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The European Commission has recently launched a public consultation on the proposed review of the EU Waste Shipment Regulation (WSR) (EU Regulation No 1013/2006).

The current WSR regulates the transboundary movement of waste and establishes a strict control regime for the shipment of waste between EU Member States and non-EU countries, and the transport of waste within the EU, in accordance with international laws (i.e., the Basel Convention).

The review initiative is in accordance with the policy objectives of both the European Green Deal and the new EU Circular Economy Action Plan, which emphasize the need to review the EU rules on the transboundary movement of waste, in particular the export of waste outside of the EU and the movement of waste for recycling or preparation for reuse within the EU. In accordance with the proposed review, the European Commission has identified the need to address the following issues:Continue Reading European Commission review of the EU Waste Shipment Regulation

Following recent announcements by the UK government on how the UK economy will gradually re-open, we are pleased to share a short publication with you that highlights some of the key health, safety and workplace management topics that UK employers may need to consider as we get businesses up and running again.

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Five years after its first iteration, yesterday (11 March 2020), the European Commission launched its new Circular Economy Action Plan (CEAP) as part of the overall European Green Deal.

The CEAP contains many proposals.  We will explore others (including those relating to batteries, packaging, plastics, textiles, ‘safe-by-design’ chemicals, non-financial reporting and shipment of waste) in separate posts.

For now, here is a brief outline of some of the more eye-catching proposals from a ‘sustainable products’ – in particular, electronics – perspective.
Continue Reading New EU Circular Economy Action Plan and Sustainable Product Policy

Biffa Waste Services Ltd (Biffa) has been fined for breaching Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 after containers of paper for recycling were found to be contaminated with household waste. The fine was £350,000 plus an additional £240,000 in costs.

In 2015, Biffa had arranged for shipments of waste paper to be transported to delivery sites in Shenzhen and Guangdong. When the containers were inspected by the Environment Agency (EA) at the port of Felixstowe, UK, they were found to be heavily contaminated with a variety of household waste, including shoes, plastic bags, videotape, electric cable, latex gloves and laminate flooring.Continue Reading Breach of shipment of waste regulations leads to £590,000 in fines and costs

Several years ago, we wrote a detailed article explaining the new, tougher approach in the UK to the sentencing of environmental offences committed by large companies.

That article, from 2015 (see: https://www.reedsmith.com/en/perspectives/2015/10/uk-courts-get-tough-on-environmental-crime-sentenc), focussed on the Court of Appeal’s decision in R v. Thames Water Utilities Ltd [2015] EWCA Crim 960.Continue Reading UK Court of Appeal reaffirms new, tougher stance on sentencing for environmental pollution offences

This blog post provides a brief summary on the commencement of the Streamlined Energy and Carbon Reporting regime which has introduced mandatory corporate reporting obligations for relevant UK companies.

Introduced by the Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018, the SECR regime is a complex and comprehensive new corporate reporting regime that requires relevant UK organisations to report on their annual energy use, greenhouse gas emissions, energy efficiency measures and other associated information. While some companies that fall under the scope of the SECR regime may already report on emissions, a number of the reporting requirements will be completely new. It is therefore important that companies take the time to understand whether the SECR regime will apply and ensure the appropriate internal frameworks are in place for compliance.Continue Reading Will the SECR regime apply to your organisation under the new corporate reporting regime in the UK?

This blog post provides a brief commentary on the transboundary movement of waste case of Conti 11 v. the Land of Lower Saxony, Germany (Case C689-17).

The law on the international shipment of waste is of increasing importance to many global businesses. The Reed Smith Environmental, Health & Safety team regularly handles cases on this subject involving sectors such as oil and gas, mining, consumer electronics, ship recycling and offshore renewables, as well as many others. Case law in this complex area is sparse.

On 16 May 2019, the European Court of Justice (ECJ) gave judgment in a case concerning the status of waste resulting from a fire on board a ship. The case warrants closer attention than its seemingly narrow scope and clear outcome might suggest.Continue Reading Important questions left unanswered as rare ECJ case rules that debris from a fire on board a ship is excluded from international shipment of waste rules

The final report of the Independent Review of the Modern Slavery Act 2015 carried out by Frank Field MP, Maria Miller MP and Baroness Butler-Sloss, has been published. It is available here (https://www.gov.uk/government/publications/independent-review-of-the-modern-slavery-act-final-report). Should the government take up the proposals, the Modern Slavery Act could be significantly amended to become more robust. There are over 80 recommendations across the four areas the report considered: the role of the independent anti-slavery commissioner, transparency in supply chains, independent child trafficking advocates and the legal application of the Modern Slavery Act.
Continue Reading Modern Slavery Act independent review – final report published: significant change is on the way