TRADE AND COOPERATION AGREEMENT BETWEEN THE EU, EUROPEAN ATOMIC ENERGY COMMUNITY AND THE UNITED KINGDOM
The Trade and Cooperation Agreement between the EU and UK was reached on 24 December 2020 and came into force at the end of the post-Brexit transition period on 31 December 2020.
This summary reflects changes of interest to the environment only.
What has changed?
The Agreement aims to set out the future relationship between the EU and UK, while providing a framework for future agreements. Elements of the agreement are relevant to the environment and climate change.
Level Playing Field and Competition
The Agreement applies conditions in order to ensure a level playing field for open and fair competition, to ensure that trade and investment take place in a way conducive to sustainable development.
Effectively, environmental protection may not be reduced from the current levels where this impacts on trade. Should either party apply higher standards of protection if the other does not, ‘rebalancing measures’ may be applied. These measures would be used to address any trading advantage the party with lower standards may gain.
A panel of experts will be established to monitor whether the UK or EU have regressed in standards.
Future environmental policy must take relevant scientific and technical information, international standards, guidelines and recommendations into account.
Environmental Regulation
Neither the UK or EU may weaken or reduce (in a manner affecting trade or investment between the UK and EU) levels of environmental or climate protection below that in place on 31 December 2020. This includes any future commitments made through targets already in place.
The Agreement includes a general commitment to strive to increase levels of environmental and climate protection.
The Agreement does not prevent either party from applying additional regulation for a variety of purposes, including to protect occupational health and safety; public safety; the environment; energy security or to address climate change.
Energy
The UK and EU are required to cooperate regarding the security of electricity and natural gas supplies. Both parties are required to assess risks on supply security, while communicating and coordinating on risk preparedness and emergency planning.
Energy infrastructure connecting the UK and EU must receive timely development and be interoperable. Interconnectors between the UK and EU must be used efficiently.
Energy Sustainability and Renewables
The UK and EU are required to promote energy efficiency and the use of renewable source energy. The agreement commits the UK to targets under the National Energy and Climate Plan.
Both the UK and EU are required to support electricity from renewable sources where this is integrated with the electricity market. Support for bioliquids, biofuels and biomass should only take place where robust criteria for sustainability and greenhouse gas emissions saving are met.
The UK and EU are required to cooperate on the development of offshore renewable energy projects, including by sharing best practices. A specific EU-UK forum must be established to achieve this.
The UK and EU are required to cooperate in the development of international standards on energy efficiency and renewable energy.
Energy subsidies may not be used to relieve organisation’s from their liabilities as a polluter.
Offshore Risk and Safety
Information is required to be shared to ensure the safety and environmental protection of offshore oil and gas operations, including preventing major accidents.
Energy Pricing
Energy goods or raw materials may not be sold to the other party at prices greater than for the domestic market.
Carbon Pricing
The UK and EU are required to maintain effective systems of carbon pricing.
Principles of Environmental and Climate Regulation
The UK and EU commit to the following five principles:
The EU and UK also commit to continued application of environmental impact assessments and strategic environmental assessment for projects, plans and programmes.
Multi-lateral Environmental Agreements
Articles 8.4, 8.5, 8.6, 8.7, 8.8, 8.9 and 8.10 of the Agreement reaffirm various international commitments, including the Paris Agreement on Climate Change, Convention on Biological Diversity and on trade in timber and timber products.
Aviation
Heading two, Title I of the Agreement concerns air transport. This aims to apply shared and cross-compatible arrangements for air transport and safety.
Health Security
The UK and EU are required to inform each other of serious cross-border threats to heath. This includes biological, chemical or environmental hazards that are life-threatening or otherwise serious. Where these threats exist, the EU may grant the UK access to the Early Warning and Response System (EWRS).
Chemicals
Annex TBT-3 applies requirements on the trade, regulation, import and export of chemicals.
Both parties must continue to apply the Global Harmonised System (GHS) of classification and labelling for chemicals. The UK or EU must provide the other party the opportunity to express views on proposed classifications.
EUROPEAN UNION (FUTURE RELATIONSHIP) ACT 2020
The European Union (Future Relationship) Act 2020 implements Trade and Cooperation Agreement between the UK and EU (‘Trade and Cooperation Agreement’) in part. This agreement was reached on 24 December 2020 and came into force on 31 December 2020.
Non-food Product Safety Information
Part 2 provides ongoing arrangements for the disclosure of non-food product safety information supplied by the European Commission or by UK authorities to the European Commission. These disclosures may be undertaken to ensure health and safety, protect consumers and/or ensure protection of the environment.
Use of Relevant International Standards
Schedule 4 amended legislation that sets out minimum standards on a range of products, including:
The amendments made revise references to standards for product conformity purposes. These allow the application of national standards adopted by the UK or international standards adopted by an international standardising body.
These international standardising bodies are those defined under the World Trade Organisation’s 1994 Agreement on Technical Barriers to Trade.
Access to International Road Haulage Markets
Licences required for international road haulage by UK hauliers must satisfy requirements under Annex Road-1 to the Trade and Cooperation Agreement.
Data from electronic registers of Great British and Northern Irish tachograph data may be disclosed where required by the Trade and Cooperation Agreement.
Powers to make Regulations regarding the Movement of Goods into or out of the UK
From 1 March 2021 the Act allows regulations to be made requiring monitoring or the control of goods that pose or might pose a risk to public health or public safety, national security or the environment.
PROTOCOL ON IRELAND/NORTHERN IRELAND (DEMOCRATIC CONSENT PROCESS) (EU EXIT) REGULATIONS 2020
The Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 amended the Northern Ireland Act 1998 on 10 December 2020.
These regulations apply to Northern Ireland only.
What will change?
These regulations implement the mechanism for obtaining democratic consent in Northern Ireland to continue to apply the Protocol on Ireland and Northern Ireland (also known as the Northern Ireland Protocol). The protocol was agreed alongside the Brexit Withdrawal Agreement and avoids a hard border between Ireland and Northern Ireland by keeping Northern Ireland in the EU single market.
Democratic Consent Process
The Northern Ireland Protocol requires the Northern Ireland Assembly to vote periodically (commencing 31 December 2024) to either extend or end Northern Ireland’s alignment with EU law. This is termed the ‘democratic consent process’.
Amendments by the Protocol on Ireland/Northern Ireland (Democratic Consent Process) (EU Exit) Regulations 2020 apply legal arrangements for the democratic consent process in Northern Ireland.
Articles 5 to 10 of the Northern Ireland Protocol will cease to apply if a vote by Northern Ireland’s political representatives concludes they are no longer desirable. The first consent process will take place in late 2024 and will be repeated every four or eight years depending on whether consent (if given) is given on a simple majority or a cross-community basis respectively.
If the Assembly does not pass the consent resolution by a simple majority, Northern Ireland’s alignment with EU law will come to an end two years later. If the Assembly passes the consent resolution, then Northern Ireland’s alignment with EU law will continue.
New publications this month:
FORESTRY COMMISSION
Wood packaging material for import and export
This guidance has been updated to reflect rules on the export and import of wooden packaging from 1 January 2021:
Wooden packaging material imported from Northern Ireland to Great Britain will not need to be treated under ISPM.
DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)
Participating in the UK Emissions Trading Scheme (UK ETS)
Guidance has been launched on participation with the UK ETS, which will operate from 1 January 2021. This follows in the footsteps of the EU ETS, but this cap and trade system will be administered at a UK level.
Complying with the UK Emissions Trading Scheme (UK ETS) as an aircraft operator
UK ETS guidance is provided for aircraft operators.
UK Emissions Trading Scheme (UK ETS): apply for an Emissions Monitoring Plan
Guidance is provided on applying for an emissions monitoring plan, which is required for aircraft operators.
UK Emissions Trading Scheme (UK ETS): Aircraft Operators: apply for free allocation
Guidance is provided on how aircraft operators can apply for free allocations under the UK ETS.
Climate Change Agreements: statutory guidance and Climate Change Agreements: technical annex
Updated guidance is provided on climate change agreement scheme, which has been extended until 31 March 2025.
MacKay Carbon calculator
This calculator allows users to create pathways to find out how the UK might reduce its greenhouse gas emissions to achieve net zero emissions by 2050.
Shipping radioactive sources between the UK and EU
Requirements applicable from 1 January 2021 are described in this document.
DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS
Trading CITES-listed specimens through UK ports and airports
Guidance on the movement of live animals and animal products has been updated, to reflect arrangements from 1 January 2021.
BEIS, OFFICE FOR PRODUCT SAFETY AND STANDARDS & DEFRA
Regulations: Timber and FLEGT licences
Guidance on trading in timber and timber-related products has been updated, to reflect arrangements in place from 1 January 2021.
HM REVENUE AND CUSTOMS
Climate change agreements: information to report to HMRC from 1 January 2021
Information is provided on reporting that must be undertaken under climate change agreements from 1 January 2021, where your organisation receives than €500,000 a year in state aid.
ENVIRONMENT AGENCY
Packaging waste: producer responsibilities
Guidance has been updated to reflect packaging recycling targets for 2020 through 2022. This also reflects that no target for recovery of waste will apply from 2021. Guidance for accredited reprocessors or exporters of packaging waste has also been updated accordingly.
Waste quality protocols review
The Environment Agency is reviewing the 13 waste quality protocols. This document confirms the outcomes of reviews to date and details of the programme of ongoing and forthcoming reviews.
Waste: import and export
Guidance on how to undertake the transfrontier shipment of waste has been updated to reflect the impact of the end of the post-Brexit transition period.
Passive dewatering: regulatory position statement
Guidance is given on passive dewatering operations and when these operations do not require a water abstraction licence.
Water cycle studies
Guidance on provided on the preparation of water cycle studies where these are needed to support developments and development plans.
MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
A guide to air conditioning inspections in buildings
This guidance has been updated to reflect changes to the Energy Performance of Buildings (England and Wales) Regulations 2012.
NATURAL ENGLAND
Trapping wild birds: standard licence conditions (GL33)
This general licence has been updated. Conditions specified must be followed to trap wild birds during 2021.
MARINE MANAGEMENT ORGANISATION (MMO)
Marine Licensing: impact assessments
This guidance, which concerns how to undertake impact assessments in support of marine licence applications, has been updated to reflect the impacts of the UK’s departure from the EU.
Unlicensed waste operator ordered to pay fines and costs
A man has been found guilty of waste offences in his absence.
The man was directed to stop by a multi-agency operation staged at Buzz Bingo in Nottingham on 26 September 2019. The man was driving a Ford transit flatbed vehicle at the time of the stop.
Officials found that the vehicle was carrying waste including a tree stump, branches, plastic wrapping, a fence panel and concrete and rubble.
The defendant was given a letter advising him to register as a waste carrier within 10 days. However, a further check on the database on 14 October 2019 showed that no records of a registration had taken place.
Breach
The man was found guilty of breaching Section 1(1) of the Control of Pollution (Amendment) Act 1989.
Penalty
The man was fined £1,100, ordered to pay costs of £2,107.84 and a victim surcharge fee of £110.
Man fined after hindering probe into illegal waste in Kent
A building contractor has been convicted after failing to provide assistance to a criminal investigation.
The man came to the attention of the Environment Agency when the regulator was looking into the illegal dumping of thousands of bales of mixed waste in a warehouse in Kent.
Information obtained by the investigating officers led them to believe the man was likely to hold documents that would assist the wider enquiry.
The Environment Agency wrote to the man in 2019, asking him to supply the papers. Two weeks were given to respond, but the man did not make contact with officers.
When the deadline to reply passed, officers sent a second letter, repeating their request. However, despite the letter clearly stating failure to respond was obstruction and could result in prosecution, officers heard nothing back.
Investigators left a contact card at the man’s address at the end in September 2019, almost 2 months after first trying to make contact with him. This request was also ignored.
A further visit took place in October, when officers were finally able to speak to the man. He was given a copy of the original letter and told the seriousness of the matter, and the importance of responding to the officers’ request. However, he still failed to make any contact with the agency or provide the requested information.
The man was fined £660 for ‘failing to provide facilities or assistance or any information or to permit any inspection’ in relation to a criminal investigation. He was also ordered to pay the Environment Agency’s full legal and investigation costs of £2,793.93 and a victim surcharge of £66.
Waste crime offender ordered to pay £2.1 million following confiscation case
A convicted waste crime offender has been ordered to pay more than £2 million following a confiscation case brought by the Environment Agency.
The man had previously received a 26-month custodial sentence in May 2018 for operating an illegal waste site at Ridgeway Park Farm near Pershore between 2011 and 2014. He was initially prosecuted for 6 offences where waste totalling about 25,000 cubic metres was either dumped, buried or burned at the farm.
Worcester Crown Court heard that the defendant had grown his business and had invested in various properties, land and cars. He also owned a large selection of expensive items of heavy plant hire which he hired, bought and resold.
The Judge ruled that a Trust set up by the defendant was a sham and that money held in a bank account operated by the Trust, along with a property, formed part of his criminal benefit. The Judge also determined that Bruce had used a bank account operated by a proxy company to hide his ongoing unlawful activity and used it as he would his own business accounts.
Confiscation
The offender was ordered to pay £2,101,708.
The man has been given 3 months to pay and will face 7 years in jail if he fails to do so.
