by Hardwick Legal | Oct 15, 2020 | Purpose Built (LexisNexis)
<article><section><p>Environment analysis: Simon Tilling, Partner and head of environmental law at Burges Salmon LLP considers the current UK-EU negotiating position on key environmental issues, the alignment of UK laws with EU-laws and non-regression, the potential impact of the Internal market Bill on these issues and what to expect moving forward.</p><h2>What are the current UK and EU negotiating positions on key environmental issues such as emissions trading, chemicals and REACH?</h2><p>We should start by remembering that the environmental sector was largely pro-EU in the 2016 referendum campaign, no doubt informed by the fact that so much of the legal framework for the protection of the environment comes from the EU, and the knowledge that many of the big environmental issues facing us today need to be tackled on a global scale. This thinking has continued to endure within some rather optimistic views on what a free trade agreement might achieve in ‘locking in’ environmental protection by coupling us to an increasingly ambitious European Commission green agenda.</p><p>The political reality is rather different. Take the EU REACH Regulation on chemicals. Over the past decade, the European Chemicals Agency has received vast quantities of scientific data from industry on the chemicals placed on the EU single market in quantities over one tonne p.a. That data is used by the European Chemicals Agency and all of the chemicals agencies within member states to evaluate the potential hazards of those chemicals. Both the chemicals industry and environmental campaigners have been arguing that it is absurd to replicate this in the UK, rather than to align UK chemicals regulation with EU REACH and share that data. The cost to industry of replicating the database in the UK has been estimated at one billion pounds even before the question arises of how the UK agency (the HSE) will evaluate it all.</p><p>On 1 October this year, the Chancellor of the Duchy of Lancaster, Michael Gove, was asked on the floor of the House of Commons </p></section></article>
Source: LexisNexis Purpose Built
Brexit and the environment—current state of play
by Hardwick Legal | Oct 6, 2020 | Purpose Built (LexisNexis)
<article><section><p>Environment analysis: The Waste (Circular Economy) Regulations 2020 are in force from 1 October 2020. This News Analysis considers the background, scope and key changes implemented through these regulations.</p><p>The Waste (Circular Economy) (Amendment) Regulations 2020, <a href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/610K-RJM3-CGXG-0205/linkHandler.faces?psldocinfo=Waste__Circular_Economy___Amendment__Regulations_2020_News_Analysis&linkInfo=F%23GB%23UK_SI%23num%252020_904s_Title%25&A=0.2965258649448892&bct=A&risb=&service=citation&langcountry=GB" target="_parent">SI 2020/904</a>, are in force from 1 October 2020. These regulations transpose the EU’s 2020 Circular Economy Package (CEP) in England and Wales, and partially for Scotland and Northern Ireland.</p><h2>What is the background to the Waste (Circular Economy) (Amendment) Regulations 2020?</h2><p>Global waste is currently projected to reach 3.4 billion tonnes annually by 2050. Waste generation causes harmful effects to humanity, wildlife and the environment. Increased waste generation depletes raw materials and pollutes land, water and air.</p><p>In 2015, the European Commission published proposals to amend six EU Waste Directives, including <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/610K-RJM3-CGXG-0205/linkHandler.faces?psldocinfo=Waste__Circular_Economy___Amendment__Regulations_2020_News_Analysis&linkInfo=F%23GB%23EU_DIR%23num%2532008L0098%25&A=0.7629122702111358&bct=A&risb=&service=citation&langcountry=GB" target="_parent">Directive 2008/98/EC</a>, the Waste Framework Directive (WFD), <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/610K-RJM3-CGXG-0205/linkHandler.faces?psldocinfo=Waste__Circular_Economy___Amendment__Regulations_2020_News_Analysis&linkInfo=F%23GB%23EU_DIR%23num%2531999L0031%25&A=0.4177959119318909&bct=A&risb=&service=citation&langcountry=GB" target="_parent">Directive 1999/31/EC</a>, the Landfill Directive (LFD), and <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/610K-RJM3-CGXG-0205/linkHandler.faces?psldocinfo=Waste__Circular_Economy___Amendment__Regulations_2020_News_Analysis&linkInfo=F%23GB%23EU_DIR%23num%2531994L0062%25&A=0.9075363516811861&bct=A&risb=&service=citation&langcountry=GB" target="_parent">Directive 94/62/EC</a>, the Packaging Waste Directive (PPWD). Known collectively as the CEP, the proposals entered into force on the 4 July 2018. The objectives of the CEP are to reduce the adverse impacts of waste generation and the overall impacts of resource use by ensuring appropriate application of the waste hierarchy, by placing restrictions on landfilling and incineration and also by changes to the arrangements affecting hazardous waste and waste oils.</p><p>The <a data-sf-ec-immutable="" href="https://ec.europa.eu/environment/circular-economy/index_en.htm" target="_blank" title="Opens in a new window">CEP</a> introduced a revised legislative framework and established a long-term plan for waste management and recycling. For more information see Practice Note: <a data-sf-ec-immutable="" href="https://www.lexisnexis.com/uk/lexispsl/environment/document/412012/610K-RJM3-CGXG-0205/linkHandler.faces?psldocinfo=Waste__Circular_Economy___Amendment__Regulations_2020_News_Analysis&ps=null&bct=A&homeCsi=0&A=0.3158248653710809&urlEnc=ISO-8859-1&&dpsi=0OLN&remotekey1=DOC-ID&remotekey2=0OLN_2758581&service=DOC-ID&origdpsi=0S4D">Waste—the circular economy</a>.</p><p>In tandem with the CEP, in 2019 the Circular Economy Action Plan (CEAP) was published, which introduced initiatives for the life cycle of products, targeting their design, promoting circular economy processes, fostering sustainable consumption, and aiming to ensure that resources used are kept in the EU economy for as long as possible. The CEAP was published as part of the <a data-sf-ec-immutable="" href="https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal_en" target="_blank" title="Opens in a new window">European Green Deal</a>. For more information on the CEAP see News Analysis: <a ></a ></p></section></article>
Source: LexisNexis Purpose Built
Waste (Circular Economy) (Amendment) Regulations 2020—News Analysis
