Hazardous Substances and Product Safety

SI Title

Laid Date

Policy Area

Summary

Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2018

01/11/18

Product Safety and Hazardous Substances

The purpose of this instrument is to remedy deficiencies in UK legislation relating to tobacco and nicotine inhaling products, or failures of that UK legislation to operate effectively, which would arise from the withdrawal of the UK from the European Union (EU), in the event of no deal. It also amends one piece of related EU tertiary legislation and revokes four pieces of related EU tertiary legislation which will no longer have any application to the UK after withdrawal. 'EU tertiary legislation' refers to delegated acts and implementing acts made under powers contained in EU legislation (such as regulations or directives). The instrument is made under powers in the European Union (Withdrawal) Act 2018. As a responsible government, we will continue to proportionately prepare for all scenarios, including the unlikely outcome that we leave the EU without any deal in March 2019. This purpose of this Statutory Instrument is to ensure that, in the unlikely scenario that the UK leaves the EU with no deal, there will continue to be a functioning statute book on exit day which maintains continuity in relation to tobacco control policy and legislation.

Control of Mercury (Amendment) (EU Exit) Regulations 2018

08/11/18

Product Safety and Hazardous Substances

This instrument amends Regulation EU 2017/852 of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008 to enable its continued operability as retained EU law under the European Union (Withdrawal) Act 2018, following the UK's withdrawal from the European Union. There are corrections to some provisions of the EU legislation relating to legislative functions which will be made in a subsequent statutory instrument.

Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018

19/11/18

Product Safety and Hazardous Substances

These Regulations ensure that European Union ('EU') derived health and safety protections will continue to be available in Northern Ireland domestic law after the United Kingdom ('UK') has left the EU. These Regulations do not make any policy changes beyond the intent of ensuring continued operability of the relevant legislation.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

29/11/18

Product Safety and Hazardous Substances

The European Union (Withdrawal) Act 2018 will convert the text of directly applicable EU legislation into domestic instruments. This instrument ensures that both converted EU legislation on ship recycling and ship recycling facilities and existing secondary legislation will remain legally operable when the United Kingdom (UK) has withdrawn from the EU. The instrument corrects a number of deficiencies which will arise as a result of EU withdrawal.

Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2018

04/12/18

Product Safety and Hazardous Substances

This instrument intends to address deficiencies in the operation of retained European Union ( EU ) law as provided for by the European Union (Withdrawal) Act 2018. Specifically, this instrument is intended to remedy deficiencies in: The Justification of Practices Involving Ionising Radiation Regulations 2004 (the Justification Regulations ); The Radioactive Contaminated Land (Enabling Powers) (England) Regulations 2005, and The Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (together the RCL Regulations ); The Radioactive Contaminated Land Regulations (Northern Ireland) 2006 ( the NI RCL Regulations ); The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 ( the EIAD Regulations ).

Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

14/01/19

Product Safety and Hazardous Substances

Whilst negotiations are ongoing to develop a future relationship with the EU that delivers in our national interest, the Department must take a responsible approach in preparing for all scenarios, including the outcome that we leave the EU without any deal in March 2019. This instrument is being made as a contingency measure to ensure that the UK has a functioning statute book that will ensure certainty irrespective of the outcome of the negotiations. In the continued absence of a Northern Ireland Executive, UK Government Ministers have decided that in the interests of legal certainty, the UK will take through the necessary amendments to Northern Ireland legislation at Westminster. This is being done in consultation with the Northern Ireland departments. This instrument amends references and definitions contained within 15 items of Northern Ireland primary and secondary legislation (those amended in Schedules 1 and 2) to correct deficiencies that would arise on EU Exit, so they can continue to function appropriately. For example, this includes adaptations to reflect the fact that the UK will no longer be an ˜EEA State' or a ˜Member State'. The majority of these are minor reference changes and will ensure that the legislation will continue to function as it did before EU Exit day.

Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

21/01/19

Product Safety and Hazardous Substances

This instrument is made using powers in the European Union (Withdrawal) Act 2018( the Withdrawal Act ) to address deficiencies in retained EU law in relation to chemicals and genetically modified organisms (GMOs) legislation arising from the withdrawal of the United Kingdom (UK) from the European Union (EU). This instrument ensures that UK chemicals and GMO regulations will continue to operate effectively at the point at which the UK leaves the EU ( Exit ). This instrument does not make any policy changes beyond the intent of ensuring continued operability of the relevant legislation.

Regulated Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

11/02/19

Product Safety and Hazardous Substances

The purpose of the Statutory Instrument (SI) is to ensure Northern Ireland legislation relating to regulated products listed below continues to operate effectively after the United Kingdom UK leaves the European Union œEU: The Genetically Modified Food Regulations (Northern Ireland) 2004. The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2012. The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013. The Novel Foods Regulations (Northern Ireland) 2017. The SI makes a number of minor and technical amendments to these regulations to deal with deficiencies arising from the withdrawal of the UK from the EU. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to regulated products legislation in Northern Ireland.

Pressure Vessels (Amendment) (Northern Ireland) (EU Exit) Regulations 2020

02/07/20

Product Safety and Hazardous Substances

The Protocol on Ireland / Northern Ireland in the withdrawal agreement ( the Protocol ) requires that the EU legislation listed in Annex 2 to that Protocol is implemented in Northern Ireland. Annex 2 includes Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (OJ L 96, 29.3.201, p, 45) ( the SPV Directive ); it also includes Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (OJ L 189, 27.6.201, p. 164) (the PE Directive ). The SPV Directive was implemented on a UK wide basis by the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092) ( SPV Regulations ). The PE Directive was similarly implemented on a UK wide basis by the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105) ( the PE Regulations ). Both of these sets of Regulations have been amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union but those amendments prospectively (with effect from IP completion day) only extend to England and Wales and Scotland. These Regulations amend the SPV and PE Regulations in respect of Northern Ireland only to make sure that the SPV and PE Directives and the Protocol are implemented in respect of Northern Ireland.

Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020

28/09/20

Product Safety and Hazardous Substances

These Regulations are made in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16). They deal with matters arising out of, or related to, the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement ( the Protocol ). These Regulations amend the Tobacco Products and Nicotine Inhaling Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/41) to take account of the inclusion of Directive 2014/40/EU in Annex 2 to the Protocol. The amendments are needed to ensure that the Tobacco and Related Products Regulations 2016 (which implemented the Directive) (S.I. 2016/507) will continue to function after IP completion day, and also to update the transitional provision made to allow certain products that have been placed on the market in the United Kingdom before IP completion day to continue to be supplied in Great Britain on and after that day. These Regulations also amend the Electronic Cigarettes (Fees) Regulations 2016 (S.I. 2016/521) and the Tobacco and Related Products (Fees) Regulations 2017 (S.I. 2019/409) so that a single notification and annual reporting fee remains payable if a product is to be supplied in both Great Britain and Northern Ireland.

Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020

13/10/20

Product Safety and Hazardous Substances

The two main purposes of this instrument are firstly to ensure that, with respect to product safety and metrology, the Protocol on Ireland/Northern Ireland in the Withdrawal Agreement ( the Protocol ) is implemented, including provisions with regard to the UK(NI) Indication and unfettered access for qualifying Northern Ireland goods. Its second main purpose is to re-correct deficiencies arising out of the United Kingdom s withdrawal from the European Union. This instrument does this by setting out the form of the UK(NI) Indication in Schedule 1 and by making amendments to EU Exit legislation, which is not yet in force, as well as making amendments to a number of pieces of product safety and metrology legislation (which covers products ranging from lifts and machinery to toys and cosmetics) as they apply in Northern Ireland on the one hand and Great Britain on the other. The instrument will complement changes being made by other (negative) statutory instruments which will provide a product safety and metrology framework for Northern Ireland that meets the terms of the Protocol.

Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020

14/10/20

Product Safety and Hazardous Substances

This instrument transfers legislative functions that are currently conferred upon the European Commission by Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment ( the RoHS Directive ), to be exercisable instead by the Secretary of State in relation to England and Wales and Scotland after the end of the EU Exit transition period. It amends the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (S.I. 2012/2032) ( the RoHS Regulations ) as they apply in England and Wales and Scotland, to set out in domestic legislation a list of restricted substances and tables of exemptions from the restriction in regulation 3(1) of those Regulations, corresponding with provisions in the RoHS Directive. It also makes amendments to the RoHS Regulations and the Packaging (Essential Requirements) Regulations 2015 (S.I. 2015/1640) ( the Packaging Regulations ) to help ensure the UK meets its obligations under the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement ( the Protocol ) in respect of placing on the market requirements for packaging and the restriction of the use of certain hazardous substances in electrical and electronic equipment.

Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020

27/11/20

Product Safety and Hazardous Substances

This instrument is made for the enforcement in the United Kingdom of Regulation (EC) 1222/2009 on the labelling of tyres, principally to introduce domestic penalties for non-compliance with the requirements. This includes failing to display a label and displaying false information with new replacement tyres at the time of sale. This instrument will also provide that Regulation (EU) 2020/740, which repeals and replaces Regulation (EC) 1222/2009 on 1st May 2021, is enforceable in Northern Ireland from 1st May 2021. As the UK has left the EU under the terms of the Withdrawal Agreement, the retention of EU law will take place at the end of the transition period. The provisions in this instrument ensure that the retained EU law will continue to function effectively. They will also disapply the mandatory obligation on manufacturers and distributors to include the EU emblem on tyre labels in Great Britain and enable the display of the Union flag in place of the EU emblem.

Product Safety (Toys and Cosmetics) and Metrology (Measuring and Non-automatic Weighing Instruments) (Amendment) (EU Exit) Regulations 2020

10/12/20

Product Safety and Hazardous Substances

The purpose of this instrument is to correct minor errors and clarify drafting in two recently laid EU Exit instruments: (1) the Product Safety & Metrology etc (Amendment etc) (UK(NI) Indication) (EU Exit) Regulations 2020 (œthe Product Regulations GB). Amongst other things, this affirmative instrument implements the UKs approach on qualifying Northern Ireland goods, in relation to the products covered by the instrument, ensuring that they have unfettered access to the rest of the UK market; and (2) the Product Safety & Metrology etc (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112) (the Product Regulations NI). This earlier negative instrument places the Protocol on Ireland / Northern Ireland in the Withdrawal Agreement (œthe Protocol) on a legal footing for product safety and metrology frameworks, whilst recognising the UK has left the European Union, as required at the end of the Transition Period. It does this by amending various pieces of product safety and metrology legislation, as it applies in Northern Ireland.

 
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