GLOSSARY

Framework Directive definition

What does Framework Directive mean?

Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services, as amended by Directive 2009/140/EC of the European Parliament and of the Council.

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EU REACH—substances in mixtures and articles

EU REACH—substances in mixtures and articles Brexit 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. From IP completion day, EU REACH no longer applies in Great Britain. In Great Britain, a new regime, UK REACH applies. For more information, see Practice Note: Brexit—chemicals and hazardous substances—REACH. Background to REACH The REACH regime regulates chemical substances, mixtures and articles within the EU. Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (the REACH Regulation) came into force on 1 June 2007. The REACH Regulation applies to all substances (including those in mixtures and in articles) which are manufactured or imported into the EU in quantities of one tonne or more per year. For more information, see: • REACH—overview • Practice Notes: ◦ EU REACH—objectives and scope ◦ EU REACH: Regulation 1907/2006—snapshot Overview of REACH The REACH regime stands for the registration, evaluation, authorisation and restriction of chemicals and is regulated at the EU level by the European Chemicals Agency (ECHA). The aim of REACH is to ensure that those who place chemicals on the market obtain information on the

Challenging decisions of the UK communications regulator

Challenging decisions of the UK communications regulator This Practice Note considers appeals against decisions made by the communications regulator in the UK, Ofcom. In this context, it takes account of relevant UK law, considers the establishment and functions of Ofcom and the ways in which Ofcom’s regulatory decisions may be challenged at the Competition Appeal Tribunal (CAT) (and subsequently the Court of Appeal), and/or the High Court. Applicable legislation The UK legislation is based on the EU regulatory framework on electronic communications (the Framework), which was originally established in 2002 with the aim of strengthening competition by facilitating market entry and stimulating investment in the electronic communications sector. The Framework consisted of a number of directives, the primary one being Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive). This was supported by Directive 2002/20/EC (the Authorisation Directive), Directive 2002/19/EC (the Access Directive), Directive 2002/22/EC (the Universal Services Directive) and Directive 2002/58/EC (the ePrivacy Directive). In 2009, these directives were amended by Directive 2009/140/EC (the Better Regulation Directive) and Directive 2009/136/EC (the Citizens’ Rights Directive). The Framework Directive was designed to deal with divergences between Member States and aimed to establish a harmonised framework for the regulation of electronic communications networks and services. Key aspects of the Framework Directive for the purposes of this Practice Note are: • it established rules that govern

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What is the meaning of the terms ‘Electronic Communications Network’, ‘Electronic Communications Service’, and ‘Communications Providers’?

What is the meaning of the terms ‘Electronic Communications Network’, ‘Electronic Communications Service’, and ‘Communications Providers’? The EU's regulatory framework for the regulation of electronic communications networks (ECNs) and electronic communications services (ECSs) (the Framework) is a series of rules which apply throughout EU Member States. The Framework comprises a number of Directives and Regulations (seeTelecommunications—overview and Practice Note: EU regulatory framework for electronic communications [Archived]). These include Directive 2002/21/EC (the Framework Directive). Two of the most important terms used in the Framework are the terms ECN and ECS. These terms are defined in Article 2 of the Framework Directive. These definitions are used widely today and replace previous definitions focused on the term ‘telecoms’. ECNs ECNs are defined very broadly as: 'transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed’ It is important to note that while the definition does not

What is a consumer?

What is a consumer? Based on the standard dictionary definition, a ‘consumer’ is a person who purchases goods and services for personal use. However in a legal environment depending on legislative instrument where it is used, this definition may differ and sometimes the changes between particular pieces of legislation are quite subtle. Therefore it is important to check the relevant law or regulation, such as the Consumer Rights Act 2015 (CRA 2015) in the UK for the respective definition. EU law There is no consistent and uniform definition of consumer in EU law and there are also variances among the Member States, partly as a result of transposing EU directives into national legislation. In the current EU consumer acquis each EU instrument defines the notion of consumer separately for its own purposes. Those definitions essentially converge but some differences do exist. Under the most recent framework, Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive, a consumer should be any natural persons who are acting outside their trade, business, craft or profession. The definition is therefore a negative one. However, in the case of dual purpose contracts where the contract is concluded for purposes partly within and partly outside the person’s trade and the trade purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer.

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Environment Agency’s decision to reclassify waste operation as disposal upheld (R (on the application of New Earth Solutions (West) Ltd) v Environment Agency)

Environment analysis: The High Court refused an application for judicial review by New Earth Solutions (West) Ltd (NESW) of the Environment Agency’s (EA) decision to withdraw a consent for the transfrontier shipment of waste from the UK to Norway. The EA had initially granted a consent on the basis that the waste was being exported for recovery, but subsequently decided that the waste was being exported for disposal and withdrew the consent. The case is a helpful illustration of the difficulties in distinguishing between ‘recovery’ and ‘disposal’ operations for waste, particularly as the EA and the Norwegian Environment Agency had different views on the issue. It is also a useful reminder to potential claimants in judicial review proceedings of the difficulties in challenging decisions of expert regulators such as the EA, and the degree of discretion that they have in making decisions. Written by Angus Evers, partner at Shoosmiths LLP.

Environment weekly highlights—28 July 2022

This week's edition of Environment weekly highlights includes analysis on the decision in Friends of the Earth Ltd v Secretary of State for Business, Energy and Industrial Strategy, which held that the Net Zero Strategy is unlawful, amendment of the Civil Procedure Rules to reflect the introduction of environmental review proceedings and the XPS Pensions Group’s study on the approach of fiduciary managers of pension schemes to climate change. In addition, this week the Department for Environment, Food & Rural Affairs opened a consultation on the draft National Air Pollution Control Programme and has confirmed that legislation has been introduced which strictly manages, controls and protects Eurasian beavers in England, the Environmental Audit Committee announced that it will investigate how best to scale up a sustainable and resilient domestic timber sector, Natural England published its 2022–23 action plan, and the Environment Agency has convened the National Drought Group.

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