme is subject. These are (a) compliance with its obligation under regulation 12(1); (b) providing information reasonably requested by the appropriate agency in respect of its obligations; (c and d) informing the appropriate agency both of changes in scheme membership (paying any additional fee required as a result) and of changes in the circumstances of the operator or material changes in information provided as directed under paragraph (d); (e) providing the records and returns to the appropriate agency required under regulation 22; (f) complying with its operational plan; (g) providing a revised operational plan before 31 January in each year.

  Regulation 16 (Forms and fees for registration of a scheme). Under paragraph 1, the appropriate agency is required to provide the form to be completed by an applicant for registration of the scheme free of charge. Paragraphs 2 to 6 set out the basis for calculating the application fee.

  Regulation 17 (Refusal to register a scheme) requires the appropriate agency to give written notification of a decision to refuse a registration application within 28 days of the decision. The notification should give reasons for the decision and advise the operator of its right of appeal and that operating an unregistered scheme is an offence under regulation 40(1)(a).

  Regulation 18 (Cancellation of registration of a scheme) sets out the circumstances in which the appropriate agency may cancel the registration of a scheme. These are breaches of any of the conditions set out in regulation 15 or the knowing or reckless supply of false information by the operator in its registration application or in compliance with the regulation 15 conditions. The appropriate agency may also cancel a registration where the appropriate authority withdraws approval of a scheme. Paragraph 3 requires the appropriate agency to give the operator written notice prior to cancelling its registration containing the information specified in the paragraph.

  Regulation 19 (Information provided to scheme operators) concerns the provision of information by scheme members which the operator requires to apply for registration of the scheme under regulation 14. Producers providing such information shall comply with the requirements set out in paragraph 2.

  Part IV: Records, Returns and Certificate

  Regulation 20 (Producers - records and returns) requires producers to maintain and provide the appropriate agency with records in respect of the certifying obligation under regulation 21 as directed in paragraph 1. The records must be retained for at least 4 years after they are made and be made available to the appropriate agency on demand. Paragraphs 2 and 3 set out the information to be recorded by producers.

  Regulation 21 (Producers - certifying obligations) requires producers not registered with a scheme and in respect of which the provisions of regulation 37 (groups of companies) and regulation 39 (mid-year changes) do not modify this requirement to provide the appropriate agency with a certificate of compliance on or before 31 January in the year following the year concerned. The certificate is required as evidence of the producer's compliance with its recovery and recycling obligations and should contain the information in Schedule 5 including copies of all PRNs or PERNs acquired for the relevant year.

  Regulation 22 (Schemes - records and returns) requires scheme operators to maintain records and make returns to the appropriate agency of the recorded information for the preceding year on or before 31 January together with a statement confirming compliance with its obligations under regulation 12. The records must be retained for at least 4 years after they are made and must be made available to the appropriate agency on demand. The information which must be recorded is set out in paragraph 2.

  Part V: Accreditation of Reprocessors and Exporters

   

  Regulation 23 (Requirement for accreditation) prohibits the issue of a PRN except by an accredited reprocessor. Where a PRN is issued in respect of material received in December and the PRN is used by a producer or operator to support its compliance with its recovery and recycling obligations for the following year, the reprocessor concerned must have been accredited at the time the material was received. In both cases, the PRN must relate to packaged waste received by the reprocessor at the reprocessing site for which it is accredited. Paragraph 2 contains equivalent provisions for the issue of a PERN by an accredited exporter. This paragraph has been amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941).

   

  Regulation 24 (Application for accreditation) sets out the procedure to be followed by persons wishing to be accredited as a reprocessor or exporter. In the former case, the applicant should specify the sites at which the reprocessor wishes to be accredited and the applicable recovery operations and recyclable materials which the applicant wishes the accreditation to cover. In the latter case, the accreditation must be in respect of the export of one or more recyclable materials for reprocessing outside of the UK.

   

  In each case, the application should be made on a form to be provided by the appropriate agency, and be accompanied by a business plan containing the information set out in paragraph (c), which has been amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941), and a fee to be calculated on the basis set out in paragraph (d).

   

  The appropriate agency will grant an application where satisfied as to the matters set out in paragraph 3 but will otherwise refuse it. Paragraph 3 has been amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941) to take into account where it is not possible for the applicant to specify at the time of application the site or sites to which the export is taking place.

   

  It is required to advise the applicant in writing of its decision within 12 weeks of receiving the application giving reasons in the event of a rejection. An accreditation takes effect from 1 January in the year following the year in which the decision is made, and, in all other cases, from the date of the decision.

   

  A reprocessor who breaches its undertaking to issue PRNs or PERNs for not more than 400 tonnes of packaging waste in a year is liable to pay the appropriate agency an additional fee of £2,111 (paragraph 6).

   

  Applications to include a further reprocessing site within the accreditation of an exporter should be made to the appropriate agency on a form to be provided by it and accompanied by a £110 fee (paragraph 7). Such an application will be approved in the circumstances set out in paragraphs 8 and 9.

   

  Under Regulation 25 (Conditions of accreditation), an accredited reprocessor or exporter is required to comply with the conditions specified in and under Schedule 5.

  Regulation 26 (Suspension and cancellation of accreditation) sets out the circumstances in which the appropriate agency may cancel the accreditation of a reprocessor or exporter, and has been amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941).

  The circumstances include where breaches of any of the conditions set out in regulation 25 have occurred or where the reprocessor or exporter has knowingly or recklessly supplied false information in its accreditation application or in compliance with the Regulation 25 conditions.

  The appropriate agency may also cancel an accreditation where it is no longer satisfied that an export to a reprocessing site lying outside of the EU meets the requirements of Article 6(2) of EU Directive 94/62/EC as amended to the extent that such an export does not meet those requirements. Paragraph 3 requires the appropriate agency to give the accredited reprocessor or exporter written notice prior to cancelling its accreditation. The notice should contain the information specified in the paragraph.

  An accreditation is deemed to be cancelled on the date on which the person accredited loses the relevant authorisation or ceases to be a reprocessor or exporter or on a date specified by the accredited person where it requests that the accreditation be cancelled.

  Part VI: Appeals

   

  Under Regulation 27 (Right of Appeal), a producer, operator, reprocessor or exporter may appeal to the appropriate authority against decisions of the appropriate agency made under the Regulations referred to to refuse an application for registration or accreditation or to cancel such a registration or accreditation.

   

  Regulation 28 (Procedure on appeals) empowers the appropriate authority to appoint a person to determine an appeal on its behalf or refer any matter in the appeal to that person with or without payment. The appeal shall, if either the appellant or the appropriate authority requires it, be by way of a hearing. Schedule 6 sets out the procedure to be followed in an appeal.

   

  Under Regulation 29 (Determination of appeals), an appropriate agency is bound to give effect to a determination of the appropriate authority which alters its decision.

   

  Regulation 30 (Status Pending Appeal) provides that in appeals against a decision to cancel registration of a producer or an operator, the decision to cancel a registration takes effect only on the end of the day on which the appeal is dismissed or withdrawn.

   

  Part VII: Agencies' Powers and Duties

   

  Regulation 31 sets out the duty of the appropriate agency to monitor the compliance of producers, operators and accredited reprocessors or exporters with the obligations and conditions in paragraph 1, and the accuracy of information provided by producers and operators in compliance with the regulations set out in paragraph 2. The appropriate agency may serve notices on persons with producer responsibility obligations, scheme operators, accredited reprocessors or exporters and persons issuing or trading in PERNs or PRNs requiring them to maintain records and furnish returns of information specified in the notice to enable it to comply with its duty.

   

  Regulation 32 (Monitoring - publication) requires the appropriate agency to provide the appropriate authority with a report containing its proposed monitoring plan for the following year to include the details set out in this regulation. The appropriate agency is required to provide this by 1 December in the preceding year and publish the report by 31 December.

   

  Regulation 33 (Public Register) requires the appropriate agency to maintain and make available a register of producers, schemes, and accredited reprocessors and exporters on the basis set out in the register and containing the information prescribed in Schedule 7.

   

  Regulation 34 (Approval of persons to issue certificates of compliance) prescribes the persons who have approval to issue certificates of compliance or sign forms under the regulations referred to on behalf of a producer.

   

  Under Regulation 35 (Entry and inspection), the appropriate agency may authorise a person to exercise the powers of entry and inspection set out in paragraph 2. These are the powers set out in paragraphs 108(4)(a) to (l) of the Environment Act 1995 which, as read in light of the variations to be applied for the purposes of the Regulations under paragraphs 2 to 6 of this regulation, provide that authorised persons may enter premises and make examinations and investigations. Paragraph 3 provides that, by reference to paragraphs 6 and 7 of section 108 of the 1995 Act, entries to residential premises may only be made on notice and with the consent of the occupier of the premises or under the authority of a warrant.

  Under paragraph 4, an answer given by a person in response to an officer's exercise of his powers under paragraph 4(j) of section 108 of the 1995 Act is not admissible evidence in criminal proceedings against that person. A person may not be compelled to disclose a document which he would be entitled to withhold on grounds of legal professional privilege in the circumstances set out in paragraph 4 and section 108(13) of the 1995 Act.

  Regulation 36 (Collection and provision of information) directs the appropriate agency to place information and reports received under the regulations referred to in a common database. It also directs the EA to provide the Secretary of State with a copy of such reports by 31 March the year following the year the reports are due, as well as the information it holds by 30 June each year or 31 January if the information is provided after that date.

   

  Part VIII: Groups of Companies, Pub Operating Businesses and Licensors and Mid-Year Changes

   

  Regulation 37 (Packaging handled by groups of companies) requires companies which form part of a group of companies involved with packaging to comply with their producer registration obligations as directed under Schedule 8. Companies are regarded as forming a group under the Regulations where a holding company and one or more of its subsidiaries or two or more subsidiaries of the same holding company collectively fall within the classes of producer under columns 1 to 3 of Table 1 in Schedule 1 and have aggregate turnovers and handle aggregate amounts of packaging or packaging materials sufficient to satisfy the threshold test in paragraph 3 of Schedule 1.

   

  Regulation 38 (Packaging handled by licensors and pub operating businesses) directs that Schedule 9 applies to determine whether persons regarded by the Regulations as a licensor or a pub operating business in the year concerned and the preceding year have producer responsibility obligations in that capacity. Paragraph 3 defines licensor as a party to a licence agreement (as defined under paragraph 7) under which he grants a licence to use a trade mark to another. Paragraph 4 defines a pub operating business as a party to a pub operating agreement (as defined in paragraph 7) in or under which he grants a lease or tenancy of premises for the sale and supply of alcohol on the basis set out in paragraph 38(4)(b).

   

  Regulation 39 (Mid-year changes) directs that Schedule 10 applies to determine a producer's responsibility obligations where there is a change in that producer's scheme membership during the course of a year or in the composition of a registered group of companies of which a producer forms part or where a producer has died, become bankrupt or otherwise incapacitated during the course of a year.

   

  Part IX: Offences

   

  Regulation 40 (Offences and penalties). Paragraphs 1 to 8 and 10 set out the circumstances in which producers, scheme operators, and persons generally under paragraphs 4 to 8 are regarded as having committed an offence under the Regulations. Under paragraph 9, persons found guilty of an offence shall be liable to a fine, the maximum size of which will depend on whether the person is summarily convicted or indicted.

   

  Regulation 40A (Civil Sanctions), as inserted by the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 (SI 2010/1159), allows the EA to impose a civil penalty in England with respect to offences under Regulations 40(1)(a-c), 40(3), 40(7), 40(8)(a-b).  

   

  Regulation 40B (Civil Sanctions, Wales), as inserted by the Environmental Civil Sanctions (Miscellaneous Amendments) (Wales) Regulations 2010 (SI 2010/1820), allows the EA to impose a civil penalty in Wales with respect to offences under Regulations 40(1)(a-c), 40(3), 40(7), 40(8)(a-b).

   

  Part X: Revocation and Transitional Provision

   

  Regulation 41 (Revocation and transitional provision) revokes the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (SI 2005/3468) and steps taken and periods of time elapsed under them are to be treated as having effect or having elapsed under the equivalent provision of the Regulations from the date they entered into force.
  

  Part XI: Review

  Regulation 42 (Review), as inserted by the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (SI 2012/3082), requires the Secretary of State to review the operation and effect of these Regulations in England and Wales, and publish a report by 1 July 2017 and within every five years after that.

  Schedule 1 (Producers) determines who is regarded as a producer for the purposes of the Regulations.

   

  Schedule 2 (Recovery and Recycling Obligations) sets out the basis on which the extent of a producer's obligations to recover and recycle packaging waste in any one year are calculated. It has been amended by:

  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2008 (2008/413) to provide for the recovery targets for 2008, 2009 and 2010, where
    
  • In 2008, the percentage recovery target rose from 68% to 72%
    
  • In 2009, the percentage recovery target rose from 69% to 73%
  • In 2010, the percentage recovery target rose from 70% to 74%
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (SI 2010/2849), which sets out the recovery targets for 2011 and 2012; and
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (SI 2012/3082), which sets out the recovery targets for 2013 to 2017 and new introduce split targets for waste glass packaging for recycling by re-melt; and
  • the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2014 (SI 2014/2890), which changes the glass recycling targets and the glass recycling by re-melt targets for 2014 to 2017.

  Schedule 3 (Information) sets out the information to be contained in an application for producer registration (Part I), an application for registration of a scheme (Part II), and in the statement of the scheme's policies to be provided under regulation 14(3)(d) or in the operational plan to be provided either by a producer under regulations 7(4)(f) and 8(g) or a scheme under regulations 14(3)(f) and 15(g) (Part III).

  Schedule 4 (Information in Certificate of Compliance) sets out the information to be included in a certificate of compliance under regulation 21.

  Schedule 5 (Conditions of Accreditation) sets out the conditions to be complied with by accredited reprocessors and exporters including when issuing PRNs and PERNs. It has been amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008 (SI 2008/1941).

  Schedule 6 (Procedure on Appeals). Paragraph 1 of Schedule 6 sets out the process to be followed by a party wishing to appeal an appropriate agent's decision under regulation 28(3). An appeal should be made within two months from the date of the decision complained of unless the appropriate authority allows a later notice of appeal to be given. Paragraph 3 provides that where an appeal hearing is held, the person hearing the appeal shall, unless appointed to determine it under regulation 28(1)(a), make a written report to the appropriate authority, the report to include that person's conclusions and recommendations or reasons for not making recommendations. The appropriate authority or person hearing the appeal must notify the appellant and appropriate agency of its decision and of the reasons for it, and provide the appellant and appropriate agency with a copy of any report made under paragraph 3.

  Schedule 7 (Public Register) sets out the information which the public register the appropriate agency is required to maintain under Regulation 33 should contain.

  Schedule 8 (Groups of Companies) sets out the special provisions on compliance with producer responsibility obligations for companies regarded as belonging to a group of companies under the Regulations (see Regulation 37).

  Schedule 9 (Licensors and Pub Operating Businesses) prescribes the circumstances in which a licensor or pub operating business has, as a head organisation, producer responsibility obligations for packaging waste generated from goods sold by a licensee or a person operating a business to sell and supply alcohol under an agreement with the pub operating business.

  Schedule 10 (Mid-Year Changes) determines a producer's responsibility obligations where there is a change in that producer's scheme membership during the course of a year or in the composition of a registered group of companies of which a producer forms part or where a producer has died, become bankrupt or otherwise incapacitated during the course of a year.

  Characteristics

  Subject

  Products Waste

  Source

  OPSI (Office of Public Sector Information)

  Affected Sectors

  Cross-sector Manufacturing Wood And Wood Products Pulp Paper And Paper Products Plastics Rubber And Plastic Products Glass Metal Steel Packaging Recycling Waste and Cleaning Retail and Wholesale
• The Air Quality Standards Regulations 2010 (SI 2010/1001)
  Close

  The Air Quality Standards Regulations 2010 (SI 2010/1001)

  In force/
  Current

  Legislation

  England, UK

  Published
  30 Jan 2019

  Commentary

  01/02/2018 Amending Regulations 2018( SI 2018/110) published., 23/01/2019 Amending Regulations ( SI 2019/74) published.

  Compliance Dates

  11/06/2010 Come into force for England only, apart from Regulations 3(a), Part 4, and Regulation 32, which extend to England, Wales, Scotland and Northern Ireland (see Regulation 1)

  Legal Status These Regulations revoke and replace the Air Quality Standards Regulations 2007 (SI 2007/64), and transpose into English law the requirements of the EU Clean Air for Europe (CAFÉ) Directive 2008 2008/50/EC, which consolidates previous ambient air quality legislation along with EU Decision 97/101/EC concerning the exchange of information on ambient air quality as well as the EU ‘Fourth Daughter’ Directive 2004 (2004/107/EC, which establishes limit values for arsenic, cadmium, nickel and poluyaromatic hydrocarbons in ambient air). These Regulations come into force on 11 June 2010 and apply to England only, apart from Regulations 3(a) (designation of competent authority for the purposes of cooperation with other EU Member States), Part 4 (National Exposure Reduction for PM2.5), and Regulation 32 concerning transboundary pollution, which extend to the UK (see Regulation 1). They have been subsequently amended by (see Legal Outline).

  Legal Outline

  • Part 1 deals with definitions, designates the Secretary of State as the competent authority for the purposes of EU Directives 2008/50/EC and 2004/107/EC and requires the Secretary of State to divide England into zones.
  • Part 2 deals with assessment of ambient air quality. Chapter 1 relates to assessment of sulphur dioxide (SO₂), nitrogen dioxide (NO₂) and oxides of nitrogen (NOx), particulate matter (PM), lead benzene and carbon monoxide (CO). Chapter 2 relates to assessment of ozone, and Chapter 3 relates to assessment of arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons.
  • Part 3 sets out the duties of the Secretary of State in relation to the limit values, target values, long-term objectives, information and alert thresholds and critical levels for the protection of vegetation, which are set out in Schedules 2 to 6. Clarifying provisions to provide for disregarding exceedances caused by natural sources are introduced by the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (SI 2019/74).
  • Part 4 deals with requirements in relation to PM_2.5 in addition to the limit value and target value for this pollutant. The additional requirements in this part relate to the calculation of an average exposure indicator (AEI) for the UK, the calculation of a national exposure reduction target based on the AEI, attainment of the national exposure reduction target in the UK and compliance with a limit on the AEI for 2015.
  • Part 5 imposes requirements on the Secretary of State to draw up air quality plans in relation to limit values and target values and short-term action plans in relation to alert thresholds. Short-term action plans may also be used in relation to limit values and target values.  In zones where limit values for particulate matter of diameter 10 micrometers or less (PM₁₀) are exceeded due to re-suspension of particulates following winter sanding or salting of roads, the Secretary of State’s duty to implement an air quality plan to achieve the limit value only applies to those zones in so far as the excess is attributable to other sources of PM₁₀, as specified by the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (SI 2019/74).
  • Part 6 relates to public information.
  • Part 7 gives the Secretary of State power to direct Local Authorities (LAs) and the Mayor of London. This part also contains provisions relating to transboundary air pollution.

  The Regulations have been subsequently amended by:

  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (SI 2018/110), to require that the Secretary of State, when preparing an air quality plan, must consider whether to include measures imposing emission limit values lower than those set out in the EU Medium Combustion Plant Directive 2015/2193/EU; and
  • the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (SI 2019/74), to ensure they continue to operate effectively in the UK domestic legal framework after the UK’s withdrawal from the EU.

    FULL LEGAL CONSOLIDATED SUMMARY

    PART 1 (General)

    Regulation 1 sets out the citation, commencement, application and extent of these Regulations.

     

    Regulation 2 defines certain terms used in the Regulations, including ‘pollutant’, ‘relevant administration’ and ‘ambient air’.

    Regulation 3 designates the Secretary of State as the competent authority in England for the purposes of the EU Clean Air for Europe (CAFÉ) Directive 2008 2008/50/EC and the EU ‘Fourth Daughter’ Directive 2004 2004/107/EC, and in England, Wales, Scotland and Northern Ireland for the purposes of Article 3(f) of EU Directive 2008/50/EC (requirement to cooperate with other EU Member States and the EU Commission).

    Regulation 4 requires the Secretary of State to divide England into zones and agglomerations (metropolitan areas with a population of more than a quarter of a million) for the purposes of the Regulations.

    PART 2 (Assessment of ambient air quality)

     

    Chapter 1 – Sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene and carbon monoxide

     

    Regulation 5 requires the Secretary of State to classify each zone according to whether the upper or lower assessment thresholds specified in the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) are exceeded for benzene, carbon monoxide (CO), lead, nitrogen dioxide (NO₂), oxides of nitrogen (NOx), particulate matter (PM) and sulphur dioxide (SO₂). Further, the Secretary of State is required to review the classification of the zones at least every 5 years, and more if there are significant changes in activities that could impact the levels of such pollutants.

     

    Regulation 6 sets out the assessment criteria to be used for the purposes of Regulation 5.

     

    Regulation 7 specifies the location and number of sampling points to satisfy the requirements in the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) and also includes provision for monitoring to be supplemented by modelling or indicative measurements provided certain conditions are met.

     

    Chapter 2 – Ozone

     

    Regulation 8 requires the Secretary of State to assess the levels of ozone in all zones and covers the assessment criteria.

     

    Regulation 9 specifies the location and number of sampling points to satisfy the requirements in the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) in relation to ozone and includes provision for monitoring to be supplemented by modelling or indicative measurements provided certain conditions are met.

    Chapter 3 – Arsenic, cadmium, nickel, mercury, benzo(a)pyrene and other polycyclic aromatic hydrocarbons

    Regulation 10 requires the Secretary of State to classify each zone according to whether the upper or lower assessment thresholds specified in the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) are exceeded for arsenic, cadmium, nickel and benzo(a)pyrene (BaP). Further, the Secretary of State is required to review the classification of the zones at least every 5 years, and more if there are significant changes in activities that could impact the levels of those pollutants.

     

    Regulation 11 sets out the assessment criteria to be used for the purposes of Regulation 10.

     

    Regulation 12 requires the Secretary of State to apply the data quality objectives and other standards in Annex IV to the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) to the assessment of levels of arsenic, cadmium, nickel, other polycyclic aromatic hydrocarbons (PAHs), gaseous mercury and BaP.

     

    Regulation 13 requires the location and number of sampling points for arsenic, cadmium, nickel and BaP to be determined in accordance with Annex III to the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC).

     

    Regulation 14 lists the other PAHs in addition to BaP which must be monitored by the Secretary of State, and contains provision for others to be included as the Secretary of State see fit. This Regulation also lists the monitoring requirements for these PAHs.

     

    Regulation 15 sets out the requirements for background monitoring of arsenic, cadmium, gaseous mercury, nickel, BaP and PAHs.

     

    Regulation 16 specifies the reference measurement methods for sampling these pollutants.

     

    PART 3 (Duties of Secretary of State in relation to limit values etc.)

     

    Regulation 17 requires the Secretary of State to ensure that the limit values set out in Schedule 2 for SO₂, NO₂, benzene, CO, lead and PM are met, and that where the levels are below the limit values, to maintain those levels and endeavour to maintain the best ambient air quality compatible with sustainable development.

     

    Regulation 18 requires the Secretary of State to take all necessary measures not entailing disproportionate costs to meet the target values for PM_2.5, ozone, arsenic, cadmium, nickel and BaP set out in Schedule 3. Further, the Secretary of State is obliged to draw up a list of all zones where the target values are met and where they are exceeded, as well as the relevant source of the pollutants.

     

    Regulation 19 provides that the limit and target values referred to in Regulations 17 and 18 apply from the dates specified in the EU Clean Air for Europe (CAFÉ) Directive 2008 (2008/50/EC) for each pollutant, or when the Regulations come into force (11 June 2010) if no date is specified.

     

    Regulation 20 requires the Secretary of State to take all necessary measures not entailing disproportionate costs to meet the long term objectives for ozone as set out in Schedule 4, and maintain those objectives that have been met.

     

    Regulation 21 requires the Secretary of State to inform the public where the information or alert threshold for the pollutants referred to in Schedule 5 are exceeded.

     

    Regulation 22 obliges the Secretary of State to ensure that the critical levels for the protection of vegetation set out in Schedule 6 is not be exceeded.

     

    PART 4 (National Exposure Reduction for PM_2.5)

     

    Regulation 23 relates to the requirement of the Secretary of State to calculate the average exposure indicator (AEI) for PM_2.5 for the UK for 2010, 2015 and 2020, and sets out the method by which the calculation should be done.

     

    Regulation 24 relates to the new national exposure reduction targets for PM_2.5, which requires PM_2.5 concentrations to be reduced by a fixed percentage across the whole of the UK, irrespective of whether limit or target values are being achieved in any given area and are to be based on average background levels over the period 2009-11. This Regulation requires that the exposure reduction target be set for the UK as a whole, and in accordance with Schedule 7.

     

    Regulation 25 sets out the duties of the Secretary of State in relation to limiting exposure to PM_2.5 in England and the UK, with a view to achieving the national target by 2020. In addition, the Secretary of State must ensure that all appropriate measures are taken to ensure that the AEI in England for 2015 does not exceed 20µg/m³, as well as in the UK.

     

    PART 5 (Plans)

     

    Regulation 26 sets out requirements for the Secretary of State to produce an action plan where limit or target values are being exceeded, with a particular action plan for PM_2.5 to be produced between 11 June 2010 and 31 December 2014. The Secretary of State must also outline how these values will be met.

     

    Regulation 27 obliges the Secretary of State to draw up short term action plans to address immediate pollution episodes or incidents.

     

    Regulation 28 requires the Secretary of State to consult the public when preparing air quality or short term action plans under Regulations 26 or 27.

    PART 6 (Public information)

     

    Regulation 29 sets out the requirements for making air quality information publicly available.

     

    Regulation 30 requires the Secretary of State to publish annual reports for all pollutants and sets out what should be included in these reports.

     

    PART 7 (General)

     

    Regulation 31 confers on the Secretary of State the power to give Directions under these Regulations to Local Authorities (LAs) in Greater London and the Mayor of London for the purposes of implementing any obligations of the UK under EU Directives 2008/50/EC and 2004/107/EC, and EU Decision 97/101/EC.

     

    Regulation 32 requires relevant administrations to notify the Secretary of State where any transboundary pollution issue (as defined in this Regulation) affects their territory, and obliges the Secretary of State to consult the relevant EU Member State as to any remedial action that might be appropriate.

     

    Regulation 33 revokes the Air Quality Standards Regulations 2007 (SI 2007/64).

     

    SCHEDULES

     

    Schedule 1 sets out in detail how sampling points for SO₂, NO₂ and NO_X, particulate matter (PM), lead, benzene and CO must be located.

     

    Schedule 2 lists the limit values referred to in Regulation 17(1) and (2).

     

    Schedule 3 sets out the target values referred to in Regulation 18(1).

     

    Schedule 4 provides for the long term objectives for ozone, as referred to in Regulations 8(1) and 20(1).

     

    Schedule 5 lists the information and alert thresholds referred to in Regulation 21.

     

    Schedule 6 lists the critical levels for the protection of vegetation referred to in Regulation 22.

     

    Schedule 7 sets out the national exposure reduction targets for PM_2.5 as referred to in Regulation 24.

     

    Schedule 8 outlines the information to be included in air quality plans, as referred to in Regulation 26(3).

     

    Schedule 9 sets out the information to be made publicly available when alert and information thresholds for SO₂, NO₂ and ozone are exceeded, as referred to in Regulation 29(2).

  Characteristics

  Subject

  Air

  Source

  OPSI (Office of Public Sector Information)

  Affected Sectors

  Cross-sector Manufacturing Transport Offices Real Estate and Public Administration Public Sector
• The National Emission Ceilings Regulations 2018 (SI 2018/129)
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  The National Emission Ceilings Regulations 2018 (SI 2018/129)

  In force/
  Current

  Legislation

  England, Northern Ireland, Scotland, UK, Wales

  Published
  30 Jan 2019

  Commentary

  05/02/2018 An explanatory memorandum was published alongside these Regulations., 23/01/2019 Amending Regulations ( SI 2019/74) published.

  Compliance Dates

  01/07/2018 Comes into force, 15/02/2019 Deadline for Secretary of State to prepare inventory of UK emissions of Schedule 1 pollutants for 2017 , 15/03/2019 Deadline for Secretary of State to prepare an informative inventory report for the pollutants listed in Table 2 of Schedule 4 for 2017, 15/03/2019 Deadline for Secretary of State to prepare and update a projection of UK emissions of SO₂, NO_X, NMVOC, NH₃, PM_2.5 and BC (if available) for 2020, 2025, 2030 (2040 and 2050 where available), 15/02/2020 Deadline for Secretary of State to prepare inventory of UK emissions of Schedule 1 pollutants for 2018, 15/03/2020 Deadline for Secretary of State to prepare an informative inventory report for the pollutants listed in Table 2 of Schedule 4 for 2018, 15/02/2021 Deadline for Secretary of State to prepare inventory of UK emissions of Schedule 1 pollutants for 2019, 15/03/2021 Deadline for Secretary of State to prepare and update a projection of UK emissions of SO₂, NO_X, NMVOC, NH₃, PM_2.5 and BC (if available) for 2025, 2030 (2040 and 2050 where available), 15/03/2021 Deadline for Secretary of State to prepare an informative inventory report for the pollutants listed in Table 2 of Schedule 4 for 2019
  01/05/2021 Deadline for Secretary of State to prepare a spatially disaggregated and large point source inventory report for the pollutants listed in Table 1 of Schedule 4 (and once every four years after this date), 15/02/2022 Deadline for Secretary of State to prepare inventory of UK emissions of Schedule 1 pollutants for 2020

  Legal Status These Regulations revoke and replace the National Emission Ceilings Regulations 2002 (SI 2002/3118), and transpose the requirements of the EU National Emission Ceilings (NEC) Directive 2016/2284/EU, which implements the obligations set out in the Convention on Long-Range Transboundary Air Pollution (LRTAP). The Regulations enter into force on 1 July 2018 and apply to England, Wales, Scotland and Northern Ireland. They have been subsequently amended by the Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (SI 2019/74), to enable the Regulations to operate effectively within the UK legal framework after the UK’s withdrawal from the EU.

  Legal Outline

  The Regulations:

  • require the Secretary of State to prepare a UK-wide inventory of emissions of specified pollutants (as set out in Table 1 of Schedule 1 each year;
  • require the Secretary of State to prepare and update a projection of emissions of SO₂, NO_X, NMVOC, NH₃, PM_2.5 and BC (if available) for 2020, 2025, 2030 (2040 and 2050 where available), insofar as those years have not yet passed;
  • set limits for anthropogenic emissions of nitrogen oxides (NO_X), non-methane volatile organic compounds (NMVOCs), sulphur dioxide (SO₂ ) and ammonia (NH₃ ). In particular, limits for 2018 and 2019 are set at:
  • 585 kt for SO₂,
  • 1167 kt for NO_X,
  • 1200 kt for NMVOC, and
  • 297 kt for NH₃;
  • establish yearly reduction commitments (from 2005 base levels) for sulphur dioxide, nitrogen oxides, NMVOCs, ammonia and fine particulate matter (PM 2.5 ) for the 2020-2029 period and from 2030 onwards:
  • in relation to SO₂, 59% for 2020-2029 and 88% from 2030,
  • in relation to NO_X, 55% for 2020-2029 and 73% from 2030,
  • in relation to NH₃, 8% for 2020-2029 and 16% from 2030, and
  • in relation to PM_2.5, 30% for 2020-2029 and 49% from 2030;
  • require the Secretary of State to ensure that in 2025, the total emissions for each pollutant does not exceed the linear reduction trajectory, except if is more efficient economically or technically not to follow the linear reduction trajectory;
  • require the Secretary of State to prepare and implement a national air pollution control programme, in relation to which they must consult the public;
  • require the Secretary of State to monitor the negative impacts of air pollution on freshwater ecosystems, natural and semi-natural habitats, and forest ecosystems and habitats.

  The Regulations also set out derogations to the achievement of the national emission reduction commitments.

   

  Characteristics

  Subject

  Air Industrial regulation

  Source

  OPSI (Office of Public Sector Information)

  Affected Sectors

  Cross-sector Agriculture Animal Boarding and Pest Control Fishing and aquaculture Forestry Mining and Quarrying Food Products Beverages And Tobacco Pulp Paper And Paper Products Coke Refined Petroleum Products And Nuclear Fuel Chemicals Chemical Products And Man-Made Fibres Other Non-Metallic Mineral Products Cement Glass Basic Metal Production and Processing Metal Steel Electricity Gas Waste and Cleaning Construction Transport Road Transport Aviation Rail Transport Shipping Public Sector
• The Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154)
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  The Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154)

  In force/
  Current

  Legislation

  England, Wales

  Published
  29 Jan 2019

  Commentary

  02/11/2017 Amending Regulations (SI 2017/1012) published.
  01/02/2018 Amending Regulations ( SI 2018/110) published.
  03/04/2018 Amending Regulations ( SI 2018/428) published.
  11/05/2018 Amending Regulations ( SI 2018/575) published., 26/11/2018 Amending Regulations ( SI 2018/1227) published., 30/11/2018 Amending Regulations ( WSI 2018/1216) published., 17/01/2019 Amending Regulations ( SI 2019/39) published.

  Compliance Dates

  01/01/2017 Comes into force

  Legal Status These Regulations replace the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675) to provide a consolidated system of environmental permitting in England and Wales. They enter into force on 1 January 2017 for England and Wales only. They revoke and amend a number of statutory instruments (see Legal Outline). They have been subsequently amended by the Conservation of Habitats and Species Regulations 2017 (SI 2017/1012), the Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (SI 2018/110), which extends permitting requirements to the operation of medium combustion plants and generators and the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (SI 2018/428). More recently, they have been amended by the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (SI 2018/575) to update some EU legislation references in relation to England only.

  LEGAL OUTLINE

  They transpose provisions of 16 EU Directives:

  • the EU Asbestos Directive 87/217/EEC;
  • the EU Stage I Petrol Vapour Recovery Directive (PVR I) 94/63/EC;
  • the EU Basic Safety Standards Directive 96/29/Euratom;
  • the EU Landfill Directive 1999/31/EC;
  • the EU End-of-Life Vehicles (ELV) Directive 2000/53/EC;
  • the EU Water Framework Directive 2000/60/EC;
  • the EU High-activity Sealed Radioactive Sources and Orphan Sources (HASS) Directive 2003/122/Euratom;
  • the EU Mining Waste Directive 2006/21/EC;
  • the EU Batteries and Accumulators Directive 2006/66/EC;
  • the EU Groundwater Directive 2006/118/EC;
  • the EU Waste Framework Directive 2008/98/EC;
  • the EU Stage II Petrol Vapour Recovery Directive (PVR II) 2009/126/EC;
  • the EU Industrial Emissions Directive 2010/75/EU;
  • the EU Waste Electrical and Electronic Equipment (WEEE) Directive 2012/19/EU;
  • the EU Energy Efficiency Directive 2012/27/EU; and
  • the EU Medium Combustion Plant Directive 2015/2193/EU.

  They have been subsequently amended by:

  • the Conservation of Habitats and Species Regulations 2017 (SI 2017/1012);
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (SI 2018/110), which extends permitting requirements to the operation of medium combustion plants and generators;
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (SI 2018/428);
  • the Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (SI 2018/575) to update some EU legislation references in relation to England only;
  • the Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (WSI 2018/1216), to update some EU legislation references in relation to Wales only;
  • the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (SI 2018/1227), to:
  • automatically include a condition for the waste operation to be managed and operated in line with a written management system for environmental permits for waste sites issued before 6 April 2008 that do not contain such a condition,
  • introduce a condition requiring waste operators to regularly provide information to the regulator demonstrating their compliance with an appropriate waste management scheme (the 2018, Version 9, CIWM/WAMITAB Operator Competence Scheme or the 2015, Version 4, Competence Management System: Requirements,
  • make changes to one exemption and one exclusion relating to flood risk activities, and
  • update provisions relating to radioactive substances activities to ensure the regime operates as intended, removing the requirement for handlers of waste radioactive sealed sources to seek advice from a radioactive waste advisor (RWA) on certain matters relating to protecting members of the public from exposure to ionising radiation; and
  • the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (SI 2019/39).

  Revocations and amendments

  These Regulations revoke:

  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2010 (SI 2010/676);
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010 (SI 2010/2172);
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2011 (SI 2011/2933);
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2014 (SI 2014/255);
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2015 (SI 2015/934);
  • the Environmental Permitting (England and Wales) (Amendment) (No. 3) Regulations 2015 (SI 2015/1756); and
  • the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2016 (SI 2016/149).

  They amend the following instruments:

  • to revoke most provisions, as part of the consolidation of the environmental permitting regime:
  • the Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538), revoking all provisions except Regulations 1, 67, 72(3), 72(4), 72(8), 72(9) and 72(11), 73 and Schedule 21 (and relevant Part 1 definitions for the purpose of these provisions), re-enacting the revocations by the Environmental Permitting (England and Wales) (Amendment) Regulations 2010 (SI 2010/675),
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (SI 2009/1799), revoking all provisions except Regulations 1 and 28(1) and Schedule 2,
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009 (SI 2009/3381), revoking all provisions except Regulations 1, 13(1) and 13(3),
  • the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675), revoking all provisions except Regulations 1, 67, 107 and Schedule 26 (and relevant Part 1 definitions for the purpose of these provisions),
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (SI 2011/2043), revoking all provisions except Regulations 1-5, 9, 16 and Schedule 2,
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2013 (SI 2013/390), revoking all provisions except Regulations 1-9 and 57,
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2013 (SI 2013/766), revoking Regulation 2(3) only,
  • the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014 (SI 2014/2852), revoking all provisions except Regulations 1-4,
  • the Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015 (SI 2015/324), revoking all provisions except for Regulations 1, 2(1) and 2(2),
  • the Environmental Permitting (England and Wales) (Amendment) Regulations 2015 (SI 2015/918), revoking all provisions except Regulations 1 and 2, and
  • the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016 (SI 2016/475), revoking all provisions, except Regulations 1-7, 29, 31-34 and Schedule 3;
  • to update references to the Environmental Permitting Regulations, including in particular in:
  • the Continental Shelf Act 1964,
  • the Nuclear Installations Act 1965,
  • the Control of Pollution Act 1974,
  • the Salmon and Freshwater Fisheries Act 1975,
  • the Highways Act 1980,
  • the Deposits in the Sea (Exemptions) Order 1985 (SI 1985/1699),
  • the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764),
  • the Civil Jurisdiction (Offshore Activities) Order 1987 (SI 1987/2197),
  • the Atomic Weapons Establishment Act 1991,
  • the Water Industry Act 1991,
  • the Water Resources Act 1991,
  • the Water Consolidation (Consequential Provisions) Act 1991,
  • the Clean Air Act 1993,
  • the Urban Waste Water Treatment (England and Wales) Regulations 1994 (SI 1994/2841),
  • the Goods Vehicles (Licensing of Operators) Act 1995,
  • the Environment Act 1995,
  • the Landfill Tax Regulations 1996 (SI 1996/1527),
  • the Petroleum Act 1998,
  • the Water Protection Zone (River Dee Catchment) Designation Order 1999 (SI 1999/915),
  • the Ionising Radiations Regulations 1999 (SI 1999/3232),
  • the Finance Act 2000,
  • the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 (SI 2000/388),
  • the Non-automatic Weighing Instruments Regulations 2000 (SI 2000/3236),
  • the Control of Pollution (Oil Storage) (England) Regulations 2001 (SI 2001/2954),
  • the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 (SI 2003/2454),
  • the End-of-Life Vehicles Regulations 2003 (SI 2003/2635),
  • the Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003 (SI 2003/2761),
  • the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (SI 2003/3242),
  • the Energy Act 2004,
  • the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (SI 2004/99),
  • the Hazardous Waste (England and Wales) Regulations 2005 (SI 2005/894),
  • the Hazardous Waste (Wales) Regulations 2005 (SI 2005/1806),
  • the Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006 (SI 2006/1256),
  • the Measuring Instruments (Automatic Catchweighers) Regulations 2006 (SI 2006/1257),
  • the Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 (SI 2006/1258),
  • the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006/1379),
  • the Radioactive Contaminated Land (Modification of Enactments) (Wales) Regulations 2006 (WSI 2006/2988),
  • the Contaminated Land (Wales) Regulations 2006 (WSI 2006/2989),
  • the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871),
  • the Persistent Organic Pollutants Regulations 2007 (SI 2007/3106),
  • the Planning Act 2008,
  • the Energy Act 2008,
  • the Cremation (England and Wales) Regulations 2008 (SI 2008/2841),
  • the Co-ordination of Regulatory Enforcement (Enforcement Action) Order 2009 (SI 2009/665),
  • the Waste Batteries and Accumulators Regulations 2009 (SI 2009/890),
  • the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (SI 2009/995),
  • the Corporation Tax (Land Remediation Relief) Order 2009 (SI 2009/2037),
  • the Mercury Export and Data (Enforcement) Regulations 2010 (SI 2010/265),
  • the Conservation of Habitats and Species Regulations 2010 (SI 2010/490),
  • the River Mersey (Mersey Gateway Bridge) Order 2011 (SI 2011/41),
  • the Waste (England and Wales) Regulations 2011 (SI 2011/988),
  • the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824),
  • the Renewable Heat Incentive Scheme Regulations 2011 (SI 2011/2860),
  • the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (SI 2012/1715),
  • the Climate Change Agreements (Eligible Facilities) Regulations 2012 (SI 2012/2999),
  • the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038),
  • the Scrap Metal Dealers Act 2013,
  • the Brechfa Forest West Wind Farm Order 2013 (SI 2013/586),
  • the Hinkley Point C (Nuclear Generating Station) Order 2013 (SI 2013/648),
  • the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013 (SI 2013/2258),
  • the Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113),
  • the Defence Reform Act 2014,
  • the East Anglia ONE Offshore Wind Farm Order 2014 (SI 2014/1599),
  • the Rampion Offshore Wind Farm Order 2014 (SI 2014/1873),
  • the Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (SI 2014/2384),
  • the North Killingholme (Generation Station) Order 2014 (SI 2014/2434),
  • the Clocaenog Forest Wind Farm Order 2014 (SI 2014/2441),
  • the South Hook Combined Heat and Power Plant Order 2014 (SI 2014/2846),
  • the Able Marine Energy Park Development Consent Order 2014 (SI 2014/2935),
  • the Walney Extension Offshore Wind Farm Order 2014 (SI 2014/2950),
  • the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014 (SI 2014/3223),
  • the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (SI 2014/3263),
  • the Willington C Gas Pipeline Order 2014 (SI 2014/3328),
  • the Hornsea One Offshore Wind Farm Order 2014 (SI 2014/3331),
  • the Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (SI 2015/318),
  • the Ship Recycling Facilities Regulations 2015 (SI 2015/430),
  • the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (SI 2015/462),
  • the Control of Major Accidents Hazards Regulations 2015 (SI 2015/483),
  • the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596),
  • the Nitrate Pollution Prevention Regulations 2015 (SI 2015/668),
  • the Knottingley Power Plant Order 2015 (SI 2015/680),
  • the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (SI 2015/810),
  • the White Moss Landfill Order 2015 (SI 2015/1317),
  • the Hazardous Waste (Miscellaneous Amendments) Regulations 2015 (SI 2015/1360),
  • the Swansea Bay Tidal Generating Station Order 2015 (SI 2015/1386),
  • the Preesall Underground Gas Storage Facility Order 2015 (SI 2015/1561),
  • the Progress Power (Gas Fired Power Station) Order 2015 (SI 2015/1570),
  • the Hirwaun Generating Station Order 2015 (SI 2015/1574),
  • the Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (SI 2015/1592),
  • the Ferrybridge Multifuel 2 Power Station Order 2015 (SI 2015/1832),
  • the Large Combustion Plants (Transitional National Plan) Regulations 2015 (SI 2015/1973),
  • the Port Talbot Steelworks Generating Station Order 2015 (SI 2015/1984),
  • the National Grid (Hinkley Point C Connection Project) Order 2016 (SI 2016/49),
  • the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations (WSI 2016/58),
  • the Palm Paper Mill Generating Station Order 2016 (SI 2016/166),
  • the Thorpe Marsh Gas Pipeline Order 2016 (SI 2016/297),
  • the Water Resources (Control of Pollution) (Oil Storage) (Wales) Regulations 2016 (WSI 2016/359),
  • the Onshore Hydraulic Fracturing (Protected Areas) Regulations 2016 (SI 2016/384),
  • the York Potash Harbour Facilities Order 2016 (SI 2016/772),
  • the Meaford Gas Fired Generating Station Order 2016 (SI 2016/779),
  • the North Wales Wind Farms Connection Order 2016 (SI 2016/818),
  • the Hornsea Two Offshore Wind Farm Order 2016 (SI 2016/844),
  • the River Humber Gas Pipeline Replacement Order 2016 (SI 2016/853), and
  • the Triton Knoll Electrical System Order 2016 (SI 2016/880);
  • the Environmental Protection Act 1990, to update references to the Environmental Permitting Regulations and make a change to a provision relating to waste operations requiring marine licences or exempt from such requirement under specified provisions;
  • the Contaminated Land (England) Regulations 2006 (SI 2006/1380), to update references to the Environmental Permitting Regulations and make slight changes to definitions relating to mobile plants; and
  • the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (SI 2009/1927), to update references to the Environmental Permitting Regulations and update the definition of ‘competent authority’ to correspond to the relevant fire and rescue authority under the Fire and Rescue Services Act 2004.

  Characteristics

  Subject

  Air Industrial regulation Waste Water

  Source

  OPSI (Office of Public Sector Information)

  Affected Sectors

  Cross-sector Agriculture Animal Boarding and Pest Control Mining and Quarrying Oil Manufacturing Food Products Beverages And Tobacco Textiles And Clothing Leather And Leather Products Wood And Wood Products Pulp Paper And Paper Products Coke Refined Petroleum Products And Nuclear Fuel Chemicals Chemical Products And Man-Made Fibres Plastics Cement Glass Basic Metal Production and Processing Metal Steel Aluminium Fabricated Metal Products Machinery And Equipment Not Elsewhere Classified (Engineering) Electrical And Optical Equipment Transport Equipment (Vehicles Manufacture and Repair) Manufacturing not classified elsewhere Recycling Pharmaceuticals/Health Products Consumer Goods Water Electricity Gas Waste and Cleaning Publishing Printing and Mass Media