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PRACTICE NOTES
Mandatory energy labelling in the UK In Great Britain (GB)mandatory energy labelling is regulated by: • Energy Information Regulations 2011 (EIR 2011), • Energy Information (Amendment) Regulations 2018 (as applicable in GB) and • Assimilated Regulation (EU) 2017/1369 (2017 Regulation) In Northern Ireland (NI), the EIR 2011 applies alongside EU Regulation (EU) 2017/1369. There are material differences between the GB and NI regimes, including the product-specific measures that apply. For information on energy labelling in the context of GB ecodesign see the following Practice Notes: • GB Ecodesign of products—manufacturers, importers and authorised representatives • GB Ecodesign of products—offences, sanctions and enforcement • GB Ecodesign of products—manufacturers, importers and authorised representatives • GB Ecodesign of products—responsibilities of suppliers and dealers Scope of the Regulations EIR 2011 apply to energy-related products that : • have an impact on energy consumption when being used, and • are placed on the market or put into service for the first time EIR 2011 do not apply to second-hand products, unless they are imported into GB from a
PRACTICE NOTES
Title Assimilated Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (Text with EEA relevance) (Assimilated Regulation) Entry into Force 15/07/2019 (Date pub. +20) art 22 Repeals Regulation (EC) 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC Legislation in England and Wales Legislation in England and Wales has been made in relation to the Assimilated Regulation, see Legislation in England and Wales.The Persistent Organic Pollutants (Various Amendments) Regulations 2019, SI 2019/1099 make amendments to existing legislation to align it with the Assimilated Regulation and they are in force partly on 15 July 2019 and fully on 12 August 2019.The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020, SI 2020/1358 are made in order to address failures of retained EU law to operate effectively following IP completion day. Subject Persistent organic pollutants Background to the Assimilated POPs Regulation In October
PRACTICE NOTES
Title Assimilated Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast) (GB PIC Regulation). Entry into Force 1 January 2021 Subject Hazardous substances, chemicals. Background to the GB PIC Regulation Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast) (EU PIC Regulation) replaces the previous Prior Informed Consent Regulation (EC) No 689/2008 concerning the export and import of dangerous chemicals (Previous PIC Regulation) and applies from 1 March 2014. The objectives of the EU PIC Regulation are to implement the UN Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention), which promotes shared responsibility and co-operative efforts in the international movement of hazardous chemicals, in order to protect human health and the environment from potential harm and contribute to the environmentally sound
PRACTICE NOTES
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. For details on arrangements relating to CE and UKCA marking, the changes introduced by the Waste (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2019, SI 2019/188, the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, SI 2020/1647, the Product Regulation and Metrology etc (Amendment) Regulations 2024, SI 2024/696, and divergences post-Brexit, see Practice Note: GB Restriction of hazardous substances (GB RoHS)—scope—Brexit. RoHS Regulations 2012 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (RoHS Regulations 2012) implement the provisions of Directive 2011/65/EU on the Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS 2). RoHS
PRACTICE NOTES
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. For details on transitional arrangements relating to CE and UKCA marking, the changes introduced by the Waste (Miscellaneous Amendments) (EU Exit) (No 2) Regulations 2019, SI 2019/188, the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020, SI 2020/1647, the Product Regulation and Metrology etc. (Amendment) Regulations 2024, SI 2024/696, and divergences post-Brexit, see: GB Restriction of hazardous substances (GB RoHS)—scope—Brexit. RoHS Regulations 2012 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (RoHS Regulations 2012) implement the provisions of Directive 2011/65/EU on the Restrictions of the use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS 2). RoHS 2 replaced the
PRACTICE NOTES
RoHS Regulations 2012 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, SI 2012/3032 (RoHS Regulations 2012) implement the provisions of Directive 2011/65/EU on the Restriction of the use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS 2). RoHS 2 replaced the previous RoHS Directive 2002/95/EC, which was implemented in the UK by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2006, SI 2006/1463 and later by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2008, SI 2008/37 (the Original RoHS Regulations). The RoHS Regulations 2012 impose obligations on economic operators throughout the supply chain (eg manufacturers, importers or distributors) in relation to the placing and making available of electrical and electronic equipment (EEE) on the market and came into force on 2 January 2013, replacing the Original RoHS Regulations. Following IP completion day, there are differences in how the RoHS Regulations 2012 apply in GB and Northern Ireland. For
PRACTICE NOTES
Title Assimilated Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (GB CLP Regulation) Repealing (after a transitional period—on 1 June 2015) —Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, and—Council Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations Amending Assimilated Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (UK REACH). For the amendments, see Assimilated Regulation (EC) 1272/2008, Art 57-59.) Entry into force 1 January 2021 Subject Classification, labelling and packaging of substances and mixtures Background to the GB Classification, Labelling and Packaging Regulation Trade in substances and mixtures is not only an issue relating to the market in Great Britain
PRACTICE NOTES
What are pesticides and biocides? Pesticides and biocides are chemicals or organisms used to control pests such as harmful or unwanted animals, plants, fungi, viruses or bacteria which cause damage. The term ‘pesticide’ is often used interchangeably with ‘plant protection product’, however ‘pesticide’ can have a broader meaning and may incorporate biocidal products. The term ‘plant protection product’ refers specifically to pesticides which protect crops or other plants, typically used in the agricultural sector as well as in forestry and public and private horticulture. Plant protection products (PPPs) and biocides can cause significant water pollution and land contamination, particularly if they enter surface water or groundwater. Concerns are sometimes also raised about their effects on human health. Plant protection products (PPPs) PPPs contain at least one component that works against pests/plant diseases, called an ‘active substance’, and have one of the following functions: • protect plants or plant products against pests/diseases, before or after harvest • influence the life processes of plants (such as substances influencing their growth, excluding nutrients) • preserve
PRACTICE NOTES
Title Assimilated Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 Entry into force 9 June 2014 but applies from 1 January 2015 Implementing legislation in England and Wales The Fluorinated Greenhouse Gases Regulations 2015, SI 2015/310 sets out certification, evaluation and attestation requirements, as well as the offences and penalties applicable to infringements of Regulation (EU) No 517/2014.The Fluorinated Greenhouse Gases (Amendment) Regulations 2018, SI 2018/98 make changes, including providing for civil penalties to replace all existing criminal offences for fluorinated greenhouse gases (F-gases) in England from 1 April 2018, with the exception of the offence for intentionally releasing F-gases. In addition, from 22 February 2018, an additional offence is introduced in relation to the disclosure of information held by Revenue and Customs. Subject Fluorinated greenhouse gases, air quality GB legislation to control fluorinated greenhouse gases The following legislation controls emissions from fluorinated
PRACTICE NOTES
Title Assimilated Regulation (EC) 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer Entry into force 20 November 2009; but it applied from 1 January 2010 (Article 31) England and Wales implementation Ozone-Depleting Substances Regulations 2015, SI 2015/168 Subject Protection of the ozone layer What are ozone-depleting substances? Ozone-depleting substances (ODS) are man-made chemicals that cause damage to the stratospheric ozone layer, which protects the earth from harmful ultraviolet radiation. They include chlorofluorocarbons (CFCs), halons, hydrochlorofluorocarbons (HCFCs), carbon tetrachloride and methyl bromide. ODS have been used in refrigerators, air conditioners, fire extinguishers, aerosol propellants, solvents and blowing agents for insulation foams. Background to the GB ODS Regulation The UK is a party to the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. The Vienna Convention is a framework convention, aimed at: • restricting activities likely
NEWS
Great British Energy (GBE) has launched a market engagement and expression of interest process on the potential development of a UK major component replacement (MCR) hub for floating offshore wind, marking the next phase of its work on the proposed hub. The work forms part of GBE’s Deepwater Wind Commercialisation Programme and is intended to address operational and maintenance challenges as UK floating offshore wind deployment increases. GBE says major component failure presents a material cost and downtime risk, with current solutions relying on campaign-based mobilisation of heavy-lift cranes and suitable port space, while marine licences for ad hoc campaigns can further increase downtime risk and cost. The emerging concept is a market-led, UK port-based hub supporting tow-to-port major component replacement, likely combining dedicated berthing, heavy-lift crane capability and a coordinating entity. Indicative assumptions include an initial single hub, likely in Scotland, becoming operational around 2031, although GBE states that the proposed model remains subject to market engagement. The exercise is for information-gathering only and is not a procurement or funding process. GBE does not intend to own or operate the hub and has made no decision to provide public funding, investment or other support. Responses are due by 16 October 2026.
NEWS
Great British Energy (GBE) has launched the £1bn Energy Engineered in the UK (EEUK) programme to strengthen domestic clean energy supply chains and support long-term economic growth. The programme includes the immediate opening of a £300m GBE Supply Chain Fund: Offshore Wind & Networks to address critical manufacturing bottlenecks, alongside the creation of a new Deepwater Wind Commercialisation Programme to accelerate deployment of floating and deepwater offshore wind technologies. Further detail on the remaining £700m of EEUK investment will be announced in 2026.