New publications this month:
ENVIRONMENT AGENCY
Beta version of updated IED derogation cost-benefit analysis tool
A beta version of this tool has been issued, which includes January 2019 air quality damage costs. This tool is to be used when applying for a derogation against the requirements of the Industrial Emissions Directive.
WEEE: evidence and national protocols guidance
Guidance on how Authorised Approved Treatment Facilities (AATFs) and Approved Exporters (AEs) of waste electrical and electronic equipment (WEEE) can issue evidence of recovery and recycling of this waste has been updated.
COVID-19 regulatory position statements
Two further temporary regulatory position statements have been issued to address the impact of COVID-19 restrictions. Expiry dates applicable are listed in each statement.
The following three statements were updated during May 2020:
Regulatory Position Statements
The expiry date of the following statement has been extended until 31 January 2021:
DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)
Domestic private rented property: minimum energy efficiency standard - landlord guidance
This guidance has been updated to reflect that landlords may no longer let or continue to let domestic private properties that do not achieve grade E on the energy performance certificate (EPC) scale.
MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
Coronavirus (COVID-19): planning update
This document provides guidance on temporary changes to the planning system in England due to the COVID-19 outbreak.
Planning: Consultation and pre-decision matters
Guidance is provided on temporary changes to publicity requirements and consultation for developments in England during the COVID-19 emergency period.
Coronavirus (COVID-19): Energy Performance Certificates
This guidance has been updated to reflect changes to COVID-19 restrictions and guidance in England and Wales.
SEPA, NATURAL RESOURCES WALES, DEPARTMENT OF AGRICULTURE, ENVIRONMENT & RURAL AFFAIRS (DAERA), NORTHERN IRELAND ENVIRONMENT AGENCY (NIEA)
Guidance for Pollution Prevention (GPP) 25: Hospitals and healthcare establishments
Guidance on pollution prevention is provided for public and private facilities, sites and establishments provide healthcare and associated services. This includes hospitals, health centres, community healthcare, general practitioner (GP) surgeries, dental services, long-term care facilities, hospices, pharmacies and veterinary practices.
This guidance is targeted at these premises in Scotland, Wales and Northern Ireland only.
SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)
Managing waste during COVID-19: Information for waste producers
Temporary guidance is provided for producers of waste in Scotland during the COVID-19 outbreak.
Managing waste during COVID-19: Information for the waste management sector
Temporary guidance is provided for Scottish waste management operators during the COVID-19 outbreak.
Temporary Regulatory Position Statements and Guidance due to COVID-19
The following temporary regulatory position statements were published by SEPA during May 2020. These reflect challenges during the COVID-19 outbreak. These concern the management of household waste in Scotland:
WELSH GOVERNMENT
Guidance to local authorities on re-opening recycling centres: COVID-19
Local authorities are advised on measures that should be undertaken to re-open household waste and recycling centres during the COVID-19 pandemic. These facilities were allowed to re-open in Wales from 18 May 2020.
Amendments to pre-application consultation procedures, Community Council Consultation and Developments of National Significance
This document provides guidance on temporary changes to the planning system Wales due to the COVID-19 outbreak.
DAERA
Guidance on maintaining drinking water quality when reinstating water supplies following temporary closure
Guidance is provided on water supply risks and their control for businesses reopening after the COVID-19 outbreak.
BREXIT UPDATE
During May 2020, the UK Government published its draft intended text of a UK-EU free trade agreement. This is supported by a series of Annexes to the draft agreement, concerning matters including energy, air transport, fisheries and civil aviation safety.
The European Commission published its own text (Draft Text of the Agreement on the New Partnership with the United Kingdom) in March 2020, with differing expectations. In general, the UK Government’s draft is less specific on the environmental topics it covers and the commitments made.
Any trade agreement implemented would apply from the end of the post-Brexit transition period, which is due to end on 31 December 2020 at the time of writing.
Additionally, the UK’s Approach to the Northern Ireland Protocol was published in May 2020. This does not include specific expectations on the environment bar a restatement of the commitment to continue to apply EU sanitary and phytosanitary rules in Northern Ireland.
DRAFT UK-EU COMPREHENSIVE FREE TRADE AGREEMENT (CFTA)
The UK and EU would need to agree to the contents of this draft and ratify it for its requirements to come into force. An overview of draft environmental commitments is provided below.
General Principles of Environmental Law and Protection
The agreement would broadly commit both the UK and EU to maintaining levels of environmental protection that are in place at the end of the transition period. The following draft commitments are also included:
- The right to regulate on environmental matters including climate change and animal health and welfare. (safety, public health) This includes through setting environmental policies, levels of environmental protection and adopting or modifying its laws (in accordance with international agreements, as applicable).
- To encourage high levels of environmental protection and to strive to improve them.
- To enhance enforcement of environmental labour law, while respecting the associated international agreements.
- To prohibit actions to weaken, reduce, derogate, waive or fail to enforce environmental law in order to encourage trade or investment.
- To provide access to environmental justice.
- To ensure the conservation and sustainable management of forests, including trade in associated products
- To apply the precautionary principle on environmental protection.
The draft agreement also establishes arrangements to resolve disputes or disagreements regarding environmental protection between the parties.
Environmental Cooperation
Under the draft agreement, the UK and EU would be required to cooperate on trade-related environmental issues, including:
- Potential impacts of the agreement on the environment and how this should be addressed;
- Activities in international forums regarding trade and environmental policies;
- Environmental elements of corporate social responsibility;
- Trade impacts of environmental regulations and standards;
- Trade and investment in environmental goods and services (e.g. green technologies);
- Trade-related aspects of conservation and sustainable use of biological diversity;
- Promoting the life-cycle management of goods, including extended producer responsibility, carbon accounting, recycling and reduction of waste;
- Improving the understanding of the environmental effects of economic activity and market forces; and
- Exchanging views on the relationship between international agreements and trade rules.
Promotion of Sustainable Development
Proposed commitments on environmental protection are also set out:
- To promote sustainable development, including through environmental policies.
- To cooperate and promote trade supporting sustainable development, including environmental development. Measures to achieve listed in the draft agreement include:
- Voluntary sustainability schemes for goods and services;
- Best practices for corporate social responsibility;
- Encouraging the consideration of sustainability in private and public consumption decisions; and
- Environmental performance goals.
- To promote trade and investment in environmental goods and services.
- A Committee on Trade and Sustainable Development would be formed to oversee the agreement.
Sanitary and Phytosanitary Measures
The draft agreement includes suggested measures to protect human, animal and plant life or health and the environment while facilitating trade. This includes:
- To cooperate on animal welfare, the fight against antimicrobial resistance and on international standard setting bodies.
- To communicate sanitary and phytosanitary measures on products effectively between the UK and EU (including emergency measures), while applying them efficiently.
- To recognise animal health and plant pests and associated pest or disease free and affected areas in the UK and EU.
- To continue implementing international standards, guidelines and recommendations on sanitary and phytosanitary measures.
Draft Text for an Agreement on Energy
Energy and climate change are subject to a separate draft Annex for agreement between the UK and EU. Draft obligations under this draft are more specific. This includes the following commitments relevant to climate change and the environment:
- The continued application of the 2015 Paris Agreement on climate change, specifically committing to:
- holding the increase in global average temperature to well below 2ºC below pre-industrial levels; and
- pursuing efforts to limit the temperature increase to 1.5ºC below pre-industrial levels.
- To enable each party to establish their own climate change priorities, law and policies to comply with international climate change agreements.
- To ensure that laws and policies encourage high levels of climate protection and to continue improve this where possible.
- To support trade or investment in goods and services relevant to climate change mitigation or renewable energy.
- For the UK and EU to cooperate on:
- policies, rules and measures supporting the Paris Agreement;
- the transition to low greenhouse gas emission and climate-resilient development;
- trade related aspects of international climate change;
- domestic policies and programmes relating to climate change mitigation and adaptation (including regarding carbon markets, energy efficiency improvement and low carbon or other climate friendly technologies);
- trade and investment in renewable energy and energy efficiency goods and services.
- For future UK-EU energy collaboration, including on the development of offshore wind, electricity and gas trading and interconnectors, hydrogen networks and carbon capture and storage.
- To consider linking any future UK emissions trading system with the EU Emissions Trading Scheme (EU ETS).
Arrangements for consultation, cooperation and dispute settlement between the UK and EU are also stated.
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