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The UK Government has opened a consultation on a proposed UK carbon emissions tax with public submissions due by 29 September 2020.

The UK will no longer be participating in the EU Emissions Trading System (EU ETS), as of 31 December 2020. To enable the UK to meet its carbon reduction targets from 1 January 2021, the Government has proposed the establishment of a UK Emissions Trading Scheme (UK ETS), which would be preferably linked to the current EU ETS (as has, eventually, been done by Switzerland’s greenhouse gas emissions trading system). Subject to the success of negotiations on a linked UK/EU ETS, the UK has proposed an unlinked UK ETS or a proposed UK carbon emissions tax, by way of an alternative.

The carbon emissions tax would be intended to align with the EU ETS in regards to emissions monitoring, reporting and verification and apply to regulated installations currently participating in the EU ETS that exceed their annual tax emission allowance.Continue Reading Consultation now open for proposed UK Carbon Emissions Tax

The European Commission is currently seeking public comment as part of its review of the EU General Product Safety Directive (GPSD) (Directive 2001/95/EC).

The GPSD sets out a broad regulatory framework for the placement of non-food consumer products (not regulated by other product specific EU legislation) on the EU market. In particular, it establishes the general safety requirement, that producers must only place safe products on the EU market, and requires that appropriate steps are taken where there are risks to consumers. The GPSD also established the EU Rapid Alert System (Safety Gate), a platform for communication between EU member states and the European Commission on dangerous products. The GPSD must be transposed into the national law of all EU member states, and subsequently there may be some variations between jurisdictions.
Continue Reading Comments sought on review of the EU General Product Safety Directive

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

The European Commission is seeking feedback on a proposed initiative to revise the EU Non-Financial Reporting Directive (NFRD) (EU Directive 2014/95/EU), with submissions due by 27 February 2020.

The NFRD requires certain large companies to annually disclose a range of non-financial information, including in relation to the environment, social and employee matters, human rights,

The end of the current Energy Savings Opportunity Scheme (ESOS) compliance period (and associated notification by the end date of 5 December 2019) is fast approaching in the UK. The next ESOS compliance period commences on 6 December 2019 and will require companies to assess if they are within scope of the ESOS.

Introduced under the Energy Savings Opportunity Scheme Regulations 2014, the ESOS transposes the energy audit requirements from the EU Energy Efficiency Directive (2012/27/EU) into national law, and prescribes mandatory assessment and auditing requirements for large companies (or small or medium-sized companies where they are in a corporate group with a large company).Continue Reading Next ESOS compliance period commencing

The European Commission has recently adopted a range of new mandatory ecodesign obligations, which include ecodesign and energy efficiency requirements for energy related products in the EU, pursuant to the EU Ecodesign Framework Directive (Directive 2009/125/EC).
Continue Reading Introduction of new ecodesign measures for energy related products in the EU

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?