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CAA charge proposal delay

CAA charge proposal delay (link)

The CAA recognises the enormous impact that the COVID-19 pandemic is having on the aviation and aerospace industries. For this reason, it delayed the increase to its scheme of charges for an initial period of three months, to 30 June 2020. Having reviewed this decision in light of the ongoing challenges faced by the sector, the CAA Board has agreed to a further delay to any increase for another three months.

Source: CAA.

By WCS : 25 Jun 2020

SSI 2020/182 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 4) Regulations 2020

SSI 2020/182 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 4) Regulations 2020 (link)

These Regulations amend the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020. 

Source: HMSO.

By WCS : 25 Jun 2020

SI 2020/603 The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020

SI 2020/603 The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(1) and (2)(a) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends the Environment (Amendment etc.) (EU Exit) Regulations 2019, which, in regulation 4, amends the Pollution Prevention and Control Act 1999 (c.24). Regulation 2(2) amends the extent provisions in regulation 1(2) of the Environment (Amendment etc.) (EU Exit) Regulations 2019 to make clear that the provision made by regulation 2(3) of these Regulations extends to England and Wales only. Regulation 2(3) revokes regulation 4(3)(b)(ii) of the Environment (Amendment etc.) (EU Exit) Regulations 2019 and inserts a new paragraph (iii) after that revoked paragraph in England and Wales. Regulation 2(4) further amends those Regulations to revoke subordinate legislation in consequence of the amendments made by regulation 2(3) of these Regulations.

Source: HMSO.

By WCS : 24 Jun 2020

Air conditioning and ventilation during the coronavirus outbreak

Air conditioning and ventilation during the coronavirus outbreak (link)

The HSE has recently published guidance on air conditioning and ventilation systems during the coronavirus outbreak.

Source: HSE.

By WCS : 23 Jun 2020

MGN 305 (M and F) Amendment 1 Barring of INMARSAT ship earth station procedures

MGN 305 (M and F) Amendment 1 Barring of INMARSAT ship earth station procedures (link)

This Marine Guidance Note has recently been amended. It advises about the potential consequences of non-payment for services provided to a ship by Land Earth Stations (LES) operating in the INMARSAT system.

Source: MCA.

By WCS : 22 Jun 2020

MGN 562 (M and F) Amendment 2 Radio regulations & GMDSS radio updates

MGN 562 (M and F) Amendment 2 Radio regulations & GMDSS radio updates (link)

This Marine Guidance Note has recently been updated by the Maritime and Coastguard Agency (MCA). It details changes made in the radio regulations (Appendix 17 and 18) which came into force 1st January 2017 affecting VHF and HF radio.

Source: MCA.

By WCS : 22 Jun 2020

Regulating Offshore Oil and Gas Installations during the Coronavirus (Covid-19) Outbreak - Offshore site visits by verifiers to meet EU ETS obligations

Regulating Offshore Oil and Gas Installations during the Coronavirus (Covid-19) Outbreak - Offshore site visits by verifiers to meet EU ETS obligations (link)

BEIS OPRED has recently published a statement on its position regarding offshore site visits by verifiers to meet EU ETS obligations during the COVID-19 outbreak.

Source: BEIS OPRED.

By WCS : 22 Jun 2020

Open Consultation: Implementation of MLC 2018 amendments

Open Consultation: Implementation of MLC 2018 amendments

The Maritime and Coastguard Agency (MCA) is currently seeking views on UK proposals for implementation of amendments to the Maritime Labour Convention, 2006 (MLC) adopted in 2018. The amendments ensure that while seafarers are held captive as a result of piracy or armed robbery, their seafarer employment agreement (SEA) remains in force and they must continue to be paid.

The consultation closes at 11pm on 3rd August 2020.

Further details can be found here.

Source: MCA.

By WCS : 19 Jun 2020

SI 2020/549 The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2020

SI 2020/549 The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2020 (link)

The Regulations amend the Wireless Telegraphy (Exemption and Amendment) Regulations 2010. The Regulations exempt the establishment, installation and use of certain devices which comply with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006.

Source: HMSO.

By WCS : 18 Jun 2020

SI 2020/559 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2020

SI 2020/559 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2020 (link)

These Regulations amend the Misuse of Drugs Regulations 2001 to provide for a specified cannabis-based medicine called Epidyolex to be placed in Schedule 5 of the Regulations. The effect of this is that the specified medicine is exempt from the prohibitions on import, export and possession under sections 3 and 5 of the Misuse of Drugs Act 1971.

Source: HMSO.

By WCS : 18 Jun 2020

MMO Compliance and Enforcement Strategy

Compliance and Enforcement Strategy (link)

The strategy sets out the Marine Management Organisation's overall approach to achieving compliance.

Source: MMO.

By WCS : 18 Jun 2020

SI 2020/558 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020

SI 2020/558 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 3) Regulations 2020 (link)

These Regulations further amend the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. They amend regulation 4 to permit certain businesses to open for the training of elite athletes. They amend regulation 5 to clarify that places of worship and community centres may be used to provide early years childcare. Regulation 6 is replaced by a prohibition on staying overnight in a place other than where a person lives, without reasonable excuse. Regulation 7 is replaced by more detailed provision on prohibited gatherings, and amendments are made to Schedule 2. Consequential amendments are made to regulation 8 to reflect the amendments to regulations 6 and 7, and transitional and saving provision is made by regulation 3 of these Regulations.

Source: HMSO.

By WCS : 18 Jun 2020

SI 2020/588 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020

SI 2020/588 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 4) Regulations 2020 (link)

These Regulations further amend the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 to permit the opening of retail businesses and certain outdoor attractions, to enable churches to open for private prayer by individuals, to make provision for linked households, and to permit certain gatherings.

Source: HMSO.

By WCS : 18 Jun 2020

Closed Consultation: Recasting the Merchant Shipping Life-Saving Appliances Regulations

Closed Consultation: Recasting the Merchant Shipping Life-Saving Appliances Regulations

The MCA held a consultation seeking views on the proposed recast of the Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III to VI(A)) Regulations 1999 between October and December 2019.

Full details of the final responses can be found here.

Source: MCA.

By WCS : 18 Jun 2020

Request for Information Regarding Status of Trained Oil Spill Response Personnel and Oil Pollution Emergency Plan Exercises for 2019

Request for Information Regarding Status of Trained Oil Spill Response Personnel and Oil Pollution Emergency Plan Exercises for 2019 (link)

BEIS OPRED has published a notice relating to the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998.

The 'Responsible Person' under these regulations and the holder of an Oil Pollution Emergency Plan is required to provide BEIS with information regarding the status of trained oil spill response personnel as well as details of all exercises undertaken for the 2019 year.

An electronic copy of responses should be sent to BEIS no later than 19th August 2020 at bst@beis.gov.uk.

A link to the template return spreadsheet can be found here and full details can be found using the link above.

Source: BEIS OPRED.

By WCS : 18 Jun 2020

Thorough examination and testing of equipment during the coronavirus outbreak

Thorough examination and testing of equipment during the coronavirus outbreak (link)

The HSE has recently published guidance for businesses who may find it difficult to carry out their legal duty to do thorough examination and testing of equipment during the COVID-19 outbreak.

Source: HSE.

By WCS : 16 Jun 2020

OGA to track and monitor industry progress towards new emissions targets

OGA to track and monitor industry progress towards new emissions targets (link)

The Oil and Gas Authority (OGA) has welcomed the oil and gas industry’s commitment to becoming a net zero emissions basin by 2050 and halving operational emissions in the next decade.

Source: OGA.

By WCS : 16 Jun 2020

Waste: import and export

Waste: import and export (link)

This guidance details the controls that apply if you ship waste into or out of the UK.

The Environment Agency (EA) has updated the document to clarify the refund amount and explain the rules that apply to waste import and export now that we have left the EU.

Source: EA. 

By WCS : 15 Jun 2020

Notification of disused pipelines form

Notification of disused pipelines Form (link)

The Disused Pipeline Notification (DPN) Form required when taking pipeline(s) out of use is currently being updated by BEIS. A copy can be made available on request at odu@beis.gov.uk

Source: BEIS.

By WCS : 15 Jun 2020

HSE Safety Alert STSU1 - 2020 - Use of face masks designated KN95

HSE Safety Alert STSU1 - 2020 - Use of face masks designated KN95 (link)

A substantial number of face masks, claiming to be of KN95 standards, provide an inadequate level of protection and are likely to be poor quality products accompanied by fake or fraudulent paperwork. These face masks may also be known as filtering facepiece respirators.

KN95 must not be used as PPE at work as their effectiveness cannot be assured.

Source: HSE.

By WCS : 12 Jun 2020

SAC Noise Guidance 2020

SAC Noise Guidance 2020 (link)

This guidance document lays out JNCC, Natural England and DAERA's advice on the assessment of significant disturbance in UK Special Areas of Conservation (SACs) for harbour porpoise.

Source: JNCC, Natural England and DAERA-NI.

By WCS : 11 Jun 2020

ED Offshore Inspection Guide – Aviation (Helideck Operations)

ED Offshore Inspection Guide – Aviation (Helideck Operations) (link)

The HSE has published a new Offshore Inspection Guide relating to Helideck Operations aimed primarily at ED Inspectors. 

This guide outlines an approach to inspection of duty holder's arrangements for aviation safety and the current key areas that inspectors should consider when inspecting this topic offshore. It also sets out criteria for satisfactory and unsatisfactory performance against which the duty holder performance may be rated for each of these areas. References are made to technical standards and guidance that inspectors will use to form opinion for legal compliance. 

Source: HSE. 

By WCS : 10 Jun 2020

MIN 620 (M) Update on online oral exams and future issue of Notice of Eligibilities during the COVID-19 lockdown period

MIN 620 (M) Update on online oral exams and future issue of Notice of Eligibilities during the COVID-19 lockdown period (link)

This MIN provides further information on the process relating to the online oral examination and the order in which they will be prioritised. The MIN also provides information on the process for applying for a Notice of Eligibility (NOE) and the order in which they will be issued once those who have had their oral exam cancelled have had a chance to rebook.

Source: MCA.

By WCS : 10 Jun 2020

MIN 612 (M and F) Amendment 3 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels

MIN 612 (M and F) Amendment 3 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels (link)

This MIN sets out the policy of the MCA with respect to UK Vessels which are prevented from arranging the Surveys, Inspections and Audits required for compliance with the relevant Statutory Instruments due to the ongoing Coronavirus (COVID-19) outbreak.

The MIN was revised as amendment 3 in June 2020 to address minor changes to the administrative processes and to clarify the requirements as the industry starts to recommence operations. Noting the extended timeframe of the ongoing pandemic, it also provides for limited extension to the permitted three month period for short term certificates issued under the provisions of this MIN.

Source: MCA.

By WCS : 10 Jun 2020

Identify and dispose of waste containing persistent organic pollutants

Identify and dispose of waste containing persistent organic pollutants (link)

This guidance provides information on how to identify and destroy waste that contains persistent organic pollutants (POPs). It has been updated to reflect a revision of the Persistent Organic Pollution Regulations in 2019.

Source: EA.

By WCS : 10 Jun 2020

CRC Energy Efficiency Scheme: closure guidance for participants

CRC Energy Efficiency Scheme: closure guidance for participants (link)

The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 came into force on 1 October 2018. The final compliance year for participants in CRC will be 2018 to 2019. You must maintain your CRC registry account until 31 March 2022 and evidence packs until 31 March 2025.

This guidance has been updated to confirm the CRC scheme requirements which have ended and clarified any on-going activities. For example, audits, the ability to seek refunds and the timescales for these.

Source: EA.

By WCS : 09 Jun 2020

Marine species: protection

Marine species: protection (link)

This guidance provides information on the different marine species and how they are protected by EU and UK wildlife legislation. It has recently been updated to include information on the provision of services by the Marine Management Organisation (MMO) during the current COVID-19 pandemic.

Source: MMO.

By WCS : 09 Jun 2020

CAP 413: Radiotelephony Manual

CAP 413: Radiotelephony Manual (link)

A corrected version of CAP 413 Edition 23 has been published and replaces the original Edition 23 (published 9th April 2020) in its entirety. It has an effective date of 17th August 2020.

Source: CAA.

By WCS : 09 Jun 2020

Extension to the Validity of Diving Medicals

Extension to the Validity of Diving Medicals (link)

In the light of advice from Public Health England on COVID-19, the HSE issued guidance on 24 March 2020, setting out a proportionate and flexible approach to enable medical assessment of commercial divers to continue.

The HSE has issued an update to this guidance which came into effect on 27th May 2020.

Source: HSE.

By WCS : 08 Jun 2020

Consultation on the new OGA Strategy

Consultation on the new OGA Strategy (link)

The Oil and Gas Authority (OGA) are running two stakeholder workshops as part of the consultation to refresh its Strategy, including a requirement for industry to help the government achieve the target of net zero greenhouse gas emissions by 2050.

- On 17 June the OGA and Oil & Gas UK are jointly facilitating a workshop for Relevant Persons operating in the United Kingdom Continental Shelf.

- On 24 June the OGA is hosting a workshop for other interested parties.

Source: OGA. 

By WCS : 05 Jun 2020

JNCC launches its Discretionary Advice Service for Offshore Industry

JNCC launches its Discretionary Advice Service for Offshore Industry (link)

JNCC has recently launched its Discretionary Advice Service (DAS) for offshore industry. The service delivers nature conservation advice to the Oil and Gas industry for decommissioning activity in the UK offshore environment.

Source: JNCC.

By WCS : 05 Jun 2020

Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs

Guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise SACs (link)

BEIS OPRED has published this guidance for assessing the significance of noise disturbance against Conservation Objectives of harbour porpoise Special Areas of Conservation (SAC), following on from a consultation held earlier this year.

Source: BEIS OPRED.

By WCS : 04 Jun 2020

SSI 2020/164 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 3) Regulations 2020

SSI 2020/164 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 3) Regulations 2020 (link)

These Regulations amend the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 ("the principal regulations"). Regulation 8(4) of the principal regulations provides that it is a defence to a charge of committing an offence under paragraph (1), (2) or (3) of that regulation if the person had a reasonable excuse. These Regulations amend regulation 8(5) of the principal regulations to provide that it is a reasonable excuse to take part in outdoor recreation in certain circumstances or visit a recycling or waste disposal service. 

These Regulations also provide that some businesses may make preparations, while the premises of that business remain closed to members of the public, towards introducing physical distancing measures. Garden centres and plant nurseries are added to the list, in Part 3 of schedule 1 of the principal regulations, of businesses or services which may remain open. These Regulations also make technical amendments, the effect of which is to require that the termination of a restriction or requirement imposed by the principal regulations must be by way of an amending instrument.

Source: HMSO.

By WCS : 03 Jun 2020

Closed Consultation: The Future of Carbon Pricing in the UK

Closed Consultation: The Future of Carbon Pricing in the UK (link)

The UK Government and Devolved Administrations consulted in May 2019 on the future of carbon pricing in the UK. The response, published on the 1st June 2020, sets out decisions on the design and operation of a UK ETS.

Source: BEIS OPRED.

By WCS : 03 Jun 2020

New Emissions Trading System proposal would see UK go further in tackling climate change

New Emissions Trading System proposal would see UK go further in tackling climate change (link)

The UK Government has unveiled how a new UK-wide Emissions Trading System (ETS) could work.

Source: BEIS.

By WCS : 03 Jun 2020

OGA moves forward with mediation pilot for resolving UKCS licence disputes

OGA moves forward with mediation pilot for resolving UKCS licence disputes (link)

The Oil and Gas Authority (OGA) has reaffirmed that its year-long ‘UKCS Mediation Pilot’ will continue from 1 June 2020. The pilot aims to test the extent to which mediation can resolve certain disputes between oil and gas licensees, operators and infrastructure owners in the UK Continental Shelf. 

Source: OGA.

By WCS : 02 Jun 2020

SI 2020/505 The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020

SI 2020/505 The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020 (link)

These Regulations amend the Town and Country Planning (Development Management Procedure) (England) Order 2015 ("the DMP Order 2015"), the Planning (Listed Building and Conservation Areas) Regulations ("the 1990 Regulations") and the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 ("the TCP EIA Regulations 2017").

Source: HMSO.

By WCS : 29 May 2020

SEPA Temporary Regulatory Position Statements

SEPA Temporary Regulatory Position Statements (link)

SEPA has produced a collection of temporary Regulatory Position Statements and guidance as a result of the COVID-19 outbreak. This includes information on Control of Major Accident Hazards (COMAH), radioactive sources and management of waste.

Source: SEPA.

By WCS : 29 May 2020

MIN 616 (M and F) Amendment 2 COVID 19 - Guidance on minimising risk to ships' crews and other maritime sector workers

MIN 616 (M and F) Amendment 2 COVID 19 - Guidance on minimising risk to ships' crews and other maritime sector workers (link)

This Note draws attention to UK Government guidance for companies and employers regarding management and mitigation of COVID-19 (coronavirus).

Amendment 2 updates the links for guidance on www.gov.uk.

Source: MCA.

By WCS : 28 May 2020

Draft - The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020

Draft - The Environment (Amendment etc.) (EU Exit) (Amendment) (England and Wales) Regulations 2020 (link)

Defra has published the draft version of the above named regulations. This statutory instrument allows the Defra Secretary of State and Welsh Ministers in devolved areas to continue to exercise certain powers under the Pollution Prevention and Control Act after the EU Exit Implementation Period ends. These powers are used to regulate activities which are capable of causing environmental pollution in connection with certain EU Directives.

The Statutory Instrument can be found here.

The Explanatory Memorandum can be found here.

Source: Defra.

By WCS : 28 May 2020

SI 2020/496 The Merchant Shipping (Port State Control and Prevention of Pollution from Noxious Liquid Substances in Bulk) (Amendment) Regulations 2020

SI 2020/496 The Merchant Shipping (Port State Control and Prevention of Pollution from Noxious Liquid Substances in Bulk) (Amendment) Regulations 2020 (link)

These Regulations amend the Merchant Shipping (Port State Control) Regulations 2011 (S.I. 2011/2601) (“the 2011 Regulations”) to the effect that the powers in the 2011 Regulations may be exercised in relation to ships to which the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”) applies.

These Regulations also amend the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (S.I. 2018/68) (“the 2018 Regulations”) to the effect that the 2018 Regulations apply to ships carrying noxious liquid substances in bulk in “controlled waters” (waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea) and the discharge by ships of noxious liquid substances in bulk causing pollution in those waters.

Source: HMSO.

By WCS : 26 May 2020

Monitoring emissions from some environmental permitting activities: RPS C7

Monitoring emissions from some environmental permitting activities: RPS C7 (link)

This Regulatory Position Statement details when you can delay and reschedule some emissions to air and water monitoring and other environmental monitoring because of COVID-19 (coronavirus) restrictions.

The Environment Agency has made the following updates to the document:

- added its position on monitoring emissions for water discharge and groundwater activities permits

- extended the expiry date to 30 September 2020.

Source: EA.

By WCS : 26 May 2020

Emissions to air from Large Combustion Plant in the Transitional National Plan: RPS C18

Emissions to air from Large Combustion Plant in the Transitional National Plan: RPS C18 (link)

This Regulatory Position Statement details when Large Combustion Plant operators can delay meeting new emission limit values scheduled to take effect from 1 July 2020 because of coronavirus (COVID-19).

Source: EA.

By WCS : 26 May 2020

SSI 2020/157 The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020

SSI 2020/157 The Marine Works and Marine Licensing (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (link)

These Regulations make temporary modifications to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013. The modifications made by these Regulations are necessary as a result of coronavirus (severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)). These modifications alter requirements to make information or documentation available for inspection in a public place, to provide hard copies of EIA reports, and to hold public events.

Source: HSMO.

By WCS : 26 May 2020

SI 2020/501 The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

SI 2020/501 The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020 (link)

These Regulations implement amendments to Chapter III (life-saving appliances and arrangements) in the Annex to the International Convention on the Safety of Life at Sea, 1974 ("the Convention"), including amendments to the International Life-Saving Appliances Code ("the LSA Code"). They also make provision for life-saving appliances and arrangements in respect of ships to which the Convention does not apply.

The Regulations revoke and replace the Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III To VI(A)) Regulations 1999 and those regulations that amend them. They also amend the Merchant Shipping (Musters, Training and Decision Supports Systems) Regulations 1999 and regulation 6 of the Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988, which implemented certain provisions of Chapter III, in order to remove from their scope ships subject to Parts 2 and 4 of these Regulations. All ships to which Chapter III applies are now regulated in respect of life-saving appliances and arrangements by these Regulations.

Source: HMSO.

By WCS : 25 May 2020

SI 2020/500 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

SI 2020/500 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020 (link)

These Regulations amend the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (S.I. 2020/350). Regulation 5 is amended to clarify the circumstances in which hotels may provide accommodation to "key workers". Regulation 6 is amended to extend the list of reasonable excuses for which express provision is made, including permitting people to leave their homes to visit public open spaces for open-air recreation with members of their households, and to permit people to exercise or engage in open-air recreation with one member of another household. Regulation 10 is amended to increase the fines which may be imposed by fixed penalty notice. Garden centres and outdoor sports courts are added to the list of businesses which may remain open by an amendment to Schedule 2.

Source: HMSO.

By WCS : 25 May 2020

MIN 618 (M and F) COVID 19 Guidance on the reporting of occupational diseases

MIN 618 (M and F) COVID 19 Guidance on the reporting of occupational diseases (link)

This Note gives guidance on the reporting of diagnosed COVID-19 cases among seafarers on board ships, where there is reasonable evidence that it was caused by exposure at work.

Source: MCA.

By WCS : 25 May 2020

COVID-19 and storing waste at unpermitted sites due to exceeding your storage limits: RPS C17

COVID-19 and storing waste at unpermitted sites due to exceeding your storage limits: RPS C17 (link)

This Regulatory Position Statement details when you can temporarily store waste at an unpermitted site or exceed registered waste exemption storage limits as a result of coronavirus (COVID-19) restrictions.

Source: EA.

By WCS : 25 May 2020

Ballast water management FAQ

Ballast water management FAQ (link)

This FAQ has been developed based upon queries received from interested stakeholders and has recently been updated. Updates since the last iteration of the Ballast Water FAQs have been highlighted in yellow.

Source: MCA.

By WCS : 25 May 2020

Search and rescue framework (UKSAR) – Guidance to UKSAR Responders (COVID-19) Version 2

Search and rescue framework (UKSAR) – Guidance to UKSAR Responders (COVID-19) Version 2 (link)

The Maritime and Coastguard Agency (MCA) has published a revised version of its COVID-19 guidance to accompany its Search and Rescue framework (UKSAR) guidance.

Source: MCA.

 

By WCS : 21 May 2020

BEIS - 5 steps to working safely

BEIS - 5 steps to working safely (link)

BEIS has added the above named guidance page to their collection of guidance entitled 'Working safely during coronavirus (COVID-19)'.

Please note that the guidance collection 'Working safely during coronavirus (COVID-19)' is currently only applicable to England.

Source: BEIS.

By WCS : 20 May 2020

Reminder for TransfrontIer Shipment of Waste Return

Reminder for TransfrontIer Shipment of Waste Return (link)

BEIS OPRED has published a notice to remind stakeholders that the 'TSFW Regulations 2007 Offshore Operators for notifying Waste Exports to BEIS Form' needs to be submitted by the 25th May 2020.

Source: BEIS OPRED.

By WCS : 19 May 2020

Coronavirus (COVID-19): shipping and sea ports guidance

Coronavirus (COVID-19): shipping and sea ports guidance (link)

The above named guidance has been updated to provide further clarification on guidance and legislation.

Source: Public Health England, Department for Transport, MCA.

By WCS : 18 May 2020

Legionella risks during the coronavirus outbreak

Legionella risks during the coronavirus outbreak (link)

The HSE has published information on dealing with legionella risks during the coronavirus outbreak.

If your building was closed or has reduced occupancy during the coronavirus outbreak, water system stagnation can occur due to lack of use, increasing the risks of Legionnaires’ disease.

Source: HSE.

By WCS : 18 May 2020

MGN 472 (M) Amendment 2 MLC 2006 guidance on the procedure for applying for a substantial equivalence

MGN 472 (M) Amendment 2 MLC 2006 guidance on the procedure for applying for a substantial equivalence (link)

This note outlines the procedure for applying for a substantial equivalence on UK flagged vessels which are subject to the MLC (Maritime Labour Convention), 2006

Amendment 2 introduces a 30 day limit for consultees to respond to proposals (see para 2.4).

Source: MCA.

By WCS : 18 May 2020

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - May 15th Update

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - May 15th Update (link)

BEIS OPRED has published an update to its response to the COVID-19 outbreak.

Source: BEIS OPRED.

By WCS : 18 May 2020

First aid cover and qualifications during the coronavirus outbreak

First aid cover and qualifications during the coronavirus outbreak (link)

The HSE has published guidance to provide more information for companies if first aid cover is reduced because of coronavirus or they can’t get the first aid training they need.

Source: HSE.

By WCS : 14 May 2020

COVID-19 and delaying hazardous waste consignee returns: RPS C14

COVID-19 and delaying hazardous waste consignee returns: RPS C14 (link)

This document discusses when you can delay submitting your hazardous waste consignee returns to the Environment Agency and waste producers or holders due to coronavirus (COVID-19) restrictions.

Source: EA.

By WCS : 13 May 2020

SI 2020/489 The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020

SI 2020/489 The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020 (link)

These Regulations partially implement Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) (OJ No. L 169, 25.6.2019, p. 45).

Regulation 2(3) amends regulation 4 of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 (S.I. 2000/1043) (“2000 Regulations”), in particular by replacing paragraph (3) with new paragraphs (3A) to (3D).

This amendment partially implements the second sentence of the entry in the fourth column of the row relating to Polychlorinated Biphenyls in the table at Part A of Annex 1 to Regulation (EU) 2019/1021. That sentence provides that Member States shall identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0.005 % PCBs and volumes greater than 0.05 dm3, as soon as possible but no later than 31st December 2025.

The remaining provisions make related changes to the 2000 Regulations, in particular to regulation 13 (offences and penalties), regulation 13A (civil sanctions in England) and regulation 13B (civil sanctions in Wales).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector may be seen alongside this instrument at legislation.gov.uk or obtained by writing to the Department for Environment, Food and Rural Affairs, Ground Floor, Seacole Building, 2 Marsham Street, London SW1P 4DF.

Source: HMSO.

By WCS : 13 May 2020

SI 2020/485 The Ecodesign for Energy-Related Products (Amendment) Regulations 2020

SI 2020/485 The Ecodesign for Energy-Related Products (Amendment) Regulations 2020 (link)

This instrument amends the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617) in relation to external power sources to substitute a new Commission Regulation into the list of implementing measures that must be included in a declaration of conformity, to replace a now repealed Commission Regulation.

Source: HMSO.

By WCS : 13 May 2020

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide, Revision 6

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide, Revision 6 (link)

BEIS OPRED has recently updated the above named guidance to incorporate additional information relating to the coronavirus outbreak.

Notable changes include coronavirus amendments to the following sections:

1. Legislative Background

5.1. Submission, Consultation and Review - Environmental Statements

Source: BEIS OPRED.

By WCS : 12 May 2020

BEIS - Working safely during coronavirus (COVID-19)

BEIS - Working safely during coronavirus (COVID-19) (link)

Following on from the Prime Minister's COVID-19 announcement on Sunday the 10th of May, BEIS has published guidance on working safely during coronavirus.

The guidance consists of 8 sections which cover a range of different types of work.

Source: BEIS.

By WCS : 12 May 2020

Contact HSE (COVID-19)

Contact HSE (COVID-19) (link)

The HSE has provided information on how to get in touch with them if you need help and advice on how to protect people from COVID-19 in the workplace.

Telephone: 0300 790 6787 (Lines are open Monday to Friday 8.30am to 10pm)

Online using the working safely enquiry form

Source: HSE.

By WCS : 12 May 2020

HSE - Working safely during the coronavirus outbreak

Working safely during the coronavirus outbreak (link)

The HSE has published new guidance to help businesses work safely during the COVID-19 outbreak.

Source: HSE.

By WCS : 12 May 2020

Export controls: dual-use items, software and technology, goods for torture and radioactive sources

Export controls: dual-use items, software and technology, goods for torture and radioactive sources (link)

The Department for International Trade and the Export Control Joint Unit have recently updated the above named guidance to provide details of who to contact during the COVID-19 period.

Source: Department for International Trade and the Export Control Joint Unit.

By WCS : 12 May 2020

BEIS OPRED - Request for Mercury Regulations Returns

BEIS OPRED - Request for Mercury Regulations Returns (link)

BEIS OPRED has published a guidance document for the Offshore Industry on EU Regulation 852/2017 banning the import into the EU and the export from the EU of mercury, mercury compounds, mixtures of mercury and mercury added products and the requirements for the usage and storage of mercury, mercury compounds and mixtures of mercury.

The guidance document requests that action should be taken to report any mercury waste that has been stored or sent for storage/conversion from your offshore installation.

The form for this can be found here and should be returned to BEIS OPRED no later than 31st May 2020.

Source: BEIS OPRED.

By WCS : 11 May 2020

Tier Zero 2020 - annual performance review meeting

Tier Zero 2020 - annual performance review meeting (link)

The Oil and Gas Authority (OGA) held its annual Tier Zero meeting for senior oil and gas industry leaders on Thursday 30 April. The group welcomed positive developments on production efficiency and the inclusion of Net Zero as a key theme in benchmarking.

Source: OGA.

By WCS : 07 May 2020

Consultation on new OGA Strategy

Consultation on new OGA Strategy (link)

The Oil and Gas Authority (OGA) is seeking views on its intention to refresh its core aim, including a requirement for industry to help the government achieve the target of Net Zero greenhouse gas emissions by 2050.  The 12 week consultation opened on 6 May and runs until 29 July 2020

Source: OGA.

By WCS : 06 May 2020

OGA unveils strategy to support Net Zero

OGA unveils strategy to support Net Zero (link)

The OGA's new strategy aims to support the oil and gas industry to reduce greenhouse gas emissions, encourage progress on carbon capture and storage and hydrogen projects.

Source: OGA.

By WCS : 06 May 2020

MIN 616 M COVID 19 - minimising risk to ships' crews and maritime sector workers

MIN 616 M COVID 19 - minimising risk to ships' crews and maritime sector workers (link)

This Note draws attention to UK Government guidance for companies and employers regarding management and mitigation of COVID-19 (coronavirus).

Source: MCA.

By WCS : 05 May 2020

Staffing and fatigue at onshore major hazard establishments during the coronavirus (COVID-19) pandemic

Staffing and fatigue at onshore major hazard establishments during the coronavirus (COVID-19) pandemic (link)

This guidance is for onshore major hazard establishments subject to the Control of Major Accident Hazard Regulations 2015 (COMAH). It is particularly urgent for establishments that are part of the critical national infrastructure.

It covers the potential impact on risk to establishments during the coronavirus (COVID-19) pandemic from:

- operating with reduced staffing;

- loss of key staff; and/or

- increased staff fatigue.

This guidance follows on from a previous news item concerning new COMAH webpages on the HSE website (link).

Source: HSE.

By WCS : 05 May 2020

MIN 617 (M and F) Closure of Inmarsat Fleet 77 Service

MIN 617 (M and F) Closure of Inmarsat Fleet 77 Service (link)

This Marine Information Note is a reminder of the scheduled closure of Inmarsat Global Limited (Inmarsat) Fleet F77 service by 1 December 2020.

Source: MCA.

By WCS : 05 May 2020

SI 2020/412 The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020

SI 2020/412 The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 (link)

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 ("the GDPO").

Source: HMSO.

By WCS : 05 May 2020

Environment Agency fees and charges

Environment Agency fees and charges (link)

The Environment Agency has updated the above named guidance to include information for anyone who is having difficulties paying their invoice on time because of COVID-19.

Source: EA.

By WCS : 05 May 2020

Accumulating radioactive waste that you cannot transfer because of COVID-19: RPS C13

Accumulating radioactive waste that you cannot transfer because of COVID-19: RPS C13 (link)

This Regulatory Position Statement (RPS) details when you can accumulate radioactive waste over the limits in your permit or exemption because you cannot transfer it due to coronavirus (COVID-19).

Source: EA.

By WCS : 05 May 2020

Meeting climate change requirements from 1 January 2021

Meeting climate change requirements from 1 January 2021 (link)

BEIS has updated the above named guidance to include information on its response to the COVID-19 outbreak.

Source: BEIS.

By WCS : 05 May 2020

SI 2020/447 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020

SI 2020/447 The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020 (link)

These Regulations amend the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

Source: HMSO.

By WCS : 01 May 2020

SI 2020/468 The Misuse of Drugs (Coronavirus) (Amendments Relating to the Supply of Controlled Drugs During a Pandemic etc.) Regulations 2020

SI 2020/468 The Misuse of Drugs (Coronavirus) (Amendments Relating to the Supply of Controlled Drugs During a Pandemic etc.) Regulations 2020 (link)

These Regulations amend the Misuse of Drugs Regulations 2001. 

Source: HMSO.

By WCS : 01 May 2020

SSI 2020/129 The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2020

SSI 2020/129 The Town and Country Planning (General Permitted Development) (Coronavirus) (Scotland) Amendment Order 2020 (link)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 ("the 1992 Order"). Article 3 inserts a new Part 25C and permitted development right into Schedule 1 of the 1992 Order. 

Source: HMSO.

By WCS : 01 May 2020

Make a marine licence application

Make a marine licence application (link)

The Marine Management Organisation (MMO) has updated the above named guidance to include information relating to the COVID-19 outbreak.

Source: MMO.

By WCS : 01 May 2020

Do I need a marine licence?

Do I need a marine licence? (link)

The Marine Management Organisation (MMO) has updated the above named guidance to include information relating to the COVID-19 outbreak.

Source: MMO.

By WCS : 01 May 2020

Consultation Outcome: Consultation on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Consultation Outcome: Consultation on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

The MCA ran a consultation on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020. 

The consultation ran from 3rd February 2020 to 30 March 2020.

Details of the outcome have just been published and can be found here.

Source: MCA.

By WCS : 01 May 2020

Consultation Outcome: Consultation on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

Consultation Outcome: Consultation on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

The MCA ran a consultation on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020. 

The consultation ran from 3rd February 2020 to 30 March 2020.

Details of the outcome have just been published and can be found here.

Source: MCA.

By WCS : 01 May 2020

Environment Agency regulatory response to coronavirus

Environment Agency regulatory response to coronavirus (link)

The Environment Agency (EA) has published a statement regarding its regulatory response to the COVID-19 outbreak. The document sets out the EA's:

- Priorities

- Expectations

- Approach to non-compliances with regulatory requirements

- COVID-19 regulatory position statements

Source: EA.

By WCS : 28 Apr 2020

Emissions to air from large combustion plant during black start events: RPS C11

Emissions to air from large combustion plant during black start events: RPS C11 (link)

This Regulatory Position Statement (RPS) details when power stations can exceed emission limit values if restoring electricity supply after a significant electrical emergency during the coronavirus (COVID-19) crisis.

Source: EA.

By WCS : 28 Apr 2020

Monitoring emissions from installations, radioactive substances and waste activities: RPS C7

Monitoring emissions from installations, radioactive substances and waste activities: RPS C7 (link)

This Regulatory Position Statement (RPS) details when you can delay and reschedule some emissions to air and water monitoring and other environmental monitoring because of COVID-19 (coronavirus) restrictions.

Source: EA.

By WCS : 28 Apr 2020

MIN 615 (M) The Support for Maritime Training (SMarT) Fund During the COVID-19 Period

MIN 615 (M) The Support for Maritime Training (SMarT) Fund During the COVID-19 Period (link)

This MIN summarises the UK Government's additional financial support to assist cadets during COVID-19 outbreak period. The eligibility requirements and how to apply are detailed in this MIN.

Source: MCA.

By WCS : 28 Apr 2020

Understand marine wildlife licences and report an incident

Understand marine wildlife licences and report an incident (link)

This guidance details why you need a marine wildlife licence if you are going to disturb a protected species, how to apply and how to report an incident.

Source: MMO.

By WCS : 28 Apr 2020

Reporting for installations, radioactive substances and waste permits: RPS C10

Reporting for installations, radioactive substances and waste permits: RPS C10 (link)

This guidance details when you can delay submitting data, reports and other records required by your environmental permit because of coronavirus (COVID-19) restrictions.

Source: EA.

By WCS : 28 Apr 2020

SSI 2020/126 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 2) Regulations 2020

SSI 2020/126 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment (No. 2) Regulations 2020 (link)

These Regulations amend regulation 4 and schedule 1 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020.

Source: HMSO.

By WCS : 28 Apr 2020

MIN 612 (M and F) Amendment 2 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels

MIN 612 (M and F) Amendment 2 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels (link)

This MIN sets out the policy of the MCA with respect to UK Vessels which are prevented from arranging the relevant Surveys, Inspections and Audits required for compliance with the relevant Statutory Instruments due to the ongoing Coronavirus (COVID-19) outbreak. 

The MIN has been reissued as amendment 1 on 25th March 2020 to incorporate developments in MCA policy and Government guidance regarding the COVID-19 pandemic.

It has been further revised as amendment 2 on 17th April 2020 to take into account issues raised by industry and the ongoing development of MCA policy as appropriate to assist operators whilst maintaining an equivalent level of safety in operation. It includes extended policy guidance on the testing, servicing and calibration of equipment and clarification of the extension of the authorisations to the UK Recognised Organisations. Amendments since the last revision are underlined for clarity.

Source: MCA.

By WCS : 28 Apr 2020

COMAH notification requirements for businesses supporting the coronavirus (COVID-19) response

COMAH notification requirements for businesses supporting the coronavirus (COVID-19) response (link)

The HSE has published new guidance relating to businesses supporting the response to COVID-19. The guidance covers existing COMAH sites as well as sites which may change activities at short notice to support the coronavirus response and therefore become subject to the regulations.

Source: HSE.

By WCS : 27 Apr 2020

Planned external emergency plan tests under COMAH during the coronavirus (COVID-19) outbreak

Planned external emergency plan tests under COMAH during the coronavirus (COVID-19) outbreak (link)

The HSE has published guidance that sets out the COMAH Competent Authority (CA) position on requests to postpone or cancel external emergency plan tests for COMAH upper tier establishments during the coronavirus outbreak.

Source: HSE.

By WCS : 27 Apr 2020

COMAH safety reports during the coronavirus (COVID-19) outbreak

COMAH safety reports during the coronavirus (COVID-19) outbreak (link)

The purpose and primary duty of COMAH is that all measures necessary must be taken to prevent major accidents and mitigate the effects of those that do occur to people and the environment. Despite the demanding circumstances created by the current coronavirus crisis, that overriding requirement will stand.

The HSE has published new guidance regarding dealing with safety report submissions and the scenarios that may arise during the current situation. The primary objective is that the hazards and risks from any activity undertaken are identified, understood and properly controlled.

Source: HSE.

By WCS : 27 Apr 2020

Staffing and fatigue at onshore major hazard establishments during the coronavirus (COVID-19) outbreak

Staffing and fatigue at onshore major hazard establishments during the coronavirus (COVID-19) outbreak (link)

The HSE has produced new guidance on how to manage onshore major hazard establishments subject to the Control of Major Accident Hazard Regulations 2015 (COMAH) during the coronavirus outbreak.

The guidance covers the potential overall increase in risk to COMAH establishments during the coronavirus outbreak from:

- reduced staffing or loss of key staff

- increased staff fatigue

Source: HSE.

By WCS : 27 Apr 2020

COVID 19 – Changes to MET forecasts

COVID 19 – Changes to MET forecasts (link)

The Met Office is currently prioritising activities so that it can continue to carry out urgent governmental work. To support the Met Office and in light of current restrictions on General Aviation, the CAA has sanctioned changes including:

- A suspension of GAMETS, Gatwick Take Off Forecasts, and aerodrome warnings for General Aviation airfields, and

- 9 hour TAFs produced every 6 hours instead of every 3 hours

CAA will keep these temporary changes under review and will advise the Met Office when to resume normal services.

Changes took effect from midday on 23 April 2020. 

Source: CAA.

By WCS : 27 Apr 2020

Publication of OGA thematic review report is postponed

Publication of OGA thematic review report is postponed (link)

The Oil & Gas Authority (OGA) is postponing the publication of its report on the thematic review of industry’s compliance with its regulatory obligations, due to the specific operational and financial challenges currently facing the industry.

The OGA launched the thematic review on 9 October 2019 and originally expected to publish at the end of April 2020.

Source: OGA.

By OGA : 27 Apr 2020

OGA announces the appointment of two new non-executive directors

OGA announces the appointment of two new non-executive directors (link)

The board of the Oil and Gas Authority (OGA) announces the appointment of two new non-executive directors.

Mr Iain Lanaghan will join the board at the end of April 2020 and Dr Sarah Deasley will join the board in October 2020 following the retirement of Mr Robert Armour at the end of September.

Source: OGA.

By WCS : 24 Apr 2020

SI 2020/448 The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020

SI 2020/448 The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020 (link)

These Regulations make amendments to the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/360) (the “1999 Regulations”). The 1999 Regulations set out requirements regarding environmental statements for proposed offshore oil and gas projects. This forms part of the approval process for such projects. The amendments disapply the requirement for offshore oil and gas developers to make copies of relevant documents available for public inspection at an address in the United Kingdom where the effects of coronavirus mean that is not reasonably practicable for the public to inspect them. The amendments also clarify that copies of documents do not need to be made available to be obtained in person in these circumstances. Additionally, the amendments provide that copies of the application for consent must be supplied by post where requested, during any period where copies of the application are not made available for public inspection at an address in the United Kingdom. Under the 1999 Regulations, copies of other relevant documents are already required to be supplied by post, and all relevant documents are required to be published on a public website.

Source: HMSO.

By WCS : 24 Apr 2020

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020 - BEIS OPRED Announcement

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) (Coronavirus) (Amendment) Regulations 2020 - BEIS OPRED Announcement (link)

Due to restrictions on public movement and distancing in response to the coronavirus outbreak, it has come to light that specific aspects of the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) (“the EIA Regulations”) regarding public participation cannot be effectively complied with, notably the ability for the public to inspect Environmental Statement (ES) documentation made available for inspection by the applicant at a UK address.

To rectify the issue during times where coronavirus restrictions on movement exist (in legislation or Government guidance), a new statutory instrument has come into force on 23rd April 2020 that introduces a temporary exemption to the requirement to make documentation available to inspect. The exemption disapplies the provision for the operator to make documentation available for inspection where it is required under regulation 9 and 10, and introduces the ability for the public to obtain a hard copy of the application for consent by post, in addition to obtaining by post a hard copy of the ES and the further information (where regulation 10 is concerned). The amendments also clarify that copies of documents do not need to be made available to be obtained in person in these circumstances.

Should you have any queries on the above in relation to a relevant project for which an environmental statement has already been, or is pending submission to BEIS OPRED please contact BST@beis.gov.uk.

Source: BEIS OPRED.

 

 

By WCS : 24 Apr 2020

Marine licensing: fees (COVID-19 Update)

Marine licensing: fees (COVID-19 Update) (link)

The Marine Management Organisation (MMO) has updated their guidance page on Marine Licensing Fees to include information concerning the COVID-19 outbreak.

Source: MMO.

By WCS : 23 Apr 2020

EP Core guidance for the Environmental Permitting (England and Wales) Regulations 2016

EP Core guidance for the Environmental Permitting (England and Wales) Regulations 2016 (link)

Defra has recently updated the above named guidance. 

Core Guidance aims to provide comprehensive help for those operating, regulating or interested in "regulated facilities" that are covered by the Environmental Permitting (England and Wales) Regulations 2016 SI 2016/1154 ("the EPR"). It describes the main provisions of the EPR and sets out the views of the Secretaries of State for Environment Food and Rural Affairs (Defra), for Business, Energy and Industrial Strategy (BEIS), and the Welsh Ministers on how the Regulations should be applied and how particular terms should be interpreted in England and Wales. It also explains where to go for more help.

Defra has indicated that it has made updates to Chapter 9, minor updates to legislative references in the rest of document and Annex 2 has been deleted.

Source: Defra.

By WCS : 23 Apr 2020

Request for Transfrontier Shipment of Waste Return

Request for Transfrontier Shipment of Waste Return (link)

BEIS OPRED has published an Information Request Notice related to The Transfrontier Shipment of Waste (TFSW) Regulations 2007 (as amended).

BEIS OPRED would be grateful if you could complete and submit (electronically) the TFSW Regulations 2007 Offshore Operators for notifying Waste Exports to BEIS Form by 25th May 2020 to the Business Support Team e-mail inbox at bst@beis.gov.uk.

The form can be found here.

Source: BEIS OPRED.

By WCS : 23 Apr 2020

SSI 2020/123 The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020

SSI 2020/123 The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (link)

These Regulations make temporary modifications to the Electricity (Applications for Consent) Regulations 1990, Electricity Generating Stations (Applications for variation of Consent) (Scotland) Regulations 2013 and Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017. These modifications alter requirements to make information or documentation available for inspection in a public place, to enable objections to applications for consent under the Electricity Act 1989 to be made by means of electronic communication, and relaxes requirements for hard copy Environmental Impact Assessments to be provided to the Scottish Ministers. The changes made by these Regulations are necessary as a result of coronavirus.

Source: HMSO.

By WCS : 22 Apr 2020

SSI 2020/124 The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020

SSI 2020/124 The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (link)

These Regulations make temporary modifications to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. These modifications alter requirements to hold public events or hearings or to make information or documentation available for inspection in a public place.

Source: HMSO.

By WCS : 21 Apr 2020

Search and rescue framework (UKSAR) - Guidance to UKSAR Responders (COVID-19)

Search and rescue framework (UKSAR) - Guidance to UKSAR Responders (COVID-19) (link)

The Maritime and Coastguard Agency (MCA) has published COVID-19 guidance to accompany its Search and Rescue framework (UKSAR) guidance.

Source: MCA.

By WCS : 21 Apr 2020

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - April 17th Update

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - April 17th Update (link)

BEIS OPRED has published an update to its response to the COVID-19 outbreak.

Source: BEIS OPRED.

By WCS : 20 Apr 2020

SI 2020/390 The Offshore Installations (Safety Zones) Order 2020

SI 2020/390 The Offshore Installations (Safety Zones) Order 2020 (link)

Article 2 of this Order establishes, under section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the 18 installations (which are subsea installations) specified in the Schedule to this Order stationed, or to be stationed, in waters to which section 21(7) of that Act applies (these include territorial waters and waters in areas designated under section 1(7) of the Continental Shelf Act 1964 (c. 29)).

Source: HMSO.

By WCS : 20 Apr 2020

SI 2020/327 The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020

SI 2020/327 The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 (link)

These Regulations require the closure of businesses selling food or drink for consumption on the premises, and businesses listed in the Schedule, to protect against the risks to public health arising from coronavirus. The closure lasts until a direction is given by the Secretary of State. The Secretary of State is required to keep the need for these restrictions under review every 28 days.

Source: HMSO.

By WCS : 20 Apr 2020

How to apply for a revalidation of a certificate of competency

How to apply for a revalidation of a certificate of competency (link)

The guidance for filling in an application form for the revalidation of a certificate of competency has recently been updated to include further information on the impacts of the COVID-19 outbreak.

Source: MCA.

By WCS : 20 Apr 2020

The Kingfisher Bulletin is changing

The Kingfisher Bulletin is changing

Seafish has announced that the new Kingfisher Bulletin website is now live and can be viewed at www.kingfisherbulletin.org

News is now live on kingfisherbulletin.org, so fortnightly updates will soon end. Instead, subscribers will receive a monthly newsletter.

To ease subscribers into the new Kingfisher Bulletin, Seafish will for the time being continue to send out fortnightly exports as pdf files whilst highlighting the new functionality now available on kingfisherbulletin.org

Source: Seafish.

By WCS : 17 Apr 2020

MIN 614 (M and F) Coronavirus (COVID-19) – UK Ship Register approach to registration services for UK Vessels

MIN 614 (M and F) Coronavirus (COVID-19) – UK Ship Register approach to registration services for UK Vessels (link)

This MIN provides information on how the UK Ship Register is undertaking registration services including Civil Liabilities Certificates and Continuous Synopsis Records due to the ongoing Coronavirus (COVID-19) outbreak.

Source: MCA.

By WCS : 17 Apr 2020

Exceeding waste storage limits at permitted sites because of COVID-19: RPS C2

Exceeding waste storage limits at permitted sites because of COVID-19: RPS C2 (link)

This document discuss how you must usually comply with the waste storage limits in your environmental permit. However, this COVID-19 regulatory position statement (RPS) allows you to temporarily exceed those limits if you cannot remove waste from your site because of COVID-19 restrictions.

You must notify the Environment Agency by email before using this COVID-19 RPS.

Source: EA.

By WCS : 17 Apr 2020

SI 2020/94 The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020

SI 2020/94 The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020 (link)

These Regulations govern transfers consisting wholly or mainly of oil between ships, known as ship-to-ship transfers. The two types of ship-to-ship transfer which are governed within the Regulations are cargo transfers and bunkering operations.

The Regulations prohibit cargo transfers unless they are carried out within harbour authority waters or within the permit area (regulation 4). They also provide that cargo transfers must not be carried out within harbour authority waters unless they are authorised by the harbour authority or the cargo transfer is a lightening operation (to lighten the ship to enable it to move to shallower waters) or a consolidation operation (to consolidate cargo for bunkering operations) (regulation 5).

Source: HMSO. 

By WCS : 17 Apr 2020

MGN 555 (M) Amendment 1 Life-saving appliances: lifeboats, rescue boats, launching appliances and release gear - authorisation of service providers

MGN 555 (M) Amendment 1 Life-saving appliances: lifeboats, rescue boats, launching appliances and release gear - authorisation of service providers (link) 

This Marine Guidance Note (MGN), as amended, replaces MGN 555 (M) and provides updated guidance on the authorisation of service providers to work on lifeboats, rescue boats, launching appliances and release gear on-board UK ships, following the adoption of Resolution MSC.402(96) by the International Maritime Organization (IMO).

Service providers other than the Original Equipment Manufacturer (OEM) and OEM approved service providers, carrying out the thorough examination, operational testing, repair and overhaul of lifeboats, rescue boats, launching appliances and release gear shall be authorised to do so by a UK authorised Recognised Organisation (RO).

This MGN should be read in conjunction with MGN 560 Amendment 1 (M) and IMO Resolutions MSC.402(96) and MSC.404(96).

Source: MCA. 

By WCS : 16 Apr 2020

SI 2020/365 The Working Time (Coronavirus) (Amendment) Regulations 2020

SI 2020/365 The Working Time (Coronavirus) (Amendment) Regulations 2020 (link)

These Regulations provide an exception relating to the effects of coronavirus to the bar on carrying forward untaken leave under Regulation 13 of the Working Time Regulations 1998 ("WTR"). They come into force on 26th March 2020.

Source: HMSO. 

By WCS : 16 Apr 2020

Carrying out thorough examination and testing of lifting and pressure equipment during the coronavirus outbreak

Carrying out thorough examination and testing of lifting and pressure equipment during the coronavirus outbreak (link)

The HSE recognises the potential challenges when carrying out legal requirements for thorough examination and testing (TE&T) of plant and equipment as a result of additional precautions people need to take to help reduce risk of transmission of coronavirus (COVID-19).

Source: HSE.

By WCS : 16 Apr 2020

ORS4 No.1379: Covid-19 - Extension of the Validity Period for Recurrent Dangerous Goods Training

ORS4 No.1379: Covid-19 - Extension of the Validity Period for Recurrent Dangerous Goods Training (link)

In response to the exceptional circumstances caused by the Covid-19 outbreak, the CAA exempts any UK shipper and agent thereof, any UK aircraft operator and any agent thereof, and any agent for a non-UK aircraft operator from the requirements of the Air Navigation (Dangerous Goods) Regulation 2002 (“AN(DG)R”) regulation 13(5) that recurrent dangerous goods training shall take place not less than every two years.

Additionally, the CAA exempts any aircraft operator for whom the CAA is the Competent Authority from the requirements of Commission Regulation (EU) No. 965/2012 ORO.GEN.110(j) and SPA.DG.105(a) that dangerous goods training programmes shall be established as required by the Technical Instructions in so far as recurrent training is to be completed every 24 months.

Source: CAA.

By WCS : 16 Apr 2020

CAP 413: Radiotelephony Manual

CAP 413: Radiotelephony Manual (link)

The CAA has recently published the 23rd edition of the Radiotelephony Manual which becomes effective on 8th June 2020.

Source: CAA.

By WCS : 16 Apr 2020

SI 2020/330 The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020

SI 2020/330 The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 (link)

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the GPDO”) (S.I. 2015/596).

Source: HMSO.

By WCS : 15 Apr 2020

MIN 542 (M and F) Amendment 1: Life-saving appliances, recognised distress signals and advertised alternatives to pyrotechnic flares

MIN 542 (M and F) Amendment 1: Life-saving appliances, recognised distress signals and advertised alternatives to pyrotechnic flares (link)

This Marine Information Note (MIN) provides the latest advice to mariners on products sold as distress signalling equipment to be used in an emergency. It highlights the risks of using non-SOLAS or non-pyrotechnic distress flares such as Electronic Visual Distress Signals (EVDS).

Source: MCA. 

By WCS : 15 Apr 2020

COVID-19 – Use of callsign suffix ‘ALPHA’

COVID-19 – Use of callsign suffix ‘ALPHA’ (link)

With immediate effect, search and rescue flights using the ‘RESCUE’ callsign may be flown as flight priority category ‘A’. The callsigns of such flights will include the suffix ‘ALPHA’. 

All other flights undertaken by HM Coastguard Helicopters will continue to use the RESCUE callsign.

Manual of Air Traffic Services Part 1 (CAP 493) Section 1, Chapter 4, para 10C ‘Flight Priority Categories’ refers.

Source: CAA.

By WCS : 13 Apr 2020

Request for EMS Annual Public Statement

Request for EMS Annual Public Statement (link)

BEIS OPRED has recently published the following notice:

As a requirement of the Environmental Management Systems (EMS) OSPAR Recommendation 2003/5, all Operators of offshore installations are required to produce an Annual Public Statement detailing activity carried out during the previous calendar year. The Offshore Directive defines both well and installation as Operator's therefore they are required to provide EMS verification.

Further information regarding the requirements can be found at https://www.gov.uk/guidance/oil-and-gas-ospar-ems-recommendation 

Can you send an electronic copy of your organisation's Annual Public Statement to bst@beis.gov.uk by 1 June 2020.

OPRED will publish the Annual Statement provided on its website. Can you please be clear within your response if your organisation does not want OPRED to publish this statement.

Operators who did not carry out any offshore operations in the UKCS during the 2019 calendar year must provide a response to this effect by email before 1 June 2020.

Should you have any questions regarding this please contact the Business Support Team on the above email address.

Source: BEIS OPRED.

By WCS : 13 Apr 2020

SSI 2020/106 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment Regulations 2020

SSI 2020/106 The Health Protection (Coronavirus) (Restrictions) (Scotland) Amendment Regulations 2020 (link)

These Regulations amend the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 to correct two typographical errors.

Source: HMSO.

By WCS : 09 Apr 2020

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - April 8th Update

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak - April 8th Update (link)

BEIS OPRED has published an update to its response to the COVID-19 outbreak.

Source: BEIS OPRED.

By WCS : 09 Apr 2020

MIN 610 (M and F) MARPOL - Amendments to MARPOL annex VI chapter 3 (Baltic and North Seas NOx emission control areas and bunker delivery note)

MIN 610 (M and F) MARPOL - Amendments to MARPOL annex VI chapter 3 (Baltic and North Seas NOx emission control areas and bunker delivery note) (link)

The purpose of this Note is to inform industry of the amendments to Chapter 3 in Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) – Resolution MEPC.286(71) which entered into force 1st January 2019.

Source: MCA.

By WCS : 09 Apr 2020

Clean an oil spill at sea and get oil spill treatments approved

Clean an oil spill at sea and get oil spill treatments approved (link)

This guidance document provides information on cleaning an oil spill including the options available, how to get a product approved and how long it will take.

Source: MMO.

By WCS : 09 Apr 2020

SSI 2020/103 The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

SSI 2020/103 The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (link)

These Regulations require the closure of businesses selling food or drink for consumption on the premises, and businesses listed in Part 2 of schedule 1, to protect against the risks to public health arising from coronavirus, except in some cases. The closure lasts until a direction is given by the Scottish Ministers or the expiry of these Regulations in accordance with regulation 11. The Scottish Ministers are required to keep the need for these restrictions under review.

The Regulations also prohibit anyone leaving the place where they live without reasonable excuse, and ban public gatherings of more than two people.

The need for the restrictions in these Regulations must be reviewed by the Scottish Ministers every 21 days, with the first review being required to take place by 16 April 2020.

Source: HMSO.

By WCS : 08 Apr 2020

Social distancing in the workplace during coronavirus (COVID-19): sector guidance

Social distancing in the workplace during coronavirus (COVID-19): sector guidance (link)

BEIS has published advice for employers on social distancing during coronavirus (COVID-19).

Sector headings featured in the document that are relevant to the oil and gas industry include:

Fishing or other short-term offshore work

Cargo-shipping or other long-term offshore work

Source: BEIS. 

By WCS : 08 Apr 2020

RIDDOR reporting of COVID-19

RIDDOR reporting of COVID-19 (link)

The HSE has recently published guidance on RIDDOR reporting of COVID-19. The guidance includes information on the circumstances when a report should be made under RIDDOR concerning coronavirus, what to report and how to make a report online.

Source: HSE.

By WCS : 07 Apr 2020

MIN 613(M) Navigation vessel traffic services - COVID-19 impact and safety measures

MIN 613(M) Navigation vessel traffic services - COVID-19 impact and safety measures (link)

Notice to all Port and VTS Authorities, VTS Personnel, Masters and Deck Officers of Merchant Vessels, and Skippers and Watch Keepers of Fishing and Recreational Craft.

This Note should be read in conjunction with MGN 401 (M+F) Amendment 2.

This MIN expires 31 December 2020 or advised otherwise.

Source: MCA

By WCS : 06 Apr 2020

Marine Protected Areas: conservation advice packages

Marine Protected Areas: conservation advice packages (link)

Natural England has recently updated the following documents in its 'Marine Protected Areas: conservation advice packages' collection of guidance.

Site advice packages and supporting documents can be used to help with site assessments and the impact of marine activity in sensitive areas.

Western Channel and Celtic Sea marine area site packages

Eastern Channel marine area site packages

Northern North Sea marine area site packages

Southern North Sea marine area site packages

Source: Natural England.

By WCS : 06 Apr 2020

SI 2020/361 (C.18) The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020

SI 2020/361 (C.18) The Coronavirus Act 2020 (Commencement No. 1) Regulations 2020 (link)

These Regulations bring into force, immediately after these Regulations are made, sections 18, 19 and 21 of, and schedule 13 to, the Coronavirus Act 2020 (c. 7) to ease the requirements around certification and registration of deaths and still-births in England and Wales, Scotland and Northern Ireland and to modify the requirements for cremations in England and Wales and Northern Ireland.

Source: HMSO.

By WCS : 06 Apr 2020

ORS4 No.1371: Installation of a Temporary Separation Barrier between the Cockpit and Cabin area of Aircraft used to Transport Key Workers during the COVID-19 Pandemic

ORS4 No.1371: Installation of a Temporary Separation Barrier between the Cockpit and Cabin area of Aircraft used to Transport Key Workers during the COVID-19 Pandemic (link)

This exemption provides some protection for flight crew from the possibility of contracting the COVID-19 virus when transporting asymptomatic key workers by air in small aircraft during the pandemic.

Source: CAA.

By WCS : 06 Apr 2020

Environment Agency Operational Update

Environment Agency Operational Update (link)

The Environment Agency has published a statement outlining its response to the COVID-19 outbreak.

Source: EA.

By WCS : 03 Apr 2020

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak

Regulating Offshore oil and gas Installations during the Coronavirus (COVID-19) Outbreak (link)

BEIS OPRED has published a statement outlining its response to the COVID-19 outbreak.

Source: BEIS OPRED.

By WCS : 03 Apr 2020

Arrangements for regulation of chemicals during the coronavirus (COVID-19) outbreak

Arrangements for regulation of chemicals during the coronavirus (COVID-19) outbreak (link)

The HSE is continuing to provide services for regulating chemicals during the coronavirus outbreak.

It has made some administrative changes which are detailed on the page linked above.

Source: HSE.

By WCS : 03 Apr 2020

BEIS Offshore Environment Unit (OEU) Cost Recovery for Offshore Petroleum Functions – A Guide

BEIS Offshore Environment Unit (OEU) Cost Recovery for Offshore Petroleum Functions – A Guide (link)

This guide has been prepared for licence operators, field operators, offshore installation operators and well operators, hereafter known as “operators”, the owners of non-production installations, potential licensees and licensees, including exploration licence holders undertaking geological survey operations, the Oil and Gas Authority and any others who may be interested in how the cost recovery regime for environmental functions undertaken by BEIS OEU will operate. The cost recovery regime applies to relevant environmental functions undertaken by BEIS OEU in respect of offshore oil and gas operations, offshore gas unloading and storage operations and offshore carbon dioxide storage operations. 

This guide also explains how the costs are to be calculated and recovered and details the hourly fee rates.

Updated March 2020

Source: BEIS.

By WCS : 02 Apr 2020

MIN 612 (M and F) Amendment 1 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels

MIN 612 (M and F) Amendment 1 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels (link)

This MIN sets out the policy of the MCA with respect to UK Vessels which are prevented from arranging the relevant Surveys, Inspections and Audits required for compliance with the relevant Statutory Instruments due to the ongoing Coronavirus (COVID-19) outbreak.

The MIN has been reissued as Revision 1 on 25th March 2020 to incorporate developments in MCA policy and Government guidance regarding the COVID-19 pandemic.

Source: MCA.

By WCS : 02 Apr 2020

Marine licence application fees (1 April 2020 - 31 March 2021)

Marine licence application fees (1 April 2020 - 31 March 2021) (link)

The Marine Scotland Directorate of the Scottish Government has published fees for marine licence applications. The fees are set on 1st April each year in accordance with Regulation 6 of the Marine Licensing (Fees) (Scotland) Regulations 2011 (as amended) and are linked to the Consumer Price Index for February of the previous financial year.

Source: Scottish Government.

By WCS : 02 Apr 2020

Regulating occupational health and safety during the coronavirus (COVID-19) outbreak

Regulating occupational health and safety during the coronavirus (COVID-19) outbreak (link)

The HSE has published a statement outlining its response to the COVID-19 outbreak.

Source: HSE.

By WCS : 02 Apr 2020

Coronavirus Act 2020 (Extracts)

Coronavirus Act 2020 (Extracts) (link)

Extracts related to the oil and gas industry from the newly published Coronavirus Act 2020 have been added to Weston Online. Relevant sections (and their corresponding schedules) include:

49. Health protection regulations: Scotland (with Schedule 19)

50. Power to suspend port operations (with Schedule 20)

51. Powers relating to potentially infectious persons (with Schedule 21)

Source: HSMO.

By WCS : 01 Apr 2020

EEMS Halogens Update

EEMS Halogens Update (link)

BEIS OPRED has today (Tuesday 31st March) emailed its stakeholders to inform them of the following -

Please be advised that the following Halogens have been added to the EEMS database:

HR or R438A

R448A

HFC-R449A

R442A

R290

Any returns submitted within the last 28 days will be available for edit under the Authorised tab on your EEMS Dashboard. Any returns from previous years you require to update can be unlocked by submitting the usual request form.

Please note that from 1st April 2020, OPRED communications will be issued via its website: 

https://www.gov.uk/government/publications/oil-and-gas-opred-communications

To keep up to date with OPRED general communications, please sign up to alerts on the OPRED website. Please cascade this notification to relevant parties within your organisation to make them aware of the change and give them the opportunity to sign up for these alerts. OPRED may still contact you by email where requests for information or returns are being made.

Source: BEIS OPRED.

By WCS : 31 Mar 2020

Scottish Crown Estate: Strategic Management Plan

Scottish Crown Estate: Strategic Management Plan (link)

Marine Scotland has published its Strategic Management Plan for the Scottish Crown Estate.

The plan looks at objectives, priorities and policies for the future management of the estate to deliver wider and long-term social, economic and environmental benefits.

Source: Marine Scotland.

By WCS : 31 Mar 2020

Joint Working Protocol between Scottish Environment Protection Agency, Scottish Natural Heritage and Marine Scotland for the implementation of the Environmental Liability (Scotland) Regulations 2009

Joint Working Protocol between Scottish Environment Protection Agency, Scottish Natural Heritage and Marine Scotland for the implementation of the Environmental Liability (Scotland) Regulations 2009 (link)

This Joint Working Protocol sets out the manner in which the Parties will work in partnership to implement the Environmental Liability (Scotland) Regulations 2009 (as amended).

Source: SEPA.

By WCS : 31 Mar 2020

Final Reminder - OPRED Communications - New Approach

Final Reminder - OPRED Communications - New Approach (link)

BEIS OPRED has today (Monday 30th March 2020) emailed its stakeholders to remind them of the following:

OPRED are changing their communications process from 1st April 2020 (Wednesday). Going forward, all OPRED communications will be issued via the website. The interim period where communications have been issued using both email and the subscription service will end tomorrow (Tuesday 31st March 2020).

It would be appreciated if you could cascade this notification to the relevant parties within your organisation to make them aware of the change and give the opportunity to sign up for the alerts. They can be found at https://www.gov.uk/government/organisations/offshore-petroleum-regulator-for-environment-and-decommissioning

Please note OPRED may still contact you by email where requests for information or returns are being made.

Questions can be directed towards the Business Support Team at bst@beis.gov.uk

Source: BEIS OPRED.

By WCS : 30 Mar 2020

MCA survey and inspection customer update - COVID-19

MCA survey and inspection customer update - COVID-19 (link)

Owing to the ongoing COVID-19 situation all MCA marine office and business unit buildings are now closed. All survey and inspection staff, including all office-based business support teams, are working remotely.

Further details on contacting the MCA can be found at the link above.

Source: MCA.

By WCS : 30 Mar 2020

Extension to the Validity of Diving Medicals

Extension to the Validity of Diving Medicals (link)

The Health and Safety Executive (HSE) is aware that people holding certificates of medical fitness to dive, might experience disruption in access to Approved Medical Examiners of Divers (AMEDs) for renewal medical examinations as a result of events or circumstances generated by the coronavirus pandemic.

Regulation 15 of the Diving at Work Regulations 1997 (DWR) requires that the certificate of medical fitness to dive shall state that the period of validity of the medical which can be a maximum of 12 months, and any limitations or conditions that may apply. These limitations or conditions may relate to the type of diving, or the period that the certificate is valid for, eg it may be a shorter validity than 12 months.

If a diver is unable to undertake a medical re-examination with an AMED for reasons associated directly with coronavirus or as a result of complying with related government advice, HSE will accept the validity of current certificates up until 1st June 2020 provided that the diver’s current certificate of medical fitness was issued with a full 12 months validity. HSE will review this matter over the coming months and will issue further statements as necessary.

Source: HSE.

By WCS : 27 Mar 2020

ORS4 No.1355: COVID-19 Outbreak: Exemption in Respect of the Requirement to Carry the Original EASA Airworthiness Review Certificate onboard the Aircraft during all flights

ORS4 No.1355: COVID-19 Outbreak: Exemption in Respect of the Requirement to Carry the Original EASA Airworthiness Review Certificate onboard the Aircraft during all flights (link)

The CAA has issued this exemption to allow operators the ability to carry a copy of the Airworthiness Review Certificate (ARC) onboard the aircraft for a period of up to 30-days after issue or extension of the ARC to allow the original certificate to be put onboard the aircraft.

Source: CAA.

By WCS : 26 Mar 2020

SN-2020/004: Operational Measures to Prevent the Spread of Coronavirus CoVID-19 Virus Infection

SN-2020/004: Operational Measures to Prevent the Spread of Coronavirus CoVID-19 Virus Infection (link)

The purpose of this Safety Notice is to strongly recommend that Commercial Air Transport (CAT) operators implement a cleaning and disinfectant regime.

Source: CAA.

By WCS : 25 Mar 2020

Operator monitoring assessment: environmental permits

Operator monitoring assessment: environmental permits (link)

Your environmental permit tells you what emissions to air and discharges to water you have to monitor. The Environment Agency checks you are doing it properly using an operator monitoring assessment (OMA). We carry out OMAs on installations we regulate under the Environmental Permitting (England and Wales) Regulations 2016. The process is explained here and shows you how you can prepare for an OMA.

Source: EA.

By WCS : 25 Mar 2020

SI 2020/245 The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020

SI 2020/245 The Wildlife and Countryside Act 1981 (Variation of Schedule 2) (England) Order 2020 (link)

This Order amends Part 1 of Schedule 2 to the Wildlife and Countryside Act 1981 (c. 69), which lists birds that may be killed or taken outside the close season, meaning to do so would not be an offence under section 1 of that Act.

Source: HMSO.

By WCS : 25 Mar 2020

Message from Andy Samuel, OGA Chief Executive

Message from Andy Samuel, OGA Chief Executive (link)

The OGA Chief Executive, Andy Samuel, has recently made a statement regarding the COVID-19 pandemic, its effect on industry and the measures the OGA is taking.

Source: OGA.

By WCS : 24 Mar 2020

Fit testing face masks to avoid transmission: coronavirus (COVID-19)

Fit testing face masks to avoid transmission: coronavirus (COVID-19) (link)

This document describes the importance of having a face mask fitted correctly to the wearer's face in order to ensure good respiratory protection for the wearer and avoid transmission of the Coronavirus (COVID-19) to others.

Source: HSE.

By WCS : 24 Mar 2020

How to apply for a certificate of equivalent competency

How to apply for a certificate of equivalent competency (link)

This document discusses how to apply for a certificate of equivalent competency from the MCA.

Source: MCA.

By WCS : 23 Mar 2020

CAA charge proposal delay

CAA charge proposal delay (link)

As a consequence of the severity of the current COVID-19 outbreak and its impact worldwide, the CAA has decided to delay the implementation of its recently proposed charge increases for three months to assist the UK aviation industry in these difficult times.

You can see more information at Schemes of Charges.

The CAA currently intends to review these matters in June 2020.

Source: CAA.

By WCS : 23 Mar 2020

Consultation Outcome: CAA Statutory Charges 2020-21

Consultation Outcome: CAA Statutory Charges 2020-21

The CAA ran a consultation on proposed amendments to their statutory charges, due to take effect from the 1st of April 2020. 

The consultation ran from 13th December 2019 to 7th February 2020.

Details of responses to the main concerns expressed by the respondents have now been published and can be found here.

Source: CAA.

By WCS : 23 Mar 2020

UK National Data Repository: Data leads the drive to help maximise economic recovery

UK National Data Repository: Data leads the drive to help maximise economic recovery (link)

Six thousand subscribers from hundreds of organisations have downloaded more than 340 terabytes – equivalent to around 85,000 HD movies - of information in the year since the Oil & Gas Authority (OGA) launched the National Data Repository (NDR) on 25 March 2019.

The NDR is already proving to be a vital tool in the aim of maximising economic recovery from the UKCS as the easy availability of data is helping companies make better decisions in areas such as exploration and investment.

Importantly, it is also supporting the net zero agenda as the information – some of which has not been freely accessible since it was first gathered in the mid-sixties – can now be reassessed to help to determine whether or not a particular site may be suitable for carbon storage.

Improvements to the service, which will allow it to support new types of information such as seismic field data and make it easier to download large quantities of data more quickly, will be unveiled later in the year. 

Source: OGA.

By WCS : 23 Mar 2020

OPRED - The Impacts of COVID-19: Compliance

OPRED - The Impacts of COVID-19: Compliance

BEIS OPRED has today (Friday 20th March) contacted its stakeholders by email.

A number of stakeholders have contacted OPRED to express concerns regarding compliance with permit conditions during the exceptional circumstances experienced as a direct result of the Covid-19 virus.

To minimise risk to personnel, a number of offshore work scopes are being postponed by operators, some of which will have direct impacts on compliance with permit conditions. An example of this would be an operator postponing samples being taken for compliance with EU ETS obligations.

It is essential that operators continue to uphold the high standards of safety and environmental protection required to operate in the UKCS. No changes have been made to the legislation applicable to these operations, and as such, operators continue to be bound by the requirements. 

OPRED is mindful of the additional challenges that the Covid-19 virus has brought to the industry and recommends early engagement with OPRED staff if compliance concerns arise. Where possible, the department will discuss available variations or notifications that can be made to minimise the potential non-compliance associated with a Covid-19 impact.

Source: BEIS OPRED.

By WCS : 20 Mar 2020

OPRED - The Impacts of COVID-19: Working Practices

OPRED - The Impacts of COVID-19: Working Practices

BEIS OPRED has today (Friday 20th March) contacted its stakeholders by email.

Although the health and well-being of OPRED's staff and stakeholders remains its highest priority at this time, it aims to continue to deliver its regulatory functions as far as possible by changing its working practices.

In line with government advice, from Thursday 19 March 2020, all OPRED staff moved to remote working, which its IT systems and equipment allow for. During this time, the OPRED general enquiries phone number will not be operational; however, the emergency line will continue to be manned. All general enquiries should be sent to the Business Support Team (BST), using the following email address: BST@beis.gov.uk.

Where enquiries are sent directly to Environmental Managers or Offshore Environmental Inspectors, please copy in BST to the emails. This will help us to manage your queries effectively.

Source: BEIS OPRED.

By WCS : 20 Mar 2020

OGA COVID-19 Response

OGA COVID-19 Response (link)

As the COVID-19 situation continues to quickly change, the OGA wants to inform you of its response.

The OGA is continuing to remain focused on supporting the UK oil and gas industry through this difficult time. In support of its people, all staff have been asked to work remotely. Their offices remain closed to visitors and many meetings will be rescheduled or held over video conferencing or phone.

Key focus areas for the immediate term include:

- Financial Resilience - Tom Wheeler, Director of Regulation

- Operations - Scott Robertson, Director of Operations

- Exploration - Nick Richardson, Head of Exploration & New Ventures

- Supply Chain - Stuart Payne, Director of Supply Chain, Decommissioning & HR

- Comms & External Affairs - Chris Walker, Head of Communications & External Affairs

A list of useful email addresses is available on the page linked to by this news item.

The OGA Switchboard remains open: Telephone 0300 020 1010 or 1090

Source: OGA.

By WCS : 20 Mar 2020

COVID-19: shipping and sea ports guidance

COVID-19: shipping and sea ports guidance (link)

This information will assist ships (including cargo vessels, ferries and cruise ships) and sea ports in providing advice to staff on addressing coronavirus (COVID-19), on ships and in sea ports.

Ships and sea ports will collectively be referred to as a ‘marine setting’ in this guidance.

This guidance may be updated in line with the changing situation.

Main messages are:

- before boarding the ship, crew and passengers should be asked if they have a new, continuous cough or a high temperature

- if someone becomes unwell with a new, continuous cough or a high temperature, they should be sent home or to their cabin

- everyone should be reminded to wash their hands for 20 seconds more frequently than normal

- crew and passengers should be given clear instructions on what to do if they develop symptoms and how and to whom they should report this

- the Master of the Ship should notify the Port Health Authority about any suspected cases of coronavirus (COVID-19) as soon as possible, who will then inform the local Health Protection Team

- appropriate use of personal protective equipment (PPE) and cleaning of surfaces that a person with symptoms has come into contact with are key measures to stop the spread of the virus

A guidance poster has also been published which can be found here.

Source: Public Health England, Department for Transport and Maritime and Coastguard Agency.

By WCS : 20 Mar 2020

SSI 2020/77 (c. 9) The Scottish Crown Estate Act 2019 (Commencement No. 2 and Saving Provisions) Regulations 2020

SSI 2020/77 (c. 9) The Scottish Crown Estate Act 2019 (Commencement No. 2 and Saving Provisions) Regulations 2020 (link)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 46(2) of the Scottish Crown Estate Act 2019(1).

This regulation comes into force on the 1st April 2020.

Source: HMSO.

By WCS : 19 Mar 2020

MIN 612 (M and F) Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels

MIN 612 (M and F) Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels (link)

This MIN sets out the policy of the MCA with respect to UK Vessels which are prevented from arranging the relevant Surveys, Inspections and Audits required for compliance with the relevant Statutory Instruments due to the ongoing Coronovirus (COVID-19) outbreak.

This MIN expires on the 16th September 2020.

Source: MCA.

By WCS : 19 Mar 2020

Marine Pollution Contingency Plan, March 2020

Marine Pollution Contingency Plan, March 2020 (link)

This plan specifies:

- the Marine Management Organisation’s (MMO) support to response to major marine pollution incidents

- the MMO’s statutory role regarding the use of oil treatment products in responding to oil spills.

As a non-departmental public body, the MMO takes direct responsibility for maintaining and implementing this plan.

The plan will be reviewed regularly. The Department for Environment, Food and Rural Affairs (Defra), Maritime and Coastguard Agency (MCA) and Department of Business, Energy and Industrial Strategy (BEIS) will be notified of any changes to this plan. The most recent version will always be available on the MMO’s website.

Updated version from March 2020.

Source: MMO.

By WCS : 18 Mar 2020

SI 2020/208 The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020

SI 2020/208 The Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 (link)

These Regulations may be cited as the Oil and Gas Authority (Levy and Fees) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2020 and come into force on 1st April 2020.

Source: HMSO.

By WCS : 18 Mar 2020

SSI 2020/67 (C.5) The Planning (Scotland) Act 2019 (Commencement No. 4 and Transitional Provision) Regulations 2020

SSI 2020/67 (C.5) The Planning (Scotland) Act 2019 (Commencement No. 4 and Transitional Provision) Regulations 2020 (link)

This document is a commencement order upon the Planning (Scotland) Act and comes into force on the 18 May 2020.

Source: HMSO.

By WCS : 18 Mar 2020

SSI 2020/66 (C.4) The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (Commencement) Regulations 2020

SSI 2020/66 (C.4) The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (Commencement) Regulations 2020 (link)

These Regulations may be cited as the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (Commencement) Regulations 2020 and come into force on 23 March 2020.

Source: HMSO.

By WCS : 17 Mar 2020

Coronavirus (Covid-19) Contingency Plan and Guidelines for the services provided to Seafarers and Shipowners by the MCA

Coronavirus (Covid-19) Contingency Plan and Guidelines for the services provided to Seafarers and Shipowners by the MCA (link)

This document discusses what the contingency and guidelines are for seafarers and shipowners as a result of the Coronavirus outbreak.

Source: MCA. 

By WCS : 17 Mar 2020

OPRED Out Of Hours Phone Number OPEP Updates

OPRED Out Of Hours Phone Number OPEP Updates

As previously communicated by BEIS OPRED, due to a change in telephone systems at the Met Office, a new number has been assigned for the OPRED Out of Hours function. The new Met Office number is: 0330 135 0010. All Oil Pollution Emergency Plans (OPEPs) containing the Met Office number must be updated with the new number by 31 March 2020, which will be considered as a minor change to the OPEP. 

See the following environmental alert for more details - Environmental Alert 001/2020 - Issue Date 14 January 2020

If you have already submitted updated OPEPs then please disregard this message.

Source: BEIS OPRED.

By WCS : 16 Mar 2020

SI 2020/216 (c.13) The Environment Act 1995 (Commencement No. 26) Order 2020

SI 2020/216 (c.13) The Environment Act 1995 (Commencement No. 26) Order 2020 (link)

This commencement order describes the coming into force dates of Section 118(4) and (5) of the Environment Act 1995. 

Source: HMSO.

By WCS : 16 Mar 2020

EA - Performance Standards and Test Procedures for Continuous Water Monitoring Equipment

EA - Performance Standards and Test Procedures for Continuous Water Monitoring Equipment (link)

This document contains the performance standards and test procedures for flowmeters used for the monitoring of raw water abstraction, treated wastewater discharges, ultraviolet disinfection processes and industrial processes.

Source: EA.

By WCS : 16 Mar 2020

OGA Supply Chain & Exports Strategy

OGA Supply Chain & Exports Strategy (link)

The OGA has published the new Supply Chain and Exports Strategy, in conjunction with the MER UK Supply Chain and Exports Task Force.

Source: OGA.

By WCS : 13 Mar 2020

MIN 611 (M+F) Guidance and information to follow in the event of COVID-19 outbreak impacting UK seafarer services

MIN 611 (M+F) Guidance and information to follow in the event of COVID-19 outbreak impacting UK seafarer services (link)

This MIN provides guidance and information on best practices in the event of a COVID-19 pandemic and subsequent outbreak in the United Kingdom that could impact essential Seafarer Training and Certification services delivered by the Maritime & Coastguard Agency.

This MIN expires on 9th March 2021.

Source: MCA.

By WCS : 13 Mar 2020

Open Consultation: Reforming Regulation Initiative

Open Consultation: Reforming Regulation Initiative (link)

BEIS is inviting businesses and the public to suggest how regulation could be improved.

This consultation closes at 11:45pm on 11th June 2020.

Source: BEIS.

By WCS : 12 Mar 2020

Update to OGA PWA Applications Webpage

Update to OGA PWA Applications Webpage (link)

The OGA has recently updated its PWA Applications webpage to inform stakeholders that both a word and pdf copy of an application should be sent to consents@ogauthority.co.uk.

Source: OGA.

By WCS : 12 Mar 2020

ORS4 No.1348: Carriage of Alcohols, n.o.s. and Ethanol solution carried in the Aircraft Cabin

ORS4 No.1348: Carriage of Alcohols, n.o.s. and Ethanol solution carried in the Aircraft Cabin (link)

In line with government recommendations relating to COVID-19, the CAA has issued an approval to allow UK operators of UK registered aircraft to carry and use hand sanitiser in the cabin.

UK Operators holding a UK Dangerous Goods approval, who chose to carry replacement hand sanitiser within the aircraft cargo compartment must do so in full compliance with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI).

Please note: ORS4 No. 1348 has superceded ORS4 No. 1347 (which was published on 6th March 2020) as of 11th March 2020.

Source: CAA.

By WCS : 11 Mar 2020

UK Offshore Energy Strategic Environmental Assessment: latest research project report

UK Offshore Energy Strategic Environmental Assessment: latest research project report (link)

BEIS has published its latest report resulting from research projects commissioned as part of the UK Offshore Energy Strategic Environmental Assessment programme. The report is entitled 'Aerial survey data for monitoring harbour porpoise population health'.

Source: BEIS.

By WCS : 11 Mar 2020

OPRED – Notification that CUBS inbox no longer in use

OPRED – Notification that CUBS inbox no longer in use (link)

The OPRED Business Support Team (BST) has restructured and now uses one inbox – bst@beis.gov.uk. 

The CUBs email address is no longer in use, although an auto-forward is currently in place. All correspondence and email should now be sent to the BST address. 

Source: BEIS OPRED.

By WCS : 10 Mar 2020

Change of Directorate for OGA Decommissioning Team

Change of Directorate for OGA Decommissioning Team (link)

The Oil and Gas Authority’s (OGA) Decommissioning Team, which previously sat within the Operations Directorate, will now sit within a directorate covering Supply Chain, Decommissioning and HR, reporting to Stuart Payne.

With the supply chain playing a key role in delivering further decommissioning cost efficiency, this decision will ensure that those working on the OGA’s decommissioning and supply chain activities are working ever more closely together.

Source: OGA.

By WCS : 10 Mar 2020

Energy audits and reporting research, including the Energy Savings Opportunity Scheme

Energy audits and reporting research, including the Energy Savings Opportunity Scheme (link)

BEIS has recently published findings from research into the effectiveness of energy audits and reporting in identifying and delivering energy efficiency savings across organisations. This includes the Energy Savings Opportunity Scheme (ESOS).

Further information can be found here.

Source: BEIS.

By WCS : 10 Mar 2020

ORS4 No.1347: Carriage of Alcohols, n.o.s. and Ethanol solution carried in the Aircraft Cabin

ORS4 No.1347: Carriage of Alcohols, n.o.s. and Ethanol solution carried in the Aircraft Cabin (link)

In line with government recommendations relating to COVID-19, the Civil Aviation Authority (CAA) has issued an approval to allow UK operators to carry and use hand sanitiser in the cabin.

UK Operators holding a UK Dangerous Goods approval, who chose to carry replacement hand sanitiser within the aircraft cargo compartment must do so in full compliance with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI).

UPDATE: This publication was superceded by ORS4 No.1348 on 11th March 2020.

Source: CAA.

By WCS : 10 Mar 2020

Protecting Scotland’s environment

Protecting Scotland’s environment (link)

A new strategy to ensure Scotland’s nature is protected and restored with flourishing biodiversity has been published by the Scottish Government.

Source: Scottish Government.

By WCS : 04 Mar 2020

Further information on new approach to OPRED communications

Further information on new approach to OPRED communications (link)

OPRED has recently emailed all stakeholders to provide further information on its new approach to issuing formal communications.

As previously notified, OPRED is changing their communications process from the 1st April 2020. Going forward, all OPRED communications will be issued via the website. The interim period where it has issued communications using both emails and the subscription service will end on 31st March 2020.

OPRED would appreciate if this notification can be cascaded to the relevant parties within your organisation to make them aware of the change and give them the opportunity to sign up for the alerts.  They can be found at https://www.gov.uk/government/organisations/offshore-petroleum-regulator-for-environment-and-decommissioning

Please note OPRED may still contact you by email where requests for information or returns are being made. 

Should you have any questions in this regard, the Business Support Team can be contacted at bst@beis.gov.uk.

Source: BEIS OPRED.

By WCS : 03 Mar 2020

Unconventional oil and gas: strategic environmental assessment - post adoption statement

Unconventional oil and gas: strategic environmental assessment - post adoption statement (link)

The Scottish Government has published its policy position of no support for the development of unconventional oil and gas (UOG) in Scotland.

Source: Scottish Government.

By WCS : 03 Mar 2020

SN-2020/003: Carbon Monoxide Contamination Minimisation & Detection in General Aviation Aircraft

SN-2020/003: Carbon Monoxide Contamination Minimisation & Detection in General Aviation Aircraft (link)

The purpose of this Safety Notice is to raise awareness of (i) the hazards associated with carbon monoxide exposure, (ii) the means of minimising the likelihood of carbon monoxide contamination and (iii) to provide guidance on the use of carbon monoxide detectors in general aviation aircraft.

Source: CAA.

By WCS : 03 Mar 2020

Optimising offshore working patterns: HSE shared research project

Optimising offshore working patterns: HSE shared research project (link)

The HSE is seeking project partners to fund a programme of work packages designed to establish an evidence base to optimise offshore working patterns.

Over the past few years, shift rotas have changed significantly on the UK Continental Shelf and there is now more variation than ever in shift patterns and working arrangements. However, the health and safety effects of longer offshore tours of duty have received very little attention or research. Given current industry shift pattern trends, there is a pressing need to address these gaps and develop an evidence base for further industry guidance.  

In October 2019, the HSE held a workshop in Aberdeen to discuss the options for shared research regarding optimising offshore working patterns. Following this workshop, a programme of work has been developed that seeks to improve our understanding of the impact of different types of offshore working patterns on fatigue and associated health and safety performance by establishing a body of evidence relating to shift design, intershift recovery and fatigue risk management practices.

The HSE is now seeking funding partners for a range of technical work packages.

A programme overview is available here and provides further information on how to get involved.

Source: HSE.

By WCS : 03 Mar 2020

MGN 560 Amendment 1 (M) Life-saving appliances - Requirements for Maintenance, Thorough Examination, Operational Testing, Overhaul and Repair of Lifeboats Rescue Boats, Launching Appliances and Release Gear

MGN 560 Amendment 1 (M) Life-saving appliances - Requirements for Maintenance, Thorough Examination, Operational Testing, Overhaul and Repair of Lifeboats Rescue Boats, Launching Appliances and Release Gear (link)

This Marine Guidance Note (MGN), as amended, replaces MGN 560 (M) and details the requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats, rescue boats, launching appliances and release gear for UK registered ships, as required by Regulation 20 of Chapter III of the International Convention for the Safety of Life at Sea 1974, as amended (SOLAS Chapter III), following the adoption of Resolution MSC.402(96) by the International Maritime Organization (IMO).

This MGN should be read in conjunction with IMO Resolutions MSC.402(96) and MSC.404(96); and Circular MSC.1/Circ.1578

This MGN also provides guidance on the use of a static test in place of dynamic 5-yearly tests and advice on how to prevent injury during the hook release test.

Source: MCA.

By WCS : 03 Mar 2020

MGN 624 (M and F) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 as amended

MGN 624 (M and F) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 as amended (link)

This Marine Guidance Note provides guidance on the requirements for the protection of those working on board ships from the risks related to exposure to carcinogens and mutagens at work.

Source: MCA.

By WCS : 03 Mar 2020

MIN 609 (M and F) Implementation of Electronic Certificates

MIN 609 (M and F) Implementation of Electronic Certificates (link)

This note describes the initial implementation by the MCA of Electronic Certificates and the means by which their validity may be verified.

This MIN expires 31st December 2020.

Source: MCA.

By WCS : 03 Mar 2020

Open General Export Licence (Technology for Dual-Use Items) - from June 2019, Updated Feb 2020

Open General Export Licence (Technology for Dual-Use Items) - from June 2019, Updated Feb 2020 (link)

This document discusses how a general export authorisation licence is used for technology for dual-use items.

This document was last updated on 18th February 2020.

Source: Department for International Trade.

By WCS : 03 Mar 2020

MIN 607 (M and F) Port and Terminal Refusal of Requests to Conduct Boat Drills

MIN 607 (M and F) Port and Terminal Refusal of Requests to Conduct Boat Drills (link)

This Marine Information Note (MIN) is issued to provide information on the actions to be taken if a vessel has had their request to conduct three-monthly lifeboat and rescue boat drills, as required by SOLAS, refused.

Source: MCA.

By WCS : 02 Mar 2020

MGN 544 (M and F) Life-Saving Appliances - Means of Recovery of Persons from the Water by Ships and Boats - Plans, Procedures and Acceptance of Recovery Equipment

MGN 544 (M and F) Life-Saving Appliances - Means of Recovery of Persons from the Water by Ships and Boats - Plans, Procedures and Acceptance of Recovery Equipment (link)

This Marine Guidance Note (MGN) informs the reader of an International Convention for the Safety of Life at Sea, 1974 (SOLAS) Regulation requiring all SOLAS ships to have plans and procedures for the recovery of persons from the water which follow the International Maritime Organization (IMO) guidelines outlined in Annex 1 of this MGN. Furthermore, it provides guidance for all non-SOLAS UK vessels (e.g. fishing vessels and small craft) to consider these international provisions as industry guidance.

Source: MCA.

By WCS : 02 Mar 2020

Control and monitor emissions for your environmental permit

Control and monitor emissions for your environmental permit (link)

This guidance relates to controlling and monitoring emissions from your activities that may cause pollution.

Source: EA.

By WCS : 26 Feb 2020

Environmental permit: pre-application advice form including nature and heritage conservation screening

Environmental permit: pre-application advice form including nature and heritage conservation screening (link)

The Environment Agency’s permitting service offers basic pre-application advice to help you get your permit application right first time. The basic level of pre-application advice is free.

The Environment Agency has a legal duty to screen all the activities they permit to identify those that may have a detrimental effect on heritage and nature conservation sites, protected species and habitats.

Source: EA.

By WCS : 26 Feb 2020

Environmental consent and environmental enforcement notice appeals: forms and guidance

Environmental consent and environmental enforcement notice appeals: forms and guidance (link)

How to make an environmental consent or enforcement notice appeal.

You have the right to make an environmental appeal to Scottish Ministers where decisions are made by regulatory authority's such as the Scottish Environment Protection Agency (SEPA) or Scottish Water in the following types of cases:

- pollution prevention and control

- water environment

- waste management

- radioactive substances

- environmental impact assessment - agriculture

- private water supplies

Source: Scottish Government

By WCS : 26 Feb 2020

Consultation Analysis: Scottish Crown Estate draft strategic management plan

Consultation Analysis: Scottish Crown Estate draft strategic management plan

Marine Scotland held a consultation in November 2019 which sought views on its Strategic Management Plan which was being developed for the Scottish Crown Estate.

An analysis of the responses is now available and can be found here.

Source: Marine Scotland.

By WCS : 25 Feb 2020

Open Consultation: 32nd Seaward Licensing Round Appropriate Assessment

Open Consultation: 32nd Seaward Licensing Round Appropriate Assessment

BEIS is currently seeking views on the Appropriate Assessment of Blocks applied for in the 32nd Seaward Licensing Round.

The consultation closes at 5pm on 7th April 2020. Further details can be found here.

Source: BEIS.

By WCS : 25 Feb 2020

Update on OGA Levy

Update on OGA Levy (link)

As set out in Chairman Tim Eggar’s speech on 15 January the OGA will revise the levy for the financial year 20/21 to accommodate new work, including work relating to the Net Zero target.  For licensees wishing to know the amount of their levy, this will -  as with previous years - be calculated in April and licensees will then be notified.

Source: OGA.

By WCS : 19 Feb 2020

SR2018 No 4 Standard Rules Specified Generator, Tranche B low risk, 0 - 20 MWth of gas or abated diesel engines less than 500 hours a year

SR2018 No 4 Standard Rules Specified Generator, Tranche B low risk, 0 - 20 MWth of gas or abated diesel engines less than 500 hours a year (link)

This document shows that when referred to in an environmental permit these rules will allow the operator to operate one or more Tranche B Specified Generators operated for a maximum of 500 hours a year which are gas or abated diesel engines which may be providing a balancing service in the peaking market to the National Grid. Individual unit capacity is less than 1 MWth to less than or equal to 20MWth and the total is less than or equal to 20.0 MWth at the specified location which is in rural and urban areas where the NO2 background has sufficient headroom. Includes secondary abatement on diesel engines or, where necessary, on gas engines.

Source: EA.

By WCS : 18 Feb 2020

MSN 1889 (M+F) Amendment 1 merchant shipping and fishing vessels health and safety at work biological agents regulations 2010 as amended

MSN 1889 (M+F) Amendment 1 merchant shipping and fishing vessels health and safety at work biological agents regulations 2010 as amended (link)

The purpose of this Merchant Shipping Notice is to give detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 as amended (“the Biological Agents Regulations”).

This notice should be read in conjunction with Marine Guidance Note MGN 20 (M+F), which provides details of, and guidance on, the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997. 

Source: MCA.

By WCS : 18 Feb 2020

SR2018 No 7 Standard rules for new low risk, stationary Medium Combustion Plant 1 < 20 MWth

SR2018 No 7 Standard rules for new low risk, stationary Medium Combustion Plant 1 < 20 MWth (link)

This document shows when referred to in an environmental permit these rules will allow the operator to operate one or more new medium combustion plant (MCP) between 1 MWth to less than 20MWth which were put in operation on or after 20/12/2018 at a specified location which may be in an Air Quality Management Area (AQMA).

MCPs acting as Generators may only do where power is used for direct-drive applications, or as a back-up generator.

Source: EA.

By WCS : 17 Feb 2020

SR2018 No 5 Standard rules Specified Generator, Tranche B low risk, 0 - 20 MWth of gas or abated diesel engines less than 1500 hours a year

SR2018 No 5 Standard rules Specified Generator, Tranche B low risk, 0 - 20 MWth of gas or abated diesel engines less than 1500 hours a year (link)

This guidance discusses how an environmental permit these rules will allow the operator to operate one or more Tranche B Specified Generators operated for a maximum of 1500 hours a year which are gas fired or abated diesel engines which may be providing a balancing service in the peaking market to the National Grid. Individual unit capacity is less than 1 MWth to less than or equal to 20MWth and the total is less than or equal to 20.0 MWth at the specified location which is in rural and urban areas where the NO2 background has sufficient headroom. Includes secondary abatement on diesel engines or, where necessary, on gas engines. 

Source: EA. 

By WCS : 17 Feb 2020

Fluorinated gases and ozone-depleting substances: how to do business from 1 January 2021

Fluorinated gases and ozone-depleting substances: how to do business from 1 January 2021 (link)

This is guidance on how to comply with fluorinated gas (F gas) and ozone-depleting substances (ODS) regulations from 1 January 2021.

Source: EA. 

By WCS : 17 Feb 2020

Fluorinated gases and ozone-depleting substances: how to do business in the transition period

Fluorinated gases and ozone-depleting substances: how to do business in the transition period (link)

This guidance outlines how businesses can continue to trade and deal in fluorinated gases (F gas) and ozone-depleting substances (ODS) in the UK and EU during the transition period.

Source: EA.

By WCS : 17 Feb 2020

Meeting climate change requirements from 1 January 2021

Meeting climate change requirements from 1 January 2021 (link)

The EU ETS will continue for the 2019 and 2020 compliance years during the transition period from 1 February 2020 to 1 January 2021. This information is for businesses affected by EU ETS, with accounts in the Kyoto Protocol National Registry, those involved with the geological storage of carbon dioxide and those affected by the Ecodesign and Energy Labelling standards. 

Source: BEIS.

By WCS : 17 Feb 2020

OGA - Minor update to PWA Applications Templates

OGA - Minor update to PWA Applications Templates (link)

The Oil & Gas Authority (OGA) has made a minor update to the following templates for pipeline works authorisations (PWAs):

- PWA Variation (Category 1)

- PWA Variation (Category 2)

- Options (Category 2)

- Decommissioning

A line for a PWA reference number has been added to these documents on the front page between 'Name of Project inc. Field' and 'PA Ref'.

The Deposit Consent Template has not been updated but already contains this new line and has had its file name changed to include 'february-2020'.

Source: OGA.

By WCS : 14 Feb 2020

Produced Water Risk Based Approach Schedule 2021 to 2024

Produced Water Risk Based Approach Schedule 2021 to 2024

BEIS OPRED has recently emailed its stakeholders regarding produced water discharges from offshore installations. 

OPRED is currently preparing an update to the guidance for the Risk Based Approach (RBA) for the management of produced water discharges from offshore installations and will share that update in Q2 2020. The next cycle of the RBA will commence in 2021 until 2024 and at the request of operators it is sharing the schedule prior to sharing the updated guidance.* This request was made so that operators could take into consideration the next RBA schedule as part of the budgeting process for the next financial year. The purpose of next RBA cycle is to evaluate the effectiveness of any risk management undertaken by an operator in helping to reduce the environmental risk associated with a produced water discharge.

Installations included on the schedule will undertake whole effluent toxicity testing of the produced water as part of the next RBA schedule. It is important to note that the updated guidance will still follow the six step, four tier process outlined in the current guidance. However, the update to the guidance will mean that an installation may not need to undertake all four tiers if results meet certain criteria.

The risk associated with a produced water discharge with a PEC/PNEC

If during the next schedule there is a potential change in the environmental risk associated with a produced water discharge, then the Department will consider whether that change to the produced water discharge would support the inclusion or removal of an installation from the RBA schedule. It is also acknowledged that there may be some installations on the schedule that have a confirmed cessation of production date during the schedule, if this is the case then the installation could be removed from the schedule. If there is any doubt about whether an installation should be included or removed from the schedule, then please contact your assigned Environmental Manager to discuss.

It is also possible to submit a request to swap with another installation in the schedule, particularly if there is a preference for an installation to undertake the RBA study earlier or later in the schedule. Any requests should be sent to your assigned Environmental Manager and where possible will be accommodated.

All correspondence related to the RBA schedule must be copied to bst@beis.gov.uk to ensure all changes to the schedule are tracked.

*The schedule was included as an attachment to this email. If you did not receive the email and would like it sent to you please contact bst@beis.gov.uk

Source: BEIS OPRED.

By WCS : 14 Feb 2020

SI 2020/115 The Carbon Accounting (Provision for 2018) Regulations 2020

SI 2020/115 The Carbon Accounting (Provision for 2018) Regulations 2020 (link)

These Regulations make provision for carbon accounting in respect of 2018 for the purposes of Part 1 of the Climate Change Act 2008. They form part of the rules for determining the net UK carbon account – defined in section 27(1) of the Act. The amount of the net UK carbon account for different periods determines whether the targets in the Act for emissions reductions have been met. These Regulations are relevant to the third carbon budget set under the Act, covering 2018-2022.

Source: HMSO.

By WCS : 13 Feb 2020

Interactive OGA tool for sharing decommissioning learnings provides valuable insight

Interactive OGA tool for sharing decommissioning learnings provides valuable insight (link)

The Oil and Gas Authority (OGA) has recently announced that they would like to encourage decommissioning professionals to increase their usage of a valuable online resource.

The OGA’s interactive Decommissioning Learning microsite was set up in July 2018 to capture and promote late life and decommissioning learnings. The tool is updated quarterly with new lessons and industry knowledge, with a number of quizzes to test user understanding. The site also has useful links to relevant guidance documents and a range of success stories.

Source: OGA.

By WCS : 13 Feb 2020

Details on upcoming seismic surveys in the Southern North Sea Harbour Porpoise SAC

Details on upcoming seismic surveys in the Southern North Sea Harbour Porpoise SAC

BEIS OPRED have recently emailed all stakeholders regarding seismic surveys.

As part of its ongoing management of impulsive noise activities within the Southern North Sea SAC (SNS SAC), OPRED alongside other government departments and regulators seek cooperation from oil and gas operators who are or may be planning any noisy activities (including geological surveys, explosive activity or piling) in this area over between April and September 2020.

OPRED request operators to provide information of geological survey or noisy activity proposed that may impact the SNS SAC, including the type of activity, and the proposed geographical and temporal details.

Information should be submitted to bst@beis.gov.uk by the 6th March 2020. OPRED acknowledges that detailed information may not be currently available, but any information may be helpful. Operators should note that when information does become available, OPRED request that the details are forwarded to bst@beis.gov.uk.

Source: BEIS OPRED.

By WCS : 12 Feb 2020

EH40/2005 Workplace exposure limits. 4th Edition

EH40/2005 Workplace exposure limits, 4th Edition (link)

The HSE has recently updated its guidance on workplace exposure limits (WELs) which was last updated in 2018. This edition takes account of the new and amended occupational exposure limits. 

Source: HSE.

By WCS : 10 Feb 2020

MSN 1888 (M+F) Amendment 1 Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended

MSN 1888 (M+F) Amendment 1 Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended (link)

The purpose of this Merchant Shipping Notice is to provide detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended. 

Source: MCA.

By WCS : 10 Feb 2020

MGN 1890 (M and F) Amendment 1 health and safety at work - new and expectant mothers

MGN 1890 (M and F) Amendment 1 health and safety at work - new and expectant mothers (link)

This Merchant Shipping Notice gives detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 as they relate to new or expectant mothers. They also provide guidance on this subject. Many women continue to work while they are pregnant and return to work while breastfeeding.

Source: MCA.

By WCS : 07 Feb 2020

Protocol Notification: The Marine Environment (Amendment) (EU Exit) Regulations 2018

Protocol Notification: The Marine Environment (Amendment) (EU Exit) Regulations 2018 (link)

The Marine Scotland Directorate has published a Protocol Notification for The Marine Environment (Amendment) (EU Exit) Regulations 2018.

This notifies the Scottish Parliament of the Scottish Government’s intent to consent to the UK proposals in areas which are devolved to Scottish Ministers. This specifically relates to EU Exit-related amendments to The Marine Environment (Amendment) (EU Exit) Regulations 2018 and outlines the nature of the changes.

Source: Scottish Government.

By WCS : 07 Feb 2020

Open Consultation: OPRED and SNCBs for England and Northern Ireland - Noise Guidance

Open Consultation: OPRED and SNCBs for England and Northern Ireland - Noise Guidance

The Business Support Team from BEIS OPRED has recently sent an email out to all stakeholders regarding a Noise Guidance Consultation invitation from The Statutory Nature Conservation Bodies (SNCBs) for England and Northern Ireland.

BEIS OPRED wants to hear your views regarding the guidance approach and the relevance and validity of the evidence used to develop the approach in the guidance to inform their response. In particular they are keen to know whether there is any alternative evidence that has not been considered by the SNCBs. The SNS Regulators Working Group will also consider questions about collective implementation separately.

The guidance and a background note explaining the way evidence was used to develop the guidance were attached to the email sent out by BEIS OPRED*. Responses and comments should be returned to BST@beis.gov.uk by 5pm on Friday 28 February for inclusion in their response to the SNCBs by the 3rd March 2020. O&GUK, ICAG and IOGP contacts have been asked to disseminate the consultation package to their industry representatives as soon as possible. Any company or individual out with these associations should make their representations direct to OPRED.

*Should you not have received a copy of this email and the attachments, these can be requested from the Business Support Team at bst@bst.gov.uk.

Source: BEIS OPRED.

By WCS : 06 Feb 2020

Scottish Government - Marine Environment: Brexit Update

Scottish Government - Marine Environment: Brexit Update (link)

The Marine Scotland Directorate has published a factsheet regarding Brexit and its effect on the Marine Environment.

Source: Scottish Government.

By WCS : 06 Feb 2020

OGA launches mediation pilot for resolving UKCS licence disputes

OGA launches mediation pilot for resolving UKCS licence disputes (link)

The Oil and Gas Authority (OGA) has launched a year-long ‘UKCS Mediation Pilot’. The pilot aims to test the extent to which mediation can resolve certain disputes between oil and gas licensees, operators and infrastructure owners in the UK Continental Shelf.

Source: OGA.

By WCS : 04 Feb 2020

OPRED Communications - New Approach

OPRED Communications - New Approach

OPRED has recently sent out an email to all stakeholders providing information on their new approach to communications. From 1st April 2020, OPRED communications will be issued via its website.  There will be an interim period from 3rd February 2020 until the 31st March 2020 where they will continue to use both emails and the website.

A link to the page has been included below for ease: https://www.gov.uk/government/publications/oil-and-gas-opred-communications

To keep informed with OPRED general communications, you can sign up to alerts on the OPRED website.

Please note that OPRED may still make contact by email where requests for information or returns are being made.

Queries can be directed towards the Business Support Team at bst@beis.gov.uk

Source: BEIS OPRED.

By WCS : 03 Feb 2020

Open Consultation: Consultation on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Open Consultation: Consultation on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

The Maritime and Coastguard Agency (MCA) is currently seeking views on the draft Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.

The consultation closes at 5pm on Monday 30th March 2020. Further details can be found here.

Source: MCA.

By WCS : 03 Feb 2020

Open Consultation: Consultation on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

Open Consultation: Consultation on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

The Maritime and Coastguard Agency (MCA) is currently seeking views on the draft Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020.

The consultation closes at 5pm on Monday 30th March 2020. Further details can be found here.

Source: MCA.

By WCS : 03 Feb 2020

SR2018 No 1 standard rules Specified Generator, Tranche B low risk, base load operation between 0 – 5 MWth

SR2018 No 1 standard rules Specified Generator, Tranche B low risk, base load operation between 0 – 5 MWth (link)

This guidance has recently been updated. 

When referred to in an environmental permit these rules will allow the operator to operate one or more Tranche B Specified Generators which are natural gas or non-waste derived biogas fired engines or boilers which are CHPs. Individual unit capacity is <1-5MWth and the total is < 5.0 MWth at the specified location which may be in rural and urban areas where background NO2 has sufficient headroom.

Source: EA.

By WCS : 31 Jan 2020

Water management: abstract or impound water

Water management: abstract or impound water (link)

An abstraction or impoundment licence may be needed if you abstract or impound water or plan to do so. This guidance provides further details on the process.

(Applicable in England)

Source: EA.

By WCS : 31 Jan 2020

Fire prevention plans: environmental permits

Fire prevention plans: environmental permits (link)

The EA has recently updated their guidance on creating a fire prevention plan for when combustible waste is stored at sites where a permit is in place. They have added a template to the page which links to the above named document which can be found here. A link to the template can also be found within the document. They are carrying out a temporary trial of the template and are seeking feedback on it.

Source: EA.

By WCS : 31 Jan 2020

Preparing for and responding to energy emergencies

Preparing for and responding to energy emergencies (link)

This guidance document details how BEIS has planned for emergencies potentially affecting oil, gas and electricity production and supply, and the civil nuclear establishment.

Source: BEIS.

By WCS : 31 Jan 2020

Summary of response tools in the National Emergency Plan for Fuel

Summary of response tools in the National Emergency Plan for Fuel (link)

This document was first published in June 2011 and has been updated for the first time to incorporate additional tools into the plan.

The National Emergency Plan for Fuel (NEP-F) sets out government’s options, priorities and principles in responding to a major fuel supply disruption in Great Britain.

This document summarises the main tools within the NEP-F. Which measures are activated will depend on the specific disruption scenario, with a preference for the least invasive measure first.

Source: BEIS.

By WCS : 31 Jan 2020

MIN 606 Notification of suspension for some UK Certification of Competency holders

MIN 606 Notification of suspension for some UK Certification of Competency holders (link)

This MIN notes the Certificates of Competency (CoCs) and the endorsements on CoC’s (as listed in the Annex) which are suspended as of 00:01 GMT Monday 6 January 2020.

Source: MCA.

By WCS : 31 Jan 2020

MSN 1899 (M+F) Vessel Traffic Monitoring Notification and Reporting Requirements for Ships and Ports

MSN 1899 (M+F) Vessel Traffic Monitoring Notification and Reporting Requirements for Ships and Ports (link)

This notice deals with information to be provided by ships and port authorities in order to comply with Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (as amended).

This notice also explains processes for collecting information to meet reporting obligations described in European Union (EU) Directive 2010/65/EU on reporting formalities for ships arriving in and/or departing from ports of Member States and the following associated Directives and Regulations:

- EU Directive 2000/59/EC and Commission Directive (EU) 2015/2087

- EU Directive 2002/59/EC and EU Directive 2009/17/EC

- Regulation (EC) 725/2004

Information which must be passed to port authorities in order to meet these obligations should be collected electronically and using the Consolidated European Reporting System (CERS) Workbook where appropriate. The Workbook has been produced in collaboration with industry and aims to streamline reporting processes for vessels arriving at UK ports.

Source: MCA.

By WCS : 22 Jan 2020

Approved oil spill treatment products

Approved oil spill treatment products (link)

The MMO has recently updated their list of approved oil spill treatment products. The list includes the name, nature and type, and what they are approved for.

Source: MMO.

By WCS : 22 Jan 2020

Updated MMO Marine Planning Team Contact Details

Updated MMO Marine Planning Team Contact Details (link)

The Marine Management Organisation (MMO) has recently updated the specific regional contact details for their marine planning officers.

The MMO has marine planning officers based around the English coast who are available to provide interested parties with updates on development of marine plans in their specific areas.

Source: MMO.

By WCS : 22 Jan 2020

Planning and marine licence advice: standard terms for our charges

Planning and marine licence advice: standard terms for our charges (link)

Advice can be sought from the Environment Agency on a proposed development or marine licence application which they will charge for.

These standard terms set out the agreement under which the EA will provide charged advice. It covers:

- timescales they will work to

- how they charge for advice

- information that must be provided to them

- when they will share confidential information

- how to terminate or suspend an agreement

 Source: EA.

By WCS : 22 Jan 2020

Open Consultation: MCA - Review of marine guidance notes and methodology for offshore renewable energy installations

Open Consultation: MCA - Review of marine guidance notes and methodology for offshore renewable energy installations

The Maritime and Coastguard Agency (MCA) has launched a consultation on the revised MGNs and the revised methodology for assessing the navigational safety and emergency response of Offshore Renewable Energy Installations.

The consultation closes at 11.45pm on 15th April 2020. More details can be found here.

Source: MCA.

By WCS : 22 Jan 2020

Oil and Gas Authority review 2019

Oil and Gas Authority review 2019 (link)

BEIS is required by the Energy Act 2016 to conduct a review of the Oil and Gas Authority (OGA) every three years.

This three year review looks at the effectiveness of the OGA in meeting its objectives. It is the first such review as required by the Energy Act 2016 since the OGA was formed.

The report makes six recommendations covering the OGA’s:

- classification

- governance

- relationships with BEIS and its ministers

- future role

Source: BEIS.

By WCS : 21 Jan 2020

OGA Chairman challenges the sector to respond to the energy transition challenge

OGA Chairman challenges the sector to respond to the energy transition challenge

The Chairman of the Oil and Gas Authority (OGA) said that the oil and gas industry's ‘social licence to operate’ is under serious threat and there is no scope of a second chance, adding that it must do more to help solve the challenges of climate change and the drive to net zero.

Tim Eggar addressed a group of senior industry leaders at a meeting of the MER UK Steering Group in Aberdeen on 15 January. He called on industry to act much faster and go farther in reducing its carbon footprint. Ahead of the COP26 climate conference later this year, he suggested industry would need to develop a package of measures, including:

- The offshore industry to commit to clear measurable greenhouse gas targets, with real progress on methane.

- To show progress on carbon capture and storage, including work having started on major projects.

- Measurable progress on energy integration opportunities – for example, an electrification project.

- An acceleration of the move to ensure there is a diverse array of skills and people for the long-term energy offshore and supply industry.

He also outlined the OGA’s priority areas going forward and how the OGA will integrate the UK’s net zero ambitions across its core business.

A transcript of the speech can be found here.

Source: OGA.

By WCS : 17 Jan 2020

OPRED Enforcement Policy

OPRED Enforcement Policy (link)

OPRED has recently revised its Enforcement Policy.

Inspectors enforce the requirements on operators set out in statutory instruments (regulations) relevant to the protection of the offshore environment.

The enforcement methods available to Inspectors are detailed in the relevant legislation and include: a warning letter, the serving of an enforcement, improvement or prohibition notice, revocation of a permit and prosecution. This policy sets out the general principles that Inspectors shall follow in relation to enforcement including prosecution.

Source: BEIS/OPRED.

By WCS : 15 Jan 2020

Closed Consultation: Proposal to designate a Deep Sea Marine Reserve in Scottish waters

Closed Consultation: Proposal to designate a Deep Sea Marine Reserve in Scottish waters

The Scottish Government ran a consultation seeking views on the creation of a Deep Sea Marine Reserve to the West of Scotland, as part of the Scottish Marine Protected Area (MPA) network. 

The consultation ran from 27 September to 31 December 2019. Further details can be found here.

Source: Scottish Government.

By WCS : 15 Jan 2020

Closed Consultation: Crown Estate Scotland draft 2020-23 Corporate Plan

Closed Consultation: Crown Estate Scotland draft 2020-23 Corporate Plan

Crown Estate Scotland ran a consultation asking for feedback on their draft 2020-23 Corporate Plan.

It ran from 31 August 2019 to 9 December 2019. Further details can be found here.

Source: Crown Estate Scotland.

By WCS : 15 Jan 2020

Open Consultation: MMO - Marine Planning in England

Open Consultation: MMO - Marine Planning in England

The Marine Management Organisation (MMO) has launched the public consultation on the draft North East, draft North West, draft South East and draft South West Marine Plans.

The consultation will be open between 14 January 2020 and 6 April 2020. Further details can be found here.

Source: MMO.

By WCS : 15 Jan 2020

Consultation Outcome: MSN 1899: vessel traffic monitoring notification and reporting requirements for ships and ports

Consultation Outcome: MSN 1899 - vessel traffic monitoring notification and reporting requirements for ships and ports

The MCA held a consultation to seek views on the proposed new Merchant Shipping Notice (MSN) which combines information contained in the existing MSN 1831 and Marine Information Note (MIN) 540.

The consultation ran from the 1st of November to the 15th of November 2019. Details of the outcome have just been published and can be found here.

Source: MCA.

By WCS : 15 Jan 2020

Environmental Alert 001/2020 – MET Office out of hours incident reporting number change

Environmental Alert 001/2020 – MET Office out of hours incident reporting number change (link)

The purpose of this Environmental Alert is to inform industry of a change to the out of hours incident reporting number for the Met Office. The time the out of hours service provided by the Met office starts has also changed.

The OPRED out of hours incident reporting service is provided by the Met Office. The service contract was extended in July 2019 for the next three years. Due to a change in telephone systems at the Met Office, a new number has been assigned for the Out of Hours function.

The new Met Office number is: 0330 135 0010

This number is now live and will replace the previous number (01392 886160), which will be phased out by 31 March 2020. Until 31 March 2020 either number can be used.

All Oil Pollution Emergency Plans (OPEPs) containing the Met Office number must be updated with the new Met Office number by 31 March 2020, which will be considered as a minor change to the OPEP.

Please ensure all required personnel in your organisation are aware of this change.

The out of hours service has now also switched over to the Met Office from 16:00 each working day.

Any queries should be sent to bst@beis.gov.uk

Source: BEIS.

By WCS : 15 Jan 2020

MGN 625 (M and F) Application of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 (SI 1995/1802) as amended

MGN 625 (M and F) Application of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 (SI 1995/1802) as amended (link)

This notice provides interim guidance supplementing the guidance in sections 3 and Annex 7 of Merchant Shipping Notice MSN 1768 (M+F).

It further explains on the relationship between the mandatory treatments which must be carried on board vessels operating commercially, and the non-mandatory medicines and quantities listed in Annex to the MSN.

It also gives guidance on the role of risk assessment in determining the category of medical stores to be carried.

Source: MCA.

By WCS : 14 Jan 2020

MGN 623 (M and F) Telemedical Advice Service (TMAS) For Ships At Sea

MGN 623 (M and F) Telemedical Advice Service (TMAS) For Ships At Sea (link)

This Marine Guidance Note provides information on how to obtain telemedical advice (previously Radio Medical Advice) when a medical incident or medical emergency arises at sea.

It explains that contact should first be made with HM Coastguard, who will then put the caller in touch with one of the UK's designated TMAS providers.

Source: MCA.

By WCS : 14 Jan 2020

MIN 604 (M and F) Anchoring – Avoiding damage to cables and pipelines

MIN 604 (M and F) Anchoring – Avoiding damage to cables and pipelines (link)

This Note highlights the importance of full awareness of the submarine pipelines and cables on the seabed, prior and during anchoring operations, following a recent incident investigated by the Marine Accident Investigation Branch (MAIB). 

In view of the serious consequences resulting from damage to submarine cables, vessel operators should take special care when anchoring, fishing, dredging, or engaging in underwater operations near areas where these cables may exist or have been reported to exist. In order to minimize the risk of such damage as much as possible, vessels should avoid any such activity near either side of submarine cables.

Source: MCA.

By WCS : 14 Jan 2020

SSI 2019/424 The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019

SSI 2019/424 The Planning (Scotland) Act 2019 (Ancillary Provision) Regulations 2019 (link)

These Regulations amend sections 7, 13, and 61 and schedule 2 of the Planning (Scotland) Act 2019. These Regulations amend minor cross-referencing and typographical errors identified in the Act.

Source: HMSO.

By WCS : 14 Jan 2020

SSI 2019/436 The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019

SSI 2019/436 The Environment (EU Exit) (Scotland) (Amendment etc.) (No. 2) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018.

These Regulations make amendments to legislation relating to waste and the protection of the environment to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act), arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 14 Jan 2020

EU Emissions Trading System and Carbon Price Support: apply for compensation

EU Emissions Trading System and Carbon Price Support: apply for compensation (link)

The European Union Emissions Trading System (EU ETS) and Carbon Price Support (CPS) mechanism are designed to reduce emissions. The government recognises that the costs of these schemes have a particular impact on some Energy Intensive Industries (EIIs). The government has established a compensation scheme in line with State Aid guidance.

This guidance sets out how businesses can claim compensation for the indirect costs of EU ETS and CPS. It includes information on:

- who can apply

- how to apply

- data required

- the formula government uses to calculate compensation

Source: BEIS.

By WCS : 14 Jan 2020

Medium combustion plant: when you need a permit

Medium combustion plant: when you need a permit (link)

Find out if and by when you need to apply for a medium combustion plant directive (MCPD) environmental permit to meet air quality requirements. (Applicable in England and Wales).

Source: EA.

By WCS : 14 Jan 2020

SI 2020/18 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020

SI 2020/18 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2020 (link)

These Regulations are made to correct errors in The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440) and make some additional amendments as a consequence of those corrections.

S.I. 2019/1440 amends The Greenhouse Gas Emissions Trading Scheme Regulations 2012 which implements Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community.

Source: HMSO.

By WCS : 14 Jan 2020

Monitoring stack emissions: techniques and standards for periodic monitoring

Monitoring stack emissions: techniques and standards for periodic monitoring (link)

The Environment Agency has created an index, organised by substance, to help users of the guidance determine an appropriate periodic technique and standard for their circumstances. Standards may contain various options and approachs and for several standards the EA has produced Method Implementation Documents (MIDs) to make sure they are consistently applied.

Source: EA.

By WCS : 10 Jan 2020

Monitoring stack emissions: techniques and standards for CEMS and automated batch samplers

Monitoring stack emissions: techniques and standards for CEMS and automated batch samplers (link)

The Environment Agency has created an index, organised by substance, to help guidance users choose an appropriate technique to measure substances using continuous emissions monitoring systems (CEMS). It also provides information on standards for automatic batch samplers which can be used to provide a continuous sample for periods up to 4 weeks.

Source: EA.

By WCS : 10 Jan 2020

Monitoring stack emissions: technical guidance for selecting a monitoring approach

Monitoring stack emissions: technical guidance for selecting a monitoring approach (link)

Formerly part of M2, this guidance has been created to help organisations choose a monitoring approach for stack emissions to air that meets Environment Agency and MCERTS requirements.

Source: EA.

By WCS : 10 Jan 2020

Monitoring stack emissions: maximum uncertainty values for periodic monitoring

Monitoring stack emissions: maximum uncertainty values for periodic monitoring (link)

Formerly part of M2, this guidance has been created to communicate maximum uncertainty values used to assess whether periodic measurement results comply with emission limit values in environmental permits.

Source: EA.

By WCS : 10 Jan 2020

Transaction Drag: Industry observations collated by the OGA

Transaction Drag: Industry observations collated by the OGA (link)

The OGA has recently published results from interviews looking at behaviours relating to mergers and acquisitions (M&A) transactions.

Over the last few years, the UK Continental Shelf (UKCS) has seen a marked increase in M&A, with transactions ranging from single asset divestments to major corporate acquisitions. These multi-billion pound transactions have resulted in a very different corporate mix compared to when the OGA was established, with some companies divesting long held assets and new entrants acquiring them. These new entrants have the financial means and motivation to invest, providing the capital for new exploration, development and redevelopment projects. At the same time, they often bring new ways of working into the UKCS.

In 2017, buyers and sellers raised concerns with the OGA about the amount of time it took for third parties, often Joint Venture partners, to provide consent to licence assignments. As a result, the OGA wrote to Oil & Gas UK (OGUK), highlighting the matter and requesting action by industry to address this “transaction drag”.

The OGA conducted a series of interviews to understand better the issues at the heart of this transaction drag. The interviews covered a range of buyers, sellers, third parties and legal advisors involved in recent UKCS asset transactions, in order to understand how parties have overcome obstructions to approvals by Joint Venture (JV) partners and collate industry’s views on what constitutes reasonable or unreasonable behaviour in asset transfers.

Source: OGA.

By WCS : 08 Jan 2020

OGA - Invitation to service providers to gather views on NDR roadmap

OGA - Invitation to service providers to gather views on NDR roadmap (link)

Work is underway to upgrade the OGA’s National Data Repository (NDR) platform. The OGA considers this as an opportunity to introduce significant improvements to the platform while recognising that the NDR platform will continue to evolve incrementally over time. The OGA intends to introduce both functional changes and broadening of the data scope in line with its powers under the Energy Act 2016 in relation to information and samples.

The OGA hosts and chairs the NDR Advisory Committee, which includes representation of industry, academia and the OGA. The NDR Advisory Committee has established a Working Group for the upgraded NDR, which aims to create a roadmap for the longer-term development of the platform.

In January, the OGA also will be holding two NDR roadmap workshops. The purpose of these is to gain ideas and priorities for the next 5-10 years from a wide cross-section of NDR users (including those not directly represented on the NDR Advisory Committee).

10 spaces are reserved for service provider representatives. Service providers with an interest in bidding for any future work in relation to the NDR should consider that their attendance may exclude them from the OGA procurement in relation to the NDR platform.

Dates:

- 14th January: 1pm-5pm, British Library96 Euston Road, London

- 16th January: 1pm-5pm, OGA offices, 48 Huntly StreetAberdeen

If you are interested in attending one of these workshops please email Oga.Events@ogauthority.co.uk stating which workshop you wish to attend. If you are allocated a place you will receive a confirmation email.

Source: OGA.

By WCS : 07 Jan 2020

OGA Digital Strategy 2020 - 2025

OGA Digital Strategy 2020 - 2025 (link)

The strategy describes how the OGA will deliver, promote and influence digital excellence through digitalisation to support MER UK and the energy transition.

Source: OGA.

By WCS : 19 Dec 2019

Develop a management system: environmental permits

Develop a management system: environmental permits (link)

Holding an environmental permit requires that the holder has a written management system in place which describes the procedures that will be followed to minimise the risk of pollution from the activities covered by the permit. This guidance details how to develop such a management system.

Source: EA.

By WCS : 19 Dec 2019

SEPA - The Waste Electrical and Electronic Equipment (Scotland) Charging Scheme 2019

SEPA - The Waste Electrical and Electronic Equipment (Scotland) Charging Scheme 2019 (link)

The Scottish Environment Protection Agency in exercise of its powers under section 41 of the Environment Act 1995, and with the approval of the Scottish Ministers, has published this charging scheme.

Source: SEPA.

By WCS : 19 Dec 2019

Reporting Marine Suspicious Activity

Reporting Marine Suspicious Activity (link)

If you notice something suspicious in the marine environment, the Marine Management Organisation would like to know. They have created a new form entitled 'Suspicious Marine Activity Report' which can be completed anonymously but if contact details are included this can help if any clarification is required.

Reports can be submitted if you notice something suspicious in relation to:

- Marine licensing

- Fisheries

- Marine conservation

Source: MMO.

By WCS : 19 Dec 2019

Open Consultation: CAA Charges

Open Consultation: CAA Charges

The CAA is consulting on proposed amendments to their statutory charges, due to take effect from the 1st of April 2020. 

The deadline for responses is the 7th of February 2020. More details can be found here.

Source: CAA.

By WCS : 17 Dec 2019

SSI 2019/415 The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/415 The Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018. The Regulations make amendments to address deficiencies in legislation relating to roads and transport and works arising from the withdrawal of the United Kingdom from the European Union. 

Regulation 2 makes amendments to remedy deficiencies in the Roads (Scotland) Act 1984.

Regulation 3 makes amendments to remedy deficiencies in the Transport and Works (Scotland) Act 2007.

Regulation 4 makes amendments to remedy deficiencies in the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007.

Source: HMSO.

By WCS : 11 Dec 2019

SSI 2019/411 The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Amendment Regulations 2019

SSI 2019/411 The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Amendment Regulations 2019 (link)

These Regulations amend regulation 9 of the Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 so that it correctly refers to a breach of condition notice.

Source: HMSO.

By WCS : 11 Dec 2019

Open General Export Licence – Oil and Gas Exploration: Dual-Use Items – from December 2019

Open General Export Licence – Oil and Gas Exploration: Dual-Use Items – from December 2019 (link)

This Open General Export Licence has been introduced following a review of destinations on open general licences.

This Open General Export Licence permits without further authority the export from the United Kingdom, or from any other Member State of the European Union (EU) where the exporter is established in the United Kingdom, to any destination in a country listed in Schedule 2 to the licence of items specified in Schedule 1 to the licence. The export is subject to certain conditions listed in this guidance.

The Export Control Order 2008 contains certain registration and record keeping requirements which apply to persons using this licence.

This guidance provides further details on the overall process.

Source: Department for International Trade.

By WCS : 10 Dec 2019

SSI 2019/410 The Planning (Scotland) Act (Actual Dates) Regulations 2019

SSI 2019/410 The Planning (Scotland) Act (Actual Dates) Regulations 2019 (link)

These Regulations amend the Town and Country Planning (Scotland) Act 1997 and the Planning (Scotland) Act 2019 to change descriptions of dates to actual dates. 

Regulation 2 amends section 275B(2)(b) of the 1997 Act to change the date described in relation to the coming into force of section 49 of the 2019 Act to the actual date.

Regulation 3 amends section 58(1) of the 2019 Act to change the date described by reference to the date on which Bill for the 2019 Act received Royal Assent to the actual date.

Source: HMSO.

By WCS : 10 Dec 2019

MGN 470 (M) Amendment 1 Maritime Labour Convention, 2006: List of Merchant Shipping Notices, Marine Guidance Notes and Marine Information Notes

MGN 470 (M) Amendment 1 Maritime Labour Convention, 2006: List of Merchant Shipping Notices, Marine Guidance Notes and Marine Information Notes (link)

This Marine Guidance Note lists all the Merchant Shipping Notices, Marine Guidance Notes and Marine Information Notes which provide standards or guidance in respect of UK implementation of the Maritime Labour Convention, 2006. It includes amendments published since 2014.The list of notices is divided into three sections – those relevant to:

- Shipowners and operators

- Seafarers

- Manning agents or agencies

It provides a comprehensive list for each sector to reference in order to ensure compliance in ALL respects of the Maritime Labour Convention, 2006.

Source: MCA.

By WCS : 10 Dec 2019

2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/EC...

2019/1781 of 1 October 2019 laying down ecodesign requirements for electric motors and variable speed drives pursuant to Directive 2009/125/EC of the European Parliament and of the Council, amending Regulation (EC) No 641/2009 with regard to ecodesign requirements for glandless standalone circulators and glandless circulators integrated in products and repealing Commission Regulation (EC) No 640/2009 (link)

This Commission Regulation establishes ecodesign requirements for the placing on the market or the putting into service of electric motors and variable speed drives, including where they are integrated in other products. 

This Regulation amends regulation 641/2009 and repeals regulation 640/2009 on the 1 July 2021.

The regulation shall apply from 1 July 2021. However, the first paragraph of Article 7 (Circumvention and software updates) and Article 11 (Amendment of regulation 641/2009), shall apply from 14 November 2019.

Source: EC.

By WCS : 05 Dec 2019

Hazardous Substances Guidance

Hazardous Substances Guidance (link)

The Ministry of Housing, Communities & Local Government has recently updated their guidance on Hazardous Substances. It explains planning controls relating to the storage of hazardous substances in England and how to handle development proposals around hazardous establishments.

Source: Ministry of Housing, Communities & Local Government.

By WCS : 04 Dec 2019

2019/1701 of 23 July 2019 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals

2019/1701 of 23 July 2019 amending Annexes I and V to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals (link)

This Commission Delegated Regulation amends annexes 1 and 4 in the Regulation 649/2012 regarding the export and import of hazardous chemicals.

Source: EC.

By WCS : 04 Dec 2019

OGA - Revised Measurement Guidance

OGA - Revised Measurement Guidance (link)

The OGA has published updated Measurement Guidelines.

In the UKCS production licences require that licensees measure or weigh by a method or methods customarily used in good oilfield practice. Additionally, from time to time the licensee is required to measure or weigh OGA all petroleum won and saved from the licensed area. The purpose of the Measurement Guidelines is to set out the OGA’s expectations as to what will generally constitute ‘good oilfield practice’ for the full range of fiscal measurement scenarios that are likely to be encountered in practice.

The Guidance also sets out the procedure that licensees should follow to gain the OGA’s approval of their methods for petroleum measurement.

This Guidance also includes the OGA’s expectations on operators regarding measurement of well flow rates for reservoir management purposes, cross-referencing with the OGA's Stewardship Expectation 6 on Integrated Field Management.

Source: OGA.

By WCS : 04 Dec 2019

Open Consultation: Offshore renewable energy - draft decommissioning guidance

Open Consultation: Offshore renewable energy - draft decommissioning guidance

Marine Scotland has launched a consultation to gather views from industry, regulators and other stakeholders regarding guidance for the eventual decommissioning of offshore renewable energy infrastructure.

The closing date for responses is the 16th of March 2020. Further details can be found here.

Source: Marine Scotland. 

By WCS : 03 Dec 2019

Climate Change (Emissions Reduction Targets) (Scotland) Act 2019

Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 (link)

An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2009 to make provision setting targets for the reduction of greenhouse gases emissions and to make provision about advice, plans and reports in relation to those targets, with the objective of Scotland contributing appropriately to the world's efforts to deliver on the Paris Agreement reached at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change.

Source: HMSO.

By WCS : 27 Nov 2019

SSI 2019/364 The Conservation (Natural Habitats, &c.) (Miscellaneous Amendments) (Scotland) Regulations 2019

SSI 2019/364 The Conservation (Natural Habitats, &c.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (link)

These Regulations primarily amend the Wildlife and Countryside Act 1981 to further implement Regulation (EU) No 1143/2014 of the European Parliament and of the Council on the prevention and management of the introduction and spread of invasive alien species. These Regulations extend to Scotland.

Regulation 2(2) inserts section 14AA into the 1981 Act.

Regulation 2(3) amends section 14C of the 1981 Act.

Regulation 2(7) amends section 21 of the 1981 Act.

Regulation 2(8) inserts schedule 9B into the 1981 Act. 

Regulation 3 amends the Conservation (Natural Habitats, &c.) Regulations 1994 to correct an error.

Source: HMSO.

By WCS : 27 Nov 2019

SI 2019/1440 The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019

SI 2019/1440 The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (link)

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 implement Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community.

These Regulations amend the 2012 Regulations to implement some of the amendments made to the Directive by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reduction and low-carbon investments, and Decision (EU) 2015/1814.

Source: HMSO.

By WCS : 27 Nov 2019

SI 2019/1417 The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019

SI 2019/1417 The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019 (link)

This Order designates 26 European directives as relevant directives for the purposes of paragraph 20(1) (b) of Schedule 1 to the Pollution Prevention and Control Act 1999. Designation allows regulations to be made under that Act which make provision corresponding or similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972. in connection with that designated directive. The Directives being designated relate to waste, water quality, air quality, asbestos pollution, public participation in environmental plans and programmes, environmental liability (to prevent or remedy environmental damage), environmental noise and chemicals.

Source: HMSO.

By WCS : 27 Nov 2019

Requirements for the planning of and consent to UKCS Field Developments

Requirements for the planning of and consent to UKCS Field Developments - Update (link)

This guidance has been updated since it was last published in April 2019. The document first came out in 2018.

The main changes include the following:

- Paragraph numbers have been corrected

Section 3 - Considerations relevant to all new field developments

- The paragraph numbered 34 relating to transboundary fields has been inserted. (There was no paragraph 34 prior to this update).

Section 4 - Assessment Phase Requirements

- Paragraph 58 - The sentence 'The OGA will review and thereafter confirm whether it agrees with the proposed form of the development.' has been removed from the end of paragraph number 58 (formerly numbered as 57).

- Paragraph 60 - The phrasing of the second sentence has been changed to 'However, the OGA's confirmation that it has no objection to the Concept Select does not necessarily mean that the final version of the submitted FDP will be consented to.' and an additional sentence has been added - 'Similarly, such confirmation should not be taken to imply any agreement, consent or authorisation from OPRED, OSDR or any other Government agency.'

- Paragraph 61 - The last sentence 'The Field Operator should also provide a SET for the chosen development concept prior to internal approval of the project by Licensees.' has been removed.

Furthermore, the OGA has updated the Standard Economics Template (SET) spreadsheet that is used alongside the above named guidance. The spreadsheet can be found here.

Source: OGA.

By WCS : 26 Nov 2019

SSI 2019/356 The Waste (Miscellaneous Amendments) (Scotland) Regulations 2019

SSI 2019/356 The Waste (Miscellaneous Amendments) (Scotland) Regulations 2019 (link)

These Regulations make amendments to legislation relating to waste. 

Regulation 2 amends the Landfill Allowances Scheme (Scotland) Regulations 2005, to update the reference to Council Directive 99/31/EC on the landfill of waste. 

Regulation 3 amends the Waste Batteries (Scotland) Regulations 2009 to omit references to the Waste Management Licensing Regulations 1994, which are no longer necessary.

Source: HMSO.

By WCS : 26 Nov 2019

SI 2019/1385 The Human Medicines and Medical Devices (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/1385 The Human Medicines and Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (d) of the Withdrawal Act) arising from the withdrawal of the UK from the European Union. 

Regulation 2 and Schedule 1 amend the Human Medicines (Amendment etc.) (EU Exit) Regulations 2019. The Medicines Exit Regulations amend the Human Medicines Regulations 2012.

Paragraphs 2 and 3 amend regulations 15 and 17 of the Medicines Exit Regulations (amendment of regulations 18 and 19 of the Principal Medicines Regulations).

Paragraph 4 amends regulation 47 of the Medicines Exit Regulations.

Paragraph 6 amends regulation 58 of the Medicines Exit Regulations.

Paragraph 7 ensures that the amendments made to Schedule 11 to the Principal Medicines Regulations by regulation 63 of the Medicines Exit Regulations accommodate the process for seeking advice and making representations in relation to the new decisions conferred on the licensing authority by the Medicines Exit Regulations in relation to orphan (rare disease) medicines and paediatric medicines.

Paragraph 8 amends regulation 139(6) of the Medicines Exit Regulations (amendment of regulation 177 of the Principal Medicines Regulations).

Paragraph 9 amends Schedule 6 to the Medicines Exit Regulations (insertion of Schedule 12A into the Principal Medicines Regulations).

Paragraph 10 amends Schedule 7 to the Medicines Exit Regulations (new Schedule 33A to the Principal Medicines Regulations - transitional provision in relation to EU Exit).

Regulation 3 and Schedule 2 amend the Medical Devices (Amendment etc.) (EU Exit) Regulations 2019. The Devices Exit Regulations amend the Medical Devices Regulations 2002.

Paragraph 2 makes minor amendments to regulation 3 of the Devices Exit Regulations. 

Paragraphs 3, 4 and 5 respectively make minor amendments to regulations 7A, 21A and 33A (inserted into the Principal Devices Regulations).

Paragraphs 6, 7 and 8 make minor amendments to the Devices Exit Regulations. 

Paragraphs 9 and 10 make minor amendments to various regulations inserted into the Principal Devices Regulations by the Devices Exit Regulations.

Paragraph 11 makes minor amendments to Schedules 19 (technical documentation on post-market surveillance for in vitro diagnostic medical devices) and 24 (conformity assessment based on a quality management system) inserted into the Principal Devices Regulations.

Source: HMSO.

By WCS : 26 Nov 2019

SI 2019/1420 The Firearms Regulations 2019

SI 2019/1420 The Firearms Regulations 2019 (link)

These Regulations make provision in respect of deactivated firearms and amend the Firearms (Northern Ireland) Order 2004 in order to complete the implementation in the United Kingdom of Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons. Measures have also been implemented in respect of England and Wales and Scotland through the Firearms (Amendment) (No.2) Rules 2019.

Regulations 2 to 4 implement article 8 of the 1991 Directive which applies to firearms deactivated in accordance with Implementing Regulation (EU) 2015/2403 as a result of article 1(19) of the 2017 Directive. Article 8 prohibits possession of such firearms unless they have been notified to a competent authority and requires notification of their transfer. 

Regulation 2 makes it an offence to transfer a deactivated firearm unless notice of that transfer has been given in accordance with that regulation to the appropriate national authority. A person found guilty of an offence under regulation 2 is liable to a fine not exceeding level 1 on the standard scale.

Regulation 3(1) makes it an offence for a person to be in possession of a deactivated firearm unless that person gives notice of the firearm in accordance with that regulation to the appropriate national authority or notice of the transfer of the firearm to that person has been given in accordance with regulation 2. Paragraph (2) of regulation 3 provides for an exception to paragraph (1) where the person is in possession of the deactivated firearm for a period of 14 days or less. Paragraph (5) provides a defence where a person to whom a deactivated firearm has been transferred shows that they reasonably believed that the transferor had given, or would give, notice of the transfer in accordance with regulation 2. A person found guilty of an offence under regulation 3 is liable to a fine not exceeding level 1 on the standard scale.

Regulation 4 makes transitional provision in respect of deactivated firearms acquired before 14th September 2018 so that a person does not have to notify a deactivated firearm in accordance with regulation 3 until 14th March 2021 if that firearm came into the person's possession before 14th September 2018.

Regulation 5 amends the Firearms (Northern Ireland) Order 2004.

Source: HMSO.

By WCS : 26 Nov 2019

SI 2019/1424 The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019

SI 2019/1424 The Environment and Wildlife (Legislative Functions) (EU Exit) (Amendment) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018, in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), and (g) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union. 

They amend regulation 12 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019.

Source: HMSO.

By WCS : 26 Nov 2019

SI 2019/1444 The Network and Information Systems (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

SI 2019/1444 The Network and Information Systems (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c) and (d) of section 8(2)) which apply to this instrument arising from the withdrawal of the UK from the EU.

These Regulations make amendments in the field of cyber security. Part 1 amends the Network and Information Systems Regulations 2018, which implement Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the EU. Part 1 also revokes Regulation (EU) 2019/881 of the European Parliament and of the Council of 17th April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act).

The NIS Regulations would not, without these amendments, operate effectively following the withdrawal of the UK from the EU. The changes are necessary to enable the Information Commissioner to regulate digital services providers within scope of the NIS Directive based outside the UK but offering services within the UK, and to require those providers to comply with the NIS Regulations. 

The ENISA Regulation is being revoked because it establishes and confers functions upon the European Union Agency for Network and Information Security (ENISA), which is an EU body. The ENISA Regulation is retained by the Act and cannot operate to have any effect in UK law. It is therefore being revoked so as to remove it from the UK statute book.

Part 2 amends the Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 to correct a drafting error.

Source: HMSO.

By WCS : 26 Nov 2019

SI 2019/1419 The Firearms (Amendment) (No. 2) Rules 2019

SI 2019/1419 The Firearms (Amendment) (No. 2) Rules 2019 (link)

These Rules make amendments to the Firearms Rules 1998 for the purpose of implementing the requirements of Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons.

Rules 2(3) and 2(4) implement article 5(1) (a) of the 1991 Directive, as amended by article 1(6) of the 2017 Directive, which restricts the acquisition and possession of firearms by persons under the age of 18. Article 5(1) (a) permits a person under the age of 18 to acquire or possess a firearm provided that responsibility for its proper storage is assumed by a parent or an adult who holds a valid firearm authorisation.

Rule 2(5) implements paragraphs 1 and 2 of article 4 of the 1991 Directive, as amended by article 1(3) of the 2017 Directive, which sets out the marking requirements for firearms and essential component parts of firearms manufactured or imported into the EU on or after 14 September 2018 and ammunition. Rule 2(5) amends the particulars to be entered by firearms dealers into the register of transactions under Part 4 of Schedule 5 to the Rules (firearms dealer's register of transactions) to reflect the changes to the requirements for marking firearms.

Source: HMSO.

By WCS : 26 Nov 2019

HSE Guidance Notes on 2020/21 Intervention Planning

HSE Guidance Notes on 2020/21 Intervention Planning (link)

The above named document has recently become available on the OSDR's Inspection guidance webpage.

The OSDR Inspection page provides details on the process for inspection in practice with major hazard control arrangements described by Safety Cases and OPEPs.

Source: OSDR.

By WCS : 22 Nov 2019

Qualifications to service equipment containing ozone-depleting substances (HCFCs)

Qualifications to service equipment containing ozone-depleting substances (HCFCs) (link)

The Environment Agency has published new guidance relating to working with HCFCs. Workers must have individual qualifications to work with hydrochlorofluorocarbons (HCFCs). This guidance document details which tasks require a worker to have a qualification in order to be carried out. It also provides a list of the applicable qualifications.

Source: EA.

By WCS : 21 Nov 2019

Register to use ozone-depleting substances for laboratory or analytical purposes

Register to use ozone-depleting substances for laboratory or analytical purposes (link)

The Environment Agency has published new guidance focusing on the requirement to register and declare ODS for laboratory or analytical uses.

Source: EA.

By WCS : 21 Nov 2019

Export licences and special rules after a no-deal Brexit

Export licences and special rules after a no-deal Brexit (link)

A number of government bodies have published guidance on how the licences, certificates and special rules to take different types of goods out of the UK will change after a no-deal Brexit.

Source: Defra, MMO, EA, BEIS and 5 more governmental organisations.

By WCS : 21 Nov 2019

Checking ozone-depleting substances equipment for leaks

Checking ozone-depleting substances equipment for leaks (link)

The Environment Agency has brought out new guidance that provides information on how often equipment must be checked for leaks if it contains hydrochlorofluorocarbons (HCFCs) - a type of ozone-depleting substance (ODS).

Source: EA.

By WCS : 21 Nov 2019

Radioactive waste, spent fuel or sources

Radioactive waste, spent fuel or sources (link)

The Environment Agency has updated their guidance relating to movement of radioactive sources. This guidance provides information on how to ship radioactive waste or spent nuclear fuel. It also provides details regarding the authorisation assessment and its associated costs.

Source: EA.

By WCS : 21 Nov 2019

Record and report ozone-depleting substances you import, export, sell or destroy

Record and report ozone-depleting substances you import, export, sell or destroy (link)

The Environment Agency has published new guidance relating to the requirement to record the amount of ozone-depleting substances (ODS) that an organisation imports, exports, sells or destroys.

Source: EA.

By WCS : 21 Nov 2019

Applying for quota to produce or import F gas

Applying for quota to produce or import F gas (link)

The Environment Agency has brought out new guidance relating to the steps that need to be taken if you want to produce or import HFCs/equipment containing HFCs.

Source: EA.

By WCS : 21 Nov 2019

Applying for a licence to import or export ozone-depleting substances

Applying for a licence to import or export ozone-depleting substances (link)

The Environment Agency has published new guidance regarding applying for an ODS licence to import or export.

Source: EA.

By WCS : 21 Nov 2019

Register or renew waste exemptions (England)

Register or renew waste exemptions (England) (link)

This guidance has had a further update since it was last updated in August 2019. It provides information on how to register or renew waste exemptions. Some waste activities such as storing, using, treating or disposing of waste can operate under a waste exemption.

Source: EA.

By WCS : 21 Nov 2019

Storing waste: waste exemptions

Storing waste: waste exemptions (link)

The Environment Agency has recently updated this document first published in 2014.

The document contains a list of exemptions for temporarily storing waste at the place where it was produced or elsewhere.

A waste exemption is a waste operation that is exempt from needing an environmental permit. Each exemption has specific limits and conditions that need to be complied with.

Source: EA.

By WCS : 21 Nov 2019

2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines

2019/1846 of 8 August 2019 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in solders used in certain combustion engines (link)

This Commission Delegated Directive amends Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment. 

This Directive comes into force on the 25th of November 2019.

Source: EC.

By WCS : 21 Nov 2019

Updated 'Emergency Response, Marine and Aviation Operations SC Topic Assessment' Template

Updated 'Emergency Response, Marine and Aviation Operations SC Topic Assessment' Template (link)

The OSDR has updated the above named template on their 'Safety Case Topic Specialist Assessment Templates and Guidance' page within hse.gov.uk.

Source: OSDR.

By WCS : 18 Nov 2019

Complying with the Energy Savings Opportunity Scheme

Complying with the Energy Savings Opportunity Scheme (link)

This recently updated guidance document gives a comprehensive overview of ESOS. It details:

- which organisations qualify for this mandatory scheme

- what qualifying organisations need to do to comply

- how organisations should notify the Environment Agency that they are compliant

- when the compliance deadline is

- what the penalties are for not complying

Source: EA.

By WCS : 18 Nov 2019

SSI 2019/385 The Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019

SSI 2019/385 The Planning (Scotland) Act 2019 (Commencement No. 3) Regulations 2019 (link)

These Regulations bring sections 18(1), (2) and (4), 20, 24, 29, 41, 47, 48, 49, 51, 52 and 53 of the Planning (Scotland) Act 2019 ("the Act") into force on 1 December 2019 for all purposes and sections 26 and 62 and paragraph 9 of schedule 2 of the Act into force on that date for the limited purposes of enabling regulations to be made. They also bring sections 27 and 30 into force on 1 March 2020.

Source: HMSO.

By WCS : 15 Nov 2019

OGA - Updates to PWA Applications Webpage including templates

OGA - Updates to PWA Applications Webpage including templates (link)

The OGA has made the following changes to its PWA templates and guidance found on its PWA Applications webpage:

- Minor formatting amendments to the templates. These changes will not directly impact applications.

- The BEIS email addresses have been updated on the webpage (The BEIS Environmental Management Team can now be contacted at bst@beis.gov.uk).

- The link to the PWA application with Median Line implications on the webpage has been removed as this was the same application as the PWA one itself. Amendments have been made to the ‘Timing’ information to bring attention to the timescales required for any other application which may have Median Line implications.

- The ‘useful contacts’ sheet has also been updated.

Please note that this is a further update from the changes made in October 2019.

Source: OGA.

By WCS : 15 Nov 2019

MGN 352 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007

MGN 352 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (link)

This amended Marine Guidance Note provides guidance on the requirements for the protection of seafarers, fishermen and workers from the risks related to exposure to noise at work arising from the implementation in the United Kingdom of European Commission Directive 2003/10/EC by the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 which came into force on 23 February 2008.

Source: MCA.

By WCS : 15 Nov 2019

OPEP Assessment Framework

OPEP Assessment Framework (link)

The OSDR have recently updated this document within the Oil Pollution Emergency Plans (OPEP) page on the OSDR website.

Source: OSDR.

By WCS : 13 Nov 2019

Risk assessments for your environmental permit

Risk assessments for your environmental permit (link)

The Environment Agency's guidance provides information on the following:

- when you do or do not need to do a risk assessment

- when the Environment Agency can do your risk assessment for you

- how to complete a risk assessment.

Source: EA.

By WCS : 13 Nov 2019

SI 2019/1455 The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019

SI 2019/1455 The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019 (link)

These Regulations amend the Water Abstraction (Transitional Provisions) Regulations 2017 (the "Transitional Regulations") in England. The Transitional Regulations were made pursuant to amendments made by the Water Act 2003 to the Water Resources Act 1991 ("the 1991 Act"). Those amendments limited or removed certain exemptions from the restriction on abstraction in the 1991 Act. The Transitional Regulations provide a regime whereby certain abstractors who are not currently required to hold a licence to abstract water can obtain a licence. These Regulations extend the deadline by which eligible abstractors in England who wish to continue abstracting must apply for a licence, from 31st December 2019 to 30th June 2020.

Source: HMSO.

By WCS : 13 Nov 2019

2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes

2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (link)

This Commission Implementing Regulation lays down rules for the application of Directive 2003/87/EC relating to further arrangements for the adjustments to free allocation of emission allowances due to activity level changes.

Source: EC.

By WCS : 13 Nov 2019

SSI 2019/377 The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019

SSI 2019/377 The Planning (Scotland) Act 2019 (Commencement No. 2, Saving and Transitional Provisions) Regulations 2019 (link)

These Regulations bring sections 25 and 42 of the Planning (Scotland) Act 2019 into force on 20 December 2019 but subject to saving and transitional provisions contained in regulations 4 to 10. They also bring section 23 of the Act into force on 1 March 2020 subject to a saving provision contained in regulation 11.

Source: HMSO.

By WCS : 13 Nov 2019

2019/1834 of 24 October 2019 amending Annexes II and IV to Council Directive 92/29/EEC as regards purely technical adaptations

2019/1834 of 24 October 2019 amending Annexes II and IV to Council Directive 92/29/EEC as regards purely technical adaptations (link)

This Commission Directive amends the Council Directive 92/29/EEC relating to the minimum safety and health requirements for improved medical treatment on board vessels

Source: EC.

By WCS : 13 Nov 2019

Guidance - Marine Pollution (MARPOL) Annex II Surveyors

Guidance - Marine Pollution (MARPOL) Annex II Surveyors (link)

The MCA has updated their guidance concerning International Convention for the Prevention of Pollution from Ships (MARPOL) Surveyors.

Source: MCA.

By WCS : 13 Nov 2019

OSDR Thorough Reviews

OSDR Thorough Reviews (link)

The OSDR has recently updated two documents on their Thorough Reviews page on the HSE website. The documents that have been updated are:

- Framework Diagram - Thorough Review Summary Inspection

- Process Engineering - Thorough Review Inspection Template

Source: OSDR.

By WCS : 13 Nov 2019

Specified generators: dispersion modelling assessment

Specified generators: dispersion modelling assessment (link)

The Environment Agency has recently made this guidance document available. Dispersion modelling may be required in order to assess the risk to the environment from a specified generator's proposed emissions to air. A suitably qualified consultant will need to do the dispersion modelling assessment using fit for purpose computer software. This guidance applies to England and Wales.

Source: EA.

By WCS : 12 Nov 2019

Medium combustion plant - apply for an environmental permit

Medium combustion plant - apply for an environmental permit (link)

Defra have recently made this guidance available. Medium Combustion Plant Directive (MCPD) permits are standalone permits. They only cover emissions of SO2, NOand dust to air. There are no permit conditions for water, land, energy efficiency, odour or noise. They apply in England and Wales.

Source: Defra.

By WCS : 12 Nov 2019

MGN 332 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006

MGN 332 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 (link)

This MGN provides details, and guidance on interpretation, of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006. It amends the original version which was published in September 2006.

Source: MCA.

By WCS : 12 Nov 2019

Noise impact assessments involving calculations or modelling

Noise impact assessments involving calculations or modelling (link)

This guidance document provides details on the information you must submit to the Environment Agency in a noise impact assessment that uses computer modelling or spreadsheet calculations.

Source: EA.

By WCS : 11 Nov 2019

MIN 538 (M) Amendment 2 Codes of Practice - Authorisation of Certifying Authorities

MIN 538 (M) Amendment 2 Codes of Practice - Authorisation of Certifying Authorities (link)

The MCA has recently amended this Maritime Information Note, first published in February 2017 with its first amendment in February 2019.

The purpose of this Marine Information Note is to provide the revised contact details of the MCA authorised Certifying Authorities undertaking survey and certification work against the standards of the Small Commercial Vessel Codes of Practice, Police Boat Codes or MGN 280 (M).

Source: MCA.

By WCS : 11 Nov 2019

MIN 601 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2019

MIN 601 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2019 (link)

This Marine Information Note provides information about the 2019 amendments to the Code of Safe Working Practices for Merchant Seafarers ("the Code"). 

The Code deals with the regulatory framework and provides best practice guidance for health and safety on board ship. It also gives guidance on safety management and identifies statutory duties underlying the advice and includes practical information for safe working on board.

Source: MCA.

By WCS : 11 Nov 2019

Production Operations (PRA) chemical permits – addition of 2020 chemical data

Production Operations (PRA) chemical permits – addition of 2020 chemical data

BEIS have emailed all operators to remind them that 2020 chemical data will need to be added to all Production Operations (PRA) chemical permits by the end of this year and approved by 1st January 2020.

In order to allow sufficient time for the consultation, review and determination process, the Department recommends that all chemical permit variations to add 2020 chemical data are submitted by 2nd December 2019.  This advice assumes that there are changes to chemical types/quantities/dosages/modelling/justifications from the previous year.

If there are no changes to chemical use, discharge and associated modelling from the previous year i.e. 2020 chemical data is an exact copy of the 2019 data, then the variation to add the 2020 data can be submitted in the usual timeframe (approximately three working days before approval is required). The operator should confirm in the Change Summary that there is no change between 2019 and 2020 for chemical use, discharge and associated modelling.

The Department will not expedite the approval process for any variations submitted after the 2nd December 2019 and operators therefore risk enforcement action if they do not have chemicals approved for use and discharge during 2020 by the 1st January 2020.

Expired chemicals

In addition, the Department would also remind operators that it is their responsibility to ensure when copying and pasting the chemical data from the previous year that the OCNS registration of all chemical products has not expired. If the OCNS registration of a chemical product has expired then an operator must remove the product from the 2020 data unless proof of recertification or existing stocks within your ownership can be provided.

Well Intervention (WIA) annual 2020 chemical permits

Operators are recommended to submit annual well intervention chemical permit applications by 2nd December 2019 if approval is required for the 1st January 2020. Submitting a permit application by the 2nd December 2019 will allow sufficient time for consultation, review and determination process of the 2020 annual WIA chemical permit to be completed.  Operators are reminded that any comments raised during the review process should be addressed promptly if approval is required for the 1st January 2020.

If an annual WIA permit is not required to be valid from the 1st January then the permit can be applied for anytime during the calendar year. Operators should allow for a 28 day consultation process prior to the date operations are planned to commence.

Source: BEIS

By WCS : 08 Nov 2019

Using and trading fluorinated gas and ozone-depleting substances: rules and processes in a no deal Brexit

Using and trading fluorinated gas and ozone-depleting substances: rules and processes in a no deal Brexit (link)

Defra and the Environment Agency have recently updated this guidance document.

The UK will regulate fluorinated greenhouse gases (F gas) and ozone-depleting substances (ODS) if there’s no Brexit deal. F gas and ODS are substances used mainly as refrigerants, but also in other products including:

- medical inhalers

- fire extinguishers

- insulation foams

- solvents

- feedstocks for the manufacture of other chemicals

This guide is for businesses and individuals who currently need to follow EU regulations:

- 517/2014 on fluorinated greenhouse gases

- 1005/2009 on substances that deplete the ozone layer

Source: Defra & EA.

By WCS : 07 Nov 2019

Open Consultation: Proposal to designate two Historic Marine Protected Areas

Open Consultation: Proposal to designate two Historic Marine Protected Areas

The Scottish Government is currently seeking views on the potential creation of two Historic Marine Protected Areas, as part of the Scottish Marine Protected Area (MPA) network. This consultation fulfils a commitment in the 2019-20 Programme for Government to take forward two Historic MPAs to designation.

The consultation closes on the 27th of November 2019. More details can be found here.

Source: Scottish Government.

By WCS : 07 Nov 2019

Open Consultation: Scottish Crown Estate - Strategic Management Plan

Open Consultation: Scottish Crown Estate - Strategic Management Plan

Marine Scotland are currently seeking views on their Strategic Management Plan has been developed for the Scottish Crown Estate. The Scottish Crown Estate includes a set of property, rights and other interests (or assets) that are owned by the Crown. They are looking for feedback on the Plan's visions, objectives, priorities and policies as well as ways they can monitor progress.

The consultation closes on the 22nd of November 2019. More details can be found here.

Source: Marine Scotland.

By WCS : 04 Nov 2019

OGA - 2019 UKCS Stewardship annual survey now open

OGA - 2019 UKCS Stewardship annual survey now open (link)

The 2019 UKCS Stewardship Survey launched on 1 November 2019 and closes on Friday 28 February 2020.

The introduction of the UKCS Stewardship Survey has created a single source of aligned, robust data. Its analysis underpins all aspects of the Oil and Gas Authority's work. It continues to be used to inform asset stewardship reviews and provide meaningful insights of UKCS fields and hubs, helping to build regional strategies and area plans and aids benchmarking. The requests in the UKCS Stewardship Survey are linked to the obligations set out in the MER UK Strategy. 

Source: OGA.

By WCS : 04 Nov 2019

Open Consultation: Consultation on MSN XXX: vessel traffic monitoring notification and reporting requirements for ships and ports

Open Consultation: Consultation on MSN XXX: vessel traffic monitoring notification and reporting requirements for ships and ports

The MCA is seeking views on the proposed new Merchant Shipping Notice (MSN) which combines information contained in the existing MSN 1831 and Marine Information Note (MIN) 540.

This consultation closes at 11:45pm on 15 November 2019. More details can be found here.

Source: MCA.

By WCS : 04 Nov 2019

Consultation Outcome: Permitted development for shale gas exploration

Consultation Outcome: Permitted development for shale gas exploration

The Ministry of Housing, Communities and Local Government held a consultation to seek views on the principle of granting planning permission for non-hydraulic shale gas exploration development through a permitted development right.

This consultation ran from the 17th of July 2018 to the 25th of October 2018. Details of the outcome have just been published and can be found here.

Source: Ministry of Housing, Communities and Local Government.

By WCS : 04 Nov 2019

Consultation Outcome: Compulsory community pre-application consultation for shale gas development

Consultation Outcome: Compulsory community pre-application consultation for shale gas development

The Ministry of Housing, Communities and Local Government held a consultation to seek views on whether applicants should be required to conduct pre-application consultation with the local community prior to submitting a planning application for shale gas development.

The consultation ran from the 31st of October 2018 to the 7th of January 2019. Details of the outcome have just been published and can be found here.

Source: Ministry of Housing, Communities and Local Government.

By WCS : 04 Nov 2019

OGA Onshore Update - November 2019

OGA Onshore Update - November 2019 (link)

On Saturday the 2nd of November 2019, the OGA published the findings of four studies it commissioned in February 2019 to understand and learn from the induced seismicity observed at Preston New Road PNR-1Z well in 2018.

The four independent studies; the OGA overview of experience of injection induced seismicity in other jurisdictions; and an interim summary report can be viewed using the link above.

Source: OGA.

By WCS : 04 Nov 2019

Consultation Outcome: Inclusion of shale gas production projects in the Nationally Significant Infrastructure Project (NSIP) regime

Consultation Outcome: Inclusion of shale gas production projects in the Nationally Significant Infrastructure Project (NSIP) regime

BEIS held an early stage consultation to determine which criteria would be appropriate to trigger inclusion of major shale gas production projects in the NSIP regime. 

The consultation ran from the 19th of July 2018 to the 25th of October 2018. Details of the outcome have just been published and can be found here.

Source: BEIS.

By WCS : 04 Nov 2019

Government ends support for fracking

Government Ends Support for Fracking (link)

The government has withdrawn support for onshore fracking based on a report published by the OGA on Saturday the 2nd of November.

The OGA's report concludes that it is not possible to accurately predict the probability of induced seismic events associated with fracking using current technology. As a consequence the government plans a moratorium on fracking until and unless sufficient new evidence is provided that shows it can be carried out safely in England.

Source: BEIS.

By WCS : 04 Nov 2019

OGA - Updated Pipeline Works Authorisation Templates

OGA - Updated Pipeline Works Authorisation Templates (link)

The OGA have recently updated the following templates on their website which are found under the heading 'Application Templates' on the page linked to above:

- Pipeline Works Authorisation

- PWA (with Median Line implications)

- PWA Variation (Category 1)

- PWA Variation (Category 2)

- PWA Holder, User, Operator, Owner Variations

- Deposit consent

- Options (Category 2)

- Decommissioning

Source: OGA.

By WCS : 31 Oct 2019

SI 2019/1350 The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019

SI 2019/1350 The Environment (Legislative Functions from Directives) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b) and (f)) arising from the withdrawal of the UK from the European Union.

The Regulations provide for legislative functions of the European Commission under various environmental Directives to be exercisable instead by a public authority in the United Kingdom.

Part 2 contains functions from Directives relating to air quality.

Part 3 contains a function from the Environmental Noise Directive (Directive 2002/49/EC of the European Parliament and of the Council relating to the assessment and management of environmental noise).

Part 4 contains functions from the INSPIRE Directive (Directive 2007/2/EC of the European Parliament and of the Council establishing an Infrastructure for Spatial Information in the European Community).

Part 5 inserts functions from the Marine Strategy Framework Directive (Directive 2008/56/EC of the European Parliament and of the Council establishing a framework for community action in the field of marine environmental policy) into the Marine Strategy Regulations 2010 (S.I. 2010/1627).

Part 6 contains functions from Directives relating to water quality.

Part 7 contains procedural provisions and other supplementary matters relating to the regulation-making powers.

Source: HMSO.

By WCS : 31 Oct 2019

SSI 2019/332 The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019

SSI 2019/332 The Environmental Protection Act 1990 Amendment (Scotland) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999.

Regulation 2 makes amendments to section 57 of the Environmental Protection Act 1990 to extend existing powers to require holders of waste management licences to accept, keep or dispose of waste to waste operators holding other types of environmental permit.

Source: HMSO.

By WCS : 31 Oct 2019

SI 2019/1362 The Misuse of Drugs and Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Regulations 2019

SI 2019/1362 The Misuse of Drugs and Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Regulations 2019 (link)

These Regulations amend the Misuse of Drugs Regulations 2001 and the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015.

Regulation 2 amends Schedule 1 to the Misuse of Drugs Regulations 2001 to reduce the range of compounds captured by one category of synthetic cannabinoids to which the Schedule applies. The controlled drugs listed in Schedule 1 are subject to the tightest controls, requiring a Home Office licence in order to access such drugs.

Regulation 3 amends Schedule 1 to the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 to reduce the range of compounds captured by one category of synthetic cannabinoids in that Schedule. Section 7(3) of the Misuse of Drugs Act 1971 requires the Secretary of State to make regulations to allow drugs controlled under that Act to be used for medicinal purposes. Section 7(3), however, does not apply to any drug which is designated by order under section 7(4) of that Act. Controlled drugs are designated where the Secretary of State is of the opinion that it is in the public interest for production, supply and possession of that drug to be either wholly unlawful or unlawful except for research or other special purposes, or for medicinal use of the drug to be unlawful except under licence. Schedule 1 to the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 specifies the list of controlled drugs to which section 7(4) applies.

Source: HMSO.

By WCS : 31 Oct 2019

2019/1705 of 10 October 2019 amending Council Regulation (EU, Euratom) 2019/1197 as regards the deadlines by which the United Kingdom would have to fulfil the conditions for eligibility for Union funding following the withdrawal of the United Kingdom from the Union

2019/1705 of 10 October 2019 amending Council Regulation (EU, Euratom) 2019/1197 as regards the deadlines by which the United Kingdom would have to fulfil the conditions for eligibility for Union funding following the withdrawal of the United Kingdom from the Union (link)

This EU regulation amends 2019/1197 relating to Euratom.

Source: EC.

By WCS : 31 Oct 2019

Open Consultation: Proposals to introduce new and amended OGA fees

Open Consultation: Proposals to introduce new and amended OGA fees

The Oil and Gas Authority is seeking views from the UK oil and gas industry on proposals to amend some of its existing fees and introduce new fees for some of its services.

A four-week consultation opened on the 28 October 2019, to gather feedback and insights from industry on potential changes to the OGA’s fee regime. The OGA regularly reviews the fees that it charges. As well as reviewing the rates of existing fees, the OGA also considers the rationale for and calculation of each fee to ensure they remain robust and in line with the principles and guidance as set out in HM Treasury’s Managing Public Money. The intention of any proposed fee amendments is to more accurately reflect the actual costs of the services it provides. The OGA is not permitted to make any profit from its fees and is required to refund any financial surplus at the end of the year to levy payers.

The consultation closes on 22 November 2019. More details can be found here.

Source: OGA.

By WCS : 29 Oct 2019

Open Consultation: Recasting the Merchant Shipping Life Saving Appliances Regulations

Open Consultation: Recasting the Merchant Shipping Life Saving Appliances Regulations

The MCA is seeking views on the proposed recast of the Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III to VI(A)) Regulations 1999.

The consultation closes at 11.45pm on the 23rd of December 2019. More details can be found here.

Source: MCA.

By WCS : 29 Oct 2019

SSI 2019/322 The Environmental Impact Assessment (Transport) (Scotland) Regulations 2019

SSI 2019/322 The Environmental Impact Assessment (Transport) (Scotland) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Regulation 2 makes minor updates to the Roads (Scotland) Act 1984.

Regulation 3 amends the Transport and Works (Scotland) Act 2007 to update out of date references to EU law with references to the current EU equivalents.

Regulation 4 makes minor updates to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007.

Source: HMSO.

By WCS : 28 Oct 2019

SSI 2019/320 The Conservation (Natural Habitats, and c.) Amendment (No. 2) (Scotland) Regulations 2019

SSI 2019/320 The Conservation (Natural Habitats, and c.) Amendment (No. 2) (Scotland) Regulations 2019 (link)

These Regulations amend the Conservation (Natural Habitats, &c.) Regulations 1994 to make provision about the register of European sites and review of marine licences.

Regulation 3 requires the Scottish Ministers to make arrangements for the establishment and maintenance of a register of European sites. The term "European site" is defined by regulation 10(1) of the 1994 Regulations. As part of those arrangements, the Scottish Ministers may in particular authorise the appropriate conservation body to establish and maintain the register.

Regulation 4 provides that the duty to review decisions, consents or other authorisations in accordance with regulations 50 and 51 of the 1994 Regulations does not apply to certain marine licences. These Regulations only extend to Scotland and come into force on 6 December 2019.

Source: HMSO.

By WCS : 23 Oct 2019

Open Consultation: Proposal to designate a Deep Sea Marine Reserve in Scottish waters

Open Consultation: Proposal to designate a Deep Sea Marine Reserve in Scottish waters

The Scottish Government is seeking views on the creation of a Deep Sea Marine Reserve to the West of Scotland, as part of the Scottish Marine Protected Area (MPA) network. It is particularly interested in thoughts regarding:

- The scientific case for the designation of the West of Scotland area

- The conservation objectives and potential management advice

- The potential environmental and socio-economic impacts of West of Scotland area

The consultation closes on the 31st of December 2019. Details can be found here.

Source: Scottish Government.

By WCS : 23 Oct 2019

MGN 331 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006

MGN 331 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (link)

This updated MGN, which was first published in 2006, provides details and guidance on interpretation of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006.

Main changes:

Main text

- 'Ship owners' are now mentioned alongside 'employers' with regards to legal obligations.

- The document has now started distinguishing between 'seafarers' and 'other workers'. In the earlier version the noun 'workers' was used by itself.

- The MCA's Seafarer Safety and Health Branch contact details have changed. This includes their address, phone number, email address and website.

Annex 1

- Guidance on Regulation 3: Two extra paragraphs have been added which provide definitions of 'seafarer' and 'fisherman'.

- Guidance on Regulation 6: Additional text has been added with the title 'Changes to the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006.'

- Guidance on Regulation 12: An additional paragraph has been inserted which starts with the words "HSE Inspection offshore guidance advises.."

Source: MCA.

By WCS : 21 Oct 2019

Temporary storage of contaminated waste waters removed from gas pipelines: RPS 100

Temporary storage of contaminated waste waters removed from gas pipelines: RPS 100 (link)

The Environment Agency has recently updated their guidelines on contaminated waste water.

Water sometimes gets into gas pipelines and needs to be removed as quickly as possible. It may be classed as hazardous waste. The contaminated waste water can be removed into a tanker and then stored temporarily at a depot before it's taken off site for disposal.

Non Waste Framework Directive exemption (NWFD 3) allows you to store waste at a site controlled by the producer. However, it only allows you to store up to 1,000 litres of liquid waste. You would normally need an environmental permit to store a larger amount.

If you follow the conditions in this regulatory position statement (RPS) you do not need an environmental permit to temporarily store more than 1,000 litres of waste water taken from gas pipelines.

Source: EA.

By WCS : 21 Oct 2019

SI 2019/1354 The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019

SI 2019/1354 The Control of Trade in Endangered Species (Miscellaneous Amendments) Regulations 2019 (link)

This regulation makes amendments to the following legislation relevant to oil and gas:

- The Wildlife and Countryside Act 1981

- The Conservation (Natural Habitats, &c.) Regulations 1994

- The Conservation of Habitats and Species Regulations 2017

Source: HMSO.

By WCS : 21 Oct 2019

Open Consultation: Carcinogens and mutagens regulations 2007

Open Consultation: Carcinogens and mutagens regulations 2007

The MCA is seeking views on the proposed amendments to the Merchant Shipping and Vessel Health and Safety at Work Carcinogens and Mutagens Regulations 2007 (SI 2007/3100) to implement changes to exposure limits and health surveillance requirements.

The consultation closes at 11.45pm on the 22nd of November 2019. Details can be viewed here.

Source: MCA.

By WCS : 21 Oct 2019

SI 2019/1323 The Misuse of Drugs Act 1971 (Amendment) Order 2019

SI 2019/1323 The Misuse of Drugs Act 1971 (Amendment) Order 2019 (link)

This Order relates to the control of certain drugs under the Misuse of Drugs Act 1971. Paragraph 1(ca) of Part 2 of Schedule 2 to the Act controls a range of synthetic cannabinoids as Class B drugs. Article 2 of this Order amends that paragraph to reduce the range of synthetic cannabinoids controlled.

Source: HMSO.

By WCS : 17 Oct 2019

Caisson Structural Integrity – Offshore Information Sheet No 5, 2019

Caisson Structural Integrity – Offshore Information Sheet No 5, 2019 (link)

This information sheet provides guidance on compliance for the control of risks associated with the major accident hazard of caisson failures.

The guidance is for structural technical authorities and their contractors engaged in design, installation, inspection, and maintenance of caissons. It sets out the actions required of duty holders.

This sheet takes into account the lessons learned from recent caisson failures in the United Kingdom Continental Shelf (UKCS).

Source: OSDR.

By WCS : 17 Oct 2019

SSI 2019/314 The Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019

SSI 2019/314 The Planning (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 (link)

These Regulations bring sections 1, 2 and 10 of the Planning (Scotland) Act 2019 into force on 8 November 2019 for all purposes and sections 3, 5, 7, 11, 14 and 62 and paragraph 9 of schedule 2 of the Act into force on that date for the limited purposes of enabling regulations to be made and guidance to be issued, varied, published and revoked.

The Bill for the Act received Royal Assent on 25 July 2019. Sections 58 to 61, 63 and 64 came into force on the following day.

Source: HMSO.

By WCS : 17 Oct 2019

MIN 602 (M) New Guidance and Deadline for the Notification of Assessment Requirement for Some UK Certificate of Competency Holders

MIN 602 (M) New Guidance and Deadline for the Notification of Assessment Requirement for Some UK Certificate of Competency Holders (link)

This MIN replaces MIN 591(M) which was published on 26 March 2019.

The MCA has concluded that there were deficiencies in the quality of safety critical training delivered by an MCA approved STCW Short Course provider. As such it is bringing forward the date previously set out in MIN 591(M) by which it requires identified seafarers to demonstrate compliance with required STCW standards.

Seafarers holding Certificates of Competency (CoC) that were issued on the basis of Short Courses completed at JWC International Private Limited Marine Academy, Bhubaneshwar, Odisha, India must either complete and pass an online assessment or provide evidence that they have undertaken further approved training by Thursday 2 January 2020.

Failure to comply with this MIN will result in a seafarer's CoC being suspended pending an inquiry which may ultimately result in the cancellation of a seafarer's CoC.

Source: MCA.

By WCS : 17 Oct 2019

SI 2019/1304 The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019

SI 2019/1304 The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019 (link)

This instrument makes a further amendment to the Merchant Shipping (Marine Equipment) Regulations 2016 (as amended by the Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019). It gives effect to the Agreement dated 14th February 2019 between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment.

Regulation 2(3)(b) provides that marine equipment listed in Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 may be placed on board a United Kingdom ship where it has been approved by the United States Coast Guard, is accompanied by a US declaration of conformity and is affixed with a United Kingdom conformity mark. Regulation 2(3)(b) also provides that where under Article 15 of the Agreement mutual recognition of any such equipment is suspended, that equipment may not be placed on board a United Kingdom ship.

Regulation 2(4) makes provision for the affixing of both the identification number of the United States Coast Guard as assigned by the Secretary of State, and the year in which the United Kingdom conformity mark was affixed to marine equipment which has been approved by the United States Coast Guard and granted a US declaration of conformity.

Regulation 2(5) enables the Secretary of State to ensure that equipment listed in Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 may be recalled or withdrawn from the United Kingdom market where it complies with applicable international standards but is considered to compromise health and safety or adversely affect the marine environment. It also allows the Secretary of State to restrict or prohibit the marketing of such equipment or its use on United Kingdom ships.

Source: HMSO.

By WCS : 16 Oct 2019

MGN 90 (M and F) Amendment 1 Implementation of EC Directive 90/269/EC: The Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998

MGN 90 (M and F) Amendment 1 Implementation of EC Directive 90/269/EC: The Merchant Shipping and Fishing Vessels (Manual Handling Operations) Regulations 1998 (link)

This MGN gives advice on regulations regarding manual handling and the factors affecting the risks from manual handling, with particular reference to work on board merchant ships and fishing vessels.

Source: MCA.

By WCS : 16 Oct 2019

SSI 2019/304 The Regulatory Reform (Specification of EU Instruments) (Scotland) Order 2019

SSI 2019/304 The Regulatory Reform (Specification of EU Instruments) (Scotland) Order 2019 (link)

This Order specifies a list of EU instruments as EU instruments that are or contain EU obligations relating to protecting and improving the environment for the purposes of paragraph 22(1)(b) of schedule 2 of the Regulatory Reform (Scotland) Act 2014.

Source: HMSO.

By WCS : 16 Oct 2019

The Offshore Thorough Review Process and Summaries Inspection Guide

The Offshore Thorough Review Process and Summaries Inspection Guide (link)

OSDR has recently made this inspection guide available.

This inspection guide (IG) outlines an approach to the inspection of duty holder’s arrangements with respect to the process for managing thorough reviews (TRs) and producing TR summaries, and the key areas that inspectors should consider when inspecting this topic. It also sets out the criteria for satisfactory and unsatisfactory performance factors against which duty holder performance will be rated. References are made to technical standards and guidance that inspectors will use to form an opinion of legal compliance.

This guide is intended for use by primarily Offshore Safety Directive Regulator (OSDR) inspection teams however, duty holders may benefit from the content in terms of understanding how they will be inspected by OSDR (the competent authority).

Source: OSDR.

By WCS : 16 Oct 2019

MSN 1870 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999

MSN 1870 (M and F) Amendment 1 The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 (link)

This notice provides updated safety standards applicable to Personal Protective Equipment covered by the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999.

This notice also reflects the Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations and the Merchant Shipping (Work in Fishing Convention) (Consequential and Minor Amendments) Regulations.

Source: MCA.

By WCS : 16 Oct 2019

SI 2019/1340 The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019

SI 2019/1340 The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular section 8(2)(a), (b), (c) and (g) and (9)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of environmental protection and, in particular, amend legislation on, or in relation to, persistent organic pollutants. Part 2 contains amendments to retained direct EU legislation. Part 3 revokes Part 4 of the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 and regulation 2 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019, and amends the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019.

Source: HMSO.

By WCS : 16 Oct 2019

CAA: Dangerous Goods Radiation Protection Programme

CAA: Dangerous Goods Radiation Protection Programme

The Civil Aviation Authority have recently announced the following news that is relevant to offshore helicopters –

The transport of radioactive material as cargo must be subject to a Radiation Protection Programme (RPP), which must consist of systematic arrangements aimed at providing adequate consideration of radiation protection measures.

Operators that hold a dangerous goods approval and permit the transport of radioactive material should identify their RPP document reference and location within their Operations Manual, Part A, Section 9. The specimen operations manual entries published on the CAA website have been updated to refer to the need for an RPP.

AOC holders should draft amendments to their operations manual to include a reference to their RPP and send to NPA@caa.co.uk with a completed form SRG 1832.

Source: CAA.

By WCS : 14 Oct 2019

Structural Integrity Management - Offshore Information Sheet No 2/2019

Structural Integrity Management - Offshore Information Sheet No 2/2019 (link)

This information sheet has recently been made available by the OSDR.

Duty holders must be able to demonstrate that there is a management system is in place to ensure structural integrity is maintained throughout the lifecycle of the installation. This document summarises the requirements for the structural integrity management (SIM) of offshore structures. It has been developed from the regulatory requirements for offshore installations on the UKCS, industry standards and good practice and technology developments. The emphasis of the document is on defining a framework for good structural integrity management practice to provide a benchmark against which a duty holder's management system can be assessed.

Source: OSDR.

By WCS : 11 Oct 2019

Structural Response to Vessel Impact - Offshore Information Sheet No 3/2019

Structural Response to Vessel Impact - Offshore Information Sheet No 3/2019 (link)

This information sheet has recently been made available by the OSDR. It provides guidance on compliance with the relevant regulations for assessing the structural response to vessel impact. Duty holders must be able to demonstrate that for all types of offshore installation the risks associated with collision from all attendant vessels have been reduced to as low as reasonably practicable (ALARP).

This sheet deals specifically with HSE's expectations relating to the structural response of the offshore installation to the collision.

Source: OSDR. 

By WCS : 11 Oct 2019

Structural Response to Seismic Events - Offshore Information Sheet No 4/2019

Structural Response to Seismic Events - Offshore Information Sheet No 4/2019 (link)

This information sheet has recently been made available by OSDR. It provides guidance on compliance with the law for controlling risks associated with seismic events.

Duty holders should be able to demonstrate that fixed structures and compliant structures such as tension leg platforms (TLP) and articulated towers and their safety and environmental critical elements are sufficiently robust when subjected to foreseeable seismic events. Compliant offshore structures such as TLPs and articulated towers are not 'vertically compliant' and hence require seismic assessment due to vertical ground motion.

Source: OSDR.

By WCS : 11 Oct 2019

2019/1691 of 9 October 2019 amending Annex V to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

2019/1691 of 9 October 2019 amending Annex V to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (link)

This regulation relates to REACH. It amends the Regulation 1907/2006.

Source: EC.

By WCS : 11 Oct 2019

OGA: Thematic Review - Regulatory Obligations

OGA: Thematic Review - Regulatory Obligations (link)

The OGA hosted a breakfast briefing to launch its first Thematic Review on the 9th of October. This thematic review aims to increase compliance with regulatory obligations, a vital part of the oil and gas industry’s social licence to operate, by means of an open, transparent and consultative process.

The first step of this review is a grassroots industry survey in collaboration with OGUK. This survey was sent out on the 10th of October and asks a number of questions relating to licences and consents. The survey is designed to find out where assistance from the OGA is needed, be it in the form of better guidance, procedures, more education or any other potential solutions.

The OGA will work with OGUK to develop tailored solutions to address responses received. In addition, international benchmaking work will be carried out and there will be an opportunity before the end of November for licensees to have a 1:1 meeting with members from the thematic review team.

Source: OGA.

By WCS : 11 Oct 2019

OGA: Guidance on requirements for the planning for Cessation of Production

OGA: Guidance on requirements for the planning for Cessation of Production (link)

The OGA has recently updated their guidance regarding CoP planning which was first published in July 2018.

In late field life, the field operator and licensees are encouraged to confirm with the Oil and Gas Authority whether the OGA will have any objection to the field ceasing production, permanently, at a specified time. Consequently, in order to obtain such confirmation prior to ceasing production permanently from a field or part of a field, licensees will have to satisfy the OGA that all economic development opportunities have been pursued, both for the field and for any associated current or future developments including alternative use such as CO2 storage, and that any infrastructure access considerations have been addressed.

Main changes:

Section 4 - A definition of when a permanent CoP is deemed to have occured has been added.

Section 6 - The image illustrating the OGA's role has had 'carbon storage and gas storage and offloading' added to the list of areas it regulates.

Section 7 - The CoP and Decommissioning prep timeline has had some minor edits made to the right hand side of the image. Notably, a new box, 'Operator notifies OGA of the actual CoP date', has been inserted after 'Licensees decide on actual CoP date' and before 'Decom programme submission'.

Section 14 - A new paragraph, 'Notification of CoP date', has been inserted at the start of the section 'Considerations in the Post CoP Phase'.

Source: OGA.

By WCS : 08 Oct 2019

Revised OPRED Enforcement Policy Document – Short Consultation

Revised OPRED Enforcement Policy Document – Short Consultation

The BEIS Cross Unit Business Support Team (CUBS) contacted stakeholders this week to notify of, and seek views on, the updated OPRED Enforcement Policy Document. This two-week consultation was launched so industry can consider and provide comment on the revised Document.

If you did not receive a BEIS email with the revised document showing the changes and would like a copy, please email cubs@beis.gov.uk

All comments regarding the document should be sent to: cubs@beis.gov.uk and copied to Ian Wright ian.wright@beis.gov.uk by 14 October 2019.

Source: BEIS OPRED.

By WCS : 04 Oct 2019

SI 2019/1285 The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019

SI 2019/1285 The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2019 (link)

These Regulations amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015. They relate to the implementation of Article 3 of Regulation (EU) 2019/1010 of the European Parliament and of the Council on the alignment of reporting obligations in the field of legislation related to the environment. This amends Article 18 of, and Annex 6 to, Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.

Regulation 2 inserts a new provision which requires enforcing authorities to report certain information to the Secretary of State relating to cases of environmental damage.

Source: HMSO.

By WCS : 02 Oct 2019

Consultation Outcome: Consultation on MSN 1870 (M+F) personal protective equipment regulations 1999

Consultation Outcome: Consultation on MSN 1870 (M+F) personal protective equipment regulations 1999

The Maritime and Coastguard Agency has published the final outcome document relating to the consultation they held between May and July 2019. The consultation sought views on the draft MSN 1870 (M+F) Amendment 1 - The Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999.

Further details can be found here.

Source: MCA.

By WCS : 02 Oct 2019

Regulating medical devices in the event of a no-deal Brexit

Regulating medical devices in the event of a no-deal Brexit (link)

This guidance will apply from exit day in line with the Medical Devices (Amendment etc.) (EU Exit) Regulations 2019.

This guidance sets out how medical devices will be regulated in the UK in a no-deal Brexit scenario.

Source: Medicines and Healthcare Products Regulatory Agency.

By WCS : 01 Oct 2019

Exceeding permit limits when you obtain additional radioactive materials

Exceeding permit limits when you obtain additional radioactive materials (link)

The Environment Agency has brought out an updated EU Exit regulatory position statement (EU Exit RPS) regarding exceeding permit limits for radioactive materials. The statement details what you should do with both sealed and unsealed radioactive materials as well as how to comply when the EU Exit RPS is not in operation.

This RPS applies until 30 April 2020. The previous RPS became invalid on 30 September 2019.

There are no significant changes. The only notable change is that the words 'EU Exit' have changed to 'Brexit' throughout the document.

Source: EA.

By WCS : 30 Sep 2019

Accumulating radioactive waste that you cannot transfer because of Brexit

Accumulating radioactive waste that you cannot transfer because of Brexit (link)

The Environment Agency has brought out an updated EU Exit regulatory position statement (EU Exit RPS) regarding the accumulation of radioactive waste that cannot be transferred because of the UK's exit from the EU. The statement details what you should do with both sealed and unsealed radioactive materials as well as how to comply when the EU Exit RPS is not in operation. Waste accumulation exemptions are also listed.

This RPS applies until 30 April 2020. The previous RPS became invalid on 30 September 2019.

There are no significant changes. The only notable change is that the words 'EU Exit' have changed to 'Brexit' throughout the document.

Source: EA.

By WCS : 30 Sep 2019

SI 2019/1253 The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2019

SI 2019/1253 The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2019 (link)

This instrument amends regulations made under section 2(2) of the European Communities Act 1972 in relation to ecodesign and energy labelling. 

Source: HMSO.

By WCS : 26 Sep 2019

SSI 2019/274 The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019

SSI 2019/274 The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Amendment Regulations 2019 (link)

These Regulations amend the Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019, and are made in exercise of the powers in paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018.

Source: HMSO.

By WCS : 26 Sep 2019

SI 2019/1236 The Export Control (Sanctions) (Amendment) Order 2019

SI 2019/1236 The Export Control (Sanctions) (Amendment) Order 2019 (link)

This Order amends various existing subordinate legislation making provision in connection with trade restrictions.

Source: HMSO.

By WCS : 26 Sep 2019

SI 2019/1246 The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019

SI 2019/1246 The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations include amendments relating to exit from the European Union and amendments that do not result from exit.

They amend the Conformity Assessment (Mutual Recognition Agreements) Regulations 2019, which implement mutual recognition agreements between the European Union and third countries, including Switzerland; the Pressure Equipment (Safety) Regulations 2016, which transpose Directive 2014/68/EU of the European Parliament and of the Council of 15th May 2014 on the harmonisation of the laws of member States relating to the making available on the market of pressure equipment (recast); and the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, which make amendments to legislation in the field of product safety and metrology, arising out of the United Kingdom’s withdrawal from the European Union.

Source: HMSO.

By WCS : 26 Sep 2019

ENERGY SAVINGS OPPORTUNITY SCHEME (ESOS) ESOS guidance notes for the offshore oil and gas industry

ENERGY SAVINGS OPPORTUNITY SCHEME (ESOS) ESOS guidance notes for the offshore oil and gas industry (link)

BEIS has revised this guidance by inserting an Environment Agency notification weblink and updating Appendix A regarding notification questions.

Source: BEIS.

By WCS : 17 Sep 2019

Open Permission – Emergency Pipeline Deposit Template

Open Permission – Emergency Pipeline Deposit Template

The OGA has recently made a change to the Open Permission – Emergency Pipeline Deposit Template. The email address for forwarding the completed form to has changed to consents@ogauthority.co.uk

The current version of the form can be found here.

Source: OGA.

By WCS : 11 Sep 2019

Environmental Regulations (Scotland) Charging Scheme EASR Variations & Surrenders Definitions Guidance

Environmental Regulations (Scotland) Charging Scheme EASR Variations & Surrenders Definitions Guidance (link)

Paragraph 8 and Table 1 of the Environmental Regulation (Scotland) Charging Scheme 2018 (the Charging Scheme) sets out a graded approach to application fees for variations and surrenders of authorisations which includes the categories of “substantial”, “standard” and “administrative”. The purpose of this document is to define what these categories mean in relation to applications for permits for radioactive substances activities under the Environmental Authorisations (Scotland) Regulations 2018 (EASR).

Source: SEPA.

By WCS : 10 Sep 2019

SSI 2019/276 The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/276 The Environmental Liability etc. (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

Part 2 makes amendments to the Environmental Liability (Scotland) Regulations 2009 to update references to a number of EU instruments referred to in those Regulations. In addition, regulation 2(4) inserts a new regulation 7A into those Regulations to impose a new reporting requirement on competent authorities other than the Scottish Ministers where environmental damage has occurred. 

Part 3 amends the Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 to correct drafting errors and fulfils a commitment to the Scottish Parliament to do so.

Part 4 of these Regulations is made in exercise of the powers in paragraph 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act), arising from the withdrawal of the United Kingdom from the European Union.

Source: HSMO.

By WCS : 10 Sep 2019

SSI 2019/273 The Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019

SSI 2019/273 The Management of Extractive Waste (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018. These Regulations make amendments to legislation concerning the management of extractive waste. The amendments update out of date references to EU instruments which are no longer in force. The amendments also address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 10 Sep 2019

HSE Safety Alert CEMHD2 - 2019: Catastrophic rupture of dead-leg pipe-work

HSE Safety Alert CEMHD2 - 2019: Catastrophic rupture of dead-leg pipe-work (link)

This safety alert highlights the increased risks of primary containment loss associated with dead-legs that may be present on process pipe-work. Dead-legs are lines containing process fluids under stagnant, no or low flow conditions.

In a recent incident there was a significant leak of hot hydrocarbon under pressure when a dead-leg failed catastrophically, leading to a full-bore rupture of the pipe. This resulted in the loss of an estimated 75 tonnes of boiling hydrocarbon to atmosphere, but a major catastrophe was avoided as the resulting vapour cloud did not ignite. The investigation found that significant pipework wall loss had taken place in the failed dead-leg, but that this was highly localised and had been missed by the pipework examination regime; various thickness checks were routinely being made, but these were either side of the locally corroded area. This incident has highlighted the risks of dead-leg corrosion, and that existing integrity management regimes may be inadequate to manage the threat of highly localised internal degradation, particularly when a thermal gradient, liquid interface or other feature may be present along the dead-leg.

The purpose of this safety alert is to highlight the risks of corrosion in dead-legs and where they can't be eliminated, remind operators of the guidance on how to inspect these areas to avoid loss of containment.

Source: HSE.

By WCS : 26 Aug 2019

Offshore Safety Directive – Licensing and Operatorship Safety and Environmental Aspects

Offshore Safety Directive – Licensing and Operatorship Safety and Environmental Aspects (link)

This guidance has recently been updated by OSDR. 

The Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 include provisions relating to the capability of prospective licensees and the capacity of operators who are appointed under the regulations to undertake the offshore oil and gas activities. Prospective licensees and operators should also be aware of the requirements detailed in the Hydrocarbons Licensing Directive Regulations 1995 and the Petroleum Licensing (Applications) Regulations 2015. Where the provisions in those regulations overlap with the safety and environmental provisions of the OSD Licensing Regulations, the requirements are consolidated in this guidance document.

Source: OSDR.

By WCS : 23 Aug 2019

Offshore Petroleum Licensing Regulations (OPLR) 2015 post implementation review

Offshore Petroleum Licensing Regulations (OPLR) 2015 post implementation review

The Department for Business Energy and Industrial Strategy (BEIS) is carrying out a post-implementation review of the Offshore Petroleum Licensing Regulations 2015, which require a range of considerations to be taken into account before a licence to explore for, or produce, petroleum can be granted or transferred.

BEIS has now published a survey to assess whether the regulations are achieving their objectives.  The survey is aimed at licensees and operators who are required to provide the competent authority (BEIS/HSE) with certain environmental and health and safety information.  

This survey should take no more than 20 minutes to complete and will close on 18 September. You can find the survey here.

Source: OGA.

By WCS : 22 Aug 2019

Environment Agency: Onshore oil and gas sector guidance

Environment Agency: Onshore oil and gas sector guidance (link)

The Environment Agency has recently updated this document. The guidance details the environmental permits and permissions needed for onshore oil and gas exploration and extraction in England. Oil and gas companies, their service companies and consultants should use this guidance to understand:

- the environmental permits you need for onshore oil and gas operations in England

- other permissions you may need from the Environment Agency

- information about best available techniques you must use

This guide covers these onshore oil and gas activities:

- constructing a well pad

- drilling wells

- flow testing and well stimulation, including hydraulic fracturing

- storing and handling crude oil

- managing waste gases, including flaring

- handling, storing and disposing of produced waters and flowback fluid

- managing extractive wastes

- extracting coal mine methane

Source: EA.

By WCS : 20 Aug 2019

Consultation Outcome: Environmental permitting: standard rules consultation no 19

Consultation Outcome: Environmental permitting: standard rules consultation no 19

The Environment Agency has published their summary of consultation responses and decisions relating to the consultation they held between April and June 2019. The consultation sought views on the EA's proposal to revise standard rules sets for medium combustion plant and specified generators.

Further details can be found here.

Source: EA.

By WCS : 20 Aug 2019

HSE Safety Alert STSU2 - 2019 - Safety notice to act as a reminder of the phenomenon of condensate induced water hammer

HSE Safety Alert STSU2 - 2019 - Safety notice to act as a reminder of the phenomenon of condensate induced water hammer (link)

Following an incident currently being investigated by the Office for Nuclear Regulation, HSE is issuing this safety notice to remind duty-holders about condensate induced water hammer, and their responsibilities in terms of the maintenance and operation of steam systems. This notice is concerned with existing installations and assumes that the steam system has been appropriately designed.

Source: HSE.

By WCS : 16 Aug 2019

Certificate of proof of civil, passenger, other liability insurance

Certificate of proof of civil, passenger, other liability insurance (link)

This guidance has recently been updated. It details how ship owners, brokers and operators can apply to MCA for passenger, bunker, tanker and wreck removal compulsory liability insurance certificates.

Source: MCA.

By WCS : 15 Aug 2019

Using and trading fluorinated gas and ozone-depleting substances: rules and processes in a no deal Brexit

Using and trading fluorinated gas and ozone-depleting substances: rules and processes in a no deal Brexit (link)

This guidance details how businesses can continue to trade and deal in fluorinated greenhouse gases and ozone-depleting substances in the UK and EU if there’s a no deal Brexit.

This document has recently been updated to include guidance for companies who have stocks of HFCs in the UK or EU on exit day.

Source: Defra and EA.

By WCS : 12 Aug 2019

Integrated Reporting System - REMINDER - Action Required

BEIS Energy Portal – Integrated Reporting System (IRS) – REMINDER - Action Required

BEIS OPRED have reminded operators regarding the nomination of a Team Co-ordinator for the Integrated Reporting System. Failure to do so may result in operators being unable to submit PON1s through IRS. The original message from BEIS to operators can be seen below.

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OPRED is developing an Integrated Reporting System (IRS) on the Energy Portal for reporting regulatory breaches or non-compliance with regulatory approvals. IRS is expected to house report types such as PON1s, PON2s, PON10s, non-compliances and various other notifications, and is being developed in two phases. Phase I covers PON1 and the remaining reports are expected to be covered in Phase II. Phase I is expected to go live later this year and will replace the current PON1 system. Further details on Phase I will follow in due course.

Nominating Team Co-ordinator for Company Groups

One of the key features of the development involves the Team Co-ordinator role within each Company Group. The Team Co-ordinator will be able to manage team access to the IRS and enable relevant permissions to the team members. Anyone who is required to submit a PON1 will need to have access to the IRS and relevant permissions from day one of Phase I going live – these can only be set-up by the Team Co-ordinator in an organisation. OPRED requires operators to advise them of who in their organisation they wish to be set-up with Team Co-ordinator rights (names and e-mail addresses). Response is required by Friday 2 August 2019. Failure to respond would delay setting-up Team Co-ordinator roles and may result in an organisation not being able to submit PON1s through IRS when Phase I goes live.

The address to send responses to is bst@beis.gov.uk

Source: BEIS OPRED.

By WCS : 08 Aug 2019

Planning Scotland Act 2019

Planning Scotland Act 2019 (link)

An Act of the Scottish Parliament to make provision about how land is developed and used.

Source: HMSO.

By WCS : 07 Aug 2019

HSE Safety Alert CEMHD 1 - 2019: Use of ICAR Capacitors in uninterruptable power supply (UPS) systems

HSE Safety Alert CEMHD 1 - 2019: Use of ICAR Capacitors in uninterruptable power supply (UPS) systems (link)

This Safety Alert is aimed at:

All users of industrial uninterruptable power supply (UPS) systems including, but not limited to, the chemical industry, energy industry, offshore oil and gas production and other users of high capacity electrical capacitors in industrial equipment.

Affected capacitors are known to be found in some models of UPS system manufactured by Vertiv Infrastructure, previously trading as Emerson or Chloride.

As noted above, affected capacitors may also be found in other industrial equipment and users of such equipment should use the information in this safety alert to assess the ongoing risk of using this equipment and the need to consider further risk control measures.

Source: HSE.

By WCS : 07 Aug 2019

CAP 670: Air Traffic Services Safety Requirements

CAP 670: Air Traffic Services Safety Requirements (link)

Amendment 1/2019 updates CAP 670’s overview of requirements and the regulatory framework as well as requirements and guidance for Air Traffic Services, Communication, Navigation, Surveillance, Meteorological and Information and Alerting Systems, as well Air Traffic Control (ATC) unit staffing and duty hours.

This document becomes effective on the 1st of August 2019.

Source: CAA.

By WCS : 01 Aug 2019

Give notice and get consent for a planned activity on an SSSI

Give notice and get consent for a planned activity on an SSSI (link)

Owners and occupiers should use this form to give notice of a planned activity on a site of special scientific interest (SSSI) that needs Natural England’s permission.

Source: Natural England.

By WCS : 31 Jul 2019

Meeting climate change requirements if there's no Brexit deal

Meeting climate change requirements if there's no Brexit deal (link)

This technical notice offers guidance for continued planning in the event of no deal and is an update to the notice published in April 2019.

The document was updated to confirm the start date of the Carbon Emissions Tax; and to update the information on the Kyoto Protocol National Registry.

Also included is an overarching framing notice explaining the government's approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.

Source: BEIS.

By WCS : 30 Jul 2019

Consultation Responses: Improving protection given to Priority Marine Features: responses to scoping consultation

Consultation Responses: Improving protection given to Priority Marine Features

Marine Scotland has published a summary of responses received to their consultation on the scoping of the project to improve protection of Priority Marine Features outside the Marine Protected Area network.

Details can be found here.

Source: Marine Scotland.

By WCS : 30 Jul 2019

OGA: Wells Strategy 2019

OGA: Wells Strategy 2019 (link)

The OGA has published for the first time a Wells Strategy which provides a framework of how the OGA and industry will work together to deliver increased activity and improve performance.

The OGA’s first Wells Insights Report, published in November 2018, clearly identified the need for increased activity and improved well management.

The Wells Strategy sets out three key areas of focus covering business processes to increase well activity, well performance and regulatory compliance and provides an outline of how these objectives will be delivered.

Source: OGA.

By WCS : 30 Jul 2019

SI 2019/1169 The Firearms (Fees) Regulations 2019

SI 2019/1169 The Firearms (Fees) Regulations 2019 (link)

These Regulations authorise the Secretary of State and the Scottish Ministers to require the payment of a fee before an authority under section 5 of the Firearms Act 1968 (a "section 5 authority"), an approval under section 15 of the Firearms (Amendment) Act 1988 and a licence under the Schedule to the Firearms (Amendment) Act 1988 is granted, varied or renewed.

Source: HMSO.

By WCS : 29 Jul 2019

Operations Notice 82: Guidance on the provision of accommodation on offshore installations

Operations Notice 82: Guidance on the provision of accommodation on offshore installations (link)

This Notice has recently been made available on the OSDR website and provides guidance on the provision of accommodation on offshore installations to comply with the requirements of Regulation 12 and Schedule 1 of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996 (DCR).  

It clarifies the terms "bed", "sufficient beds", "overcrowded", "adequate space" and "reasonable privacy and comfort". 

ON82 (Issued August 2017) is now withdrawn.

Source: OSDR.

By WCS : 29 Jul 2019

SI 2019/645 The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/645 The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018, in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2) (a), (b), (c), (d) and (g) ) arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 29 Jul 2019

MMO: Marine licence fees

MMO: Marine licence fees (link)

The MMO have recently updated their advice in relation to the Marine Licensing Service.

Source: MMO.

By WCS : 29 Jul 2019

2019/1166 The Offshore Installations (Safety Zones) (No. 2) Order 2019

2019/1166 The Offshore Installations (Safety Zones) (No. 2) Order 2019 (link)

Article 2 of this Order establishes, under section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the 7 installations (which are subsea installations) specified in the Schedule to this Order stationed, or to be stationed, in waters to which section 21(7) of that Act applies (these include territorial waters and waters in areas designated under section 1(7) of the Continental Shelf Act 1964).

Articles 3 and 4 remove two safety zones established under previous Orders.

Source: HMSO.

By WCS : 29 Jul 2019

2019/1159 of the European Parliament and of the Council of 20 June 2019 amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC on the mutual recognition of seafarers' certificates issued by the Member States

2019/1159 of the European Parliament and of the Council of 20 June 2019 amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC on the mutual recognition of seafarers' certificates issued by the Member States (link)

This Directive relates to seafarer training and certification. It amends the Directive 2008/106/EC and repeals Directive 2005/45/EC.

Source: EC.

By WCS : 25 Jul 2019

SI 2019/1159 The Export Control (Amendment) (No. 2) Order 2019

SI 2019/1159 The Export Control (Amendment) (No. 2) Order 2019 (link)

This Order amends the Export Control Order 2008.

Article 2 amends Schedule 3 to the 2008 Order to insert a new dual-use control in respect of submersible vehicles prohibiting the export and transfer of such goods and software or technology for the development, production or use of such goods where they are destined for Russia.

Source: HMSO.

By WCS : 25 Jul 2019

Open Consultation: Carbon capture, usage and storage (CCUS) projects: re-use of oil and gas assets

Open Consultation: Carbon capture, usage and storage (CCUS) projects: re-use of oil and gas assets

BEIS is seeking views on the re-use of oil and gas assets for carbon capture, usage and storage (CCUS) projects.

They are seeking views on this infrastructure and the associated policy proposals to:

- introduce a discretionary power for the Secretary of State to remove the decommissioning liability from previous oil and gas asset owners if assets are transferred to CCUS projects

- change policy and guidance documents to encourage owners and operators of oil and gas assets to propose a period of suspension prior to decommissioning.

The consultation closes at 11.45pm on the 16th of September 2019. Details can be viewed here.

Source: BEIS.

By WCS : 23 Jul 2019

Regulating persistent organic pollutants if there's no Brexit deal

Regulating persistent organic pollutants if there's no Brexit deal (link)

If the UK leaves the EU without a deal, the UK's persistent organic pollutants (POPs) regulation will continue in its current form.

This document details the current regulations and what will happen after the 31st of October if there is no deal.

Source: Defra.

By WCS : 23 Jul 2019

OGA: Revised Stewardship Expectations

OGA: Revised Stewardship Expectations (link)

The OGA has recently launched an updated set of stewardship expectations to promote industry good practice and support maximum economic recovery (MER).

The ten stewardship expectations have been designed to apply across the entire exploration and production lifecycle, and have been developed jointly with industry.

Source: OGA.

By WCS : 22 Jul 2019

SI 2019/1144 The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019

SI 2019/1144 The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019. The Exit Regulations amend Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency.

Source: HMSO.

By WCS : 22 Jul 2019

BEIS: Other Regulatory Issues - Environmentally Sensitive Areas – Quadrant-Block Specific Issues

Other Regulatory Issues - Environmentally Sensitive Areas – Quadrant-Block Specific Issues (link)

BEIS has recently updated this document.

There are a number of licence-related activities that require individual approval, often (but not always) including environmental approval from BEIS. In considering applications for such approval, advice will be routinely sought from other Government Departments and statutory nature conservation agencies such as the Joint Nature Conservation Committee. These bodies have administrative requirements of their own. For instance, they may have defined minimum processing times; they may wish to warn applicants of other regulatory controls; or they may have concerns about certain kinds of activity at certain times of the year. To the extent that BEIS is aware of such requirements they have set them out in this document, but it does not purport to be an exhaustive list of all issues. Against each requirement they have indicated the originating organisation(s), and any queries are best addressed to them.

Source: BEIS.

By WCS : 18 Jul 2019

SI 2019/963 The Firearms (Amendment) Rules 2019

SI 2019/963 The Firearms (Amendment) Rules 2019 (link)

These Rules make amendments to the Firearms Rules 1998.

Rule 2(2) replaces the existing application form for registration as a firearms dealer or for a new certificate of registration as a firearms dealer. The amendments to the form impose a requirement on applicants to provide details of all servants who, by virtue of section 8(1) of the Firearms Act (the '1968 Act'), are or will be authorised to possess, purchase or acquire firearms and ammunition in the ordinary course of the applicant's business. Applicants are also now required in certain circumstances to provide a personal health and medical declaration disclosing relevant medical conditions that may affect their suitability to carry on business as a firearms dealer without danger to the public safety or to the peace.

Rule 2(3) replaces the existing form which a registered firearms dealer uses to notify the chief officer of police for that area of a place of business not already entered in the register. The amendments to the form impose a requirement on registered firearms dealers to also provide details of all servants who, by virtue of section 8(1) of the 1968 Act, are or will be authorised to possess, purchase or acquire firearms and ammunition in the ordinary course of the registered firearms dealer's business.

Source: HMSO.

By WCS : 18 Jul 2019

BEIS Energy Portal – Integrated Reporting System (IRS) – Action Required by Friday 2nd Aug 2019

BEIS Energy Portal – Integrated Reporting System (IRS) – Action Required by Friday 2nd Aug 2019

OPRED is developing an Integrated Reporting System (IRS) on the Energy Portal for reporting regulatory breaches or non-compliance with regulatory approvals. IRS is expected to house report types such as PON1s, PON2s, PON10s, non-compliances and various other notifications, and is being developed in two phases. Phase I covers PON1 and the remaining reports are expected to be covered in Phase II. Phase I is expected to go live later this year and will replace the current PON1 system. Further details on Phase I will follow in due course.

Nominating Team Co-ordinator for Company Groups

One of the key features of the development involves the Team Co-ordinator role within each Company Group. The Team Co-ordinator will be able to manage team access to the IRS and enable relevant permissions to the team members. Anyone who is required to submit a PON1 will need to have access to the IRS and relevant permissions from day one of Phase I going live – these can only be set-up by the Team Co-ordinator in an organisation. OPRED requires operators to advise them of who in their organisation they wish to be set-up with Team Co-ordinator rights (names and e-mail addresses)Response is required by Friday 2 August 2019. Failure to respond would delay setting-up Team Co-ordinator roles and may result in an organisation not being able to submit PON1s through IRS when Phase I goes live.

This message was sent out by BEIS as an email to Operators. The address to send responses to is bst@beis.gov.uk

Source: BEIS OPRED.

By WCS : 17 Jul 2019

SI 2019/1098 The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

SI 2019/1098 The Aviation Safety (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018, in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of aviation safety. None of the changes being made alter the technical requirements and standards established by the legislation.

Source: HMSO.

By WCS : 17 Jul 2019

SI 2019/1099 The Persistent Organic Pollutants (Various Amendments) Regulations 2019

SI 2019/1099 The Persistent Organic Pollutants (Various Amendments) Regulations 2019 (link)

These Regulations supplement Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast). 

Regulation (EU) 2019/1021 replaces and repeals Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants.

Source: HMSO.

By WCS : 17 Jul 2019

OPRED - Change to OPEP controlled copy requirements

OPRED - Change to OPEP controlled copy requirements

OPRED no longer require operators to provide a hard copy of Oil Pollution Emergency Plans (OPEPs) from Monday 15th July 2019.

All OPEP submissions must be made through the Competent Authority Portal (CA Portal).  The CA Portal is accessed via the UK Oil Portal. Operators are advised to ensure that the most current versions of all approved controlled copy OPEPs are uploaded onto the CA Portal.

From the above noted date OPRED no longer require hard copy formats to be provided.  From today any hard copies received will be securely destroyed. 

OPRED will start securely destroying all currently held hard copies 10 working days after the changes take effect.

These changes do not impact the requirement to provide hard copies of all relevant OPEPs on offshore installations and in onshore response centres.

Note, there is also no requirement to provide a copy by email. If BEIS OPRED receives a controlled copy by email it will be deleted.

Any queries should be directed to BEIS OPRED at cubs@beis.gov.uk.

Source: BEIS OPRED.

By WCS : 11 Jul 2019

SR2015 No1: Ref. WMP3 - Waste Management Plan for the management of extractive waste, not including a waste facility, generated from onshore oil and gas prospecting activities including drilling, coring, fall-off testing, acid wash and decommissioning but excluding any well stimulation or hydraulic fracturing (using oil and water based drilling mud)

SR2015 No1: Ref. WMP3 - Waste Management Plan for the management of extractive waste, not including a waste facility, generated from onshore oil and gas prospecting activities including drilling, coring, fall-off testing, acid wash and decommissioning but excluding any well stimulation or hydraulic fracturing (using oil and water based drilling mud) (link)

This WMP became available for new operators on 10th April 2019 and became applicable to existing permit holders on 10th July 2019.

Source: EA.

By WCS : 11 Jul 2019

OPRED OPPC Regulatory Non-Compliance Notification Form

OPRED OPPC Regulatory Non-Compliance Notification Form (link)

This form has recently been updated by OPRED.

Source: BEIS OPRED.

By WCS : 11 Jul 2019

Standard rules SR2015 No1 - The Environmental Permitting (England & Wales) Regulations 2016

Standard rules SR2015 No1 - The Environmental Permitting (England & Wales) Regulations 2016: 
The management of extractive waste not including a waste facility, generated from onshore oil and gas prospecting activities including drilling, coring, fall-off testing, acid wash and decommissioning but excluding any well stimulation or hydraulic fracturing, for the production of oil or gas, (using oil and water based drilling mud)
(link)

This updated document became available for new operators on 10th April 2019 and became applicable to existing permit holders on 10th July 2019.

Source: EA.

By WCS : 11 Jul 2019

2019/983 of the European Parliament and of the Council of 5 June 2019 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work

2019/983 of the European Parliament and of the Council of 5 June 2019 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (link)

This Directive amends the Directive 2004/37/EC by amending Article 18A and Annex III.

Source: EC.

By WCS : 10 Jul 2019

2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 ...

2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (link)

In order to address the need for implementation and compliance information, amendments to several Union legislative acts related to the environment are being introduced, taking into account the results of the Commission report of 9 June 2017 on Actions to Streamline Environmental Reporting and the accompanying Fitness Check of Reporting and Monitoring of EU Environment Policy of 9 June 2017 (together referred to as the 'Fitness Check on reporting').

Source: EC.

By WCS : 10 Jul 2019

2019/957 of 11 June 2019 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards (3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl) silanetriol and TDFAs

2019/957 of 11 June 2019 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards (3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl) silanetriol and TDFAs (link)

Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to this Regulation.

Source: EC.

By WCS : 10 Jul 2019

Legal operator and competence requirements: environmental permits

Legal operator and competence requirements: environmental permits (link)

You must fulfil certain criteria if you want to apply for and keep an environmental permit.

This guidance provides further details on the legal operator and competence requirements.

Source: Defra and EA.

By WCS : 10 Jul 2019

Marine licensing - Definitions

Marine licensing - Definitions (link)

This guidance provides definitions for some commonly-used terms on the subject of marine licensing.

Source: MMO.

By WCS : 10 Jul 2019

SI 2019 858 The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

SI 2019 858 The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019. The Exit Regulations amend Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency.

Source: HMSO.

By WCS : 10 Jul 2019

MSN 1848 M Amendment 3 Maritime Labour Convention 2006 Survey and Certification of UK Ships

MSN 1848 M Amendment 3 Maritime Labour Convention 2006 Survey and Certification of UK Ships (link)

The purpose of this Merchant Shipping Notice is to give details of arrangements for the survey, inspection and certification of seafarers' working and living conditions on UK ships, in accordance with the Maritime Labour Convention, 2006 (MLC) under the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. No. 2013/1785), and provide appropriate guidance.

This notice includes the amendments to the Maritime Labour Convention, 2006 (the MLC) adopted by the ILO in June 2014, including the format for the updated DMLC Part 1 and Part 2.

Source: MCA.

By WCS : 10 Jul 2019

SI 2019/1078 The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019

SI 2019/1078 The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2) (a), (d) and (g) ) arising from the withdrawal of the UK from the European Union.

Source: HMSO.

By WCS : 09 Jul 2019

SI 2019/1056 The Climate Change Act 2008 (2050 Target Amendment) Order 2019

SI 2019/1056 The Climate Change Act 2008 (2050 Target Amendment) Order 2019 (link)

Article 2 of this Order amends section 1 of the Climate Change Act 2008 by altering the percentage amount in subsection (1). Section 1(1) imposes a duty on the Secretary of State as to the level of the "net UK carbon account" (the amount of net UK emissions of targeted greenhouse gases for a period adjusted by the amount of carbon units credited or debited to the account) for the year 2050. The duty is to ensure that the net UK carbon account is lower than the "1990 baseline" (the baseline of net UK emissions of targeted greenhouse gases against which the percentage amount in subsection 1(1) is applied) by a minimum percentage amount.

The amendment in this Order has the effect that the minimum percentage by which the net UK carbon account for the year 2050 must be lower than the 1990 baseline is increased from 80% to 100%.

Source: HMSO.

By WCS : 09 Jul 2019

MGN 579 M The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018

MGN 579 M The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018 (link)

This MGN has recently been updated and provides guidance and clarification on the Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018, SI 2018/155, which implement the International Convention on Load Lines 1966 and its Protocol of 1988 in their most recently amended form into UK law.

Source: MCA.

By WCS : 09 Jul 2019

Emergency Airworthiness Directive 2019-0152-E - ATA 63 – Main Rotor Drive – Main Gearbox – Replacement and ATA 11 – Placards and Markings – ENG1 Training Idle Switch – Installation / Operational Restriction

Emergency Airworthiness Directive 2019-0152-E - ATA 63 – Main Rotor Drive – Main Gearbox – Replacement and ATA 11 – Placards and Markings – ENG1 Training Idle Switch – Installation / Operational Restriction (link)

This Emergency Airworthiness Directive (AD) applies to Airbus EC 225 LP helicopters, all manufacturer serial numbers.

During overhaul of an affected Main Gearbox (MGB), wear was detected on ramps and rollers cage were found broken on the affected part. The investigation to determine the root cause of the occurrence is ongoing.

This condition, if not corrected, could lead to reduced capacity to transfer one engine inoperative (OEI) power delivered by the right side engine following an event of in-flight shut down of the left side engine, resulting in reduced control of the helicopter. 

To address this potential unsafe condition, Airbus Helicopters issued the Alert Service Bulletin (ASB) to provide instructions for replacement of the affected MGB and to introduce an operational restriction regarding training flights involving OEI.

For the reasons described above, this AD requires repetitive replacement of the affected MGB (for in-shop check of the affected part) and an operational limitation for OEI training flights by installing placards. This AD also introduces conditions for installing a replacement MGB on a helicopter. This AD is considered an interim action and further AD action may follow.

Source: CAA/EASA.

By WCS : 09 Jul 2019

Lifejackets for abandonment from an offshore installation – Offshore Information Sheet 7/2009

Lifejackets for abandonment from an offshore installation – Offshore Information Sheet 7/2009 (link)

OSDR has recently made this revised Offshore Information Sheet available on their website. This sheet identifies the various features of abandonment lifejackets, which should normally be provided for offshore installations, in addition to those lifejacket features provided for compliance with SOLAS. Duty holders should review their lifejacket assessments in accordance with this guidance. This sheet applies specifically to lifejackets to be used for abandonment from an offshore installation. It does not apply to lifejackets used for other purposes, such as for helicopter travel or for overside working. This revision updates Offshore Information Sheet 7/2009 published in June 2009 which is now withdrawn.

Source: OSDR.

By WCS : 04 Jul 2019

Offshore Installation Moorings – Offshore Information Sheet 4/2013 Rev 3

Offshore Installation Moorings – Offshore Information Sheet 4/2013 Rev 3 (link)

OSDR has recently made this revised Offshore Information Sheet available on their website. This information sheet applies to offshore installation moorings. It replaces OTO 2001/50 on Station keeping; SPC/ENF/50 on the Reporting of Mooring Failures; and incorporates Safety Notice 3-2005 on FPSO (Floating Production Storage and Offloading vessel) mooring inspection, which is now withdrawn. This revision corrects errors found in the published version of Revision 2.

Source: OSDR.

By WCS : 04 Jul 2019

COMAH 2015 Post Implementation Review – have your say

COMAH 2015 Post Implementation Review – have your say (link)

The Control of Major Accident Hazards Regulations 2015 (COMAH), which have been in place since 1st June 2015, include a requirement for the Health & Safety Executive (HSE) to review them after five years. The purpose of the review is to see if they've met their objectives.

HSE needs to hear from COMAH-site operators and others involved in COMAH, including emergency planners and responders.

The survey will close at the end of the day on Wednesday 31st July 2019.

Source: HSE.

By WCS : 03 Jul 2019

EASA Emergency Airworthiness Directive 2019-0148-E - ATA 55 – Stabilizers – Horizontal Stabilizer Spar – Inspection

EASA Emergency Airworthiness Directive 2019-0148-E - ATA 55 – Stabilizers – Horizontal Stabilizer Spar – Inspection (link)

This Emergency Airworthiness Directive (AD) applies to EC 175 B helicopters, all serial numbers and relates to the Horizontal Stablizer Spar.

During daily inspection a crack was found on the horizontal stabilizer skin and on the horizontal stabilizer main spar. This condition, if not detected and corrected, could lead to partial loss of the horizontal stabilizer, possibly resulting in loss of control of the helicopter. To address this potential unsafe condition, Airbus Helicopters issued the Emergency Alert Service Bulletin (EASB) EC175 05A030, providing repetitive inspection instructions of the horizontal stabilizer main spar for cracks.

For the reasons described above, this AD requires repetitive inspections of the horizontal stabilizer main spar and, depending on findings, replacement. This AD is considered an interim action and further AD action may follow.

Source: CAA/EASA.

By WCS : 02 Jul 2019

PETS Upgrade Note to Industry - Seabirds Oil Sensitivity Index (SOSI)

PETS Upgrade Note to Industry - Seabirds Oil Sensitivity Index (SOSI) (link)

The PETS MAT Environmental Considerations page has been updated to accommodate the use of the Seabirds Oil Sensitivity Index (SOSI). This document provides information on how this new part of the webpage works.

Source: BEIS.

By WCS : 02 Jul 2019

PON 2 - Notification pro-forma for reporting the loss or dumping of synthetic materials and other refuse at sea

PON 2 - Notification pro-forma for reporting the loss or dumping of synthetic materials and other refuse at sea (link)

BEIS has issued an updated version of the PON 2 pro-forma for reporting the loss or dumping of synthetic materials and refuse at sea. This form must be sent, within 6 hours of loss or dumping incident, to BEIS OPRED and the organisations listed in the introduction to the form.

Source: BEIS OPRED.

By WCS : 02 Jul 2019

SI 2019/223 The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/223 The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 (link)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.

Source: HMSO.

By WCS : 02 Jul 2019

MGN 417 (M+F) MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System (GMDSS)

MGN 417 (M+F) MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System (GMDSS) (link)

This document has recently been updated.

Maritime Administrations must ensure that companies offering a GMDSS Shore-Based Maintenance (SBM) service are acceptable in accordance with IMO Resolution A.702 (17). Where the ship owner has opted for radio equipment to be maintained through a Shore-Based Maintenance Agreement, the Maritime and Coastguard Agency (MCA) has agreed with industry a set of requirements that need to be met by a company seeking registration as a SBM provider. These provisions are set out in the annexes to this MGN.

Source: MCA. 

By WCS : 02 Jul 2019

MGN 197 Amnd 1 (M+F) Implementation of 2013 Euratom Basic Safety Standards Directive (2013 BSSD) in relation to public radiation exposures

MGN 197 Amnd 1 M F Implementation of 2013 Euratom Basic Safety Standards Directive (2013 BSSD) in relation to public radiation exposures (link)

This Marine Guidance Note draws attention to the obligation under several statutory regulations to ensure compliance with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for the protection against the dangers arising from exposure to ionising radiation.

Source: MCA.

By WCS : 02 Jul 2019

OPRED Permit Condition Non-Compliance Notification Form

OPRED Permit Condition Non-Compliance Notification Form (link)

BEIS OPRED have introduced this new pro-forma for reporting Non-Compliance with The Offshore Combustion Installations Regulations – Combustion Installation Permit condition requirements.

Source: BEIS OPRED.

By WCS : 27 Jun 2019

2019/1021 of 20 June 2019 on persistent organic pollutants

2019/1021 of 20 June 2019 on persistent organic pollutants (link)

This regulation establishes a common legal framework within which to take measures designed, in particular, to eliminate the manufacturing, placing on the market and use of intentionally manufactured persistent organic pollutants.

Source: EC.

By WCS : 27 Jun 2019

Management of end-of-life smoke detectors

Management of end-of-life smoke detectors (link)

This guidance has been developed by SEPA to provide clarity on the management of end-of-life smoke detectors in Scotland under The Environmental Authorisations (Scotland) Regulations 2018 (EASR) and the Waste Electrical and Electronic Equipment Regulations 2013 (WEEE).

Source: SEPA.

By WCS : 25 Jun 2019

SI 2019/922 The Air Navigation (Dangerous Goods) (Amendment) Regulations 2019

SI 2019/922 The Air Navigation (Dangerous Goods) (Amendment) Regulations 2019 (link)

These Regulations further amend the Air Navigation (Dangerous Goods) Regulations 2002.

The definition of “Technical Instructions” is replaced by a definition referring to the 2019-2020 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, approved and published by decision of the Council of the International Civil Aviation Organisation (ICAO).

The Air Navigation (Dangerous Goods) (Amendment) Regulations 2017 are revoked.

Source: HMSO.

By WCS : 25 Jun 2019

European Union Emissions Trading Scheme for Offshore Installations – Civil Penalties Guidance Document

European Union Emissions Trading Scheme for Offshore Installations – Civil Penalties Guidance Document (link)

This guidance document is designed to set out how BEIS OPRED applies the civil penalties regime under the 2012 Regulations; how it makes enforcement decisions, the types of enforcement tools available to it, and the processes followed by it. 

Source: BEIS.

By WCS : 24 Jun 2019

SI 2019/791 The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/791 The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of , paragraph 7(2) of Schedule 4 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) of the Withdrawal Act) arising from the withdrawal of the UK from the European Union

These Regulations make amendments to legislation in the field of medical devices.

Source: HMSO.

By WCS : 24 Jun 2019

MGN 472 (M) Amendment 1 Maritime Labour Convention, 2006; Guidance on the procedure for applying for a Substantial Equivalence

MGN 472 (M) Amendment 1 Maritime Labour Convention, 2006; Guidance on the procedure for applying for a Substantial Equivalence (link)

The purpose of this note is to outline the procedure for applying for a substantial equivalence on UK flagged vessels which are subject to the Maritime Labour Convention, 2006 (MLC).

Source: MCA.

By WCS : 24 Jun 2019

SI 2019/989 The Export Control (Amendment) Order 2019

SI 2019/989 The Export Control (Amendment) Order 2019 (link)

This Order amends the Export Control Order 2008.

Article 2(2) replaces references in the 2008 Order to Council Regulation (EC) No 1236/2005, which concerned trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment with references to Regulation (EU) 2019/125 of the European Parliament and of the Council, which codifies and replaces that Regulation (OJ L 30, 31.01.2019, p. 1-57). Articles 2(3) and 2(4) amend Articles 36 and 36A of the 2008 Order to ensure that the offences relating to prohibitions and restrictions accurately cross-refer to the relevant provisions of Regulation (EU) 2019/125.

Article 2(5) amends Schedule 2 to the 2008 Order which lists military goods, software and technology subject to export controls. The content of the UK list reflects both domestic controls and an international export regime known as the Wassenaar Arrangement. This regime is given effect to in the European Union through the Common Military List, the most recent updated version of which was adopted by the Council of the European Union on 26th February 2018.

The amendments to Schedule 2 to the 2008 Order implement Commission Directive (EU) 2019/514 of 14th March 2019 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products. Directive 2009/43/EC simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the Annex to that Directive, which corresponds to the CML. The CML was updated in 2018 and the amending Directive makes the necessary changes to the Annex to Directive 2009/43/EC to bring it into line with the updated CML.

Article 2(6) amends Schedule 4 to the 2008 Order to remove Eritrea from the list of countries at Part 2 of Schedule 4 which lists countries and destinations embargoed and subject to transit control for military goods. Article 3 revokes the Export Control (Eritrea and Miscellaneous Amendments) Order 2011 to the extent it made provision for offences to enforce the sanctions measures set out in Council Regulation (EU) No. 667/2010 of 26th July 2010. This is in line with the lifting of sanctions against Eritrea by the United Nations and the European Union.

Source: HMSO.

By WCS : 24 Jun 2019

OGA: Guidance on Disputes over Third Party Access to Upstream Oil and Gas Infrastructure

OGA: Guidance on Disputes over Third Party Access to Upstream Oil and Gas Infrastructure (link)

This guidance sets out the form and manner in which applications relating to disputes over third party access to upstream petroleum infrastructure should be made and the approach that the Oil and Gas Authority is likely to take in considering such disputes, taking into account that each application will be assessed on its facts, case-by-case. The guidance also covers those situations where the OGA considers acting on its own initiative to intervene in such disputes.

Source: OGA.

By WCS : 20 Jun 2019

OGA: Dispute Resolution Guidance

OGA: Dispute Resolution Guidance (link)

The OGA is able to consider formally a range of disputes that occur within the upstream oil & gas industry and try to bring about a collaborative solution that will help to maximise the economic recovery of petroleum that is found in the UK.

Sections 19 to 26 of the Energy Act 2016 (the 'Act') set out the OGA's duties and powers in considering qualifying disputes. This guidance sets out how the OGA will likely handle such disputes referred to it in accordance with those sections.

Source: OGA.

By WCS : 20 Jun 2019

Memorandum of Understanding Between BEIS and UKAS

Memorandum of Understanding Between BEIS and UKAS (link)

This memorandum of understanding explains how BEIS and UKAS will work together to maintain and promote a strong national accreditation service in the UK.

It also establishes the terms under which UKAS may operate in the private sector.

Source: BEIS.

By WCS : 20 Jun 2019

MER UK Asset Integrity Task Group Roadmap

MER UK Asset Integrity Task Group Roadmap (link)

The Asset Integrity Task Group, a subgroup of the MER UK Asset Stewardship Task Force, has developed a new road map which aims to reduce LOC events, planned integrity losses by 20% and unplanned integrity losses by 60% in the UKCS.

The task group was formed in 2017 with the aim of driving improvements in Asset Integrity across all UKCS facilities, through reducing hydrocarbon losses and thereby extending the life of the UKCS.

The group's priority is promoting cross industry collaboration, bringing together industry experts and specialists from operators, contracting companies and other major stakeholders including the Oil & Gas Authority, the Oil & Gas Technology Centre, Oil & Gas UK and Step Change in Safety.

Source: OGA.

By WCS : 18 Jun 2019

OGA - Enquiry Guidance

OGA - Enquiry Guidance (link)

This guidance sets out the process the OGA will normally adopt when carrying out an Enquiry. This guidance also includes the process for handling disputes where the OGA decides to intervene on its own initiative under its Third Party Access and Non-Binding Dispute Resolution powers.

Source: OGA.

By WCS : 14 Jun 2019

Update on SEPA Charging Scheme Consultation(s) - Objective

Update on SEPA Charging Scheme Consultation(s) - Objective (link)

This guidance aims to provide information regarding planned changes to the charging scheme.

Source: SEPA.

By WCS : 14 Jun 2019

PON 9 (Petroleum Operations Notice 9) - Information and Sample requirements for holders of Offshore UKCS Exploration and Production licences

PON 9 (Petroleum Operations Notice 9) - Information and Sample requirements for holders of Offshore UKCS Exploration and Production licences (link)

The purpose of Petroleum Operations Notice (PON) 9 is to set out the OGA's specific requirements and Licensees' obligations with respect to the retention and reporting of information and physical samples, as set out in the Petroleum Act 1998 (the Petroleum Act) and the relevant model clauses (the model clauses) contained in the seaward petroleum licences granted thereunder.

It also describes how the OGA will disclose (i.e. publish or release) licence information under the terms of the model clauses.

Source: OGA.

By WCS : 06 Jun 2019

Open consultation: Consultation on MSN 1870 (M+F) personal protective equipment regulations 1999

Open consultation: Consultation on MSN 1870 (M+F) personal protective equipment regulations 1999

This consultation is being held to seek views on updating the personal protective equipment (PPE) standards within the MSN, to the current British standards and the EU Commissions harmonized standards.

This consultation closes on 19 July 2019. Details can be viewed here.

Source: MCA.

By WCS : 05 Jun 2019

Consultation outcome: 31st Seaward Licensing Round Appropriate Assessment

Consultation outcome: 31st Seaward Licensing Round Appropriate Assessment

A consultation was held regarding the 31st Seaward Licensing Round Appropriate Assessment.

The final Appropriate Assessments (AA) of blocks applied for in the 31st Seaward Licensing Round have been issued.

The AAs were revised as appropriate in light of comments received during the public consultation which ended on the 21st March 2019. Further assessment will be made as necessary at the project specific level.

This consultation is now closed. Full details are available here.

Source: BEIS.

By WCS : 05 Jun 2019

UK REACH guidance if there is no Brexit deal

UK REACH guidance if there is no Brexit deal (link)

This Defra guidance aims to assist businesses regarding REACH in the event of a no-deal Brexit.

Source: Defra.

By WCS : 03 Jun 2019

Consultation outcome - Marine Conservation Zones: third tranche of designations

Consultation outcome - Marine Conservation Zones: third tranche of designations

The Department for Environment, Food & Rural Affairs (Defra) conducted a consultation on a third tranche of Marine Conservation Zones (MCZs).

This consultation has now concluded. Full details can be found here. Details of 41 new MCZs can be found here.

Source: Defra.

By WCS : 31 May 2019

Radio Navigation Warnings - Contact Update

Radio Navigation Warnings - Contact Update

The UK Hydrographic Office (UKHO) has updated its email contact details for issuing radio navagation warnings relating to in-field activities. The contact email address is now as below.

navwarnings@ukho.gov.uk 

Source: UKHO.

By WCS : 28 May 2019

Pipelines Safety Regulations - Methanol Pipelines

Pipelines Safety Regulations - Methanol Pipelines

Further to the HSE's letter to industry earlier this year regarding methanol pipelines, operators are reminded that responses to the HSE are required by 31st May 2019.

These responses relate to time-bound action plans for measures to be taken in relation to compliance of ESDVs and MAPDs, or to the submission of an exemption request.

Source: HSE.

By WCS : 28 May 2019

SI 2019/940 The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

SI 2019/940 The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 (link)

These Regulations provide for the implementation of the provisions of Annex VI of the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 1997 as they relate to the requirements for ships to be issued with an international energy efficiency certificate (“IEE Certificate”) and a statement of compliance relating to fuel oil consumption (“Statement of Compliance”).

The Regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 to impose a requirement for ships of more than 400 gross tonnage to be issued with an IEE Certificate. The regulations also require ships of more than 5,000 gross tonnage to be issued with a Statement of Compliance. The Statement of Compliance must be carried on board the ship and failure to carry the relevant certificate is a criminal offence.

The Regulations also make consequential amendment to the Merchant Shipping (Port State Control) Regulations 2011 and the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).

The International Convention for the Prevention of Pollution from Ships 1973 and the Protocols of 1978 and 1997 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and are available on the Foreign and Commonwealth Office (FCO) treaties database (http://treaties.fco.gov.uk/treaties/treaty.htm). The text of the Resolutions amending the Convention and Protocols may be obtained from the IMO or found on the FCO treaties database (http://treaties.fco.gov.uk/treaties/treaty.htm).

Source: HMSO.

By WCS : 27 May 2019

SI 2019/952 The Wireless Telegraphy (Register) (Amendment) Regulations 2019

SI 2019/952 The Wireless Telegraphy (Register) (Amendment) Regulations 2019 (link)

These Regulations amend the Wireless Telegraphy (Register) Regulations 2012 (S.I. 2012/2186, amended by S.I. 2013/640, S.I. 2015/1400 and S.I. 2018/90), which require the Office of Communications (“OFCOM”) to establish and maintain a public register of relevant information relating to certain classes of wireless telegraphy licences and grants of recognised spectrum access.

These Regulations add licences in respect of wireless telegraphy stations operating within certain frequency bands.

Source: HMSO.

By WCS : 27 May 2019

SSI 2019/170 The Scottish Crown Estate Act 2019 (Commencement No. 1) Regulations 2019

SSI 2019/170 The Scottish Crown Estate Act 2019 (Commencement No. 1) Regulations 2019 (link)

These Regulations bring into force on 1 June 2019 sections 2 (meaning of "Scottish Crown Estate", "asset" and "manager"), 22 (strategic management plan), 23 (review of strategic plan), 37 (power of Ministerial direction), 38 (Ministerial guidance), 40 (provision of information or advice to the Scottish Ministers) and 41 (research and other activities) of the Scottish Crown Estate Act 2019.

Source: HMSO.

By WCS : 27 May 2019

SSI 2019/175 The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019

SSI 2019/175 The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018.

Regulation 3 makes minor corrections to the Special Waste Regulations 1996.

Regulation 4 makes minor corrections to the End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003.

Regulation 8 makes minor corrections to the Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.

Source: HMSO.

By WCS : 27 May 2019

SSI 2019/178 The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/178 The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

These Regulations amend the Environmental Assessment (Scotland) Act 2005. The provisions in Part 2 update references in the Act, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and come into force on 30 June 2019. The provisions in Part 3 are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2, and paragraph 21 of schedule 7, of the European Union (Withdrawal) Act 2018 and come into force on ‘exit day’ (as defined in that Act). The provisions in Part 3 address deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 27 May 2019

OGA - Sanction Procedure - Update

OGA - Sanction Procedure - Update (link)

The Oil and Gas Authority (OGA) has updated its procedure relating to its powers and use of sanctions persuant to the Energy Act 2016.

Source: OGA.

By WCS : 27 May 2019

SI 2019/758 The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/758 The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of chemicals, amending in particular Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency. They also make minor amendments to legislation relating to the Disposal of Polychlorinated Biphenyls and other Dangerous Substances, and the rules of the First-tier Tribunal’s General Regulatory Chamber.

Source: HMSO.

By WCS : 27 May 2019

SI 2019/121 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2019

SI 2019/121 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2019 (link)

These Regulations amend the Carbon Accounting Scheme (Scotland) Regulations 2010. The 2010 Regulations make provision about carbon units and carbon accounting for the purposes of Part 1 of the Climate Change (Scotland) Act 2009.

Regulation 2(2) inserts a provision into the 2010 Regulations to provide a method for determining whether an amount of carbon units is to be credited to or debited from the net Scottish emissions account for 2017. The "net Scottish emissions account" has the meaning given by section 13 of the 2009 Act. Regulation 2(3) inserts a provision into the 2010 Regulations to set out the information to be included for 2017 in the register of transactions maintained by the Scottish Ministers.

Source: HMSO.

By WCS : 27 May 2019

Guidance Notes for Preparing Oil Pollution Emergency Plans - Update

Guidance Notes for Preparing Oil Pollution Emergency Plans - Update (link)

This guidance document has been revised and reissued  to clarify the BEIS' position, to account for the Competent Authority Portal and change in circumstances following OSD implementation.

The changes are shown in a marked up version of the guidance here.

Source: BEIS/OPRED Offshore Inspectorate.

By WCS : 17 May 2019

MSN 1810 (M+F) Radio Communications: SOLAS & non-SOLAS Vessels

MSN 1810 (M+F) Radio Communications: SOLAS & non-SOLAS Vessels (link)

This updated Notice specifies the changes in requirements for ships subject to SOLAS Chapter IV concerning radiocommunications which came into force on 1 July 2002 and Resolution MSC.152(78) which came into force 1 July 2006. It also applies to non-SOLAS vessels where the carriage of an EPIRB is mandatory.

These guidelines establish standardised procedures and minimum levels of service for the testing and maintenance of satellite EPIRBs to ensure maximum reliability whilst minimising the risk of false distress alerting, including the adoption of Resolution MSC.152(78) in regard to SOLAS Chapter IV Regulation 15 – Maintenance requirements.They further advise that all two-way communication equipment carried on board a ship which is capable of automatically including the ship's position in the distress alert shall be automatically provided with this information from an internal or external navigation receiver, if either is installed.

Source: MCA.

By WCS : 16 May 2019

Environmental permitting charges guidance 2019

Environmental permitting charges guidance 2019 (link)

This document describes how the Environment Agency charges for activities that need an environmental permit and the charges you must pay.

Source: EA.

By WCS : 14 May 2019

The Environment Agency (EU Emissions Trading) (England) Charging Scheme 2019

The Environment Agency (EU Emissions Trading) (England) Charging Scheme 2019 (link)

This detailed legal document is the Environment Agency’s charging scheme for the EU ETS. It covers charges for installation and aircraft operators, registry users and for applications in respect of the Kyoto Protocol project activities (Joint Implementation and Clean Development Mechanism).

Source: EA.

By WCS : 14 May 2019

The Environment Agency (Waste – Miscellaneous) (England) Charging Scheme 2019

The Environment Agency (Waste – Miscellaneous) (England) Charging Scheme 2019 (link)

This charging scheme covers:

- Waste electrical and electronic equipment
- Waste batteries and accumulators
- Waste carriers, brokers and dealers
- International waste shipments
- Transfrontier shipment of radioactive waste and spent fuel

Source: EA.

By WCS : 14 May 2019

Meeting climate change requirements if there’s no Brexit deal

Meeting climate change requirements if there’s no Brexit deal (link)

This notice aims to support the contingency planning for a no deal scenario of UK operators of installations (for example, power stations and oil refineries) and UK-administered aircraft operators that currently participate in the EU Emissions Trading System (ETS), and other organisations and individuals with accounts within the UK section of the Consolidated System of European Registries which also includes the UK’s Kyoto Protocol National Registry.

It clarifies the implications of the UK leaving the EU on the licensing regime for the geological storage of carbon dioxide; whilst this is not a direct component of the EU ETS, the licensing regime for the geological storage of carbon dioxide partly relies on EU ETS legislation.

It also outlines the impact on energy-using products that fall under the ecodesign directive and/or energy labelling regulations.

Source: BEIS.

By WCS : 14 May 2019

Environmental Alert 001/2019 – HFC Availability Reduction

Environmental Alert 001/2019 – HFC Availability Reduction (link)

The use of F-gas with a global warming potential of 2,500 or more to service or maintain refrigeration equipment, with a charge size of 40 tonnes carbon dioxide equivalent or more, shall be prohibited except, until 1 January 2030, where;

- The F-gas is reclaimed and is labelled accordingly;

- Reclaimed F-gas is being used for the maintenance or servicing of existing refrigeration equipmen, (provided it has been recovered from such equipment). Such recycled F-gas may only be used by the service company which carried out its recovery as part of maintenance and servicing, or the operator for which the recovery was carried out as part of maintenance and servicing.

The above ban will not apply to fire protection systems or air conditioning and heat pump systems.

Furthermore, from 1 January 2020, Extruded polystyrene (XPS) foam equipment that contain HFCs with a global warming potential of 150 or more are banned except where required to meet national safety standards.

Source: BEIS OPRED.

By WCS : 13 May 2019

Environment Agency Scheme of Abstraction Charges 2019/20

Environment Agency Scheme of Abstraction Charges 2019/20 (link)

This Scheme of Abstraction Charges is made by the Environment Agency by virtue of the powers vested in it under sections 41-41C of the Environment Act 1995 and in accordance with section 42 of that Act.The Scheme relates to charging periods commencing on or after 1 April 2019.

Source: EA.

By WCS : 13 May 2019

SI 2019/916 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019

SI 2019/916 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 in order 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.

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 related to the continuation of the monitoring, reporting, accreditation and verification obligations of the EU Emissions Trading Scheme (EU ETS) in a no deal scenario. These Regulations address further deficiencies to the functioning of those obligations as a result of the coming into force of Article 76 of Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions and Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers.

Source: HMSO.

By WCS : 13 May 2019

Accumulating radioactive waste that you cannot transfer because of EU Exit

Accumulating radioactive waste that you cannot transfer because of EU Exit (link)

The Environment Agency has brought out an EU Exit regulatory position statement (EU Exit RPS) regarding the accumulation of radioactive waste that cannot be transferred because of the UK's exit from the EU. The statement details what you should do with both sealed and unsealed radioactive materials as well as how to comply when the EU Exit RPS is not in operation. Waste accumulation exemptions are also listed.

This RPS applies until 30 September 2019.

Source: EA.

By WCS : 13 May 2019

Exceeding permit limits when you obtain additional radioactive materials

Exceeding permit limits when you obtain additional radioactive materials (link)

The Environment Agency has brought out an EU Exit regulatory position statement (EU Exit RPS) regarding exceeding permit limits for radioactive materials. The statement details what you should do with both sealed and unsealed radioactive materials as well as how to comply when the EU Exit RPS is not in operation.

This RPS applies until 30 September 2019.

Source: EA.

By WCS : 13 May 2019

SI 2019/893 The Marine Licensing (Exempted Activities) (Amendment) Order 2019

SI 2019/893 The Marine Licensing (Exempted Activities) (Amendment) Order 2019 (link)

This Order amends the Marine Licensing (Exempted Activities) Order 2011. The 2011 Order specifies licensable marine activities in respect of which a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is not required, whether subject to conditions or otherwise.

Source: HMSO.

By WCS : 08 May 2019

Mercury Regulations 2018 - Deadline for reporting is 31st May 2019

Mercury Regulations 2018 - Deadline for reporting is 31st May 2019 (link)

BEIS have recently revised the guidance document for the Offshore Industry on EU Regulation 852/2017 banning the import into the EU and the export from the EU of mercury, mercury compounds, mixtures of mercury and mercury added products and the requirements for the usage and storage of mercury, mercury compounds and mixtures of mercury.

On the 2nd of May, BEIS wrote to all operators to draw their attention to the above guidance document and to request that they take action where applicable.

One of the regulatory requirements under EU Regulation 852/2017 requires operators, by 31 May each year, to provide a report with the following information;

- Total amount of mercury waste stored;

- Total amount of mercury waste sent to individual facilities undertaking the temporary storage, the conversion, or the permanent storage of mercury waste (including location and contact details of the facility);

- The total quantity, in kilograms, of any mercury that is sent to individual storage / disposal facilities from each individual installation, during the previous calendar year (including the location and contact details of these facilities); and,

- A copy of the certificate/s provided by the operator of each facility undertaking the temporary storage, the conversion, or the permanent storage of mercury waste.

The recently revised guidance document, which includes the reporting form (Appendix A) and e-mail address to which the reporting form should be sent, can be viewed here.

BEIS has stated that if no report is provided by 31 May they will assume a zero return as no mercury waste has been stored or sent for storage or conversion from your offshore installation(s). Please note that failure to provide information where mercury waste has been stored or sent for storage or conversion may be considered an offence.

A word copy of the reporting form Appendix A attached to the email sent out by BEIS is available here (direct download).

Source: BEIS.

By WCS : 03 May 2019

MIN 591 (M) Notification of Assessment Requirement for Some UK Certificate of Competency Holders

MIN 591 (M) Notification of Assessment Requirement for Some UK Certificate of Competency Holders (link)

This MIN alerts some seafarers to the requirement for them to undertake an online assessment for the STCW short courses they completed towards the issue of a UK Certificate of Competency (CoC).

Source: MCA.

By WCS : 03 May 2019

MIN 590 (M+F) Amendment 2 United Kingdom conformity assessment procedures for marine equipment - United Kingdom's Withdrawal from the European Union

MIN 590 (M+F) Amendment 2 United Kingdom conformity assessment procedures for marine equipment - United Kingdom's Withdrawal from the European Union (link)

This Information Note explains the United Kingdom’s procedures for conformity assessment and acceptance of marine equipment for UK ships in the event that the UK Withdraws from the European Union without a deal on exit day (31 October 2019).

This Amendment has been issued in light of the UK Government bringing forward Regulations to re-define ‘exit day’ in the Withdrawal Act 2018. This changes exit day from the 12 April to 31 October 2019 in a ‘no-deal’ scenario and therefore defers the entry into force of the UK’s conformity assessment procedures to 31 October 2019.

Source: MCA.

By WCS : 03 May 2019

MGN 487 (M) Amendment 1 Maritime Labour Convention, 2006: On-shore Complaints

MGN 487 (M) Amendment 1 Maritime Labour Convention, 2006: On-shore Complaints (link)

This note provides guidance to owners, operators and seafarers on the UK provisions on the MCA’s handling of complaints made to the MCA relating to the Maritime Labour Convention, 2006 (MLC).

Regulation 13 of the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. 2013/1785) makes provision for seafarers on UK ships to raise a complaint relating to the MLC with the MCA. 

However, any seafarer on any ship in a UK port may complain to an MCA surveyor and the MCA will handle that complaint in the manner set out in this note.

Source: MCA.

By WCS : 03 May 2019

Consultation Outcome: Consultation on implementing the 2016 amendments to the maritime labour convention into UK law

Consultation Outcome: Consultation on implementing the 2016 amendments to the maritime labour convention into UK law

The Maritime and Coastguard Agency held a consultation regarding the implementation of the mandatory provisions of the 2016 amendments to the Maritime Labour Convention 2006 (MLC) into UK law, to allow a maritime labour certificate of compliance to be endorsed for a period not exceeding 5 months after its expiry date, if a ship has successfully completed a MLC renewal inspection.

This consultation closed on 27th March 2019. Details of the outcome can be viewed here.

Source: MCA.

By WCS : 02 May 2019

Consultation Outcome: Environment Agency charge proposals from April 2019

Consultation Outcome: Environment Agency charge proposals from April 2019

The Environment Agency (EA) held a consultation seeking views regarding charge proposals that started in April 2019.

The proposals followed various changes implemented in April 2018 as a result of the EA's Strategic Review of Charges (SRoC) programme.

These further changes were designed to:

- add clarity to existing charging schemes

- accommodate changes in costs of regulation

- make new charging scheme changes that were not included in the SRoC

The proposals cover:

- Environment Permitting Regulations (EPR) including closed landfill, Radioactive Substance Regulations, and other EPR changes

- The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

- Water abstraction - Dee and Wye standard charge only

- EU Emissions Trading Scheme

- Producer responsibility

- Waste Electrical and Electronic Equipment Compliance Scheme

This consultation closed on 1 February 2019. Details of the outcome can be viewed here.

Source: EA.

By WCS : 02 May 2019

SI 2019/620 The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

SI 2019/620 The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (link)

These Regulations (except Part 2) are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of waste and, in particular, amend legislation relating to waste batteries and accumulators, end of waste criteria, packaging waste, end-of-life vehicle destruction certification, landfill acceptance criteria, the management of waste from extractive industries, and calculation methods for verifying recycling target compliance. Part 3 amends primary legislation, and Part 4 amends and revokes retained direct EU legislation.

Source: HMSO.

By WCS : 29 Apr 2019

SI 2019/653 The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/653 The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of section 8(2)) which apply to this instrument arising from the withdrawal of the UK from the European Union.

Source: HMSO.

By WCS : 29 Apr 2019

SI 2019/630 The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019

SI 2019/630 The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (c) and (d) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations amend the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (S.I. 2015/782) which gave effect to requirements of the International Maritime Organization’s Convention on Standards of Training, Certification and Watchkeeping for Seafarers and implemented, in part, Directive 2012/35/EU (amending Directive 2008/106/EU) on the minimum level of training for seafarers. The effect of the amendments is to enable continued recognition of certificates issued both by EEA States and other states that are a party to the STCW Convention where those states were so recognised before exit day. The amendments create a mechanism for the future recognition of parties to the STCW Convention by the Secretary of State, and a power for the Secretary of State to withdraw recognition in certain circumstances.

Source: HMSO.

By WCS : 29 Apr 2019

SI 2019/716 The Merchant Shipping (Maritime Labour Convention) (Extension of Maritime Labour Certificate) (Amendment) Regulations 2019

SI 2019/716 The Merchant Shipping (Maritime Labour Convention) (Extension of Maritime Labour Certificate) (Amendment) Regulations 2019 (link)

These Regulations amend the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. 2013/1785) to implement the amendments of 2016 to the Maritime Labour Convention 2006 (“the 2016 amendments”), approved at the 105th session of the International Labour Conference (the “ILC”) on 9th June 2016.

Source: HMSO.

By WCS : 29 Apr 2019

SI 2019/703 The Radiation (Emergency Preparedness and Public Information) Regulations 2019

SI 2019/703 The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (link)

These Regulations revoke and supersede the Radiation (Emergency Preparedness and Public Information) Regulations 2001.

The Regulations impose duties on operators of premises in which work with ionising radiation takes place to identify the hazards arising from the work with such radiation which have the potential to cause a radiation emergency. Where such hazards exist, the operator is under a duty to assess the consequences of the radiation emergency, and liaise with the local authority. Both the local authority and the operator must engage in planning against the radiation emergency occurring, test such plans at regular intervals and provide information to the public.

The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ No L13, 17.1.2014, p 1).

Source: HMSO.

By WCS : 29 Apr 2019

MGN 608 (M+F) Radio Survey Service: Authorisation

MGN 608 (M+F) Radio Survey Service: Authorisation (link)

This notice provides guidance on the arrangements for radio surveys on UK vessels and replaces MGN 392(M+F). It has been revised to update regulatory and guidance references.

Source: MCA.

By WCS : 26 Apr 2019

SI 2019/720 The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/720 The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 and the powers conferred by paragraphs 1 and 7 of Schedule 4 and paragraph 21(b) of Schedule 7 to that Act. They make provision under section 8(1) of that Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d), (f) and (g) and section 8(3)(a)) arising from the withdrawal of the United Kingdom from the European Union. The Regulations make provision under paragraph 1 of Schedule 4 to that Act for the charging of fees by public bodies in the United Kingdom in connection with functions conferred on them as a result of amendments made by these Regulations under section 8(1) of that Act; and they make provision under paragraph 7 of Schedule 4 revoking provision for the charging of fees for the exercise of functions which are removed by amendments made under section 8(1).

Source: HMSO.

By WCS : 24 Apr 2019

Consultation outcome Standard rules consultation no 16: changes to rules

Consultation outcome - Standard rules consultation no 16: changes to rules

The Environment Agency (EA) held a consultation seeking views regarding proposed to change standard rules for:

- water discharges

- materials recovery and recycling

- waste electrical and electronic equipment

- storage of electrical insulating oils

- metal recovery/scrap metal

- onshore oil and gas exploration and mining

- clarification on distances from springs, wells or boreholes

This consultation closed on 20 September 2018. Details of the outcome can be viewed here.

Source: EA.

By WCS : 23 Apr 2019

EEMS Helpdesk Arrangements Changes

EEMS Helpdesk Arrangements Changes

The EEMS Helpdesk arrangements are changing.

EEMS Helpdesk will be managed by the main Energy Portal service desk, from 15th April 2019. The contact details are as follows:

 - Email: ukop@ogauthority.co.uk

 - Telephone: 0300 067 1682

Collabro will still accept service requests from 15th April 2019 to the 30th April 2019 and will pass these, if received, to the Energy Portal service desk for resolution. The Collabro EEMS service desk will close on 1st May 2019.

Source: BEIS.

By WCS : 22 Apr 2019

SSI 2019/113 The Conservation (Natural Habitats, and c.) (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/113 The Conservation (Natural Habitats, and c.) (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

These Regulations, which extend to Scotland only, are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order 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.

Part 2 of these Regulations amends the Conservation (Natural Habitats, &c.) Regulations 1994. The 1994 Regulations deliver the protected areas and species requirements of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna and the protected areas requirements of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds in Scotland for the terrestrial and inshore areas.

The 1994 Regulations are retained EU law and the amendments in Part 2 adjust the operation of the 1994 Regulations after exit day.

Parts 3 and 4 of these Regulations update references in the Conservation of Salmon (Scotland) Regulations 2016 and in the Tweed Regulation (Salmon Conservation) (No. 2) Order 2016 to take account of the operation of the 1994 Regulations after exit day.

Source: HMSO.

By WCS : 22 Apr 2019

Open Consultation: CD287 - Carcinogens and Mutagens – Revision of limit values in EH40/2005 “Workplace Exposure Limits”

Open Consultation: CD287 - Carcinogens and Mutagens – Revision of limit values in EH40/2005 “Workplace Exposure Limits” (link)

This Consultation relates to the implementation of Directive 2017/2398 which amends Directive 2004/37/EC and introduces 11 new occupational exposure limits values (OELVs) and amends 2 existing OELVs for substances to help protect workers from the ill-health effects of exposure to carcinogens and mutagens in the workplace.

The Health and Safety Executive (HSE) consults stakeholders to seek their views on its proposals. It believes that public consultation provides an open and transparent approach to its decision-making. Following consultation HSE will make a recommendation to the Secretary of State on the best way forward.

The Consultation sets out the HSE’s proposals, subject to the ongoing negotiations on our relationship with the EU.

Responses must be received by 7 June 2019.

Source: HSE.

By WCS : 18 Apr 2019

Open Consultation: Radiation (Emergency Preparedness and Public Information) Regulations 2019 - Consultation on proposed Approved Code of Practice

Open Consultation: Radiation (Emergency Preparedness and Public Information) Regulations 2019 - Consultation on proposed Approved Code of Practice (link)

The Health and Safety Executive (HSE) is consulting on proposed Approved Code of Practice (ACOP) that will support duty holder compliance with the new Radiation (Emergency Preparedness and Public Information) Regulations 2019 (REPPIR).

REPPIR is being repealed and replaced as part of transposing the emergency preparedness and response requirements of the Basic Safety Standards Directive 2013 made under the Euratom Treaty. REPPIR 2019 is being made under the Health and Safety at Work etc. Act 1974, and is expected to come into force 22 May 2019.

This consultation is being managed by the Office of Nuclear Regulation (ONR) on behalf of HSE. The consultation document and more information, including how to respond, can be found on the ONR website.

The consultation runs for 8 weeks, from 10 April 2019 to 05 June 2019.

Source: HSE.

By WCS : 18 Apr 2019

Regulatory Note – UK Conformity Assessed (UKCA) CE Marking and Brexit

Regulatory Note – UK Conformity Assessed (UKCA) CE Marking and Brexit (link)

This regulatory note produced by Weston outlines how product conformity will operate in the context of the UK's exit fron the EU.

Source: Weston.

By WCS : 17 Apr 2019

Extended Well Tests (EWTs) - Guidance for Licensees

Extended Well Tests (EWTs) - Guidance for Licensees (link)

This guidance is intended for licensees planning Extended Wells Tests (EWTs). The guidance covers the following:

- An overview of the OGA's objectives and considerations relevant to EWTs

- The process leading to the consent to an EWT.

This document provides guidance as to the OGA's approach to consenting to EWTs. It does not have binding legal effect. If the OGA departs from this guidance it will explain why.

This guidance is not a substitute for any regulation or law and is not legal advice.

The guidance will be kept under review and amended as appropriate in the light of further experience and developing law and practice, and any changes to the OGA's powers and responsibilities. If the OGA changes its guidance in a material way, it will publish a revised document.

Source: OGA.

By WCS : 05 Apr 2019

Shipping radioactive sources between the UK and EU after a no deal Brexit

Shipping radioactive sources between the UK and EU after a no deal Brexit (link)

This document provides guidance on requirements placed upon operators to ship radioactive sources between the UK and EU in the event of a no deal Brexit.

Source: BEIS.

By WCS : 05 Apr 2019

2019/522 of 27 March 2019 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014

2019/522 of 27 March 2019 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014 (link)

This regulation amends EU Regulation 1191/2014 as regards the reporting of data on production and on imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) No 517/2014.

Source: EC.

By WCS : 05 Apr 2019

SI 2019/559 The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

SI 2019/559 The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g) of the 2018 Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulations 2 to 7 make minor amendments to provisions of other Regulations made under section 8(1) of the 2018 Act, relating to wildlife and environmental protection.

Source: HMSO.

By WCS : 05 Apr 2019

SI 2019/644 The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019

SI 2019/644 The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019 (link)

Directive 2003/87/EC of the European Parliament and of the Council establishing a system for greenhouse gas emissions allowances trading within the Union is implemented in the United Kingdom by the Greenhouse Gas Emissions Trading Scheme Regulations 2012.

Regulation 2(2) and (3) amends the interpretation provisions in the 2012 Regulations.

Regulation 2(4) amends regulation 42A(2) of the 2012 Regulations, changing the deadline for aircraft operators to surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year. The surrender deadline is changed to 10.59 pm on 29th March 2019 and is further moved, either to immediately before the UK's exit from the EU or to 30th April 2019 if "exit day" within the meaning of the European Union (Withdrawal) Act 2018 is changed so that it falls, respectively, on a day before 1st May 2019 or on or after 1st May 2019. These deadlines also apply if, before the new surrender deadline, "exit day" is subsequently changed again.

Regulation 2(5) amends regulation 54(7)(b) of the 2012 Regulations, changing the date from which a penalty is payable for the 2018 scheme year where an aircraft operator or installation has annual reportable emissions which are not included in the verified emissions report and where there is a failure to surrender sufficient allowances in relation to those unreported emissions. In such cases, the date is changed to reflect the changes to the surrender deadline (including any further changes made prior to the new surrender deadline).

In the case of installations, the relevant surrender requirements are set out as conditions of the permit. Regulation 2(6) amends Schedule 4 to the 2012 Regulations to change the date when operators of installations are required to surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year to reflect the changes to the surrender deadline (including any further changes made prior to the new surrender deadline).

Source: HMSO.

By WCS : 05 Apr 2019

Requirements for the planning of and consent to UKCS Field Developments - Update

Requirements for the planning of and consent to UKCS Field Developments - Update (link)

This guidance regarding FDP plannng and consenting process has been updated. Changes have been made to the section on  extended well tests.

Source: OGA.

By WCS : 03 Apr 2019

Guidance Document: The Offshore Environmental Civil Sanctions Regulations 2018

Guidance Document: The Offshore Environmental Civil Sanctions Regulations 2018 (link)

This guidance document is designed to set out how OPRED will apply the civil sanctions regime under the 2018 Regulations; how it makes decisions, and the processes followed by it. These civil penalties are distinct from the civil penalties available under the European Union Emissions Trading Scheme (EU ETS). As OPRED is the regulator for offshore oil and gas installations only, this guidance document is only relevant to offshore oil and gas installations. Further information on offshore oil and gas regulation can be found in OPRED’s Enforcement Policy.

Source: BEIS/OPRED.

By WCS : 29 Mar 2019

SI 2019/590 The International Waste Shipments (Amendment) (EU Exit) Regulations 2019

SI 2019/590 The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in part in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular section 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union. They are also made in part to amend domestic legislation that is out of date.

These Regulations make amendments to legislation in the field of environmental protection and, in particular, amend legislation on international waste shipments. Parts 2 and 3 amend subordinate legislation. Part 4 amends Annex 20 to the EEA agreement so far as that Annex forms part of domestic law. Part 5 amends retained direct EU legislation.

Source: HMSO.

By WCS : 28 Mar 2019

SI 2019/579 The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

SI 2019/579 The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) and section 14(1) of, paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7, to the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a),(b), (c), (d), (f) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of biodiversity protection in relation to England, Wales and offshore waters. Part 2 amends primary legislation and Parts 3, 4 and 5 amend subordinate legislation.

Source: HMSO.

By WCS : 28 Mar 2019

SI 2019/583 The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/583 The Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (b)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of ozone-depleting substances (Part 2) and fluorinated greenhouse gases (Part 3).

Source: HMSO.

By WCS : 28 Mar 2019

SSI 2019/80 The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019

SSI 2019/80 The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (link)

These Regulations are made in exercise of the powers in paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the fields of environmental protection, town and country planning, electricity works, and hazardous substances.

Source: HMSO.

By WCS : 28 Mar 2019

SD-2019/002: Offshore Helicopter Helideck Operations

SD-2019/002: Offshore Helicopter Helideck Operations (link)

This Safety Directive/Operational Directive replaces SD 2016/005 and is made in the interests of safety of operations to offshore locations (helidecks) for the reasons set out in Chapters 10 and 14 of CAP 1145. Additionally, it is made in further response to the Air Accidents Investigation Branch (AAIB) Safety Recommendation (SR) 2011-053 issued following the accident to Eurocopter EC225 LP Super Puma, G-REDU, when approaching the ETAP Central Production Facility platform on 18 February 2009. This SD incorporates updated references to CAP 437 and minor textual edits.

Source: CAA.

By WCS : 28 Mar 2019

RIDDOR Forms - Update

RIDDOR Forms - Update (link)

HSE's suite of Riddor forms is being refreshed, and is moving to a new platform. Reporting requirements remain unchanged.

A feature of the new forms is that once a report has been submitted to the RIDDOR database an email copy will no longer be automatically sent by the system to the notifier email address.

For full details of RIDDOR requirements please see the linked page above.

Source: HSE.

By WCS : 26 Mar 2019

SI 2019/598 The Carriage of Dangerous Goods (Amendment) Regulations 2019

SI 2019/598 The Carriage of Dangerous Goods (Amendment) Regulations 2019 (link)

These Regulations amend regulation 3 of the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 in order to update the reference to Council Directive 96/29/Euratom laying down basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation to Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive), which consolidated it.

These Regulations also amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 in order to implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

Source: HMSO.

By WCS : 21 Mar 2019

MIN 590 (M+F) United Kingdom conformity assessment procedures for marine equipment - United Kingdom's Withdrawal from the European Union

MIN 590 (M+F) United Kingdom conformity assessment procedures for marine equipment - United Kingdom's Withdrawal from the European Union (link)

This Information Note explains the United Kingdom's procedures for conformity assessment and acceptance of marine equipment for UK ships in the event that the UK Withdraws from the European Union without a deal on exit day (29 March 2019).

Source: MCA.

By WCS : 21 Mar 2019

SI 2019/571 The Shipments of Radioactive Substances (EU Exit) Regulations 2019

SI 2019/571 The Shipments of Radioactive Substances (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c) of the EUWA) arising from the withdrawal of the United Kingdom from the European Union. The Regulations extend to the whole of the United Kingdom.

These Regulations revoke Council Regulation (Euratom) 1493/93 as retained in UK law by section 3 of the EUWA. That Regulation made provision for an intra-community framework requiring holders of sealed sources to obtain prior written declarations from consignees before shipping sealed sources from one Member State to another. The prior written declarations confirmed a consignee's compliance with national requirements relating to the safe storage, use or disposal of the sealed source to be shipped.

Source: HMSO.

By WCS : 21 Mar 2019

SI 2019/539 The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019

SI 2019/539 The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (d), (f) and (g) of section 8(2) of the 2018 Act) arising from the withdrawal of the UK from the European Union, and under section 2(2) of the European Communities Act 1972.

These Regulations make amendments to legislation in the field of ecodesign and energy labelling for energy-related products. Schedule 1 amends the Ecodesign for Energy-Related Products Regulations 2010, including conferring a power for the Secretary of State to set ecodesign requirements in paragraph 12; Schedule 2 amends product-specific ecodesign-related regulations; Schedule 3 amends the Energy Information Regulations 2011; Schedule 4 amends Regulation (EU) 2017/1369 setting a framework for energy labelling including conferring a power for the Secretary of State to introduce and rescale energy labels in paragraph 11; and Schedule 5 amends product-specific energy labelling-related regulations.

Source: HMSO.

By WCS : 21 Mar 2019

SI 2019/544 The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019

SI 2019/544 The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d), (f) and (g) of section 8(2) of the 2018 Act) arising from the withdrawal of the UK from the European Union. Part 3 of these Regulations is made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and makes other minor corrections (which come into force before exit day).

Parts 2 and 3 of these Regulations make amendments to secondary legislation in the field of environmental protection and, in particular, amend legislation relating to the geological storage of carbon dioxide. Part 4 of the Regulations gives the Secretary of State the power to modify technical requirements applicable to storage sites regulated by the Oil and Gas Authority.

Source: HMSO.

By WCS : 21 Mar 2019

OPSD1 – 2019 – Platform Lifts (vertical lifting platforms or lifts for people with impaired mobility). Risk of falls from height to employees/workers and members of the public.–

OPSD1 – 2019 – Platform Lifts (link)

Platform lifts (vertical lifting platforms), like traditional passenger lifts, provide access between floors. Platform lifts are hydraulically, or electrically powered. Usually, they operate over two to three floors. They typically rely on hold to run operation and operate at slower speeds than conventional passenger lifts.

HSE is aware of a number of incidents involving tampering with safety devices or inappropriate maintenance of door switches or unlocking zone bypass switches during maintenance. Combined with deterioration of the doors and their hinges, landing doors have opened when the platform/lift car is not at that landing. This resulted in people potentially accessing the lift well when the lifting platform was not at the same floor level/landing. This has resulted in members of the public or workers falling down the open lift well or becoming trapped beneath a descending platform.

Source: HSE.

By WCS : 21 Mar 2019

PIPELINES SAFETY REGULATIONS 1996 (PSR): APPLICATION TO METHANOL PIPELINES

PIPELINES SAFETY REGULATIONS 1996 (PSR): APPLICATION TO METHANOL PIPELINES (link)

This letter from the HSE was sent to industry advising regarding changes to the application of the Pipeline Safety Regulations 1996 to certain methanol pipelines.

Source: HSE.

By WCS : 19 Mar 2019

Memorandum of understanding between BEIS and UKAS

Memorandum of understanding between BEIS and UKAS (link)

This memorandum of understanding explains how the Department for Business, Energy and Industrial Strategy (BEIS) and the UK Accreditation Service (UKAS) will work together to maintain and promote a strong national accreditation service in the UK.

It also establishes the terms under which UKAS may operate in the private sector.

Source: BEIS.

By WCS : 15 Mar 2019

SI 2019/492 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019

SI 2019/492 The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2019 (link)

These Regulations implement Directive (EU) 2017/2102 of the European Parliament and of the Council, which amends Directive 2011/65/EU (recast). The 2011 Directive seeks to reduce the risks posed by hazardous substances to health and the environment by imposing harmonised restrictions. The 2011 Directive was implemented in the United Kingdom by the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012, as amended. These Regulations amend the 2012 Regulations.

Regulation 3 inserts a definition of the “2002 Directive” which is used in the amendments to paragraphs 22 and 23 of Schedule 1 to the 2012 Regulations, inserted by regulation 6(3). Regulation 6(3)(b)(i)(bb) and (ii) makes consequential amendments to paragraph 23. Regulation 3 also updates the definition of “the Directive” in regulation 2 of the 2012 Regulations by substituting a reference to Commission Delegated Directive (EU) 2019/178, which is the most recent amending Directive.

Regulation 5 omits regulation 6 of the 2012 Regulations, consequential on the amendment of paragraph 22 of Schedule 1 to the 2012 Regulations, which is made by regulation 6(3)(a). Regulation 4 makes a consequential amendment, removing a cross-reference to regulation 6 of the 2012 Regulations.

Regulation 6 amends Schedule 1 to the 2012 Regulations so as to amend the scope of those Regulations in respect of the electrical and electronic equipment (“EEE”) covered. Paragraph (2) amends Part 2 (EEE to which the Regulations do not apply) by amending the definition of non-road machinery and adding pipe organs. Paragraph (3) amends Part 3 (categories of EEE with special rules of application) so as to extend the exclusions from scope in relation to secondary market operations, cables and spare parts, including reused spare parts.

Source: HMSO.

By WCS : 13 Mar 2019

SI 2019/528 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019

SI 2019/528 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019 (link)

Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community is implemented in the United Kingdom by the Greenhouse Gas Emissions Trading Scheme Regulations 2012.

Regulation 2(2) amends regulation 42A(2) of the 2012 Regulations, changing the date when aircraft operators must surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year to 26th March 2019.

Regulation 2(3) amends regulation 54(7)(b) of the 2012 Regulations, changing the date from which a penalty is payable for the 2018 scheme year where an aircraft operator or installation has annual reportable emissions which are not included in the verified emissions report and where there is a failure to surrender sufficient allowances in relation to those unreported emissions. In such cases, the date is changed to 26th March 2019.

In the case of installations, the relevant surrender requirements are set out as conditions of the permit. Regulation 2(4) amends Schedule 4 to the 2012 Regulations to change the date when operators of installations are required to surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year to 26th March 2019.

Source: HMSO.

By WCS : 13 Mar 2019

SSI 2019/84 The Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/84 The Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018. Regulation 2 amends the definition of "wild bird" in section 27(1) of the Wildlife and Countryside Act 1981 to address a deficiency arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 13 Mar 2019

SI 2019/509 The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019

SI 2019/509 The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations amend the eligibility rules relating to Part I and Part III of the Register of British Ships, contained within the Merchant Shipping (Registration of Ships) Regulations 1993. The rules relating to Part I are amended by regulation 5, which expands eligibility to Commonwealth citizens, citizens of states listed in a further list (in a new Schedule 6 to the Registration Regulations), and non-United Kingdom citizens who are settled in the United Kingdom. The rules relating to Part III (small ships) are amended by regulation 25 which expands eligibility to non-United Kingdom citizens who are settled in the United Kingdom.

These Regulations provide for a system to suspend the registration of ships as United Kingdom ships, in a new Part 10A of the Registration Regulations. The suspension is begun by the issuance of a certificate of permission, and ends when the ship's registration is restored, or when the entry relating to the ship is removed from the Register. These Regulations provide for the conditions for the issue, renewal, amendment, cancellation and revocation of a certificate of permission, for the restoration of registration and for the removal of the entry from the Register in appropriate cases. Regulation 33 of these Regulations amends the Merchant Shipping (Fees) Regulations 2018 to provide for fees to be charged for this process.

These Regulations also make amendments to the Registration Regulations so that the Registrar can refuse to register sanctioned ships and can terminate the registration of sanctioned ships on receipt of a termination direction from the Secretary of State, in accordance with regulation 77 of the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019.

Source: HMSO.

By WCS : 13 Mar 2019

SI 2019/526 The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019

SI 2019/526 The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (link)

These Regulations make amendments to various legislation within the remit of the Department for Environment, Food and Rural Affairs.

Regulation 2 amends the definition of "environmental licence" in section 56(1) of the Environment Act 1995, as it applies in England and Wales in relation to the Environment Agency and the Natural Resources Body for Wales, to amend a reference to the EU Waste Framework Directive in consequence of amendments to that Directive.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/488 The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019

SI 2019/488 The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies arising (in particular under paragraphs 8(2)(a) and 8(2)(c)) from the withdrawal of the United Kingdom from the European Union.

These Regulations revoke a number of pieces of retained EU legislation in the field of maritime transport market access and regulation.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/470 The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/470 The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

This instrument fixes inoperable provisions contained in the Merchant Shipping (Marine Equipment) Regulations 2016, which implements EU Directive 2014/90 EU. In particular, this instrument establishes a United Kingdom conformity assessment procedure for marine equipment placed or to be placed on board a United Kingdom ship. It provides for the application of international standards for equipment placed on United Kingdom ships and for the enforcement of those standards. This is achieved by requiring marine equipment to comply with the international design, construction and performance standards contained in the International Maritime Organisation International Conventions, and that equipment be approved as such by a United Kingdom approved body. The instrument also provides for the acceptance of marine equipment which has been approved in the EU by an EU Notified Body for marine equipment.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/465 The Construction Products (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/465 The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraphs (a), (b), (c), (f) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union.

These Regulations amend retained EU law in relation to the marketing of construction products.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/439 The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2019

SI 2019/439 The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2019 (link)

These Regulations make provision for calculating and imposing a levy on the holders of petroleum licences in respect of the period beginning on 1st April 2019 and ending on 31st March 2020 ("the relevant charging period"). The levy is payable to meet costs incurred by the Oil and Gas Authority in carrying out its functions as well as costs incurred by the Lord Chancellor in connection with the provision of Tribunals to consider appeals against the decision of the OGA.

These Regulations also make provision to increase certain fees charged in relation to activities carried out by the Secretary of State relating to environmental regulation of the offshore oil and gas industry.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/473 The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019

SI 2019/473 The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (f) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

They provide for functions of making an instrument of a legislative character exercised by EU entities to be exercisable instead by a public authority in the United Kingdom. These functions are in the fields of the environment and wildlife. The provisions are all amendments to retained direct EU legislation except for regulation 9, which concerns a legislative function in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast).

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/458 The Environment (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/458 The Environment (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 12 Mar 2019

SI 2019/446 The Offshore Installations (Safety Zones) Order 2019

SI 2019/446 The Offshore Installations (Safety Zones) Order 2019 (link)

This order establishes 500m safety zones in the Tyne and Guinevere Fields. It makes further provision for zones to come into force in relation to installatons not yet stationed in the Alligin, Cook, Penguins and Brodgar Fields.

Source: HSE.

By WCS : 07 Mar 2019

MIN 588 (M+F) Codes of Practice for Controlling Risks due to Noise and Vibration on Ships

MIN 588 (M+F) Codes of Practice for Controlling Risks due to Noise and Vibration on Ships (link)

This Marine Information Note advises industry on the Codes of Practice for Controlling risks due to noise and vibration on ships produced by the Maritime and Coastguard Agency, and where copies may be obtained.

Source: MCA.

By WCS : 06 Mar 2019

Guidance - Using the UKCA marking if the UK leaves the EU without a deal

Guidance - Using the UKCA marking if the UK leaves the EU without a deal (link)

The UKCA (UK Conformity Assessed) marking is the new UK product marking that will be used, subject to parliamentary approval, for certain goods being placed on the UK market if we leave the EU without a deal.

If the UK leaves the EU without a deal you will still, in the majority of cases, be able to use the CE marking to demonstrate compliance with the legal requirements and to sell products on the UK market after 29 March 2019. However, in some cases you will need to apply the new UKCA marking to products being sold in the UK.

To check whether you will need to use the UKCA marking please read the guidance on trading goods regulated under the 'New Approach' if there's no Brexit deal.

Please note that there is separate guidance for construction products, medical devices and rail interoperability.

Source: BEIS.

By WCS : 06 Mar 2019

ON39 Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995: Guidance on Identification of Offshore Installations - Update

ON39 - Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995: Guidance on Identification of Offshore Installations - Update (link)

The HSE has updated this operations notice, which provides guidance for the clear identification of installations as required by the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995, Regulation 19. It replaces the previous issue dated October 2015.

Source: HSE.

By WCS : 05 Mar 2019

SI 2019/277 The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019

SI 2019/277 The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), (d), (g)) arising from the withdrawal of the United Kingdom from the European Union. They also make further limited consequential provision, pursuant to paragraph 21(b) of Schedule 7 of the Act, in order to restate retained EU law in a clearer way.

Source: HMSO.

By WCS : 04 Mar 2019

Oil Pollution - Interim Guidance

Oil Pollution - Interim Guidance (link)

In 2018 the MCA consulted on changes to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 were made on 28 January 2019 (the 2019 regulations) and come into force on 1 March 2019.

The MCA have published guidance note MGN 603 in relation to the 2019 regulations.

The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED), will issue updated guidance for The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (as amended by the 2019 regulations) in due course. Interim guidance for Installation Operators and Non-Production Installation (NPI) Owners is linked above.

Source: OPRED.

By WCS : 01 Mar 2019

COMPETENT AUTHORITY PORTAL (CAP) - INDUSTRY USER GUIDANCE - ASSET TRANSFER

COMPETENT AUTHORITY PORTAL (CAP) - INDUSTRY USER GUIDANCE - ASSET TRANSFER (link)

This Offshore Safety Directive Regulator (OSDR) documents provides guidance regarding asset transfer using the competent authority portal (CAP).

Source: OSDR.

By WCS : 27 Feb 2019

OSDR - Combined Operations

OSDR - Combined Operations (link)

The Offshore Safety Directive Regulator (OSDR) recently has updated it's guidance on combined operations, with the addition of two documents:

 - Competent Authority Portal (CAP) Industry User Guidance Combined Operation Notifications

 - CON General Specialist and IMT2 Inspection Template.

Source: OSDR.

By WCS : 27 Feb 2019

MIN 538 M Amendment 1 Codes of Practice - Authorisation of Certifying Authorities

MIN 538 M Amendment 1 Codes of Practice - Authorisation of Certifying Authorities (link)

The purpose of this Marine Information Note is to provide the revised contact details of the MCA authorised Certifying Authorities undertaking survey and certification work against the standards of the Small Commercial Vessel Codes of Practice, Police Boat Codes or MGN 280 (M).

Source: MCA.

By WCS : 26 Feb 2019

MGN 417 M F MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System GMDSS

MGN 417 M F MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System GMDSS (link)

Maritime Administrations must ensure that companies offering a GMDSS Shore-Based Maintenance (SBM) service are acceptable in accordance with IMO Resolution A.702 (17). Where the ship owner has opted for radio equipment to be maintained through a Shore-Based Maintenance Agreement, the Maritime and Coastguard Agency (MCA) has agreed with industry a set of requirements that need to be met by a company seeking registration as a SBM provider. These provisions are set out in the annexes to this revised MGN.

Source: MCA.

By WCS : 26 Feb 2019

SSI 2019/64 The Conservation (Natural Habitats, and c.) Amendment (Scotland) Regulations 2019

SSI 2019/64 The Conservation (Natural Habitats, and c.) Amendment (Scotland) Regulations 2019 (link)

These Regulations amend the Conservation (Natural Habitats, &c.) Regulations 1994, which make provision for the transposition of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Regulation 2 amends schedule 2 of the 1994 Regulations to add the Eurasian Beaver (otherwise known as the European Beaver) to the list of European Protected Species of Animals that are given protection under the 1994 Regulations.

Source: HMSO.

By WCS : 26 Feb 2019

SSI 2019/55 The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019

SSI 2019/55 The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018. The Regulations make amendments to legislation relating to the marine environment, marine licensing and environmental impact assessments for marine works. The amendments address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 26 Feb 2019

SI 2019/308 The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019

SI 2019/308 The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation (EC) No 725/2004 provides for the interpretation, implementation and monitoring of the ship and port facility security provisions of the 1974 Convention of the Safety of Life at Sea (SOLAS), including the supplementary International Ship and Port Facility Security Code. The UK is a signatory to the SOLAS Convention.

These Regulations make amendments to the principal Regulation and associated domestic legislation in the field of ship and port security.

Source: HMSO.

By WCS : 26 Feb 2019

SI 2019/311 The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019

SI 2019/311 The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (link)

The provision made by Part 2 of these Regulations is made under section 2(2) of the European Communities Act 1972 in order to update references to Directive 1999/32/EC, which was repealed and replaced (without substantive amendment) by Directive (EU) 2016/802, and update an out-of-date reference to the EEA agreement in the Transport and Works Act 1992.

The remaining Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and 8(2)(g)) arising from the withdrawal of the United Kingdom from the European Union. Part 3 amends primary legislation, Part 4 amends secondary legislation and Part 5 amends retained EU Regulations and Decisions. The amendments are made to legislation governing environmental impact assessments for certain transport purposes and legislation on the sulphur content of marine fuels and prohibited anti-fouling systems.

Source: HMSO.

By WCS : 26 Feb 2019

OGA: Reporting and disclosure of Information and Samples Guidance

OGA: Reporting and disclosure of Information and Samples Guidance (link)

This document provides guidance on the Oil and Gas Authority's (OGA) requirements for the reporting of Information and Samples that are retained by relevant persons under the Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018, and subsequently must be reported to the OGA in accordance with a notice issued under section 34 of the Energy Act 2016 or in accordance with the exercise of other powers under Part 2, Chapter 32 of the Act.

Source: OGA.

By WCS : 21 Feb 2019

MGN 600 (M) Amendment 1 Maritime Labour Convention: Inspection of Coded Vessels

MGN 600 (M) Amendment 1 Maritime Labour Convention: Inspection of Coded Vessels (link)

This updated note contains guidance on the arrangements in place for the inspection of coded vessels for compliance with the Maritime Labour Convention, 2006.

Source: MCA.

By WCS : 21 Feb 2019

Offshore Information Sheet 1/2019 - Considerations for Walk to Work and Multi Operation Vessels – Regulatory Guidance

Offshore Information Sheet 1/2019 - Considerations for Walk to Work and Multi Operation Vessels – Regulatory Guidance (link)

This information sheet provides guidance on compliance with the UK regulations relating to walk to work (W2W) activities in connection with the offshore oil and gas sector. The scope of this document relates solely to W2W activities. Section 1 focuses on W2W activities at installations that are structurally vulnerable to large vessel impact, and section 2 focuses on W2W activities where additional emergency rescue and recovery (ERR) services are being proposed. Section 3 provides a description of the content and management of the safety case.

Source: OSDR.

By WCS : 21 Feb 2019

Combined Operations Notifications - Framework Diagram - Update

Combined Operations Notifications - Framework Diagram - Update (link)

The Offshore Safety Directive Regulator (OSDR) has updated its framework diagram which describes the process by which it will inspect Combined Operations Notifications.

Source: OSDR.

By WCS : 20 Feb 2019

Guidance: Shipping radioactive waste and spent fuel after a no-deal Brexit

Guidance: Shipping radioactive waste and spent fuel after a no-deal Brexit (link)

Applications to import from EU countries will need to include evidence confirming that the exporter will take back the material if the shipment cannot be completed in accordance with the regulations.

Operators will need new UK documentation instead of previously used EU documentation.

Operators will now need to notify the relevant competent authority in the UK once exports to the EU are completed.

Source: BEIS.

By WCS : 18 Feb 2019

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide - UPDATE

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide - UPDATE (link)

This guidance has recently been updated by Department for Business, Energy & Industrial Strategy (BEIS).

The updates include:

 - Changes in the process regarding change of developer in the context of Field Development Plan (FDP) and Environment Statement (ES)

 - Post direction amendment requirement for respuds

 - Requirement for EIA direction for production increases which are below the threshold stated in the ES.

Source: BEIS.

By WCS : 15 Feb 2019

MIN 585 (M) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) – Annex I (Prevention of Pollution by Oil) – Amending Resolutions since 2004

MIN 585 (M) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) – Annex I (Prevention of Pollution by Oil) – Amending Resolutions since 2004 (link)

This MIN provides information on the amendments made to the International Convention on MARPOL Annex I by the IMO Resolutions adopted since 2004.

Source: MCA.

By WCS : 14 Feb 2019

STSU1 – 2019 - Change in Enforcement Expectations for Mild Steel Welding Fume

STSU1 – 2019 - Change in Enforcement Expectations for Mild Steel Welding Fume (link)

This alert provides guidance on exposure to mild steel welding fumes. There is new scientific evidence from the International Agency for Research on Cancer that exposure to mild steel welding fume can cause lung cancer and possibly kidney cancer in humans. The Workplace Health Expert Committee has endorsed the reclassification of mild steel welding fume as a human carcinogen.

Source: HSE.

By WCS : 14 Feb 2019

SI 2019/188 The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

SI 2019/188 The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (link)

These Regulations make amendments to subordinate legislation in the field of waste, and, in particular, amend legislation in relation to end-of-life vehicles, hazardous waste, controlled waste, waste batteries and accumulators, the management of waste from extractive industries, waste electrical and electronic equipment, and packaging waste, Part 2 of these Regulations updates out of date references.

Part 3 of these Regulations is made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to address failures to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 14 Feb 2019

2019/130 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work

2019/130 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (link)

This Directive amends Directive 2004/37/EC of the European Parliament and of the Council which aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace.

The amendments include measures to protect workers from skin exposure to mineral oils, and diesel exhaust emissions.

Source: EC.

By WCS : 14 Feb 2019

SSI 2019/26 The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

SSI 2019/26 The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (link)

 These Regulations are made in exercise of the powers in paragraph 1(1) and (3) of schedule 2, and paragraph 21(b) of schedule 7, of the European Union Withdrawal Act 2018 to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of environmental protection, among other things.

Source: HMSO.

By WCS : 14 Feb 2019

SI 2019/156 The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019

SI 2019/156 The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (EUWA) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c) of the EUWA) arising from the withdrawal of the United Kingdom from the European Union. The Regulations extend to the whole of the United Kingdom.

These Regulations revoke the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (the 2008 Regulations). The 2008 Regulations implemented Council Directive 96/29/Euratom laying down basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation and Council Directive 2006/117/Euratom (the 2006 Directive) on the supervision and control of shipments of radioactive waste and spent fuel. In particular, the 2008 Regulations laid down the process and procedures for authorising the import, export and transit of shipments of radioactive waste and spent fuel into and out of the European Union. In that regard, they drew a distinction between Member States of the European Union and third countries and provided that an authorisation granted at the first point of entry into the European Union was valid throughout all Member States. They also laid down a prohibition on the granting of authorisations for the shipment of radioactive waste unless the purpose of the shipment was for the processing of the waste or its return to the country of origin.

These Regulations largely replicate the key provisions and penalties contained in the 2008 Regulations in the United Kingdom but, in light of the United Kingdom’s withdrawal from the European Union, they abolish the distinction between Member States and third countries. That means that all countries outside the United Kingdom will be treated as third countries and there is no longer any provision for the mutual recognition of authorisations. These Regulations also largely replicate the key procedural provisions contained in the 2006 Directive in order to provide the maximum continuity for operators in this sector. The standard forms referred to in regulation 9 will be prescribed by the Secretary of State outside of this instrument and hosted on the Gov.UK website as well as the websites of the competent authorities.

Source: HMSO.

By WCS : 13 Feb 2019

SI 2019/137 The Export Control (Amendment) (EU Exit) Regulations 2019

SI 2019/137 The Export Control (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 and section 1(5) and 2(5) of the Export Control Act 2002. The powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 are exercised in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraph (a), (c), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of customs and in particular in relation to export and other trade controls on military and dual-use goods (goods which have both a civilian and a military use). Part 2 amends subordinate legislation. The provisions include provisions within secondary legislation which relate to reciprocal arrangements between the UK and the EU or a Member State of the EU and contain EU references which are no longer appropriate. Upon the withdrawal of the United Kingdom from the EU, these reciprocal arrangements will no longer exist.

Source: HMSO.

By WCS : 13 Feb 2019

PON 10 Pro Forma for Reporting Non Compliance with Consent Conditions Under Part 4A of the Energy Act 2008, Including the Failure of Aids to Navigation - Update

PON 10 Pro Forma for Reporting Non Compliance with Consent Conditions Under Part 4A of the Energy Act 2008, Including the Failure of Aids to Navigation - Update (link)

This form has been updated to reflect changes contact details for the UKHO and BEIS.

Source: BEIS.

By WCS : 13 Feb 2019

Open consultation: 31st Seaward Licensing Round Appropriate Assessment

Open consultation: 31st Seaward Licensing Round Appropriate Assessment 

Following the announcement of the 31st Seaward Licensing Round by the Oil and Gas Authority (OGA), an initial screening assessment (including consultation with the statutory agencies/bodies) of the 1,779 Blocks offered was undertaken. The screening identified 525 whole or part Blocks as requiring further assessment (AA) prior to the OGA making a decision on whether to grant licences, should they be applied for.

Following the closing date for 31st Seaward Licensing Round applications, those Blocks identified as requiring further assessment (AA) were reconsidered against the list of actual applications. It was concluded that further assessment (AA) was required for 41 of the Blocks applied for. Due to the wide distribution of these Blocks in the UK Continental Shelf, the AAs are contained in four regional reports.

 - Mid North Sea High

 - Moray Firth

 - Irish Sea

 - English Channel.

This consultation closes on 21 March 2019. Full details can be viewed here.

Source: BEIS.

By WCS : 08 Feb 2019

MGN 603 (M) Requirements for Oil or Oily Mixture Discharges for Offshore Installations Engaged in Oil and Gas Operations on the UK Continental Shelf

MGN 603 (M) Requirements for Oil or Oily Mixture Discharges for Offshore Installations Engaged in Oil and Gas Operations on the UK Continental Shelf (link)

The purpose of this guidance note is to provide further information with respect to the requirements for oil or oily mixture discharges for offshore installations engaged in oil and gas operations on the Continental Shelf.

Source: MCA.

By WCS : 07 Feb 2019

SI 2019/42 The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

SI 2019/42 The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (link)

These Regulations implement Annex I (Regulations for the Prevention of Pollution by Oil) of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (the MARPOL Convention). Annex I first entered into force on 2nd October 1983, and the revised version of the Annex which these Regulations implement entered into force on 1st January 2007. Further amendments have been made to the Annex which are also implemented by these Regulations. As a consequence the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 and other instruments which amend them are revoked, and other legislation is amended (regulation 1(2) and (3) and the Schedule).

Source: HMSO.

By WCS : 07 Feb 2019

SI 2019/74 The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019

SI 2019/74 The Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 2(2) of the European Communities Act 1972 and section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.

These Regulations make amendments to environmental legislation, and in particular amend subordinate legislation in the field of air quality. Part 2 amends the Air Quality Standards Regulations 2010 to transpose provisions of the EU Ambient Air Quality Directive (2008/50/EC) concerning the contribution made by natural sources and winter sanding or salting of roads. Part 3 amends subordinate legislation in order 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.

Source: HMSO.

By WCS : 07 Feb 2019

SI 2019/96 The Control of Mercury (Amendment) (EU Exit) Regulations 2019

SI 2019/96 The Control of Mercury (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Source: HMSO.

By WCS : 31 Jan 2019

MGN 533 (M) Amendment 1, Means of Access

MGN 533 (M) Amendment 1, Means of Access (link)

This Marine Guidance Note gives guidance on the measures that shipowners and employers are expected to take in order to provide a safe means of access on UK ships.

Source: MCA.

By WCS : 31 Jan 2019

MGN 532 (M) Amendment 1, Safe Movement on Board Ship

MGN 532 (M) Amendment 1, Safe Movement on Board Ship (link)

This Marine Guidance Note gives guidance on the measures that shipowners and employers are expected to take in order to provide for safe movement on board UK ships.

Source: MCA.

By WCS : 31 Jan 2019

MIN 586 (M) Introduction of a UK Long-range Identification and Tracking (LRIT) Collaborative Data Centre

MIN 586 (M) Introduction of a UK Long-range Identification and Tracking (LRIT) Collaborative Data Centre (link)

As part of contingency planning for the UK's withdrawal from the EU, preparations have been made in case access to EU systems is lost.

One such system is the European Maritime Safety Agency's (EMSA) Long-range Identification and Tracking (LRIT) Collaborative Data Centre (CDC), which all UK flagged ships transmit LRIT data to at present.

As of 24 January 2019, the UK's own LRIT data centre went live, and all UK flagged ships will transmit their LRIT data to the UK data centre rather than to the EMSA CDC.

There will be no impact on UK ships as the LRIT equipment will be remotely tuned to the new Data Centre without need for intervention from the Master.

Source: MCA.

By WCS : 31 Jan 2019

SI 2019/107 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

SI 2019/107 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs 2 (a), (b), (c), (d) and (g) of section 8) arising from the withdrawal of the United Kingdom from the European Union.

The functioning of the EU Emissions Trading Scheme depends on the monitoring and reporting of emissions by participants for each scheme year. It also requires the surrender by participants of a corresponding number of allowances in relation to their emissions for each scheme year. The issuing and surrender of allowances is dependent on EU systems and infrastructure, as such that aspect of the scheme will cease to apply to UK operators after the 2018 Scheme year in a no deal scenario. The monitoring, reporting, accreditation and verification obligations will continue to apply.

Source: HMSO.

By WCS : 31 Jan 2019

SI 2019/39 The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019

SI 2019/39 The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to address failures to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to the Environmental Permitting (England and Wales) Regulations 2016.

Source: HMSO.

By WCS : 31 Jan 2019

2018/1999 on the Governance of the Energy Union and Climate Action, amending various Regulations

2018/1999 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (link)

This Regulation sets out the necessary legislative foundation for reliable, inclusive, cost-efficient, transparent and predictable governance of the Energy Union and Climate Action (governance mechanism), which ensures the achievement of the 2030 and long-term objectives and targets of the Energy Union in line with the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the 'Paris Agreement'), through complementary, coherent and ambitious efforts by the Union and its Member States, while limiting administrative complexity.

Source: EC.

By WCS : 22 Jan 2019

Scottish Crown Estate Act 2019

Scottish Crown Estate Act 2019 (link)

This Act of the Scottish Parliament renames Crown Estate Scotland (Interim Management) as the 'Crown Estate Scotland'; to make provision about the management of the Scottish Crown Estate; and for connected purposes. It also makes related minor consequential amendments to related instruments.

Source: HMSO.

By WCS : 18 Jan 2019

SI 2019/25 The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019

SI 2019/25 The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of that Act) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to domestic legislation that implements, in part, Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. More specifically these Regulations make amendments to domestic legislation concerned with environmental impact assessments in the context of land drainage improvement works, forestry, water resources, agriculture and marine works.

Source: HMSO.

By WCS : 17 Jan 2019

SI 2019/24 The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019

SI 2019/24 The Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018. They make amendments to 5 different sets of regulations in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), 8(2)(g) and 8(3)(a) of the Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 3 amends the Justification of Practices Involving Ionising Radiation Regulations 2004. It amends the application of the 2004 Regulations so that it relates to the application of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom immediately before exit day. It also inserts a new provision which modifies how the definition of “inspection” in Article 4(43) of the 2013 Directive is to be read for the purposes of the 2004 Regulations.

Source: HMSO.

By WCS : 17 Jan 2019

Closed consultation: Consultation on the Merchant Shipping (Safety of Navigation) Regulations

Closed consultation: Consultation on the Merchant Shipping (Safety of Navigation) Regulations

This consultation sought views on a recast of The Merchant Shipping (Safety of Navigation) Regulations 2002.

The purpose of the proposed Regulations was to update the UK’s transposition of Chapter V (Safety of Navigation) of the International Maritime Organization’s (IMO) International Convention for the Safety of Life at Sea 1974 (SOLAS) in domestic law.

Also, it was proposed that they will introduce Ambulatory Reference with the Regulations to incorporate any future amendments to the technical standards in the Chapter into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

This consultation closed on 19 November 2018. Full details can be viewed here.

Source: MCA.

By WCS : 17 Jan 2019

2018/2066 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012

2018/2066 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (link)

This Regulation lays down rules for the monitoring and reporting of greenhouse gas emissions and activity data pursuant to Directive 2003/87/EC in the trading period of the Union emissions trading system commencing on 1 January 2021 and subsequent trading periods.

Source: EC.

By WCS : 16 Jan 2019

MGN 602 (M) Maritime Labour Convention: Substantial equivalence for crew accommodation for new vessels of 200GT to less than 500GT

MGN 602 (M) Maritime Labour Convention: Substantial equivalence for crew accommodation for new vessels of 200GT to less than 500GT (link)

This notice provides the substantially equivalent accommodation standards agreed by the UK Tripartite Working Group for vessels of 200GT to less than 500GT.

It applies to Coded vessels and other new seagoing vessels in commercial use, built after 7 August 2014 (see section 2).

New vessel means a vessel built after 7 August 2014 (see section 2) or any vessel for which there has not been a valid Code certificate, or which has otherwise not been engaged in commercial operations, in the last five years.

Such vessels over 200GT must comply with the crew accommodation standards in MSN 1844(M) which, for new Coded vessels, supersedes Chapter 21 of the Codes and their equivalences (see Annex 2). However, Annex 1 to this MGN provides a substantially equivalent accommodation standard with respect to the position of crew accommodation (MSN 1844(M) paragraph 2.1(b)).

N.B. The Workboat Code Industry Working Group Technical Standard of 2014, the Workboat Code Edition 2 and any subsequent editions include the standard from Annex 1.

Vessels to which this MGN applies operating within 60 miles of a safe haven in the United Kingdom on domestic voyages, which are not required to be surveyed/inspected for compliance with the Maritime Labour Convention, 2006 are nevertheless required to comply with the crew accommodation standards of MSN 1844(M), and may apply this substantially equivalent standard.

Source: MCA.

By WCS : 16 Jan 2019

MGN 601 (M) Maritime Labour Convention: Crew accommodation for small vessels of less than 200GT that are ordinarily engaged in commercial activities

MGN 601 (M) Maritime Labour Convention: Crew accommodation for small vessels of less than 200GT that are ordinarily engaged in commercial activities (link)

This note provides guidance on the crew accommodation standards agreed by the UK Tripartite Working Group on the Maritime Labour Convention, 2006 as a substantial equivalence to MLC Standard A3.1 for new UK vessels under 200GT.

Source: MCA.

By WCS : 16 Jan 2019

MGN 600 (M) Maritime Labour Convention: Inspection of Coded Vessels

MGN 600 (M) Maritime Labour Convention: Inspection of Coded Vessels (link)

This note contains guidance on the arrangements in place for the inspection of coded vessels for compliance with the Maritime Labour Convention, 2006.

Source: MCA.

By WCS : 16 Jan 2019

Closed consultation - Environmental permitting: standard rules consultation no 18

Closed consultation - Environmental permitting: standard rules consultation no 18

The Environment Agency (EA) sought views on a proposed revision to SR2018 No 9 for specified generators. The proposed change related to the inclusion of the option for secondary abatement in this rule set:

- SR2018 No 9 standard rules Specified Generator, Tranche B low risk, base load operation between 0 - 0.9 MWth (megawatt thermal).

This consultation closed on 21 December 2018. Full details can be viewed here.

Source: EA.

By WCS : 15 Jan 2019

SI 2018/1405 The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018

SI 2018/1405 The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers conferred by—

(a) section 2(2) of the European Communities Act 1972, and

(b) section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018, in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g) which apply to this instrument) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of environmental protection and, in particular, amend legislation relating to the regulation of persistent organic pollutants. Parts 2 and 3 amend secondary legislation. Part 4 amends other legislation.

Source: HMSO.

By WCS : 11 Jan 2019

SI 2018/391 The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

SI 2018/391 The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (link)

These Regulations make amendments to the legislation referred to below. The amendments update references to a number of EU instruments referred to therein, and make consequential repeals and revocations of primary and secondary legislation due to updates in EU law.

Part 2 amends legislation concerning environmental protection. Regulation 2 updates a reference to an EU instrument which has been recast with a reference to the appropriate domestic legislation. Regulation 3 replaces references in the Pollution Prevention and Control (Scotland) Regulations 2012 to out of date EU instruments with either equivalent text or references to current EU instruments. 

Part 6 makes amendments to various secondary legislation concerning waste. The amendments update references to EU instruments and remove references to EU instruments which are no longer in force. Where appropriate, references to repealed EU instruments are replaced with references to domestic or EU equivalents.

Source: HMSO.

By WCS : 10 Jan 2019

CEMHD 2 – 2018 - High Temperature Hydrogen Attack: Safe use of carbon steel

CEMHD 2 – 2018 - High Temperature Hydrogen Attack: Safe use of carbon steel (link)

Where carbon steel is used as a material of construction in applications involving hydrogen (gaseous or liquid, including where it is a constituent part of a fluid), the service conditions should be restricted to limit the effect of High Temperature Hydrogen Attack (HTHA). This degradation mechanism attacks the material structure over time and is accelerated where the process conditions are more arduous. The effect is most notable in welds and other stressed areas and is particularly acute where welds are not stress relieved (post weld heat treated, PWHT).

Source: HSE.

By WCS : 10 Jan 2019

SI 2018/1407 The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018

SI 2018/1407 The Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 in order to address failures in retained direct EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (d) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of air quality. Part 2 amends and revokes retained direct EU legislation and removes certain references made to that legislation in an annex to the EAA agreement.

Source: HMSO.

By WCS : 09 Jan 2019

SI 2018/1400 The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018

SI 2018/1400 The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 in order 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. They relate to the categories of deficiencies in retained EU law specified in section 8(2)(a), (b), (d) and (g) of that Act.

Part 2 amends the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012. Part 4 amends and revokes retained direct EU legislation which relates to the subordinate legislation amended by Part 2.

Source: HMSO.

By WCS : 08 Jan 2019

SI 2018/1399 The Marine Environment (Amendment) (EU Exit) Regulations 2018

SI 2018/1399 The Marine Environment (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(b), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of the marine environment and, in particular, marine strategy. Part 2 amends primary legislation (the Marine and Coastal Access Act 2009), Part 3 amends subordinate legislation (the Marine Strategy Regulations 2010 and the Marine Licensing (Exempted Activities) Order 2011), and Part 4 amends other legislation (Commission Decision (EU) 2017/848).

Source: HMSO.

By WCS : 08 Jan 2019

SI 2018/1388 The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018

SI 2018/1388 The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 in order 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.

These Regulations make amendments to legislation relating to monitoring and reporting of carbon dioxide emissions from maritime transport.

Source: HMSO.

By WCS : 08 Jan 2019

PPC Part A BAT conclusions review guidance (IED-TG-43)

PPC Part A BAT conclusions review guidance (IED-TG-43) (link)

This document sets out SEPA's guidance for the review of PPC Part A permits following the publication of Best Available Techniques (BAT) Conclusions documents, or where significant developments in BAT may need to be reflected in a permit.

Source: SEPA.

By WCS : 20 Dec 2018

Regulatory Position Statement on Offshore Regulation of Radioactive Substances (RS-POL-004)

Regulatory Position Statement on Offshore Regulation of Radioactive Substances (RS-POL-004) (link)

The Environmental Authorisations (Scotland) Regulations 2018 (EASR) were made on 28 June 2018 and come into force for radioactive substances activities on 1 September 2018. The EASR replace the Radioactive Substances Act 1993, the Radioactive Substances Exemption (Scotland) Order 2011 and the High-activity Sealed Sources and Orphan Sources Regulations 2005.

The application of the requirements under the existing legislation in the offshore area is a matter reserved to the UK Parliament. The application of the EASR offshore therefore requires amendment of the Civil Jurisdiction (Offshore Activities) Order 1987 and the Continental Shelf Act 1964 so that both refer to EASR instead of the Radioactive Substances Act 1993.

The UK Parliament needs to make an Order under the Scotland Act 1998 to amend the Civil Jurisdiction (Offshore Activities) Order 1987 and the Continental Shelf Act 1964, so that EASR applies to radioactive substances activities carried out offshore. Until the Order is made, the EASR does not apply offshore and the existing legislation remains in force. The main consequence of this is that there will be different thresholds for high-activity sealed sources and clearance and exemption values, which will result in radioactive substances activities being subject to different requirements onshore and offshore.

To minimise the impact that this will have on persons carrying out a radioactive substances activity, SEPA has adopted a Regulatory Position Statement setting out how it will regulate radioactive substances activities in the offshore area.

Source: SEPA.

By WCS : 20 Dec 2018

Derogation from BAT-AEL guidance (IED-TG-44)

Derogation from BAT-AEL guidance (IED-TG-44) (link)

The Industrial Emissions Directive (IED) requires all installations to use the best available techniques (BAT), and that the BAT conclusions (BATc) documents are the reference for BAT. Compliance with the BAT associated emission levels (BAT-AEL) is mandatory unless derogation from those BAT-AEL is justified.

This document sets out SEPA’s guidance for appraising a request for derogation from BAT-AEL. This guidance has been developed to assist and support both SEPA staff undertaking a BATc Review and operators that intend to submit a request to SEPA for derogation.

The purpose of this guidance document is to make clear the roles and responsibilities of both SEPA and the operator, and provide an explanatory overview of the derogation process.

Source: SEPA.

By WCS : 20 Dec 2018

SI 2018/1370 The Health and Safety (Amendment) (EU Exit) Regulations 2018

SI 2018/1370 The Health and Safety (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 in order 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. They relate to the categories of deficiencies in retained EU law specified in section 8(2)(b), (d) and (g) of that Act.

Part 2 amends subordinate legislation and Part 3 amends retained direct EU legislation in relation to the field of health and safety.

Source: HMSO.

By WCS : 20 Dec 2018

2018/2005 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP)

2018/2005 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP) (link)

This regulation amends the REACH regulations as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP).

Source: EC.

By WCS : 20 Dec 2018

Exemption to Enable Use of the 2019-2020 Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air

Exemption to Enable Use of the 2019-2020 Edition of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (link)

The Civil Aviation Authority (CAA), in exercise of its powers under the Air Navigation Order 2016, exempts any person from the requirement of the Air Navigation (Dangerous Goods) Regulations 2002 as amended to comply with the 2017-2018 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air as amended by Addendum and Corrigendum approved and published by decision of the Council of the International Civil Aviation Organization.

This Exemption is granted subject to the condition that the requirements of the 2019-2020 English language edition of the Technical Instructions, as amended, shall be complied with by such persons instead.

This exemption has effect from 1 January 2019 until 30 June 2019, both dates inclusive, unless previously revoked.

Source: CAA.

By WCS : 18 Dec 2018

2018/1992 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data referred to in Article 19 of Regulation (EU) No 517/2014 in respect of hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States

2018/1992 amending Implementing Regulation (EU) No 1191/2014 as regards the reporting of data referred to in Article 19 of Regulation (EU) No 517/2014 in respect of hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States (link)

This regulation amends EU regulation 1191/2014 regarding the reporting referred to in EU regulation 517/2014. This amendment makes provision for this reporting, as it applies to the UK, in the context of its planned withdrawal from the EU, until the date of withdrawal.

Source: EC.

By WCS : 18 Dec 2018

Using and trading fluorinated gas and ozone-depleting substances: rules and processes if the UK leaves the EU with no deal

Using and trading fluorinated gas and ozone-depleting substances: rules and processes if the UK leaves the EU with no deal (link)

If the UK leaves the EU with no deal, the UK will regulate fluorinated greenhouse gases (F gas) and ozone-depleting substances (ODS) from 30 March 2019.

F-gas and ODS are substances used mainly as refrigerants, but also in other products including:

- medical inhalers

- fire extinguishers

- insulation foams

- solvents

- feedstocks for the manufacture of other chemicals.

This guide is for businesses and individuals who currently need to follow EU regulations:

- 517/2014 on fluorinated greenhouse gases

- 1005/2009 on substances that deplete the ozone layer.

Source: Defra.

By WCS : 17 Dec 2018

SI 2018/1356 The Misuse of Drugs Act 1971 (Amendment) Order 2018

SI 2018/1356 The Misuse of Drugs Act 1971 (Amendment) Order 2018 (link)

This Order brings certain drugs under the control of the Misuse of Drugs Act 1971. Article 2(2) of this Order brings the compounds known as Pregabalin and Gabapentin under permanent control as Class C drugs under that Act.

Source: HMSO.

By WCS : 17 Dec 2018

SI 2018/1336 The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018

SI 2018/1336 The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (d) and (g) of section 8(2)) arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation relating to the CRC Energy Efficiency Scheme in the CRC Energy Efficiency Scheme Order 2013 as saved with amendments by the CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 and, in particular, provide for the continuation after exit day of exemptions applicable immediately before exit day.

Source: HMSO.

By WCS : 17 Dec 2018

SI 2018/1342 The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

SI 2018/1342 The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made under section 2(2) of the European Communities Act 1972 and in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018.

These Regulations amend the Energy Savings Opportunity Scheme Regulations 2014 which impose obligations on certain undertakings to conduct energy assessments every 4 years.

Source: HMSO.

By WCS : 17 Dec 2018

SI 2018/1307 The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018

SI 2018/1307 The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (link)

These Regulations are made under the European Communities Act 1972 and amend the Conservation of Habitats and Species Regulations 2017, the Neighbourhood Planning (General) Regulations 2012, the Town and Country Planning (Permission in Principle) Order 2017 and the Town and Country Planning (Brownfield Land Register) Regulations 2017. These Regulations transpose Article 6(3) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Source: HMSO.

By WCS : 17 Dec 2018

MCA Fees Consultation

MCA Fees Consultation

The MCA sought views from individuals and groups affected by proposed changes regarding fees.

The consultation document was issued to government departments and agencies, trade bodies and other relevant industry associations.

This consultation has now closed. Full details can be viewed here.

Source: MCA

By WCS : 12 Dec 2018

SI 2018/0000 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018 (DRAFT)

SI 2018/0000 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2018 (DRAFT) (link)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs 2 (a), (b), (c), (d) and (g) of section 8) arising from the withdrawal of the United Kingdom from the European Union.

The functioning of the EU Emissions Trading Scheme depends on the monitoring and reporting of emissions by participants for each scheme year. It also requires the surrender by participants of a corresponding number of allowances in relation to their emissions for each scheme year. The issuing and surrender of allowances is dependent on EU systems and infrastructure, as such that aspect of the scheme will cease to apply to UK operators after the 2018 Scheme year in a no deal scenario. The monitoring, reporting, accreditation and verification obligations will continue to apply.

Source: BEIS.

By WCS : 12 Dec 2018

MIN 584 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2018

MIN 584 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2018 (link)

This Marine Information Note provides information about the 2018 amendments to the Code of Safe Working Practices for Merchant Seafarers (“the Code”).

The Code deals with the regulatory framework and provides best practices guidance for health and safety on board ship. It also gives guidance on safety management and identifies statutory duties underlying the advice and includes practical information for safe working on board.

Source: MCA.

By WCS : 12 Dec 2018

SI 2018/1325 The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

SI 2018/1325 The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the fields of hydrocarbon licensing, oil stocking and the assessment of environmental effects for electricity works, pipe-lines and oil and gas projects.

Source: HMSO.

By WCS : 12 Dec 2018

SI 2018/0000 The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (DRAFT)

SI 2018/0000 The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (DRAFT) (link)

The instrument aims to fix certain provisions that would not work or remain appropriate ‘post-exit’ within nine sets of existing legislation (see paragraph 2.2) in relation to: (i) onshore and offshore oil and gas licensing; (ii) offshore oil and gas developments including pipe-lines; (iii) onshore pipe-lines; (iv) major offshore and onshore electricity works developments (i.e. generation stations and overhead lines); and (v) the stockholding of oil.

Source: BEIS.

By WCS : 10 Dec 2018

CON2 – 2018 - Tower Crane, Slew Brakes and Release Mechanism Maintenance

CON2 – 2018 - Tower Crane, Slew Brakes and Release Mechanism Maintenance (link)

HSE is investigating the collapse of a tower crane jib in high wind. The precursors of the incident are not fully determined at this point but investigations to date suggest that problems with adequate maintenance of the slew brake release mechanisms and the addition of accessories were contributing factors. We would remind all tower crane owners and users of some precautions and procedures that should be followed to ensure that risk of collapse or overturn in high wind is minimised.

This safety alert advises on the steps to be taken to ensure that tower crane slew brakes and their release mechanisms are maintained in an efficient state, in efficient working order and in good repair and to ensure that the addition of accessories to the tower crane structure do not compromise the free slew characteristics of the jib such as to contribute to the potential for collapse. This information is issued without prejudice to any ongoing investigations.

Source: HSE.

By WCS : 07 Dec 2018

ED Offshore Inspection Guide - Well Integrity (Operate Phase)

ED Offshore Inspection Guide - Well Integrity (Operate Phase) (link)

This Inspection Guide (IG) sets out the Health and Safety Executive approach to the inspection of well operators' well integrity arrangements for the operate phase of a well lifecycle for wells onshore and offshore in Great Britain. The guide provides question sets to be used as a basis for inspection of the well integrity arrangements. This has been developed from a background of HSE and industry guidance on well integrity. The guide provides the basis to assess any risk gap as defined by HSE's Enforcement Management Model, and hence the Duty Holder's Performance Score which will feed into the intervention planning process.

Source: HSE.

By WCS : 06 Dec 2018

MIN 582 (M+F) Change to inmarsat satellite services including GMDSS Amendment 1

MIN 582 (M+F) Change to inmarsat satellite services including GMDSS Amendment 1 (link)

Inmarsat is migrating the GMDSS Services, Inmarsat C and Fleet 77, from the Inmarsat-3 satellite constellation to the Inmarsat-4 satellite constellation. During the migration manual intervention on Inmarsat Ship Earth Stations (SES) may be necessary. After each phase of the migration the coverage area of these GMDSS services will change.

The change of coverage area means that areas that were Sea Area A3 will now be Sea Area A4. This will impact the vessels ability to transmit and receive distress, urgency, safety and routine communications, including distress alerts and Maritime Safety Information (MSI) Broadcasts via SES in this area.

Source: MCA.

By WCS : 05 Dec 2018

Environmental permits for 'orphan' waste effluent treatment plants: RPS 33

Environmental permits for 'orphan' waste effluent treatment plants: RPS 33 (link)

It is usual to need a waste operation or waste installation environmental permit to treat waste effluent. However, if a permit holder complies with the conditions in this regulatory position statement (RPS) they can treat waste effluent in an effluent treatment plant without a waste operation or waste installation environmental permit.

Examples of waste effluent plants that may be covered by this RPS include:

- water treatment works that treat sludge

- closed landfill sites that treat leachate

- small manufacturing sites that do not exceed the threshold for being permitted under the Environmental Permitting Regulations.

Source: EA.

By WCS : 05 Dec 2018

Chemical Regulation

Chemical Regulation (link)

This guidance contains the most up-to-date guidance on preparations for different Brexit negotiation outcomes.

The priorities of the regulators are stated as:

- ensuring the continued effective and safe management of chemicals to safeguard human health and the environment

- responding to emerging risks and allow trade with the EU that is as frictionless as possible.

Source: HSE.

By WCS : 05 Dec 2018

2018/1881 of 3 December 2018 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annexes I, III, VI, VII, VIII, IX, X, XI, and XII to address nanoforms of substances

2018/1881 of 3 December 2018 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annexes I, III, VI, VII, VIII, IX, X, XI, and XII to address nanoforms of substances (link)

This regulation amends numerous annexes of 'REACH' with regard to nanoforms of substances.

Source: EC.

By WCS : 05 Dec 2018

SI 2018 1278 The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018

SI 2018 1278 The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 and make amendments to the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(g) of the Act) arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2(2) removes the cross reference in the Regulations to the definition of "orphan source" in the Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/ Euratom, 90/641/ Euratom, 96/29/ Euratom, 97/43/ Euratom and 2003/122/ Euratom and inserts a new definition of "orphan source".

Regulation 2(3) amends regulation 6(4)(c) of the Regulations, removing the cross reference to Article 102 of the Directive and inserting a requirement that management strategies are to be developed and implemented taking into account the requirements of the new Schedule.

Source: HMSO.

By WCS : 05 Dec 2018

SI 2018 1281 The Offshore Installations (Safety Zones) (No. 2) Order 2018

SI 2018 1281 The Offshore Installations (Safety Zones) (No. 2) Order 2018 (link)

Article 2 of this Order establishes, under section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the 5 installations (which are subsea installations) specified in the Schedule to this Order stationed, or to be stationed, in waters to which section 21(7) of that Act applies (these include territorial waters and waters in areas designated under section 1(7) of the Continental Shelf Act 1964).

Vessels, which for this purpose include hovercraft, submersible apparatus and installations in transit, are prohibited from entering or remaining in a safety zone except with the consent of the Health and Safety Executive or in accordance with regulations made under section 23(1) of the Petroleum Act 1987 (currently regulation 21H of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995, inserted by paragraph 14 of Schedule 13 to S.I. 2015/398).

The United Kingdom Hydrographic Office (UKHO) (https://www.gov.uk/government/organisations/uk-hydrographic-office) publishes nautical charts covering the area in which installations are located, which include information on the existence and, where the scale allows, the location of safety zones. Mariners are advised to keep paper charts up-to-date by using appropriate Notices to Mariners or, where electronic charts are used, to subscribe to an appropriate updating service. Vessels meeting the requirements of the International Convention for the Safety of Life at Sea 1974 will carry nautical charts and nautical publications (such as Notices to Mariners) to plan and display the ship's route for the intended voyage and to plot and monitor positions throughout the voyage. This may be compulsory for some vessels, for example under the Merchant Shipping (Safety of Navigation) Regulations 2002. The UKHO also broadcasts Radio Navigational Warnings in relation to safety zones where updates to charts have yet to take effect and where installations are in transit.

Maritime safety information, which includes information on safety zones, is issued via the appropriate International Maritime Organisation, Global Maritime Distress and Safety System broadcast systems as defined by the World-Wide Navigational Warning Service.

Article 3 makes amendments to certain designations under the offshore installation (Safety Zones) Order 2018 to avoid confusion among asset managers and mariners. All other details in relation to these installations remain the same.

For a full list of the installations on station, and not on station, at the time of this order, please see the full document linked above.

Source: HMSO.

By WCS : 05 Dec 2018

Decommissioning Programme Templates

Decommissioning Programme Templates (link)

OPRED has used decommissioning programme templates for derogation and non-derogation projects. These templates include all required content as detailed in Annex C of the Guidance Notes. There are also templates available which are currently being trialed for more specific and small-scale decommissioning activity including rig reactivation and removal of a single Wellhead Protection Structure. Operator's should discuss all individual cases with OPRED who will advise of the appropriate template.

Source: BEIS OPRED.

By WCS : 05 Dec 2018

Open consultation: Environment Agency charge proposals from April 2019

Open consultation: Environment Agency charge proposals from April 2019

The Environment Agency (EA) seeks views on its charge proposals which are due to start in April 2019. 

 The proposals follow various changes implemented in April 2018 as a result of our Strategic Review of Charges (SRoC) programme.

These further changes are designed to:

- add clarity to existing charging schemes

- accommodate changes in costs of regulation

- make new charging scheme changes that were not included in the SRoC

The proposals cover:

- Environment Permitting Regulations (EPR) including closed landfill, Radioactive Substance Regulations, and other EPR changes

- The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

- Water abstraction - Dee and Wye standard charge only

- EU Emissions Trading Scheme

- Producer responsibility - Waste Electrical and Electronic Equipment Compliance Scheme.

This consultation closes on 1 February 2019. Full dertails can be viewed here.

Source: EA.

By WCS : 04 Dec 2018

SI 2018/1202 The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018

SI 2018/1202 The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018 (link)

Part 1 of these Regulations is made in exercise of the powers conferred by sections 85 and 86 of the Merchant Shipping Act 1995 except in respect of its application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972.

The remainder of these Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to secondary legislation which relates to maritime health and safety in order to ensure that the existing regulatory framework continues to operate effectively following the United Kingdom’s withdrawal from the European Union. These Regulations also update references in the secondary legislation.

Source: HMSO.

By WCS : 04 Dec 2018

SI 2018/1221 The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

SI 2018/1221 The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (link)

These Regulations update the definitions of EEA State and EEA Agreement in maritime secondary legislation so that the definitions accord with those currently to be found in the Interpretation Act 1978.

These Regulations are also made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (c), (d) and (g) of, and paragraph 21 of Schedule 7 to, the Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to maritime legislation and in particular amend legislation relating to ship safety standards and registration of ships. Part 1 amends secondary legislation and Part 2 revokes certain retained EU legislation.

Source: HMSO.

By WCS : 04 Dec 2018

SI 2018/1232 The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018

SI 2018/1232 The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 in order 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. Apart from regulations 2(3) and 5(3)(a), these Regulations are made under section 8 of that Act and correct deficiencies of the type mentioned in section 8(2)(a) and (g) of that Act – matters which have no practical application to the United Kingdom or are otherwise redundant, and EU references which are no longer appropriate.

These Regulations make amendments to legislation in the field of town and country planning and infrastructure planning.

Source: HMSO.

By WCS : 04 Dec 2018

SI 2018/1234 The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018

SI 2018/1234 The Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations 2018 (link)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to secondary legislation in the field of town and country planning and infrastructure planning. They amend the the Town and Country Planning (Development Management Procedure) (England) Order 2015 and the Planning (Hazardous Substances) Regulations 2015.

These Regulations: replace a number of references to EU Directives to references within the Control of Major Accident Hazards Regulations 2015 (regulations 2(a), 3(a), 4(b), 5 and 10); omit references to definitions and objectives sitting within the Directive (regulations 2(b), 3(b), 4(a) and (c) and 5); and insert definitions consequential on these amendments (regulation 7). These Regulations also amend references in the Planning (Hazardous Substances) Regulations 2015 so that references to retained EU Law apply correctly (regulations 8, 9, 10, 11 and 12).

Source: HMSO.

By WCS : 04 Dec 2018

MSN 1887 Maritime labour convention medical certification

MSN 1887 Maritime labour convention medical certification (link)

This notice contains guidance on the application and provisions of the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010, including:

- how to obtain a seafarer medical certificate

- validity of a seafarer medical certificate

- medical standards and categories of medical fitness

- the medical review (“appeal”) system.

Source: MCA.

By WCS : 04 Dec 2018

2018/1846 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to take into account scientific and technical progress

2018/1846 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to take into account scientific and technical progress (link)

Various sections of Directive 2008/68/EC refer to provisions set out in international agreements on the inland transport of dangerous goods by road, rail and inland waterways as defined in Article 2 of that Directive.

The provisions of those international agreements are updated every two years. Consequently, the last amended versions of those agreements shall apply as from 1 January 2019, with a transitional period up to 30 June 2019.

Source: EC.

By WCS : 29 Nov 2018

SI 2018/1214 The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018

SI 2018/1214 The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018 (link)

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013. The WEEE Regulations implement Directive 2012/19/EU of the European Parliament and of the Council on waste electrical and electronic equipment.

The amendments include:

 - Transitional provisions regarding WEEE Regulations' application to a scheme approved by SEPA

 - New regulations 34A and 34B

 - Provision for approval by the Secretary of State of a producer compliance scheme balancing system (PBS)

 - A new regulation 6 of the WEEE Regulations, implementing the open scope principle, which brings all electrical and electronic equipment  into the scope of the Directive unless explicitly exempt. 

 - Changes regarding charges

 - Reporting

 - Administrative/reference changes.

Source: HMSO.

By WCS : 29 Nov 2018

MSN 1893 Carriage of dangerous goods and marine pollutants in packaged form: Amendment 39-18 to the IMDG code

MSN 1893 Carriage of dangerous goods and marine pollutants in packaged form: Amendment 39-18 to the IMDG code (link)

This MSN is for the transport of dangerous goods and marine pollutants in packaged form by sea on ships within United Kingdom waters and on United Kingdom ships wherever they may be. The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 are amended to incorporate the 39th Amendment to the IMDG Code in accordance with the internationally agreed date of 1 January 2020.

Source: MCA.

By WCS : 29 Nov 2018

Classifying, labelling and packaging chemicals if there's no Brexit deal - Update

Classifying, labelling and packaging chemicals if there's no Brexit deal - Update (link)

The purpose of this notice is to outline the arrangements that would come into force to regulate chemicals in the unlikely event the UK leaves the EU on 29 March 2019 with no agreement in place, with respect to the Classification, Labelling and Packaging of substances and mixtures regulation (CLP).

A correction has been made to the paragraph explaining that manufacturers and importers will need to continue to comply with the duty to notify regarding the required classification and labelling of the substances that they place on the UK market.

Source: HSE.

By WCS : 28 Nov 2018

SI 2018/1227 The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018

SI 2018/1227 The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 (link)

These Regulations make amendments to the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2016.

Source: HMSO.

By WCS : 28 Nov 2018

Waste Duty of Care Code of Practice

Waste Duty of Care Code of Practice (link)

This code of practice sets out guidance on how to meet waste duty of care requirements. It is issued under section 34(7) of the Environmental Protection Act 1990 (the EPA) in relation to the duty of care set out in Section 34(1) of that Act.

This code applies to those who import, produce, carry, keep, treat, dispose of or, as a dealer or broker have control of, certain waste in England or Wales.

Source: Defra/EA.

By WCS : 28 Nov 2018

MSN 1890 (M+F) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010: New and Expectant Mothers

MSN 1890 (M+F) The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 and the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010: New and Expectant Mothers (link)

This Merchant Shipping Notice gives detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 as they relate to new or expectant mothers. They also provide guidance on this subject. 

Source: MCA.

By WCS : 28 Nov 2018

MSN 1889 (M+F) MERCHANT SHIPPING AND FISHING VESSELS (HEALTH AND SAFETY AT WORK) (BIOLOGICAL AGENTS) REGULATIONS 2010 AS AMENDED

MSN 1889 (M+F) MERCHANT SHIPPING AND FISHING VESSELS (HEALTH AND SAFETY AT WORK) (BIOLOGICAL AGENTS) REGULATIONS 2010 AS AMENDED (link)

The purpose of this Merchant Shipping Notice is to give detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010.

Source: MCA.

By WCS : 28 Nov 2018

MSN 1888 (M+F) MERCHANT SHIPPING AND FISHING VESSELS (HEALTH AND SAFETY AT WORK) (CHEMICAL AGENTS) REGULATIONS 2010 AS AMENDED

MSN 1888 (M+F) MERCHANT SHIPPING AND FISHING VESSELS (HEALTH AND SAFETY AT WORK) (CHEMICAL AGENTS) REGULATIONS 2010 AS AMENDED (link)

The purpose of this Merchant Shipping Notice is to provide detailed information required to comply with the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended (“the Chemical Agents Regulations”).

Source: MCA.

By WCS : 28 Nov 2018

SI 2018/0000 The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (DRAFT)

SI 2018/0000 The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018 (DRAFT) (link)

The purpose of this statutory instrument is to amend the CRC Energy Efficiency Order 2013 to address legal inoperabilities that arise from the withdrawal of the United Kingdom from the European Union taken together with the operation of other provisions made under the European Union (Withdrawal) Act 2018.

Source: BEIS.

By WCS : 28 Nov 2018

Consultation outcome: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

Consultation outcome: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

The Maritime and Coastguard Agency (MCA) ran a consultation on recasting The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. The full consultation outcome report is now available.

The purpose of the proposed Regulations was to bring up to date the UK’s transposition of the International Maritime Organization’s (IMO) International Convention for the Prevention of Oil Pollution from Ships (MARPOL Annex I) into domestic law. At the same time, it was proposed that they would introduce Ambulatory Reference with the Regulations to incorporate any future amendments to the technical aspects of the Convention (the detail which is of a more technical nature) of MARPOL Annex I into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

The consultation opened on 04/06/18 and closed on 29/07/18. Full details can be found here.

Source: MCA.

By WCS : 27 Nov 2018

BEIS: GUIDANCE NOTES - Decommissioning of Offshore Oil and Gas Installations and Pipelines - UPDATE

BEIS: GUIDANCE NOTES - Decommissioning of Offshore Oil and Gas Installations and Pipelines - UPDATE (link)

These guidance notes have been updated to include 'Environmental Considerations' (Section 12).

The new content includes detail on comparative assessment, environmental appraisal (including clarification on its legislative context), marine protection, environmental surveys, other environmental approvals, and monitoring.

Source: BEIS/OPRED.

By WCS : 27 Nov 2018

Open consultation - Environmental permitting: standard rules consultation no 18

Open consultation - Environmental permitting: standard rules consultation no 18

The Environment Agency (EA) seeks views on a proposed revision to SR2018 No 9 for specified generators. The proposed change relates to the inclusion of the option for secondary abatement in this rule set:

 - SR2018 No 9 standard rules Specified Generator, Tranche B low risk, base load operation between 0 - 0.9 MWth (megawatt thermal).

This consultation closes on 21 December 2018. Full details can be viewed here.

Source: EA.

By WCS : 26 Nov 2018

A consultation on the Scottish Government's preferred policy position on unconventional oil and gas (UOG), the Strategic Environmental Assessment (SEA) Environmental Report, and partial Business and Regulatory Impact Assessment (BRIA)

A consultation on the Scottish Government's preferred policy position on unconventional oil and gas (UOG), the Strategic Environmental Assessment (SEA) Environmental Report, and partial Business and Regulatory Impact Assessment (BRIA)

The Scottish Government is currently finalising its policy position on the development of unconventional oil and gas in Scotland. It seeks views on the Strategic Environmental Assessment (SEA) and partial Business, Regulatory Impact Assessment (BRIA) of its preferred policy position, that the Scottish Government does not support the development of unconventional oil and gas in Scotland. 

This consultation closes on 18 Dec 2018. Full details can be viewed here.

Source: Scottish Government.

By WCS : 26 Nov 2018

GUIDANCE ON CALCULATING SOURCE CATEGORY FOR SEALED RADIOACTIVE SOURCES

GUIDANCE ON CALCULATING SOURCE CATEGORY FOR SEALED RADIOACTIVE SOURCES (link)

This guidance is to help you calculate the source categories of your sealed radioactive sources. It has been written for those who need to be authorised under the Environmental Authorisations (Scotland) Regulations 2018 (EASR) and for those who have a sealed source permit with a standard condition limiting source holdings by source category. This guidance does not cover calculations on security group of sealed sources.

Source: SEPA.

By WCS : 22 Nov 2018

Regulations: ecodesign of energy-consuming products

Regulations: ecodesign of energy-consuming products (link)

This guidance has been produced to accompany the Ecodesign for Energy-Related Products Regulations 2010.

It sets out which products are covered, who is responsible for compliance, and how to comply.

Source: BEIS.

By WCS : 22 Nov 2018

SI 2018 1160 The Air Navigation (Amendment) (No. 2) Order 2018

SI 2018 1160 The Air Navigation (Amendment) (No. 2) Order 2018 (link)

This Order amends articles 99, 100 and 168 of the Air Navigation Order 2016 and creates offences in respect of Annex III (Organisation Requirements for Air Operations, Part-ORO) and Annex V (Specific Approvals), Subpart K (Approval of helicopter offshore operations), of Commission Regulation (EU) No. 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No. 216/2008.

Source: HMSO.

By WCS : 21 Nov 2018

Open consultation - The Offshore Environmental Civil Sanctions Regulations 2018: draft guidance

Open consultation - The Offshore Environmental Civil Sanctions Regulations 2018: draft guidance

The Department for Business, Energy & Industrial Strategy (BEIS) seeks views on the draft guidance for The Offshore Environmental Civil Sanctions Regulations 2018.

The Offshore Environmental Civil Sanctions Regulations 2018 enable the BEIS Offshore Petroleum Regulator for Environment & Decommissioning (OPRED) to impose civil sanctions in respect of breaches of some existing offshore oil and gas environmental regulations, which presently amount to criminal offences.

This draft guidance will accompany the 2018 Regulations to provide clarity and certainty to industry. It is designed to clearly explain how OPRED will apply the civil sanctions regime under them:

- how it makes decisions

- the processes to be followed to provide clarity and certainty to industry.

This consultation closes on 18 December 2018. Full details can be viewed here.

Source: BEIS/OPRED.

By WCS : 20 Nov 2018

MIN 579 (M) Guidance for measures to prevent fires in Engine Rooms and Cargo Pump Rooms

MIN 579 (M) Guidance for measures to prevent fires in Engine Rooms and Cargo Pump Rooms (link)

This note serves to bring MSC.1/Circ.1321 to the attention of the Maritime Community. This IMO Circular provides consolidated guidance on the prevention of fires in Engine Rooms, Cargo Pump Rooms and other high fire risk spaces.

Source: MCA.

By WCS : 08 Nov 2018

Guidance for the Recovery and Disposal of Hazardous and Non-Hazardous Waste

Guidance for the Recovery and Disposal of Hazardous and Non-Hazardous Waste (link)

This guidance has been produced by the Environment Agency for England and Wales and the Northern Ireland Environment and Heritage Service (EHS). Together these are referred to as "the Regulator" throughout this document. Its publication follows consultation with industry, government departments and non-governmental organisations.

Integrated Pollution Prevention and Control (IPPC) is a regulatory system that employs an integrated approach to control the environmental impacts of certain industrial activities. It involves determining the appropriate controls for industry to protect the environment through a single permitting process. To gain a permit, operators will have to show that they have systematically developed proposals to apply the best available techniques (BAT) and meet certain other requirements, taking account of relevant local factors.

This guidance for delivering the PPC (IPPC) Regulations in this sector is based on the draft BAT Reference document BREF produced by the European Commission. The BREF is the result of an exchange of information between member states and industry. The quality, comprehensiveness and usefulness of the draft BREF is acknowledged. This guidance is designed to complement the BREF and is cross-referenced to it throughout. It takes into account the information contained in the draft BREF and lays down the indicative standards and expectations in the UK (England and Wales and Northern Ireland). The reader is advised to have access to the BREF.

The aims of this Guidance are to:

- provide a clear structure and methodology for operators to follow to ensure they address all aspects of the PPC Regulations and other relevant regulations

- minimise the effort by both operator and regulator in the permitting of an installation by expressing the BAT techniques as clear indicative standards

- improve the consistency of applications by ensuring that all relevant issues are addressed

- increase the transparency and consistency of regulation by having a structure in which the operator's response to each issue, and any departures from the standards, can be seen clearly and which enables applications to be compared

To assist operators in making applications, separate, horizontal guidance is available on a range of topics such as waste minimisation, monitoring, calculating stack heights and so on.

Source: EA.

By WCS : 08 Nov 2018

OGA - Meetings: Statutory Notice - Update

OGA - Meetings: Statutory Notice - Update (link)

The Oil and Gas Authority (OGA) has published an updated Meetings Statutory Notice.

The Energy Act 2016 gives the OGA the power to attend and participate in certain ‘relevant’ external meetings (including videoconferences and teleconferences) between different companies operating in the UK continental shelf.

The purpose of the Notice is to limit the meetings to which the obligations on industry apply.

The Act obliges industry to inform the OGA in advance of these meetings, provide it with documentation and, if the OGA does not attend, provide it with a written summary of the relevant parts of the meeting.

The main changes to this Notice from version 2.1 December 2017 are:

The way in which the OGA limits meetings, specifically in relation to Operating Committee Meetings (OCM) and Technical Committee Meetings (TCM), is by listing assets where the obligations would apply. Those assets were identified in the OGA’s Opportunity Matrix. However, the Opportunity Matrix is no longer used to identify areas for the development of Priority Area Plans. Consequently, the scope of the Notice for such meetings will now be by reference to Priority Area Plans and listed in the Notice.

The list of assets has been updated to reflect this change. Priority Area Plans are shown in the OGA Overview 2018. See link: https://www.ogauthority.co.uk/news-publications/publications/2018/oil-and-gas-authority-overview-september-2018/

Source: OGA.

By WCS : 08 Nov 2018

CAP 393 Air Navigation: The Order and the Regulations

CAP 393 Air Navigation: The Order and the Regulations (link)

This guidance has been updated by the Civil Aviation Authority (CAA). Changes are highlighted in the original CAA document, a link to which is included in the document linked above.

Source: CAA.

By WCS : 08 Nov 2018

SI 2018/1122 The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

SI 2018/1122 The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (link)

These Regulations make provision in connection with those parts of EU Regulation No 1257/2013 of the European Parliament and of the Council on ship recycling (OJ No L 330, 10.12.2013) (the EU Ship Recycling Regulation) that concern requirements that apply in relation to the construction of a ship, the ship during its working life and its preparation for recycling.

Source: HMSO.

By WCS : 07 Nov 2018

Requirements for the planning of and consent to UKCS Field Developments

Requirements for the planning of and consent to UKCS Field Developments (link)

This document is intended to assist those involved in the planning of a new field development and subsequent consent to an FDP leading to production of first hydrocarbons. The guidance covers the following:

- An overview of the OGA's objectives and considerations relevant to all new field developments

- The Assessment Phase leading to the Concept Select

- The Authorisation Phase leading to the consent to a Field Development Plan

- The Execute Phase leading to the production of hydrocarbons

- The process for revising a previously consented-to FDP (i.e. an FDP Addendum ('FDPA')).

This is an updated version of the document that first came out in May 2018.

Source: OGA

By WCS : 07 Nov 2018

Consultation on CAP 670 amendment

Consultation on CAP 670 amendment

The CAA’s proposed update to CAP 670 takes into account ICAO Annex amendments, updates to European legislation and guidance as well as minor editorial changes resulting, for example, from updates to the Air Navigation Order 2016 legislation and links to further information.

The CAA invite stakeholders to review the proposed changes and provide comment on the accuracy, clarity or relevance of any of the proposed changes and to highlight any other editorial changes that may help improve the document: CAP 670 Air Traffic Services Safety Requirements consultation.

The consultation will close on 31 January 2019. Full details can be found here.

Source: CAA.

By WCS : 06 Nov 2018

DRAFT MIN XXX (M) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) – Annex I (Prevention of Pollution by Oil) – Amending Resolutions since 2004

DRAFT MIN XXX (M) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78) – Annex I (Prevention of Pollution by Oil) – Amending Resolutions since 2004 (link)

This DRAFT MIN provides information on the amendments made to the International Convention on MARPOL Annex I by the IMO Resolutions adopted since 2004.

Source: MCA.

By WCS : 06 Nov 2018

Launch of 2018 UKCS Stewardship Survey

Launch of 2018 UKCS Stewardship Survey

The OGA has launched its 2018 UKCS Stewardship Survey. Communications confirming instructions for completion of the survey were sent to all participant’s Single Points of Accountability (SPAs).

The survey, which is now in its third year, created a single source of aligned, robust data. Its analysis underpins all aspects of the OGA's work. It is used to inform asset stewardship reviews and provide insights into current and forecast activity in the UKCS. It also facilitates economic modelling of UKCS fields and hubs, helping to build regional strategies and area plans and aids benchmarking. This approach to data collation also creates a cycle of data quality improvement over time which was our primary focus for the 2018 launch.

The requests in the survey are linked to the obligations set out in the MER UK Strategy. Areas covered by the survey include:

- Licensing/exploration and appraisal

- Reserves & resources

- Operator activities, including production and costs

- Wells

- Production efficiency

- Decommissioning

- Technology

- Supply chain.

The final date for submission of the survey is 28 February 2019, except the activity section which will close on 18 January 2019.

Details about the improvements incorporated in the 2018 survey, and the relevant supporting documentation, can be viewed here.

Source: OGA.

By WCS : 06 Nov 2018

Electrical and electronic equipment (EEE) covered by the WEEE Regulations

Electrical and electronic equipment (EEE) covered by the WEEE Regulations (link)

This guidance has been produced by the Environment Agency (EA).

Electrical and electronic equipment (EEE) producers must help protect natural resources and manage waste EEE in the best way for people and the environment.

Use this guidance to:

- work out if the EEE you produce is covered by the waste electrical and electronic equipment (WEEE) regulations

- correctly identify the EEE products you must report to your environmental regulator

- find out how to report the weight of EEE you put on the market each compliance year.

Source: EA.

By WCS : 06 Nov 2018

Guidance for applications for suspension of inactive wells

Guidance for applications for suspension of inactive wells (link)

The guidance sets out the approach the OGA will generally take in considering applications from licensees for consent to initial suspension, and any extension of a suspension, of inactive wells (that is, a constructed well or wellbore that is neither operational nor fully abandoned) in support of cost-effective abandonment.

Source: OGA.

By WCS : 02 Nov 2018

Closed consultation: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

Closed consultation: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

The Maritime and Coastguard Agency (MCA) ran a consultation on recasting The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996.

The purpose of the proposed Regulations was to bring up to date the UK’s transposition of the International Maritime Organization’s (IMO) International Convention for the Prevention of Oil Pollution from Ships (MARPOL Annex I) into domestic law. At the same time, it was proposed that they would introduce Ambulatory Reference with the Regulations to incorporate any future amendments to the technical aspects of the Convention (the detail which is of a more technical nature) of MARPOL Annex I into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

The consultation opened on 04/06/18 and closed on 29/07/18. Full details can be found here.

Source: MCA.

By WCS : 26 Oct 2018

Personnel Competency Standard for Manual Stack-Emission Monitoring

Personnel Competency Standard for Manual Stack-Emission Monitoring (link)

This guidance defines the personnel competency standard and sets out the requirements for personnel to achieve certification under the standard for Manual Stack-Emission Monitoring.

Source: EA.

By WCS : 26 Oct 2018

MGN 401 (M+F) Amendment 2 Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom

MGN 401 (M+F) Amendment 2 Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the United Kingdom (link)

The purpose of this guidance note is to amplify the international definitions of Vessel Traffic Services (VTS) in the UK national context and assist Statutory Harbour Authorities in the implementation of a new VTS or the review of an existing VTS. They will also be used by the Maritime and Coastguard Agency (MCA), as Competent Authority for VTS, when implementing a coastal VTS.

Source: MCA.

By WCS : 26 Oct 2018

SI 2018/1104 The Merchant Shipping (Fees) Regulations 2018

SI 2018/1104 The Merchant Shipping (Fees) Regulations 2018 (link)

These Regulations provide for the fees to be paid for various functions carried out by the Maritime and Coastguard Agency (MCA) relating to the survey, inspection and testing of ships and hovercraft and their equipment and to the examination of, and issuing of certificates of competence etc. to, seafarers. Fees are also prescribed in relation to mortgages of ships, seafarers’ documents, certificates of compulsory insurance, waste management, exemptions from statutory requirements and other miscellaneous functions of the MCA.

Source: HMSO.

By WCS : 24 Oct 2018

MIN 582 (M+F) Change to Inmarsat Satellite Services including GMDSS

MIN 582 (M+F) Change to Inmarsat Satellite Services including GMDSS (link)

Inmarsat are migrating GMDSS Satellite services to a different satellite constellation. This may impact vessels in the following ways:

- Vessels with Inmarsat Ship Earth Stations (SES) operating within the coverage of Atlantic Ocean Region East (AORE) or India Ocean Region (IOR) satellites may need to take action;

- Change to the coverage area between Greenland and Norway affecting:

- Sea Area Designation;

- GMDSS Distress, Urgency, Safety and Routine communications via SES;

- Broadcasts to NAVAREA/METAREA 1 and 19;

- Other services that use Inmarsat services such as Ship Security Alert System, Long Range Identification and Tracking, Vessel Monitoring System and commercial services;

- Inmarsat will be issuing Notices to Mariners as necessary throughout the migration.

Source: MCA.

By WCS : 24 Oct 2018

BEIS - Closed Consultation: Revised requirements for radiological protection: emergency preparedness and response

BEIS - Closed Consultation: Revised requirements for radiological protection: emergency preparedness and response

The Department for Business, Energy & Industrial Strategy (BEIS) ran a consultation on the transposition of the public exposures and justification aspects of the 2013 Euratom Basic Safety Standards Directive.

It sought views on the proposals for implementing the requirements of the Directive in relation to planned and existing public exposure situations and the justification of practices involving ionising radiation.

The consultation closed on 15 November 2017. Full details can be viewed here.

Source: BEIS.

By WCS : 23 Oct 2018

Operations Notice 85: Policy for Drug and Alcohol Testing for OSDR Inspectors

Operations Notice 85: Policy for Drug and Alcohol Testing for OSDR Inspectors (link)

This notice sets out the policy regarding drug and alcohol testing of Offshore Safety Directive Regulator (OSDR) staff travelling to and undertaking work on offshore installations.

Source: OSDR.

By WCS : 22 Oct 2018

Supplementary offshore licensing round to target Greater Buchan area

Supplementary offshore licensing round to target Greater Buchan area (link)

The Oil and Gas Authority (OGA) has initiated a new Area Plan to maximise economic recovery (MER) from the Greater Buchan area of the North Sea, and is asking oil and gas operators to work together to develop the 150-300 million barrels of oil equivalent (mmboe) estimated to be present in the area.

The Greater Buchan area, situated in the Outer Moray Firth, features considerable open, currently unlicensed acreage, including a number of undeveloped discoveries. To maximise recovery of the significant potential recoverable resources in the area, the OGA will open a Supplementary Licensing Round in Q1 2019 which will be supported by newly available data.

The OGA is encouraging companies to partner with each other and collaborate to progress exploration and new developments in the area.

In advance of the round, the OGA will be hosting an information session in Aberdeen for interested oil and gas companies on 15 November 2018. At the event, the OGA will provide an overview on the timing and process of the Supplementary Licence Round and give further details on the supporting information which will be made available.

Source: OGA.

By WCS : 19 Oct 2018

The UK’s first Oil and Gas National Data Repository to deliver additional value and inward investment to the UK

The UK’s first Oil and Gas National Data Repository to deliver additional value and inward investment to the UK (link)

The Oil and Gas Authority (OGA) has taken a step closer to the first UK Oil and Gas National Data Repository (NDR) for petroleum-related information that will be launched in early 2019. The NDR will house and publish the collection of UK petroleum-related information, such as well, geophysical, field and infrastructure data, aiming to deliver added value and inward investment to the UK.

The NDR aims to be a critical piece of UK digital infrastructure providing definitive information which is intended to help unlock the UK Continental Shelf’s remaining resources. The OGA will, by providing enhanced and trusted data on the widest possible terms, deliver extra value for the sector and help achieve MER UK.

The NDR will enable the OGA to discharge its newly commenced information and samples powers and ensure that the UK’s petroleum-related information is maintained and enhanced as a sustainable digital resource of valuable and comprehensive data, driving inward investment, new technologies and exploration activity.

The OGA has reached an agreement with Common Data Access Limited (CDA) (a wholly owned subsidiary of Oil & Gas UK) to operate the NDR for two-years, building on the existing service operated by CDA for over 20 years. The OGA has commenced a procurement process for the OGA operated NDR, with services expected to commence in 2021.

Source: OGA.

By WCS : 19 Oct 2018

Classifying, labelling and packaging chemicals if there's no Brexit deal

Classifying, labelling and packaging chemicals if there's no Brexit deal (link)

The purpose of this notice is to outline the arrangements that would come into force to regulate chemicals in the unlikely event the UK leaves the EU on 29 March 2019 with no agreement in place, with respect to the Classification, Labelling and Packaging of substances and mixtures regulation (CLP).

Source: HSE.

By WCS : 15 Oct 2018

Regulating biocidal products if there’s no Brexit deal

Regulating biocidal products if there’s no Brexit deal (link)

The purpose of this notice is to outline the arrangements that would come into force to regulate chemicals in the unlikely event the UK leaves the EU on 29 March 2019 with no agreement in place, with respect to the Biocidal Products Regulation (EU) No 528/2012 (BPR).

Source: HSE.

By WCS : 15 Oct 2018

Export and import of hazardous chemicals if there’s no Brexit deal

Export and import of hazardous chemicals if there’s no Brexit deal (link)

The purpose of this notice is to outline the arrangements that would come into force to regulate chemicals in the unlikely event the UK leaves the EU on 29 March 2019 with no agreement in place, with respect to the Export and Import of Hazardous Chemicals Regulation (known as the PIC Regulation).

Source: HSE.

By WCS : 15 Oct 2018

Control on mercury if there’s no Brexit deal

Control on mercury if there’s no Brexit deal (link)

This notice outlines the arrangements that would come into force to regulate mercury, and mercury compounds & mixtures, if the UK leaves the EU in March 2019 with no deal.

Source: Defra.

By WCS : 15 Oct 2018

Trading and moving endangered species protected by CITES if there’s no Brexit deal

Trading and moving endangered species protected by CITES if there’s no Brexit deal (link)

This notice sets out how people who trade in, or travel with, endangered animals or plants, or their products, would be affected if the UK leaves the EU in March 2019 without a deal.

It outlines how the UK would continue to comply with its international obligations under the Convention in International Trade in Endangered Species of Wild Fauna and Flora (CITES) if no deal is reached with the EU. CITES is an international treaty which protects wildlife from unsustainable trade.

If the UK leaves the EU without a deal, species that are currently freely moved and traded between the UK and the EU (those listed in Annexes B - D) would require a CITES permit or import/export notification. This would mean movement of all species controlled under CITES between the UK and the EU would need to follow the same processes as those currently in place for movement between the UK and non-EU countries.

Source: Defra.

By WCS : 15 Oct 2018

Maintaining the continuity of waste shipments if there’s no Brexit deal

Maintaining the continuity of waste shipments if there’s no Brexit deal (link)

This notice sets out for businesses involved in the import or export of waste how the UK government will maintain the continuity of waste shipments between the UK and the EU in the event the UK leaves the EU without a deal.

Source: Defra.

By WCS : 15 Oct 2018

Control on persistent organic pollutants if there's no Brexit deal

Control on persistent organic pollutants if there's no Brexit deal (link)

This notice outlines the arrangements that would come into force to regulate Persistent Organic Pollutants (POPs) if the UK leaves the EU in March 2019 with no deal.

The POPs regulations currently implement, manage and enforce the international Stockholm Convention agreement on POPs and the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on POPs (CLRTAP). Competent authorities in the four UK countries manage permits and inventories. They are also responsible for some monitoring and enforcement of the regulations.

The UK is a party to both the Stockholm Convention and the CLRTAP in its own right and as such would be bound by their obligations and retain existing protections. This will not change after leaving the EU.

The competent authorities would remain the same as currently.

Source: Defra.

By WCS : 15 Oct 2018

SI 2018/1042 Firearms (Amendment) Rules 2018

SI 2018/1042 Firearms (Amendment) Rules 2018 (link)

These Rules make amendments to the Firearms Rules 1998.

Rule 2(2) and (3) amend the Firearms Rules 1998 in respect of conditions imposed on the grant or renewal of a firearm or shotgun certificate. The amendments require the holder of a firearm or shotgun certificate to inform the chief officer of police by whom the certificate was granted as soon as reasonably practicable but within seven days, of the theft, loss, or destruction in Great Britain of the certificate, and of the theft, loss, deactivation or destruction in Great Britain of any firearm, shotgun or ammunition to which the certificate relates.

Rule 2(4) and (5) replace the existing firearm and shotgun certificates to reflect the amendment to the conditions.

Source: HMSO.

By WCS : 09 Oct 2018

2018/1480 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting Commission Regulation (EU) 2017/776

2018/1480 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures and correcting Commission Regulation (EU) 2017/776 (link)

This regulation amends Annex VI of Regulation 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (CLP Regulations).

Source: EC.

By WCS : 09 Oct 2018

SI 2018/0000 The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (DRAFT)

SI 2018/0000 The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (DRAFT) (link)

These draft regulations have recently been made available on the Department for Transport's (DfT's) web page.

The instrument will make a number of minor amendments to various pieces of maritime secondary legislation to ensure that the relevant legislation continues to operate effectively after the UK leaves the EU. These include:

 - The Merchant Shipping (Fire Protection: Large Ships) Regulations 1998

 - The Merchant Shipping (Radio Installations) Regulations 1998

 - The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999

 - The Merchant Shipping (Life-Saving Appliances for Ships Other than Ships of Classes III to VI(A)) Regulations 1999.

An associated explanatory memorandum gives further details regarding the purpose of the regulations and details of the changes.

Source: DfT.

By WCS : 09 Oct 2018

SEPA Open Consultation: Oil and Gas Decommissioning Sector Plan

SEPA Open Consultation: Oil and Gas Decommissioning Sector Plan

The Scottish Environment Agency (SEPA) has launched a consultation on its proposed Oil and Gas Decommissioning Sector Plan.

SEPA's sector plan for oil and gas decommissioning aims to bring a clear and coordinated approach to regulation. 

This consultation closes on 20 Nov 2018. Full details can be viewed here.

Source: SEPA.

By WCS : 09 Oct 2018

Environment Agency: Consultation on assessing and scoring permit compliance

Consultation on assessing and scoring permit compliance

This consultation sets out proposed changes to how the Environment Agency (EA) assesses and scores permit compliance so that it can carry it out in a more consistent, clear and proportionate way. It also explains how the EA uses the findings of an assessment and what it records on the Compliance Assessment Report (CAR) form.

The consultation describes how the EA uses scores from compliance assessments to generate annual subsistence charges for waste operations and installations.

The EA are consulting on this issue following feedback from industry that the current guidance is complex and results in sites being in compliance bands that do not accurately reflect the impact and risk of the site.

This consultation closes on 29 October 2018. Full details can be viewed here.

Source: EA.

By WCS : 08 Oct 2018

Shale Environmental Regulator Group Launched

Shale Environmental Regulator Group Launched (link)

The Department for Business, Energy and Industrial Strategy (BEIS) has announced the launch of a new Shale Environmental Regulator Group (SERG).

SERG will bring the regulators (Oil and Gas Authority, Health and Safety Executive and Environment Agency) together as a virtual body for the environmental aspects of regulation, including for the OGA induced seismicity from such operations, and will act as one, coherent, single face for local authorities and industry, helping to resolve regulatory issues on sites and sharing best practice with local authorities considering shale gas applications.

Source: OGA/BEIS.

By WCS : 08 Oct 2018

SI 2018/XXXX The Health and Safety (Amendment) (EU Exit) Regulations 2018 (DRAFT)

SI 2018/XXXX The Health and Safety (Amendment) (EU Exit) Regulations 2018 (DRAFT) (link)

These draft regulations have recently been made available on the Department for Work and Pensions' (DWP's) web page.

These regulations ensure that EU derived health and safety protections will continue to be available in domestic law after the UK has left the EU. The regulations amended are detailed in Section 6 and 7 the associated explanatory memorandum. These Regulations do not make any policy changes beyond the intent of ensuring continued operability of the relevant legislation.

The amended regulations include:

 - The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995

 - The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995

 - The Borehole Sites and Operations Regulations 1995

 - The Health and Safety (Safety Signs and Signals) Regulations 1996

 - The Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996

 - The Control of Substances Hazardous to Health Regulations 2002

 - The Control of Artificial Optical Radiation at Work Regulations 2010

 - The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015

 - The Control of Major Accident Hazards Regulations 2015

 - The Ionising Radiations Regulations 2017.

Source: DWP.

By WCS : 08 Oct 2018

Performance Standard for Handheld Emission Monitoring Systems (HEMs) Performance standard for stack emission monitoring, fugitive emissions, and landfill-gas bore-hole emissions

Performance Standard for Handheld Emission Monitoring Systems (HEMs) Performance standard for stack emission monitoring, fugitive emissions, and landfill-gas bore-hole emissions (link)

The Environment Agency (EA) established its Monitoring Certification Scheme (MCERTS) to ensure environmental measurements meet its requirements for suitability and quality. MCERTS covers the product certification of monitoring systems, the competency certification of personnel, the accreditation of laboratories and the provision of third-party inspection services.

This document specifies the performance characteristics and test procedures for handheld emission monitoring systems (referred to as HEMs). HEMs are instruments that are used to make measurements in a wide variety of applications when the user needs a high degree of portability. For example, stack emissions monitoring for indicative purposes, monitoring some plants that fall under the Medium Combustion Plant Directive (MCPD), fugitive emissions and gaseous releases from landfill bore-holes. HEMs would typically be simpler and have a higher measurement-uncertainty than continuous emission monitoring systems (CEMs).

HEMs differ from the transportable variants of CEMs, known as transportable CEMs (TCEMs), which are designed to perform to the same high standards as required for CEMs. TCEMs are suitable for quantitative measurements and verifying and calibrating CEMs. TCEMs are typically designed to meet or exceed the uncertainty requirements specified in the Industrial Emissions Directive (IED), under the requirements for installations that fall under Chapters III and IV of the IED, i.e. large combustion plants and incinerators respectively. The specifications for CEMs and TCEMs, referred to as transportable systems are included in the MCERTS Performance Standards and Test Procedures for Continuous Emission Monitoring Systems (CEMs) and Transportable CEMs (TCEMs).

Source: EA.

By WCS : 03 Oct 2018

Regulating chemicals (REACH) if there’s no Brexit deal

Regulating chemicals (REACH) if there’s no Brexit deal (link)

In the event of a 'no deal' Brexit, the UK would ensure UK legislation replaces EU legislation via the EU Withdrawal Act, establish a UK regulatory framework and build domestic capacity to deliver the functions currently performed by the European Chemicals Agency (ECHA). The legislation would preserve REACH as far as possible, while making technical changes that would need to be made because the UK has left the EU.

By doing this, the UK would continue to be able to monitor and evaluate chemicals in the UK to reduce the risk posed to human health and the environment. It would also minimise disruption to the supply in chemicals. Existing standards of protection of human health and the environment would be maintained. The Health and Safety Executive (HSE) would act as the lead UK regulatory authority, from the day the UK leaves the EU, building on its existing capacity and capability.

The new regulatory framework would: enable the registration of new chemicals through a UK IT system that is similar to the existing EU IT system; provide specialist capacity to evaluate the impact of chemicals on health and the environment; ensure sufficient regulatory and enforcement capacity in the HSE, the Environment Agency (EA) and other regulators, enabling them to recommend controls in response to the hazards and risks of substances; and provide for an appropriate policy function in Department for Environment, Food & Rural Affairs (Defra) and the devolved administrations.

In a ‘no deal’ scenario the UK would not be legally committed to medium or long-term regulatory alignment with the EEA.

Source: Defra.

By WCS : 01 Oct 2018

Technical Guidance Note (Monitoring) M5 Monitoring of stack gas emissions from medium combustion plants and specified generators

Technical Guidance Note (Monitoring) M5 Monitoring of stack gas emissions from medium combustion plants and specified generators (link)

This technical guidance note is one of a series providing guidance on monitoring to regulators, process operators and those with interests in monitoring.

It provides information on how to monitor emissions from medium combustion plants and specified generators.

Source: EA.

By WCS : 01 Oct 2018

Offshore Workforce Engagement Inspection Guide

Offshore Workforce Engagement Inspection Guide (link)

The Offshore Safety Directive Regulator (OSDR) has recently made this inspection guide available on its website.

This guide is for use by inspection management teams and others inspecting duty holder arrangements for complying with the Offshore Installations (Safety Representative and Safety Committees) Regulations 1989.

The purpose of this guide is to provide information and guidance to OSDR inspectors to support the delivery of consistent and effective inspection of duty holder arrangements to comply with the regulations and associated legislation.

These regulations allow the workforce on an offshore installation to elect safety representatives from among themselves, and confers on them rights, functions and powers in relation to the health and safety of the workforce.

They also provide for time off with pay for safety representatives so they can perform these functions and undergo relevant training.

Duty holders have to establish safety committees in accordance with the regulations. The role of the safety committee includes reviewing health and safety on the installation and as appropriate making representations and recommendations to the installation manager.

Source: OSDR.

By WCS : 01 Oct 2018

CAP 437 Standards for Offshore Helicopter Landing Areas - Guidance on Standards - Update

CAP 437 Standards for Offshore Helicopter Landing Areas - Guidance on Standards - Update (link)

This updated publication provides the criteria applied by the CAA in assessing the standards of offshore helicopter landing areas for worldwide use by helicopters registered in the United Kingdom.

Edition 8 amendment 01/2018 is issued to clarify aspects of the final specification and installation arrangements for the Lit Touchdown/ Positioning Marking Circle and Lit Heliport Identification 'H' Marking. The requirement for floodlighting to aid the visual task of final approach, hover and landing is removed.

Chapter 5 has been re-written to amplify new international best practices. The NUI fire-fighting scheme has been updated including withdrawal of the 2011 industry letter.

A further update of the helideck surface section is presented with the introduction of a new helideck contamination scale, waiving of full-scale testing of legacy profiled helidecks, and further refinements to best practice including an update to the Friction Survey Protocol.

Finally, the European Aviation Safety Agency (EASA) Requirements for Air Operators, Operational Requirements Part-OPS, Annex VI Part SPA (AMC1 SPA.HOFO.115 Use of offshore locations) has been refined in Appendix A to ensure it fully reflects best practice for operations on the UKCS.

Source: CAA.

By WCS : 01 Oct 2018

Open consultation Consultation on the Merchant Shipping (Safety of Navigation) Regulations

Open consultation: Consultation on the Merchant Shipping (Safety of Navigation) Regulations

This consultation seeks views on a recast of The Merchant Shipping (Safety of Navigation) Regulations 2002.

The purpose of the proposed Regulations is to update the UK’s transposition of Chapter V (Safety of Navigation) of the International Maritime Organization’s (IMO) International Convention for the Safety of Life at Sea 1974 (SOLAS) in domestic law.

Also, it is proposed that they will introduce Ambulatory Reference with the Regulations to incorporate any future amendments to the technical standards in the Chapter into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

This consultation closes on 19 November 2018. Full details can be viewed here.

Source: MCA.

By WCS : 25 Sep 2018

Decommissioning onshore oil and gas wells drilled before 1 October 2013

Decommissioning onshore oil and gas wells drilled before 1 October 2013 (link)

This updated guidance explains the circumstances under which a mining waste permit may not be required when decommissioning a well drilled before 1st October 2013.

When decommissioning a well drilled before 1 October 2013, and if you comply with the conditions in this regulatory position statement (RPS), you will not need a mining waste permit to manage the extractive waste generated.

A permit is not required under these specific circumstances because the Environment Agency (EA) has issued this temporary RPS.

Source: EA

By WCS : 25 Sep 2018

ENERGY SAVINGS OPPORTUNITY SCHEME (ESOS) ESOS guidance notes for the offshore oil and gas industry

ENERGY SAVINGS OPPORTUNITY SCHEME (ESOS) ESOS guidance notes for the offshore oil and gas industry (link)

The Department for Business, Energy & Industrial Strategy (BEIS) has recently updated this Energy Savings Opportunity Scheme (ESOS) guidance.

ESOS is a mandatory energy assessment and energy saving identification scheme for large undertakings (and their corporate groups). The scheme applies to the offshore oil and gas industry operating on the United Kingdom Continental Shelf (UKCS).

The guidance in this document is specific for the offshore oil and gas industry on the UKCS.

Source: BEIS.

By WCS : 25 Sep 2018

Authorisation guide for radioactive substances activities

Authorisation guide for radioactive substances activities (link)

 This guide provides practical advice for any business carrying on, or intending to carry on, a radioactive substances activity in Scotland that SEPA regulate. It will help determine the level of authorisation required by explaining:

- the framework for authorising radioactive substances activities under Environmental Authorisations (Scotland) Regulations 2018 (EASR);

- the radioactive substances activities SEPA regulate under EASR; and

- the type of authorisation needed for each activity.

This guide also provides information on:

- the radioactive substances activities that have specific requirements for the fit and proper person assessment that SEPA carry out and what these are; and

- the radioactive substances activities that SEPA will always consult the public on when it receives an application for a permit.

Source: SEPA.

By WCS : 24 Sep 2018

EH40/2005 Workplace Exposure Limits

EH40/2005 Workplace Exposure Limits (link)

The Health & Safety Exective (HSE) has published this 2018 edition of guidance containing the list of workplace exposure limits (WELs) for use with the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

This edition replaces the previous version, first published in 2011 and takes account of the new limits for substances listed in Directive 2017/164/EU, the fourth Indicative Occupational Exposure Limit Values (IOELV) Directive. This edition also reintroduces the biological monitoring guidance values in Table 2 for chlorobenzene, isocyanates and 4,4-methylenedianiline which were omitted from the previous edition.

Source: HSE.

By WCS : 24 Sep 2018

Recognition of seafarer certificates of competency if there’s no Brexit deal

Recognition of seafarer certificates of competency if there’s no Brexit deal (link)

The Department for Transport (DfT) has published this guidance regarding how seafarers would be affected if the UK leaves the EU with no deal.

The guidance addresses how this would affect:

 - UK trained seafarers working on board EU flagged vessels

 - EU trained seafarers working on board UK flagged vessels.

Source: DfT.

By WCS : 18 Sep 2018

Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal

Industrial emissions standards (‘best available techniques’) if there’s no Brexit deal (link)

The Department for Environment, Food & Rural Affairs (DEFRA) has issued this guidance to advise businesses how they would be affected by a 'no-deal' Brexit with regard to the Best Available Technique (BAT) regime.

Source: DEFRA.

By WCS : 18 Sep 2018

'No Deal' Brexit - Oil & Gas and Environmental Guidance

'No Deal' Brexit - Oil & Gas and Environmental Protection Guidance

The Department for Business, Energy & Industrial Strategy (BEIS) and the Department for Environment, Food & Rural Affairs (DEFRA) have published the below guidance to advise industry in the event of a 'no-deal' Brexit.

 - Running an oil or gas business if there’s no Brexit deal

 - Using and trading in fluorinated gases and ozone depleting substances if there’s no Brexit deal

 - Upholding environmental standards if there’s no Brexit deal

Source: BEIS/DEFRA.

By WCS : 13 Sep 2018

Guidance on Who Can Hold an Authorisation: 'In Control' & 'Fit and Proper Person' Tests

Guidance on Who Can Hold an Authorisation: 'In Control' & 'Fit and Proper Person' Tests (link)

This guidance is for any person who applies for, or holds, a permit or registration under the Environmental Authorisations Regulations (Scotland) 2018. It explains how SEPA will decide whether you are 'in control' of the regulated activity and whether you are a 'fit and proper person' (FPP) to hold or continue to hold an environmental authorisation.

Source: SEPA.

By WCS : 13 Sep 2018

SAFETY BULLETIN 12 - Accidental CO2 releases onboard 2 UK Merchant Vessels

SAFETY BULLETIN 12 - Accidental CO2 releases onboard 2 UK Merchant Vessels (link)

The Maritime & Coastguard Agency (MCA) is aware of two serious and potentially near-fatal accidental CO2 releases on UK ships in the last two years. In both cases the CO2 leaked from the manifold into the CO2 room. In both cases the remote release valves were untouched and the CO2 alarms operated, alerting the crew and averting fatalities. However, these incidents follow a concerning pattern of similar incidents. The MCA remind operators that CO2 is highly asphyxiating, a 9% concentration causes unconsciousness within minutes and 17% causing death within just a couple of minutes. CO2 is also both colourless and odourless.

Source: MCA.

By WCS : 12 Sep 2018

SI 2018/980 The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018

SI 2018/980 The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (link)

The purpose of this statutory instrument is threefold. Firstly, it makes amendments consequential on the transfer of functions for onshore petroleum licensing currently exercised by the Oil and Gas Authority or the Secretary of State to Welsh Ministers, as provided for by section 23 of, and Schedule 6 to, the Wales Act 2017. Secondly, it prescribes the model clauses relating to reserved matters which are to be included in petroleum licences granted by Welsh Ministers. Thirdly, it amends the Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 in order to reinstate licence clauses relating to the measurement of petroleum and keeping of accounts which are necessary for Scottish Ministers to perform their devolved functions relating to onshore petroleum licensing.

Source: HMSO.

By WCS : 12 Sep 2018

GUIDANCE NOTE FOR OPERATORS – OFFSHORE OIL AND GAS SECTOR Update on Marine Planning in the UK

GUIDANCE NOTE FOR OPERATORS – OFFSHORE OIL AND GAS SECTOR Update on Marine Planning in the UK (link)

The Department for Business, Energy and Industrial Strategy (BEIS) has redrafted and reissued this marine planning guidance.

This guidance is intended to provide an update to the offshore oil and gas sector (which includes gas storage and offloading, and carbon capture and storage) on the marine planning process throughout the UK, including the current status of the development of marine plans for England, Scotland, Wales and Northern Ireland. It also aims to provide specific advice with regard to the consideration that should be given to the adopted marine plans within any applications containing an environmental impact assessment submitted to the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED), of BEIS, relating to proposals to be undertaken within an adopted marine plan area or where the proposals are likely to affect an adopted marine plan area.  

Source: BEIS.

By WCS : 12 Sep 2018

MGN 593 M F Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended Implementation of Directive 2017 164 EU - 4th IOELV Directive

MGN 593 M F Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 as amended Implementation of Directive 2017 164 EU - 4th IOELV Directive (link)

This guidance note relates to a new list of Indicative Occupational Exposure Limit Values (IOELVs). Directive 2017/164/EU 4th list (IOELVs) comes into force on 21 August 2018, which introduces new and amended IOELVs for 31 substances.

Source: MCA.

By WCS : 28 Aug 2018

SI 2018/942 The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018

SI 2018/942 The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (link)

These Regulations make amendments to a number of pieces of legislation within the remit of the Department for Environment, Food and Rural Affairs.

These include:

The Environmental Protection Act 1990

The Environment Act 1995

The Pollution Prevention and Control Act 1999

The Marine and Coastal Access Act 2009

The Environmental Information Regulations 2004

The Marine Works (Environmental Impact Assessment) Regulations 2007

The Batteries and Accumulators (Placing on the Market) Regulations 2008

The Waste Batteries and Accumulators Regulations 2009

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

The Marine Strategy Regulations 2010

The Marine Licensing (Exempted Activities) Order 2011

The Controlled Waste (England and Wales) Regulations 2012

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012

The Waste Electrical and Electronic Equipment Regulations 2013

The Environmental Damage (Prevention and Remediation) (England) Regulations 2015

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

The Water Abstraction and Impounding (Exemptions) Regulations 2017

Source: HMSO.

By WCS : 27 Aug 2018

OGA: New Provider for Energy Portal Queries

OGA: New Provider for Energy Portal Queries (link)

The UK Energy Portal service desk is being outsourced to the OGA’s third party provider, Fivium Ltd, to handle all the first line technical queries, questions and requests for Portal applications.

The Portal allows the UK Energy Industry to apply for and receive consent or direction electronically on a wide range of activities relating to hydrocarbon exploration, production, development, decommissioning and the protection of the environment. 

The transition to the new service will take place on Monday 3rd September 2018.

Contact to the Portal Service Desk will remain the same as it currently is by emailing UKOP@ogauthority.co.uk or calling 0300 067 1682. Your email will be sent to Fivium which will automatically create a JIRA ticket for your query. Fivium will also answer all telephone queries.

To ensure the process works efficiently please use the UKOP@ogauthority.co.uk email address and NOT any OGA personal email addresses.

If your query is business related and not technical, Fivium will forward this onto the OGA or BEIS subject matter expert (SME) to answer for you. If your query is technical, Fivium will investigate, escalate and/or resolve where appropriate.

As the Portal Service Desk is being outsourced, there are a few changes to the creation of new user accounts and resetting of user account passwords - please see below the details:

 - The Security Question/Answer and Date of Birth feature will be retired to comply with GDPR.

 - As a result, the “forgotten my password” screen has been updated - this will now send the user an email to the address registered to their Portal account with a secure temporary link that will allow the user to reset their password.

 - The introduction of Self-Registration to every application on the Portal will be made possible to provide the minimum self-registration details and allow a Portal account to be created. This account will not be in any teams or groups or have permissions allocated to them. That is still the responsibility of the Team Coordinator and/or Group Access Manager.

 - If you have any queries, please feel free to contact the UK Energy Portal Service Desk.

Source: OGA.

By WCS : 27 Aug 2018

SI 2018/939 The Export Control (Amendment) (No. 2) Order 2018

SI 2018/939 The Export Control (Amendment) (No. 2) Order 2018 (link)

This Order amends the Export Control Order 2008. The 2008 Order contains export, transfer, trade and technical assistance controls on military and dual-use and certain other goods and technology. The 2008 Order also contains licensing provisions and sets out the offences and penalties for breach of the controls (except for offences relating to exportation out of the United Kingdom without a licence which are dealt with in the Customs and Excise Management Act 1979).

Source: HMSO.

By WCS : 24 Aug 2018

Marine Pollution Contingency Plan

Marine Pollution Contingency Plan (link)

The Marine Management Organisation (MMO) has redrafted and issued this Marine Pollution Contingency Plan.

The plan specifies:

- the MMO support to response to major marine pollution incidents

- the MMO's statutory role regarding the use of oil treatment products in responding to oil spills.

As a non-departmental public body, the MMO takes direct responsibility for maintaining and implementing this plan.

The plan will be reviewed regularly. The Department for Environment, Food and Rural Affairs (Defra), Maritime and Coastguard Agency (MCA) and Department of Business, Energy and Industrial Strategy (BEIS) will be notified of any changes to this plan. 

Source: MMO.

By WCS : 15 Aug 2018

OGA: Disclosure of Information and Samples Regulations

OGA: Disclosure of Information and Samples Regulations (link)

Following debates in Parliament last month, regulations governing the disclosure of petroleum-related information and samples by the Department for Business, Energy and Industrial Strategy (BEIS) come into effect today, 13th August.

The Oil and Gas Authority (Offshore Petroleum) Disclosure of Protected Material after Specified Period Regulations 2018 are the final set of provisions relating to information and samples under the Energy Act 2016 ensuring one of the key recommendations of the 2014 final report from the UKCS Maximising Recovery Review by Sir Ian Wood is fulfilled - the timely and transparent access to petroleum related information and samples to support the maximum economic recovery of petroleum.

The regulations aim to provide clarity on the types of information and samples that can be disclosed, the period the information and samples remain protected before disclosure and the events that determine the start of that period.

The information and sample types in scope, include those relating to wells drilled, geophysical surveys, production data, subsurface reports, computerised models and information about infrastructure and pipelines. Some information types have never previously been disclosed by the regulator; where they have, in most cases disclosure can occur earlier than under existing arrangements.

Source: OGA.

By WCS : 13 Aug 2018

OGA response to the consultation on the Assessment of Licensee Financial Capability

OGA response to the consultation on the Assessment of Licensee Financial Capability

The OGA consulted on the guidance it uses to assess a licensee's financial capability at the time of a licensing event offshore and onshore.

The consultation has now closed. Full details can be found here.

Source: OGA.

By WCS : 09 Aug 2018

Update – Nominations for additional blocks (31st Offshore Licensing Round)

Update – Nominations for additional blocks (31st Offshore Licensing Round) (link)

As part of the 31st Offshore Licensing Round, the Oil and Gas Authority (OGA) offered companies the opportunity to propose additional blocks in more mature areas, for possible inclusion where applicants intend to commit to a substantial firm work programme.

The OGA has considered the proposals received and has added a further 13 blocks or part-blocks to the acreage available for applications in the 31st Offshore Licensing Round.

Source: OGA.

By WCS : 09 Aug 2018

OGA: Guidance on requirements for the planning for Cessation of Production

OGA: Guidance on requirements for the planning for Cessation of Production (link)

This guidance is intended to assist field operators and licensees involved in the planning for CoP from a field, a group of fields, an asset within a field (e.g. a platform) or a field acting as a hub. It covers the following:

- An overview of the OGA's requirements and considerations relevant to CoP

- The process to be followed by licensees in late field life leading to CoP

- The content and submission of a CoP document by the field operator

- It explains how the OGA will respond, generally by objecting, or not objecting, to the proposed CoP.

This guidance does not address decommissioning planning and decommissioning execution; guidance on this can be found in the Decommissioning roadmap.

In addition, this guidance does not address the requirements for any temporary suspension of production. Licensees should contact the OGA to discuss the process to be followed if they intend to suspend production temporarily from a field, a group of fields, an asset within a field or a hub.

Source: OGA.

By WCS : 31 Jul 2018

THE ENVIRONMENTAL REGULATION (SCOTLAND) CHARGING SCHEME 2018

THE ENVIRONMENTAL REGULATION (SCOTLAND) CHARGING SCHEME 2018 (link)

This document sets out SEPA's charging scheme for certain services provided in the course of carrying out its functions.

Source: SEPA.

By WCS : 27 Jul 2018

SI 2018/898 The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018

SI 2018/898 The Oil and Gas Authority (Offshore Petroleum) (Disclosure of Protected Material after Specified Period) Regulations 2018 (link)

These Regulations specify the time at, or after which, protected material (as defined in section 62(1) of the Energy Act 2016) which has been obtained by the Oil and Gas Authority under Chapter 3 of Part 2 of that Act (offshore petroleum-related information and samples) may be published (or otherwise made available) by it or a subsequent holder.

Regulations 2 and 3 set out how the Regulations apply. Material falling within regulations 5 to 7 is only subject to the Regulations if the end of the calendar year in which the information was acquired or created (by or on behalf of an offshore licensee, as defined in section 18(1) of the Energy Act 2016) occurs after the commencement of the Regulations (regulation 2(a)). Material falling within regulations 8 to 21 is subject to the Regulations where the event which under the Regulations determines the time at, or after which, the material may be published occurs after the commencement of the Regulations (regulation 2(b)). Where the determination of an offshore licence (as defined in section 18(1) of the Energy Act 2016) determines when protected material may be published under these Regulations and the determination relates to only part of the area in respect of which the licence was granted, only material relating to that part may be published unless that is the only area in respect of which the licence continued to have effect (regulation 3).

Source: HMSO.

By WCS : 26 Jul 2018

Ballast water management convention D2 implementation schedule table

Ballast water management convention D2 implementation schedule table (link)

This document is provided as a guide to the implementation schedule for the Ballast Water Management convention.

Source: MCA.

By WCS : 26 Jul 2018

Open Consultation: Improving protection given to Priority Marine Features outside the Marine Protected Area network

Open Consultation: Improving protection given to Priority Marine Features outside the Marine Protected Area network

Marine Scotland has launched a consultation seeking views on the scope of a project to improve protection given to PMFs outside the MPA network.

This consultation closes on 31 August 2018. Full details can be viewed here.

Source: Marine Scotland.

By WCS : 23 Jul 2018

Open consultation: Inclusion of shale gas production projects in the Nationally Significant Infrastructure Project (NSIP) regime

Open consultation: Inclusion of shale gas production projects in the Nationally Significant Infrastructure Project (NSIP) regime (link)

This initial consultation initialted by the Department for Business, Energy & Industrial Strategy (BEIS) is intended to gather views from industry, regulators and other interested parties on the timings and criteria for including shale gas production projects in the Nationally Significant Infrastructure Project (NSIP) regime under the Planning Act 2008.

BEIS encourage responses to this consultation from the following in particular:

 - onshore oil and gas operators with an interest in developing shale gas production sites

 - anyone conducting research or providing advisory services relating to the exploration and development of shale gas resources

 - industry bodies, groups or individuals with an interest in the production of onshore shale gas

 - regulators dealing with the use, management and protection of onshore shale gas resources

 - planning authorities responsible for plan-making and decision taking in relation to planning applications for shale gas projects.

Source: BEIS.

By WCS : 20 Jul 2018

SI 2018/841 The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018

SI 2018/841 The CRC Energy Efficiency Scheme (Revocation and Savings) Order 2018 (link)

This Order revokes in the United Kingdom the CRC Energy Efficiency Scheme Order with savings (article 3(1) and (2)). It also makes amendments to the 2013 Order to the extent that it continues to operate by virtue of those savings (Schedule 1); and amends the CRC Energy Efficiency Scheme Order to the extent that it continues to operate following its revocation, with savings, by the 2013 Order (Schedule 2). Both the 2013 Order and the 2010 Order established an emissions trading scheme which applies to direct and indirect emissions from supplies of electricity and gas by public bodies and undertakings.

Source: HMSO.

By WCS : 20 Jul 2018

SI 2018/850 The Marine Licensing (Application Fees) (Amendment) Regulations 2018

SI 2018/850 The Marine Licensing (Application Fees) (Amendment) Regulations 2018 (link)

These Regulations amend the Marine Licensing (Application Fees) Regulations 2014, which prescribe the fees payable in relation to marine licence applications where the Secretary of State is the appropriate licensing authority under the Marine and Coastal Access Act 2009 (other than any application relating to an activity specified in the exception to regulation 3 of the Fees Regulations).

Source: HMSO.

By WCS : 20 Jul 2018

MMO: Closed consultation - Marine licensing application fees: proposed changes 2017

MMO: Closed consultation - Marine licensing application fees: proposed changes 2017

The Marine Management Organisation (MMO) sought views on its proposals to revise marine licensing application fees.

These fees apply to England, Wales and Northern Ireland offshore marine areas. The MMO believed the changes were needed to ensure application fees reflect the cost it incurs managing applications.

The MMO also sought views on plans to introduce an online self-service portal.

This consultation has now closed. Full details can be viewed here.

Source: MMO.

By WCS : 19 Jul 2018

Waste Classification - Guidance on the classification and assessment of waste

Waste Classification - Guidance on the classification and assessment of waste (link).

This guidance explains how to assess if the waste displays a hazardous property and how to classify it.

Source: EA.

By WCS : 19 Jul 2018

Ship Security

Ship Security (link)

This guide explains how maritime security is managed in the UK, how security measures are applied and how you should comply with them. It also provides guidance on how to deal with stowaways and deter acts of violence against merchant ships, such as piracy and armed robbery.

Source: MCA.

By WCS : 18 Jul 2018

OPRED OFFSHORE CHEMICAL REGULATIONS (OCR) NON-COMPLIANCE NOTIFICATION FORM

OPRED OFFSHORE CHEMICAL REGULATIONS (OCR) NON-COMPLIANCE NOTIFICATION FORM (link)

OPRED has isssued this pro-forma, which was previously a DECC document.

The form is for reporting any chemical use or discharge made without a permit being granted, or any identified non-compliance against the terms and conditions included in a previously granted chemical permit as per The Offshore Chemicals Regulations 2002 as amended.

Source: BEIS/OPRED.

By WCS : 17 Jul 2018

Consultation Ended: Charges for RSA under the new Environmental Authorisations (Scotland) Regulations

Consultation Ended: Charges for RSA under the new Environmental Authorisations (Scotland) Regulations

This consultation set out proposed changes in the charging scheme to allow the implementation of the Environmental Authorisations (Scotland) Regulations (EASR) for radioactive substances activities (RSA).

This consultation ended on 16 July 2018. Full details can be found here

Source: SEPA.

By WCS : 17 Jul 2018

GUIDANCE ON OPRED OFFSHORE CHEMICAL REGULATIONS (OCR) NON-COMPLIANCE NOTIFICATION FORM

GUIDANCE ON OPRED OFFSHORE CHEMICAL REGULATIONS (OCR) NON-COMPLIANCE NOTIFICATION FORM (link)

This document sets out guidance on the Offshore Chemical Regulations (OCR) compliance notification form.

Source: BEIS/OPRED.

By WCS : 16 Jul 2018

European Union Emissions Trading System (EU ETS) Regulatory guidance for installations (including excluded installations)

European Union Emissions Trading System (EU ETS) Regulatory guidance for installations (including excluded installations) (link)

The Environment Agency (EA) has produced this guidance to help those operating or regulating activities covered by the Greenhouse Gas Emissions Trading Scheme Regulations 2012 SI 2012 No. 3038 (the Regulations). The document:

- Describes the main provisions of the Regulations and sets out the regulators’ understanding of the Department for Business, Energy and Industrial Strategy’s (BEIS) views on how the Regulations should be applied and how particular provisions should be interpreted;

- Incorporates the contents of ‘Guidance Note 3 – Government Guidance for Operators on Inclusion Criteria for Phase III (2013-2020)’, which was previously available through the regulators’ websites.

- Sets out the regulators’ understanding of BEIS’s views on how particular provisions in relevant European Commission legislation should be interpreted; namely Commission Decision 2011/278/EU (the Free Allocation Decision), Commission Regulation (EU) No 389/2013 (the Registries Regulation 2013), Commission Regulation (EU) No 601/2012 (the Monitoring and Reporting Regulation) and Commission Regulation (EU) No 600/2012 (the Verification and Accreditation Regulation).

This guidance applies to Phase III of the EU ETS (which commenced on 1 January 2013) for installations only and excludes aviation, for which there is separate guidance.

Source: EA.

By WCS : 16 Jul 2018

Sites of Special Scientific Interest Guidelines Revised

Sites of Special Scientific Interest Guidelines Revised (link)

JNCC is in the process of revising Guidelines for selection of biological sites of special scientific interest (SSSIs). A number of newly-revised Chapters have recently been published.

The Guidelines for the Selection of Biological SSSIs provide a consistent rationale for the evaluation and selection of biological SSSIs throughout Great Britain.

The recently revised Chapters are:

 - Chapter 2 Woodlands

 - Chapter 4 Lowland heathland

 - Chapter 6 Freshwater habitats

 - Chapter 12 Bryophytes

 - Chapter 13 Lichens and lichenicolous fungi and associated Appendix

 - Chapter 14 Fungi (non-lichenised)

 - Chapter 19 Freshwater and estuarine fish.

Further Chapters are subject to revision and these will be published when ready. Please note that minor changes to the updated chapters might be made in the future, to deal with consistency issues and to take account of new information.

Source: JNCC.

By WCS : 16 Jul 2018

Marine Monitoring Platform Guidelines - Remotely Operated Vehicles for use in marine benthic monitoring

Marine Monitoring Platform Guidelines - Remotely Operated Vehicles for use in marine benthic monitoring (link)

This procedural guideline provides general guidance on the use of ROVs and includes information on equipment, survey planning and general costs of using ROV for surveys and monitoring.

Remotely operated vehicles (ROVs) are a powerful tool to survey and monitor benthic habitats and species, especially in depths beyond the range of SCUBA divers. Their maneuverability and realtime visualisation (through stills and video) means that operators can use them effectively to investigate the seabed with greater control of observations than would be achieved with towed or drop-down video camera frame.

Source: JNCC.

By WCS : 16 Jul 2018

MIN 569 (M+F) Ballast Water Management - The International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004.

MIN 569 (M+F) Ballast Water Management - The International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (link)

This Marine Information Note provides details on where to find updated information regarding the Ballast Water Management Convention and its implementation within the UK.

Source: MCA.

By WCS : 12 Jul 2018

Guidance - Environmental permitting charges guidance

Guidance - Environmental permitting charges guidance (link)

This document provides guidance on the Environment Agency's (EA's) charges regarding its permitting regime.

This covers areas such as:

- Radioactive sources

- Waste

- Water

- Hydraulic fracturing (fracking)

- Noise

- Emissions

- Ship recycling.

Source: EA.

By WCS : 12 Jul 2018

The Environment Agency (Environmental Permitting) (England) Charging Scheme 2018

The Environment Agency (Environmental Permitting) (England) Charging Scheme 2018 (link)

This guidance sets out the Environment Agency's (EA's) scheme for charges to cover the costs of regulating certain activities, in England.

These cost relate to, among other things:

 - Permit administration

 - WEEE activities

 - Advice

 - Assessments.

Source: EA.

By WCS : 12 Jul 2018

31st Offshore Licensing Round opens up high-impact frontier regions

31st Offshore Licensing Round opens up high-impact frontier regions (link)

The Oil and Gas Authority (OGA) has launched the 31st Offshore Licensing Round, offering blocks in frontier areas of the UK Continental Shelf (UKCS).

A total of 1766 blocks (370,000 km2) of open acreage is now available across the West of Scotland, the East Shetland Platform, the Mid North Sea High, South West Britain and parts of the English Channel, covered by over 80,000 km of publicly-available seismic data generated through the 2015 and 2016 seismic programmes. This seismic data, together with supporting datasets and reports, were released in advance of the round.

This suite of exploration data packs and reports includes, regional geological maps for the Northern North Sea, East Shetland Platform and SW Approaches; final and interim products from the Frontier Basins Research programme; joined digital well logs; and a report on the hydrocarbon potential of the Liassic. Data and reports can be downloaded from the OGA Data Centre.

As a result of high levels of industry interest following the 30th Round, the OGA is also offering companies the opportunity to propose additional blocks in more mature areas, for possible inclusion where applicants intend to commit to a substantial firm work programme. Submissions should be made to the OGA in writing before 18 July 2019, with the OGA reserving the right to instead offer nominated blocks in a subsequent licence offering.

Companies have until 14:00 on 7th November 2018 to apply for blocks on offer in the 31st Round. Decisions are expected to be made as early as possible in the first half of 2019. The launch of this round follows the recent 30th Offshore Licensing Round which awarded 123 licences for 229 blocks or part blocks to 61 companies in mature areas of the UKCS during May 2018.

The next round, the 32nd Offshore Licensing Round is planned to open next summer 2019, and will focus on mature areas of the UKCS.

Source: OGA.

By WCS : 10 Jul 2018

Safety Alert: CEMHD 1 – 2018 - Personnel certification in non-destructive testing (PCN) scheme fraud

Safety Alert: CEMHD 1 – 2018 - Personnel certification in non-destructive testing (PCN) scheme fraud (link)

The British Institute of Non-Destructive Testing (BINDT) administer a widely accepted certification scheme for operator competence, the Personnel Certification in Non-Destructive Testing (PCN) system. Certification is given for traditional and more recently introduced testing techniques, and the scheme is accredited by the United Kingdom Accreditation Service. In June 2017, BINDT took action to correct a fraud that had been perpetrated by NDT International PTE Ltd (NDTI), a PCN-Authorised Qualifying Body (AQB) operating in India and elsewhere.

This affected the AQB, its managers and all PCN certificate holders that had acquired certificates through examinations conducted by NDTI. In all, over 3000 PCN certificate holders were affected; with most working in the oil and gas sector in the Middle East.

As a result, NDT International PTE Ltd’s Approved Training Organisation (ATO) and Authorised Qualifying Body (AQB) status was withdrawn at a number of locations and sites. BINDT also required the affected PCN certificate holders (mostly working in the oil & gas sector in the Middle East region) to submit to re-examination if they wished to reacquire their PCN certification.

BINDT subsequently indicated that, on 26 December 2017, all certificates affected by the NDT International PTE Ltd situation that were not successfully re-examined or granted an extension were withdrawn.

Source: HSE.

By WCS : 09 Jul 2018

EA: Open consultation - Standard rules consultation No. 16: changes to rules

EA: Open consultation - Standard rules consultation No. 16: changes to rules

The Environment Agency (EA) has launched a consultation seeking views regarding proposed to change standard rules for:

 - water discharges

 - materials recovery and recycling

 - waste electrical and electronic equipment

 - storage of electrical insulating oils

 - metal recovery/scrap metal

 - onshore oil and gas exploration and mining

 - clarification on distances from springs, wells or boreholes

This consultation closes on 20 September 2018. Full details can be viewed here.

Source: EA.

By WCS : 05 Jul 2018

SI 2018/797 The Scotland Act 2016 and Wales Act 2017 (Onshore Petroleum) (Consequential Amendments) Regulations 2018

SI 2018/797 The Scotland Act 2016 and Wales Act 2017 (Onshore Petroleum) (Consequential Amendments) Regulations 2018 (link)

These Regulations make amendments to the Petroleum Act 1998 which are necessary to give effect to the devolution of certain onshore petroleum licensing matters to Scottish Ministers.

The amendments relate to information and security for abandoned wells consequential on the devolution of onshore petroleum licensing functions to Scottish Ministers under section 48 of the Scotland Act 2016.

Source: HMSO.

By WCS : 05 Jul 2018

SI 2018/800 Offshore Environmental Civil Sanctions Regulations 2018

SI 2018/800 Offshore Environmental Civil Sanctions Regulations 2018 (link)

These Regulations give the Secretary of State the power to impose civil sanctions by way of fixed and variable monetary penalties on persons in respect of certain criminal offences under the following—

- the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998

- the Offshore Chemicals Regulations 2002

- the Offshore Installations (Emergency Pollution Control) Regulations 2002

- the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

- the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013.

The offences, which are set out in the Schedule to these Regulations, are enforced by OPRED/BEIS. For some offences, the Secretary of State may impose either a fixed or a variable monetary penalty; for others, only one of the penalties is available.

The Secretary of State must publish guidance about the use of the powers to impose fixed and variable monetary penalties and non-compliance penalties and must have regard to the guidance in exercising functions under these Regulations (see regulation 20). In addition, Section 64 of the Regulatory Enforcement and Sanctions Act 2008 requires the Secretary of State to publish enforcement guidance.

The Secretary of State must from time to time publish a report specifying the cases in which the civil sanctions have been imposed (see regulation 21).

Source: HMSO.

By WCS : 04 Jul 2018

OGA: Consolidated Onshore Guidance - Revised

OGA: Consolidated Onshore Guidance - Revised (link)

Following on from a revision in March 2018, this guidance consolidates previously available guidance and sets out how the OGA will normally consider stated matters. It is not a substitute for any regulation or law and is not legal advice. It is intended that the guidance will be kept under review and be revised as appropriate in the light of experience and developing law and practice and any change to the OGA's powers and responsibilities. If the OGA changes its guidance in a material way, it will publish a revised document.

Source: OGA.

By WCS : 04 Jul 2018

SI 2018/807 The Offshore Installations (Safety Zones) Order 2018

SI 2018/807 The Offshore Installations (Safety Zones) Order 2018 (link)

Article 2 of this Order establishes, under section 22 of the Petroleum Act 1987, safety zones having a radius of 500 metres from the specified point around the 38 installations (which are subsea installations) specified in the Schedule to this Order stationed, or to be stationed, in waters to which section 21(7) of that Act applies (these include territorial waters and waters in areas designated under section 1(7) of the Continental Shelf Act 1964 (c. 29)).

An automatic safety zone is currently established around the installations set out in the table below. It is intended that these installations will be dismantled by the end of 2018. In accordance with section 21(3) of the Petroleum Act 1987, an automatic safety zone will cease to apply to an installation which does not project above the sea at any state of the tide or to which an order made under section 22 of that Act applies. In order to maintain a safety zone around the installations in the table below as they are dismantled and when they do not project above the sea level at any state of the tide, the automatic safety zones will be replaced and replicated by the safety zones made by this order.

For a full list of the installations on station, and not on station, at the time of this order, please see the full document linked above.

Source: HMSO.

By WCS : 04 Jul 2018

SI 2018/798 The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018

SI 2018/798 The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (link)

These Regulations amend the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013 to transpose obligations in EU Directive 2015/2193 on the emissions of certain pollutants (the MCPD) and in Part III of Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (Recast) (the IED), insofar as those obligations apply to offshore combustion installations.

Regulation 3 inserts new definitions and amends certain existing definitions. Regulation 4 provides that two or more medium combustion plant must be treated as a single medium combustion plant in certain circumstances.

Regulation 5 provides that no medium combustion plant brought into operation after 20th December 2018 can operate without a permit. In relation to plant already in operation as at that date, those with a rated thermal input above 5 megawatts are brought within the permitting regime from 1st January 2024, and those with a rated thermal input of 1 to 5 megawatts are brought within the permitting regime from 1st January 2029. The amendments require medium combustion plant to comply with emission limit values for sulphur dioxide, nitrogen oxides and dust, subject to specified exceptions.

Regulation 7 provides that an application for a permit for a medium combustion plant must include certain information.

Regulation 15 provides that conditions must be set in a permit for a medium combustion plant to secure certain specified matters and to assess compliance with relevant emission limit values. The Secretary of State may also include such other conditions as the Secretary of State thinks fit.

Regulations 6, 8, 9, 10, 12, 14, 16 and 17 amend existing provisions so that they apply only to large combustion installations.

Regulation 18 inserts new provisions to secure compliance with the IED by large combustion plant, set emission limit values for medium combustion plant and make provision in respect of exceptions, temporary derogations, the simultaneous use of fuels and compliance.

Regulations 19, 21 and 22 make further amendments to existing provisions relating to the variation of operations and variation and review of permits so that they apply only to large combustion installations.

Regulations 20 and 23 insert new provisions for the variation of operations and variation and review of permits for medium combustion plant.

Regulations 24 to 26 amend certain provisions in order to limit their application to large combustion installations only.

Regulations 27 and 28 amend certain provisions in order to limit their application to large combustion installations only.

Regulation 29 inserts provision for a register of medium combustion plant.

Regulation 30 makes provision for further fees to be charged in relation to certain activities.

Regulation 31 amends provision in relation to information notices and reporting.

Regulations 32 to 36 make amendments in order to limit the application of certain provisions to large combustion installations only.

Source: HMSO.

By WCS : 04 Jul 2018

SSI 2018/219 The Environmental Authorisations (Scotland) Regulations 2018

SSI 2018/219 The Environmental Authorisations (Scotland) Regulations 2018 (link)

These Regulations are made under sections 18 and 58 of the Regulatory Reform (Scotland) Act 2014. They provide a framework for the authorisation of environmental activities (which are defined as regulated activities and currently include only radioactive substances activities) in Scotland. They repeal the Radioactive Substances Act 1993, and provide a new regulatory framework for radioactive substances activities.

These Regulations transpose provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

A registration or authorisation under the Radioactive Substances Act 1993 is deemed to be an authorisation. Activities which are not regulated under the Radioactive Substances Act 1993 but which are radioactive substances activities under these Regulations will generally require an authorisation by the date falling after the end of a period of 6 months from the date these Regulations come into force.

Source: HMSO.

By WCS : 03 Jul 2018

SSI 2018/192 The Regulatory Reform (Specification of Basic Safety Standards Directive) (Scotland) Order 2018

SSI 2018/192 The Regulatory Reform (Specification of Basic Safety Standards Directive) (Scotland) Order 2018 (link)

This Order designates Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom as an EU instrument that is an EU obligation relating to protecting and improving the environment for the purposes of paragraphs 22(1)(b) of schedule 2 of the Regulatory Reform (Scotland) Act 2014.

 Schedule 2 of the 2014 Act specifies particular purposes for which provision may be made by way of regulations under section 18 of the 2014 Act for the purposes of protecting and improving the environment. Paragraph 22(1)(b) enables the making of provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 in connection with an EU obligation relating to protecting or improving the environment. Paragraph 30 allows the Scottish Ministers, for the purposes of paragraph 22(1)(b), to specify an EU instrument as one that is or contains an EU obligation mentioned in paragraph 22(1)(b).

 The effect of the specification is to enable the powers in the 2014 Act to be used to transpose the Directive.

Source: HMSO.

By WCS : 03 Jul 2018

Consultation: Charges for RSA under the new Environmental Authorisations (Scotland) Regulations

Consultation: Charges for RSA under the new Environmental Authorisations (Scotland) Regulations

This consultation sets out the proposed changes in the charging scheme to allow the implementation of the Environmental Authorisations (Scotland) Regulations (EASR) for radioactive substances activities (RSA).

The consultation ends on 16 July 2018. Full details can be found here

Source: SEPA.

By WCS : 22 Jun 2018

MSN 1874 (M F) Amendment 2 Marine Equipment - The Marine Equipment Directive, Other Approval and Standards

MSN 1874 (M F) Amendment 2 Marine Equipment - The Marine Equipment Directive, Other Approval and Standards (link)

This Notice, along with the Merchant Shipping (Marine Equipment) Regulations 2016 transpose the recast Marine Equipment Directive (Directive 2014/90/EU) into UK law.

The objective of the Marine Equipment Directive is to enhance safety at sea and prevention of pollution to the marine environment through the uniform application of the relevant international instruments relating to equipment to be placed on board ships registered with a Member State of the EU.

This Notice gives technical information and guidance about the procedures for obtaining type approval in conformity with the Marine Equipment Directive and other UK procedures for type approval by Notified and Nominated Bodies, respectively. It also gives information regarding the United Kingdom's policy for enforcing these requirements, and other standards to be applied to equipment on board United Kingdom ships.

Source: MCA.

By WCS : 20 Jun 2018

METHODOLOGY FOR THE SAMPLING AND ANALYSIS OF PRODUCED WATER AND OTHER HYDROCARBON DISCHARGES

METHODOLOGY FOR THE SAMPLING AND ANALYSIS OF PRODUCED WATER AND OTHER HYDROCARBON DISCHARGES (link)

This guidance document sets out the methodology for the sampling and analysis of produced water and other hydrocarbon discharges.

The methodology includes the OSPAR Reference Method and the BEIS Infrared/Tetrachloroethylene (IR) Method.

Source: BEIS.

By WCS : 20 Jun 2018

2018/852 amending Directive 94/62/EC on packaging and packaging waste

2018/852 amending Directive 94/62/EC on packaging and packaging waste (link)

This Directive amends the targets laid down in Directive 94/62/EC for the recovery and recycling of packaging and packaging waste by increasing the recycling of packaging waste to make the targets better reflect the Union’s ambition to move to a circular economy.

Source: EC.

By WCS : 20 Jun 2018

2018/849 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

2018/849 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment (link)

This Directive amends Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment.

The amendments include changes to details of the powers of the Commission, duties placed upon Member States and on transposition requirements.

Source: EC.

By WCS : 19 Jun 2018

UK National Standard for Marine Oil Spill Response Organisations

UK National Standard for Marine Oil Spill Response Organisations (link)

This document outlines the MCA and BEIS' agreed minimum standard for Oil Spill Response Organisations (OSROs). The Standard can only be applied by MCA or BEIS approved accreditation bodies in their accreditation of OSROs for contracts held with UK ports, harbours, oil handling facilities and offshore installations. In their approval of OSCPs and OPEPs, the MCA and BEIS will only recognise OSROs accredited under approved schemes which apply the Standard.

Source: MCA/BEIS.

By WCS : 19 Jun 2018

Defra announce six-week consultation on the third Tranche of Marine Conservation Zones

Defra announce six-week consultation on the third Tranche of Marine Conservation Zones (link)

The Department for Environment, Food & Rural Affairs (Defra) has launched a six-week consultation on the third tranche of Marine Conservation Zones, which will close on Friday 20th July 2018.

Further information is available on the Defra website. A shapefile of those sites being consulted upon is available to download from the Natural England website.

JNCC’s advice on offshore Marine Conservation Zones (MCZs) considered for designation in 2018 as part of Tranche Three is available to download.

Source: Defra.

By WCS : 18 Jun 2018

SI 2018/695 The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018

SI 2018/695 The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (link)

These Regulations amend the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and the Infrastructure Planning (Environmental Impact Assessment) Regulation 2017 to correct minor drafting defects identified in those instruments.

Additionally, these Regulations amend the Town and Country Planning (Development Management Procedure) (England) Order 2015, and the Town and Country Planning (General Permitted Development) (England) Order 2015 to correct the effect of minor defects in the amendments made by S.I. 2017/571.

Source: HMSO.

By WCS : 18 Jun 2018

MSN 1848 (M) Amendment 2 Maritime Labour Convention, 2006 Survey and Certification of UK Ships

MSN 1848 (M) Amendment 2 Maritime Labour Convention, 2006 Survey and Certification of UK Ships (link)

The purpose of this Merchant Shipping Notice (MSN) is to give details of arrangements for the survey, inspection and certification of seafarers' working and living conditions on UK ships, in accordance with the Maritime Labour Convention, 2006 (MLC) under the Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013, and provide appropriate guidance.

MSN 1848 (M) Amendment 2 includes the amendments to the MLC adopted by the ILO in June 2014, including the format for the updated DMLC Part 1 and Part 2.

Source: MCA.

By WCS : 18 Jun 2018

European Union Emissions Trading System (EU ETS) Phase III - Guidance for installations

European Union Emissions Trading System (EU ETS) Phase III - Guidance for installations (link)

This guidance has been produced to assist both existing and new operators in the EU ETS as well as participants in the Small Emitter and Hospital Opt-out Scheme1 understand the schemes and what they have to do to comply with them.

This guidance applies to installations only, excludes aviation activities (separate guidance is available for aircraft operators), and replaces previous guidance. It is amended to reflect the changes to requirements in the UK Regulations which came into force 27 December 2017.

It applies to:

- New Phase III greenhouse gas emissions permit applications

- Existing Phase III greenhouse gas emissions permit holders

- Existing excluded installation emissions permit holders.

It is essential that Greenhouse gas emissions permit holders report emissions and surrender sufficient allowances for each scheme year by the deadlines set out in their permits. These dates vary depending on the scheme year, so you must refer to Table 1 in the guidance to check the deadlines for reporting and surrender for each scheme year. Failure to comply with the requirements of EU ETS, especially failing to surrender allowances equal to your reportable emissions by the deadline may result in significant civil penalties.

Excluded installation emissions permit holders must submit their reports by 31 March each year for the preceding scheme year.

Source: EA.

By WCS : 08 Jun 2018

2018/773 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2017/306

2018/773 on design, construction and performance requirements and testing standards for marine equipment and repealing Implementing Regulation (EU) 2017/306 (link)

This Regulation sets out the design, construction and performance requirements and the testing standards provided for in the international instruments referred to in Directive 2014/90/EU.

This Regulation also repeals Regulation 2017/306 indicating design, construction and performance requirements and testing standards for marine equipment.

Source: EC.

By WCS : 04 Jun 2018

Guidance on the preparation and content of offshore oil and gas field development plans

Guidance on the preparation and content of offshore oil and gas field development plans (link)

The OGA has recently updated its guidance on the preparation and content of offshore oil and gas field development plans (FDPs) and FDP addenda.

Source: OGA.

By WCS : 04 Jun 2018

OGA: New consultation on guidance to assess a licensee's financial capability

OGA: New consultation on guidance to assess a licensee's financial capability

The OGA is consulting on the guidance it uses to assess a licensee's financial capability at the time of a licensing event offshore and onshore.

The consultation ends on Friday 29 June 2018. Full details can be found here.

Source: OGA.

By WCS : 04 Jun 2018

Open Consultation: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

Open Consultation: Consultation on recasting the Merchant Shipping (Prevention of Oil Pollution) Regulations

The Maritime and Coastguard Agency (MCA) has launched a consultation on recasting The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996.

The purpose of the proposed Regulations is to bring up to date the UK’s transposition of the International Maritime Organization’s (IMO) International Convention for the Prevention of Oil Pollution from Ships (MARPOL Annex I) into domestic law. At the same time, it is proposed that they will introduce Ambulatory Reference with the Regulations to incorporate any future amendments to the technical aspects of the Convention (the detail which is of a more technical nature) of MARPOL Annex I into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

The consultation opens on 04/06/18 and closes on 29/07/18. Full details can be found here.

Source: MCA.

By WCS : 01 Jun 2018

SD-2018/003 - Offshore Helicopter Operations – Vibration Health Monitoring

SD-2018/003 - Offshore Helicopter Operations – Vibration Health Monitoring (link)

The reason for the issue of this Safety Directive is because the CAA considers that it is in the interests of safe operations that UK registered helicopters conducting offshore operations in a hostile environment continue to be fitted with and operate Vibration Health Monitoring (VHM) equipment pending the full implementation of the revisions to Regulation (EU) No. 965/2012 (the Air Operations Regulation) contained within the new specific approval for offshore helicopters. This directive supersedes SD 2015/002 which is revoked.

Source: CAA.

By WCS : 01 Jun 2018

BEIS/OPRED - Change to Contact Details

BEIS/OPRED - Change to Contact Details

BEIS/OPRED has updated the contact details for its Business Support Team. The details are now:

 - Email: bst@beis.gov.uk

 - Telephone: (01224) 254138.

Source: BEIS/OPRED.

By WCS : 25 May 2018

OGA: Requirements for the planning of and consent to UKCS Field Developments

OGA: Requirements for the planning of and consent to UKCS Field Developments (link)

This guidance has been issued to support industry to deliver UK oil and gas field developments.

It has been created with industry’s input in order to help achieve consistent delivery of projects.

The guidance puts a strong emphasis on the benefits of early project planning and supply chain collaboration, including the use of Supply Chain Action Plans (SCAPs).

Source: OGA.

By WCS : 18 May 2018

Guidance on the Energy Savings Opportunity Scheme (ESOS)

Guidance on the Energy Savings Opportunity Scheme (ESOS) (link)

The Department for Business and Industrial Strategy (BEIS) has recently updated its guidance for the Energy Savings Opportunity Scheme (ESOS).

Source: BEIS.

By WCS : 17 May 2018

SI 2018/575 The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

SI 2018/575 The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (link)

These Regulations make amendments in relation to England to a number of pieces of secondary legislation within the remit of the Department for Environment, Food and Rural Affairs (DEFRA).

The Regulations make miscellaneous minor amendments to legislation relating to environmental protection, waste and water, in particular amending out of date references to domestic legislation and to EU instruments.

Source: HMSO.

By WCS : 17 May 2018

Retention of Information and Samples Guidance

OGA: Retention of Information and Samples Guidance (link)

This document provides guidance on The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018 made by the Secretary of State for Business, Energy and Industrial Strategy (BEIS) under Section 28(1) of the Energy Act 2016.

The regulations were laid before Parliament on 24 April 2018 and came into force on 14 May 2018.

This guidance aims to aid understanding and interpretation of the Regulations, and to provide technical detail on the categories of information and samples required to be retained under the Regulations. Accordingly, the focus of this document is what information and samples must be retained, by whom and for how long.

Other provisions of the Act, such as the reporting of information and samples to the OGA pursuant to a reporting notice issued under section 34 of the Act, and their subsequent disclosure by the OGA, are not in the scope of this guidance. The OGA intends to cover these in separate guidance documents to be published at a later date.

Source: OGA.

By WCS : 16 May 2018

HSE Diving Information Sheets - Updates

HSE Diving Information Sheets - Updates

The HSE have revised and reissued a number of its diving information sheets (DVISs).

DVISs number 5, 7, 9, have been significantly updated in consultation with industry. DVIS 12 and 13 incorporate minor updates to align with the current ACoPs.

The updated DVISs are:

- Diving Information Sheet No 5 Exposure limits for air diving operations

- Diving Information Sheet No 7 Bell run and lock-out times, and bell run times in relation to habitats

- Diving Information Sheet No 9 Diver’s breathing gas standard and the frequency of examination and tests

- Diving Information Sheet No 12 Cleaning of diving equipment

- Diving Information Sheet No 13 Differential pressure hazards in diving.

Source: HSE.

By WCS : 11 May 2018

2018/669 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures

2018/669 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (link)

This Regulation amends tables in Annex VI of Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures.

Source: EC.

By WCS : 10 May 2018

Consultation outcome: 30th Seaward Licensing Round Appropriate Assessment

Consultation outcome: 30th Seaward Licensing Round Appropriate Assessment

The Department for Business, Energy & Industrial Strategy (BEIS) ran a  consultation regarding 'Appropriate Assessment' (AA) covering the Blocks applied for in the 30th Seaward Licensing Round.

Following the announcement of the 30th Seaward Licensing Round by the Oil and Gas Authority (OGA), an initial screening assessment (including consultation with the statutory agencies/bodies) of the 821 Blocks offered was published in February 2018. The screening identified 304 whole or part Blocks as requiring further assessment (AA) prior to the OGA making a decision on whether to grant licences, should they be applied for.

Following the closing date for 30th Seaward Licensing Round applications, those Blocks identified as requiring further assessment (AA) were reconsidered against the list of actual applications. It was concluded that further assessment (AA) was required for 61 of the Blocks applied for. Due to the wide distribution of these Blocks in the UK Continental Shelf, the AAs are contained in four regional reports.

- Southern North Sea

- Central North Sea

- West of Shetland

- Irish Sea.

This consultation has now closed. Full details of the outcome can be viewed here.

Source: BEIS.

By WCS : 10 May 2018

OGA: MER UK Annual Update 2017

OGA: MER UK Annual Update 2017 (link)

This document is the second annual update summarising the work of the Maximising Economic Recovery (MER) UK Task Forces and the MER UK Steering Group which report into the MER UK Forum. These groups play a role in helping to deliver MER UK.

Source: OGA.

By WCS : 10 May 2018

Managing offshore shift work and fatigue risk - Offshore Information Sheet 1/2018

Managing offshore shift work and fatigue risk - Offshore Information Sheet 1/2018 (link)

This sheet provides advice on good practice for managing shift work, and associated fatigue risk, in the offshore industry. It is intended to supplement HSE’s generic guidance on shift work and fatigue risk by providing emergent knowledge and sector specific information to support the UK offshore sector in fatigue risk management.

Source: OSDR.

By WCS : 08 May 2018

2018/675 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards CMR substances

2018/675 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards CMR substances (link)

This regulation amends EC Regulation 1907/2006 (REACH) as regards CMR substances.

Source: EC.

By WCS : 08 May 2018

SI 2018/142 The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018

SI 2018/142 The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2018 (link)

This Order amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. Article 4 amends article 3 of the 1992 Order to provide that, other than in the cases specified in new paragraph (4B), permitted development rights do not apply where the existing fish farm is the result of unlawful placement or assembly of equipment.

Source: HMSO.

By WCS : 08 May 2018

THE ENVIRONMENTAL REGULATION (SCOTLAND) CHARGING SCHEME AMENDMENT 2018

THE ENVIRONMENTAL REGULATION (SCOTLAND) CHARGING SCHEME AMENDMENT 2018 (link)

This guidance amends The Environmental Regulation (Scotland) Charging Scheme 2018.

Source: SEPA.

By WCS : 08 May 2018

2018/589 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards methanol

2018/589 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards methanol (link)

This Regulation updates Annex XVII of EC Regulation 1907/2006 (REACH) as regards methanol.

Source: EC.

By WCS : 08 May 2018

Open consultation: Standard rules consultation no.17: medium combustion plant and specified generators

Open consultation: Standard rules consultation no.17: medium combustion plant and specified generators

The Environment Agency (EA) has launched a consultation proposing new and revised standard rules environmental permits to cover operation of medium combustion plant (MCP) and emission controls on generators.

The standards within the rule sets have already been imposed by the Medium Combustion Plant Directive and Specified Generator Regulations and are being implemented through the rules. They contain additional rules on the objectives that need to be achieved, such as management of the MCP or generator.

The EA requests views on whether the use of new standard rules are appropriate for the environmental permitting of MCPs and specified generators. It also welcome views on the use of a single standard permit issued to a specific operator for a number of MCPs at different locations.

Responses will be used to help develop the standard rules sets. The EA aims to publish the new standard rules sets in July 2018.

The new standard rules permits are a way of regulating for both operators and the Environment Agency. They also aim protect the environment from pollution.

Full details of the consultation can be viewed here.

Source: EA.

By WCS : 07 May 2018

ED Inspection Guide Offshore - Inspection of Loss of Containment (LOC)

ED Inspection Guide Offshore - Inspection of Loss of Containment (LOC) (link)

This document is intended to provide guidance to the HSE's Energy Division staff to support inspection of loss of containment risk at offshore oil and gas installations.

It describes a number of key elements which contribute to effective management of the risks, based on research into root causes of previous incidents, and published industry codes, standards and good practice. It also identifies relevant legislation, matters of evident concern, benchmark standards and examples of good practice for each element, in order to support performance assessment. Areas where additional specialist support may be useful or necessary are identified.

Source: HSE.

By WCS : 04 May 2018

Updated BEIS Guidance: Decommissioning of Offshore Oil and Gas Installations and Pipelines

BEIS: GUIDANCE NOTES - Decommissioning of Offshore Oil and Gas Installations and Pipelines (link)

BEIS has updated and reissued this guidance following the previous draft issue in December 2017.

Source: BEIS OPRED.

By WCS : 04 May 2018

SI 2018/514 The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018

SI 2018/514 The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018 (link)

These Regulations set out requirements for the retention of petroleum-related information and samples (as defined in section 27(1) of the Energy Act 2016) by certain relevant persons (as defined in section 18(1) of that Act). The Regulations apply to information or samples which are held on the date the Regulations commence or which are acquired or created on or after that date (regulation 2).

Source: HMSO

By WCS : 01 May 2018

Drilling Contractors and Reporting of Fluorinated Greenhouse Gases

Drilling Contractors and Reporting of Fluorinated Greenhouse Gases

BEIS OPRED has announced that the PETS portal can now be used by drilling contractors and non-producing installation (NPI) operators to submit atmospheric halogen returns. 

Portal users should now be receiving notifications that returns are within their dashboard for completion. These notifications will show as overdue, however these do not constitute non-compliance in this instance.  

BEIS has requested that the OGA and IADC communicate this change urgently to relevant parties and members, respectively.

Questions should be directed to cubs@beis.gov.uk

Source: BEIS/OPRED.

By WCS : 01 May 2018

OGA response to consultation on proposed regulations for the retention and disclosure of information and samples

OGA response to consultation on proposed regulations for the retention and disclosure of information and samples

Regulations governing the retention of petroleum-related information and samples were laid in parliament on 24 April 2018, by the Department for Business, Energy and Industrial Strategy (BEIS).

The Retention of Information and Samples Regulations 2018 fulfil provisions in The Energy Act 2016 to support the maximum economic recovery of petroleum through greater access to timely and transparent data, necessary for a competitive market.

The regulations will safeguard the long-term curation of important national resources in preserving vital information and samples for future use. The intention is to make the retention process simpler and clearer for industry to follow and help reduce the cost burden involved.

The OGA's response to this consultation can be viewed here.

Source: OGA.

By WCS : 27 Apr 2018

Consultation outcome: Review of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) (Regulations 2011)

Consultation outcome: Review of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) (Regulations 2011)

The Maritime and Coastguard Agency (MCA) ran a consultation to review the implementation of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) (Regulations 2011).

The consultation has now closed. Full details of the outcome can be found here.

Source: MCA

By WCS : 24 Apr 2018

Consultation outcome: Statutory Post Implementation Review (PIR) of the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011 - Request for Information

Consultation outcome: Statutory Post Implementation Review (PIR) of the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011 - Request for Information

The Maritime and Coastguard Agency (MCA) ran a consultation on the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011, that amend the Merchant Shipping (Safety of Navigation) Regulations 2002.

The consultation is now closed. Full details of the outcome can be viewed here.

Source: MCA

By WCS : 24 Apr 2018

SI 2018/482 The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018

SI 2018/482 The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 (link)

These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Directives 89/618/Euratom, 90/641/ Euratom, 96/29/ Euratom, 97/43/Euratom and 2003/122/Euratom (“the Basic Safety Standards Directive”). Most of the transposition measures are being dealt with by amending or replacing existing statutory instruments. These Regulations transpose provisions of the Basic Safety Standards Directive that cannot be transposed within existing statutory regimes.

Source: HMSO

By WCS : 24 Apr 2018

Consultation outcome: Policy proposals for offshore combustion plant

Consultation outcome: Policy proposals for offshore combustion plant

The Department for Business, Energy & Industrial Strategy (BEIS) ran a consultation on policy proposals for offshore combustion plant regarding the implementation of the 2015 Medium Combustion Plant Directive and the 2010 Industrial Emissions Directive.

This consultation is now closed. Full details of the outcome can be viewed here.

Source: BEIS

By WCS : 23 Apr 2018

2018/588 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards 1-methyl-2-pyrrolidone

2018/588 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards 1-methyl-2-pyrrolidone (link)

This Regulation adds the chemical substance 1-methyl-2-pyrrolidone to Annex XVII of the REACH Regulations.

Source: EC.

By WCS : 20 Apr 2018

THE JUSTIFICATION OF PRACTICES INVOLVING IONISING RADIATION REGULATIONS 2004 Guidance on their application and administration

THE JUSTIFICATION OF PRACTICES INVOLVING IONISING RADIATION REGULATIONS 2004 Guidance on their application and administration (link)

The purpose of this document is to provide applicants and other interested parties with guidance on the application of the Justification of Practices Involving Ionising Radiation Regulations 2004 (as amended) and to explain the administrative procedures that will be used by Government in reaching justification decisions.

Source: BEIS.

By WCS : 19 Apr 2018

Consultation outcome: Prevention of pollution from noxious liquid substances in bulk

Consultation outcome: Prevention of pollution from noxious liquid substances in bulk

The Maritime and Coastguard Agency (MCA) ran a consultation on the proposed Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2017.

This consultation is now closed. Full details of the outcome can be viewed here.

Source: MCA.

By WCS : 19 Apr 2018

SI 2018/487 The Pollution Prevention and Control (Designation of the Medium Combustion Plant Directive) (Offshore) Order 2018

SI 2018/487 The Pollution Prevention and Control (Designation of the Medium Combustion Plant Directive) (Offshore) Order 2018 (link)

This order designates Directive 2015/2193/EU (The ‘Medium Combustion Plant Directive’) as being one of the ‘relevant directives’ referred to in paragraph 20(1)(b) of Schedule 1 of the Pollution Prevention and Control Act 1999.

Source: HMSO

By WCS : 19 Apr 2018

OGA: Consolidated Onshore Guidance - Revised

OGA: Consolidated Onshore Guidance - Revised (link)

This recently revised guidance, which consolidates previously available guidance, sets out how the OGA will normally consider stated matters and is not a substitute for any regulation or law and is not legal advice. It is intended that the guidance will be kept under review and be revised as appropriate in the light of experience and developing law and practice and any change to the OGA's powers and responsibilities. If the OGA changes its guidance in a material way, it will publish a revised document.

Source: OGA.

By WCS : 18 Apr 2018

BEIS - Consultation outcome: The proposed introduction of the Offshore Environmental Civil Sanctions Regulations 2018

BEIS - Consultation outcome: The proposed introduction of the Offshore Environmental Civil Sanctions Regulations 2018

The Department for Business, Energy & Industrial Strategy (BEIS) sought views on proposals to introduce powers, via The Offshore Environmental Civil Sanctions Regulations 2018, to enable BEIS Offshore Petroleum Regulator for Environment & Decommissioning (OPRED) to impose civil sanctions in respect of breaches of some existing offshore oil and gas environmental regulations, which presently amount to criminal offences.

The proposed sanctions would apply to offshore oil and gas operators engaged in hydrocarbon-related activities (i.e. oil and gas operations, gas unloading and storage operations and carbon dioxide storage operations) on the United Kingdom Continental Shelf.

This consultation has now closed. Full details of the outcome can be viewed here.

Source: BEIS/OPRED.

By WCS : 17 Apr 2018

Environmental Regulation (Scotland) Charging Scheme 2018 - Charging Guidance

Environmental Regulation (Scotland) Charging Scheme 2018 - Charging Guidance (link)

This guidance document explains how to determine charges under the Environmental Regulation (Scotland) Charging Scheme 2018.

This Scheme allows SEPA to charge for the following.

- Application charges: which are one-off charges intended to recover our costs when a person applies for a new authorisation or applies to change an existing authorisation.

- Annual changes: which are charges paid every year to recover our on-going costs of regulating an authorised activity.

The Scheme sets charges for the following types of authorisations:

- waste management licences and exemptions;

- pollution prevention and control permits;

- authorisations for holding/use/disposal of radioactive substances;

- authorisations and registrations for discharges to water, water abstraction, impoundment and engineering; and

- registrations and authorisations for disposal to land.

Source: SEPA.

By WCS : 13 Apr 2018

JNCC: Notification of the publication of updated formal conservation advice packages for 32 offshore Marine Protected Areas

JNCC: Notification of the publication of updated formal conservation advice packages for 32 offshore Marine Protected Areas

The Joint Nature and Conservation Committee (JNCC) has been working to update the conservation advice it provides for offshore Marine Protected Areas (MPAs). The revised approach which the JNCC has developed is based on recommended best practice and feedback from users.

Updated formal conservation advice packages are now available for 32 offshore Marine Protected Areas, including areas within the Scottish and English offshore areas. For those sites where there is higher human activities interest, greater levels of site detail are provided to support impact assessments and decisions regarding site management.

Details of the advice packages and MPAs can be accessed here.

Source: JNCC.

By WCS : 13 Apr 2018

Consultation outcome: Environment Agency enforcement and sanctions policy

Consultation outcome: Environment Agency enforcement and sanctions policy

The Environment Agency (EA) ran a consultation seeking views on its 'Enforcement and Sanctions Policy'.

This consultation has now closed. Full details of the outcome can be viewed here.

Source: EA.

By WCS : 13 Apr 2018

OGA response to the consultation on proposals to increase the OGA levy to fund the UK Oil and Gas National Data Repository (NDR)

OGA response to the consultation on proposals to increase the OGA levy to fund the UK Oil and Gas National Data Repository (NDR) 

The OGA has published its response to the consultation on the proposed changes to the OGA levy to fund the UK Oil and Gas National Data Repository (NDR).

The document lists the organisations that responded to the consultation, summarises the responses received and sets out the OGA’s response.

The consultation was held from 10 November 2017 to 8 December 2017. Full details can be viewed here.

Source: OGA.

By WCS : 11 Apr 2018

Planning and marine licence advice: Environment Agency standard terms and conditions

Planning and marine licence advice: Environment Agency standard terms and conditions (link)

This document describes the standard terms and conditions which apply to any charged planning or marine licence advice given by the Environment Agency (EA).

Source: EA.

By WCS : 09 Apr 2018

SI 2018/430 The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018

SI 2018/430 The Justification of Practices Involving Ionising Radiation (Amendment) Regulations 2018 (link)

These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom. The Regulations extend to the whole of the United Kingdom.

Source: HMSO.

By WCS : 06 Apr 2018

SI 2018/428 The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018

SI 2018/428 The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2018 (link)

These Regulations are part of a package of measures to transpose Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation and repealing Council Directive 89/618/Euratom, 90/641/ Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (the Basic Safety Standards Directive).

Most of the transposition measures are being dealt with by amending or replacing existing statutory instruments. These Regulations transpose provisions of the Basic Safety Standards Directive relevant to the environmental permitting regime as it applies to radioactive substances activities, by amending the Environmental Permitting (England and Wales) Regulations 2016. These Regulations also make amendments not required for transposition but which removes unnecessary regulatory burdens.

Source: HMSO.

By WCS : 06 Apr 2018

EU ETS: charges

EU ETS: charges (link)

The Environment Agency (EA) has issued this document to provide guidance on its charging scheme in relation to its EU ETS activities.

Source: EA.

By WCS : 05 Apr 2018

Oil and gas - EEMS database

Oil and gas - EEMS database (link)

The Department for Business, Energy & Industrial Strategy (BEIS) has recently updated its guidance on using the EEMS database. 

The changes largely comprise updates to references and contact details.

Source: BEIS.

By WCS : 05 Apr 2018

How to comply with your EPR RSR environmental permit – sealed sources

How to comply with your EPR RSR environmental permit – sealed sources (link)

This Environment Agency (EA) guidance note is about how permit owners ensure that they keep and use, and where relevant, receive, accumulate and dispose of radioactive sealed sources safely and securely. It explains in general terms the permit conditions, so that permit owners understand what they need to do to comply with those conditions. Its structure is consistent with the current templates for radioactive substances permits under the Environmental Permitting England and Wales) Regulations 2010 (EPR). It is also relevant to existing holders of registrations and authorisations dealing with sealed sources that were issued under RSA93 and continue to have effect as environmental permits under EPR. Where the EA know that there will be different or additional permit conditions in specific circumstances, it says so in this guidance. The EA may need to develop and use other conditions for use in less common permitting circumstances, so as to ensure that it adopts a proportionate approach. 

Source: EA.

By WCS : 04 Apr 2018

MGN 579 (M) The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018

MGN 579 (M) The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018 (link)

This MGN provides guidance and clarification on the Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018, SI 2018/155, which implement the International Convention on Load Lines 1966 and its Protocol of 1988 in their most recently amended form into UK law. The Convention and Protocol should be read in conjunction with the updated international text contained in Annexes I, II and III of the Convention/Protocol and which may be found in Marine Information Note (MIN) 560(M). MIN 560(M) may be withdrawn in due course when the amendments become available on UK Treaties online (http://treaties.fco.gov.uk/treaties/treaty.htm).

This MGN deals only with the international load line requirements, i.e., for ships covered by the Convention and/or Protocol. Future amendments to the international requirements in Annexes I, II and III will be incorporated into UK law by way of ambulatory reference. For non-Convention/Protocol ships, the Merchant Shipping (Load Line) Regulations 1998 will continue to apply.

Source: MCA.

By WCS : 04 Apr 2018

SI 2018/436 The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018

SI 2018/436 The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018 (link)

These Regulations confer powers on inspectors appointed by the Secretary of State under Part 4A of the Energy Act 2008 (works detrimental to navigation).

Section 82A of the Energy Act 2008 prohibits the carrying out of certain operations in the regulated zone (as defined in section 82Q) without the written consent of the Secretary of State. Section 82N(1) gives the Secretary of State the power to appoint inspectors to assist in carrying out the Secretary of State's functions under Part 4A.

Source: HMSO.

By WCS : 03 Apr 2018

Consultation on draft Standard Conditions for radioactive substances authorisations

Consultation on draft Standard Conditions for radioactive substances authorisations

The Scottish Environment Protection Agency (SEPA) has launched a consultation seeking views on the proposed Standard Conditions for radioactive substances activities. Views are sought on both the technical content and the presentation including style of language used. This consultation is targeted at people that are currently regulated under the Radioactive Substances Act 1993 or who may carry out a radioactive substances activity in the future. 

Full details of the consultation can be viewed here.

Source: SEPA.

By WCS : 28 Mar 2018

2018/410 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814

2018/410 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (link)

This Directive amends 2003/87/EC with regard to, among other things, changes in certain terms used, definitions, percentage values, and consequential transposition requirements.

Source: EC.

By WCS : 27 Mar 2018

THE ENVIRONMENT AGENCY (WASTE - MISCELLANEOUS) (ENGLAND) CHARGING SCHEME 2018

THE ENVIRONMENT AGENCY (WASTE - MISCELLANEOUS) (ENGLAND) CHARGING SCHEME 2018 (link)

This document details the Environment Agency's (EA's) charging scheme for its activities related to waste pursuant to The Transfrontier Shipment of Waste Regulations 2007 and The Waste Electronic and Electrical Equipment Regulations 2013.

Source: EA.

By WCS : 27 Mar 2018

Environment Agency: Abstraction Charges Scheme 2018/19

Environment Agency: Abstraction Charges Scheme 2018/19 (link)

This guidance covers charges made by the Environment Agency (EA) in relation to water abstraction. It relates to charging periods commencing on or after 1 April 2018. References to financial years are to periods of 12 months commencing 1 April.

Source: EA.

By WCS : 27 Mar 2018

Consultation outcome: Waste Electrical and Electronic Equipment (WEEE) compliance fee 2017

Consultation outcome: Waste Electrical and Electronic Equipment (WEEE) compliance fee 2017 

The Department for Environment, Food & Rural Affairs (DEFRA) ran a consultation seeking views on whether it should set a compliance fee for 2017. DEFRA also sought views on two proposals for managing this year’s fee.

This consultation has now closed. Full details can be seen here.

Source: DEFRA.

By WCS : 26 Mar 2018

Updated Guidance - The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide

Updated Guidance - The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide (link)

The Department for Business, Energy & Industrial Strategy (BEIS) has updated its petroleum production and pipelines environmental impact assessment (EIA) guidance.

The changes relate to:

 - The EIA Directive

 - Revision and/or renewal of production consents

 - Excluded projects

 - Competent Experts

 - Physical impacts

 - Marine licensing

 - Submitting the ES

 - Appendices A and B (relating to revision and renewal of production consents, and ES submission).

Source: BEIS.

By WCS : 26 Mar 2018

THE ENVIRONMENT AGENCY (EU EMISSIONS TRADING) (ENGLAND) CHARGING SCHEME 2018

THE ENVIRONMENT AGENCY (EU EMISSIONS TRADING) (ENGLAND) CHARGING SCHEME 2018 (link)

This document provides guidance on how the Environment Agency (EA) charge for various permitting services.

Source: EA.

By WCS : 23 Mar 2018

Consultation outcome: Environment Agency charge proposals from April 2018

Consultation outcome: Environment Agency charge proposals from April 2018

The Environment Agency (EA) ran a consultation seeking views on proposed changes to charges.

The proposals included changes to the way the EA charge for:

- regimes within the Environmental Permitting Regulations 2016

- radioactive substances regulation nuclear and non-nuclear permits

- marine licences

- Waste Electrical and Electronic Equipment Regulations 2013

- Control of Major Accident Hazards Regulations 2015

- European Union Emissions Trading System

- definition of waste services

- planning advice.

The EA also sought views on parts of its abstraction licensing amendments and longer term changes to the way it charges for navigation.

This consultation has now closed. Full details of the outcome can be viewed here.

Source: EA.

By WCS : 23 Mar 2018

Environment Agency: Environmental permitting charges guidance

Environment Agency: Environmental permitting charges guidance (link)

This Environment Agency (EA) document provides guidance on the charging regime for the various permits reviewed and issued by the agency for a range of activities conducted onshore, in England.

Source: EA.

By WCS : 22 Mar 2018

SI 2018/390 The Personal Protective Equipment (Enforcement) Regulations 2018

SI 2018/390 The Personal Protective Equipment (Enforcement) Regulations 2018 (link)

These Regulations provide for the enforcement of EU Regulation 2016/425 on personal protective equipment.

EU Regulation 2016/425 repeals and replaces Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment; which was implemented in the United Kingdom by the Personal Protective Equipment Regulations 2002 (as amended). These Regulations revoke the Personal Protective Equipment Regulations 2002.

These Regulations also contain amendments to various other pieces of legislation which are consequential to these Regulations.

Source: HMSO.

By WCS : 22 Mar 2018

Environment Agency - Consultation Outcome: Standard Rules Consultation No. 15: Unintentional Receipt of Radioactive Materials and Radioactive Waste

Environment Agency - Consultation Outcome: Standard Rules Consultation No. 15: Unintentional Receipt of Radioactive Materials and Radioactive Waste

The Environment Agency (EA) proposed a new 'standard rules environmental permit' to cover the accumulation and disposal of radioactive materials, and radioactive waste at sites with a radiation detection system.

The onshore environmental regulator for England hoped the new 'standard rules permit' would provide efficient regulation for operators and the EA, and protect the environment from pollution.

The EA sought comments on the proposed new standard rule set and its risk assessment. The agency also assessed the financial impacts of the proposal.

The consultation is now closed. Full details of the outcome can be found here.

Source: EA.

By WCS : 22 Mar 2018

ED 1-2018 Cylinders manufactured from aluminium alloys HE30/AA6082 and AA6351 and used primarily for gases for underwater breathing apparatus

ED 1-2018 Cylinders manufactured from aluminium alloys HE30/AA6082 and AA6351 and used primarily for gases for underwater breathing apparatus (link)

This safety notice relates to several recent incidents involving catastrophic failures of aluminium cylinders used primarily to contain gases for underwater breathing apparatus and manufactured from aluminium alloys HE30/AA6082 and AA6351. These cylinders should only be used if they have undergone thorough visual inspection and testing with an eddy-current device by a competent inspector.

Source: HSE.

By WCS : 21 Mar 2018

SI 2018/369 The Waste Enforcement (England and Wales) Regulations 2018

SI 2018/369 The Waste Enforcement (England and Wales) Regulations 2018 (link)

These Regulations amend the Environmental Protection Act 1990 (c. 43) and the Environment Act 1995 (c. 25) for England and Wales in connection with Directive 2008/98/EC of the European Parliament and of the Council on waste.

The amendments to the Environmental Protection Act 1990 by inserting sections giving a waste regulation authority or waste collection authority the power to issue a notice in respect of waste which is unlawfully kept or disposed of in or on land within the authority’s area. 

The Environment Act 1995 is also amended by inserting sections which give the Environment Agency and the Natural Resources Body for Wales the power to issue a “restriction notice” and to apply to the courts for a “restriction order”. A restriction notice is a notice prohibiting access and the importation of waste to premises for a period specified in the notice of no more than 72 hours. A restriction order is an order made by the courts which prohibits access and the importation of waste to the premises for a period specified in the order, which may not exceed 6 months.

Source: HMSO.

By WCS : 16 Mar 2018

SI 2018/242 The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

SI 2018/242 The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018 (link)

These Regulations make miscellaneous amendments to the following statutory instruments:

 - the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998

 - the Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010

 - the Merchant Shipping (Maritime Labour Convention) (Survey and Certification Regulations 2013

 - the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

 - the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

 - the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018.

Source: HMSO.

By WCS : 16 Mar 2018

SI 2018/68 The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

SI 2018/68 The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (link)

These Regulations implement the revised version of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (the MARPOL Convention). Annex II contains regulations for the Control of Pollution by Noxious Liquid Substances in Bulk. As a consequence of these Regulations, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 and amending instruments (S.I. 1998/1153 and S.I. 2004/930) which implemented the previous version of Annex II, are revoked. Other consequential amendments and partial revocations are also made. Future amendments of provisions of the Convention and other instruments specified in these Regulations will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 4)

The current version of Annex II came into force internationally on 1st January 2007 and further modifications have been made since that time. One of the key changes is to the way in which noxious liquid substances (NLS) are categorised; products are assigned to one of four pollution categories based on an evaluation of their potential harm to the marine environment.

Source: HMSO.

By WCS : 16 Mar 2018

SI 2018/155 The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018

SI 2018/155 The Merchant Shipping (International Load Line Convention) (Amendment) Regulations 2018 (link)

These Regulations implement the International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating to the Convention. The Regulations also implement all amendments to the Convention and Protocol as at the date of this statutory instrument. All future amendments to Annexes I, II and III to the Convention will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 5). The Regulations apply the provisions of the Convention, with certain limited exceptions, to United Kingdom ships and to non-United Kingdom ships in United Kingdom waters meeting the size or weight criteria in the Convention, including ships from countries which are not parties to the Convention, and which are engaged on international voyages.

The Convention regulates technical detail in relation to the loading, stability and watertight integrity of ships, and includes provision for the survey, certification and inspection of ships for the purpose of ascertaining compliance with the Convention. Load lines marked on a ship indicate the maximum safe loading of a ship in specific conditions.

The Regulations amend the Merchant Shipping (Load Line) Regulations 1998, which continue to apply (with certain limited exceptions) to United Kingdom ships and non-United Kingdom ships in United Kingdom waters engaged on international voyages but to which the Convention does not apply, as well as to United Kingdom ships and non-United Kingdom ships in United Kingdom waters on domestic voyages.

These Regulations also amend The Merchant Shipping (Fees) Regulations 2006.

Source: HMSO.

By WCS : 16 Mar 2018

SI 2018/343 The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018

SI 2018/343 The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018 (link)

This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015.

These amendments relate to:

 - changes to various definitions

 - a new article modifying time limits on consideration periods by the Secretary of State, in certain circumstances

 - amendments to certain classes of development

 - the extension of the existing temporary right to change of use

 - the extension of certain classes of development

 - amendment of application procedure for certain classes of development

 -  the extension of size limits for certain developments

 - clarification that certain developments may only be undertaken by transport undertakers

 - making permanent the previously temporary removal of the requirement to submit a prior approval application for certain developments.

Source: HMSO.

 

By WCS : 14 Mar 2018

SI 2018/311 The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018

SI 2018/311 The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Amendment) Regulations 2018 (link)

These Regulations make provision for calculating and imposing a levy on the holders of petroleum licences in respect of the period beginning on 1st April 2018 and ending on 31st March 2019. The levy is payable to meet costs incurred by the Oil and Gas Authority (OGA) in carrying out its functions as well as costs incurred by the Lord Chancellor in connection with the provision of Tribunals to consider appeals against the decision of the OGA.

The Regulations also make minor amendments to the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015.

Source: HMSO.

By WCS : 13 Mar 2018

No Requirement in 2018 for Operators to Submit Mid-Year Activity Data to the OGA

No Requirement in 2018 for Operators to Submit Mid-Year Activity Data to the OGA (link)

The OGA has confirmed that in July 2018 there will be no requirement for operators to submit mid-year activity data. This differs from July 2017, when the OGA asked industry to complete the UKCS Stewardship Survey Mid-Year Activity Survey.

The OGA reviewed its requirements regarding Stewardship Survey data, and felt that this request was no longer necessary. The OGA believes that this decision will help reduce the burden on industry and hopes that operators welcome the change.

Source: OGA.

By WCS : 12 Mar 2018

SI 2018/306 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018

SI 2018/306 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (link)

 These Regulations amend The Greenhouse Gas Emissions Trading Scheme Regulations 2012 and implement Regulation (EU) 2017/2392 of the European Parliament and of the Council of 13 December 2017 amending Directive 2003/87/EC to continue current limitations of scope for aviation activities and to prepare to implement a global market based measure from 2021.

Source: HMSO.

By WCS : 09 Mar 2018

Consultation Outcome - Bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK

Consultation Outcome - Bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK

The Department for Business, Energy & Industrial Strategy (BEIS) ran a consultation on a proposal to bring forward the 2018 compliance deadlines for UK operators in the EU ETS to before the date of EU Exit on 29 March 2019.

This consultation ended on 24 November 2017. Full details of the consultation and outcome can be found here.

Source: BEIS.

 

By WCS : 08 Mar 2018

SI 2018/287 The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018

SI 2018/287 The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018 (link)

These Regulations amend the Marine Works (Environmental Impact Assessment) Regulations 2007 and the Marine Strategy Regulations 2010. The amendments are consequential on the transfer to the Welsh Ministers by sections 29, 46 and 47 (respectively) of the Wales Act 2017 (c. 4) of certain functions relating to harbours that are wholly in Wales, and functions relating to marine licensing and marine conservation in the Welsh offshore area under the Marine and Coastal Access Act 2009 (c. 23).

Source: HMSO.

 

By WCS : 07 Mar 2018

Safety Case - Topic Specialist Assessment Templates

Safety Case - Topic Specialist Assessment Templates

The Offshore Safety Directive Regulator (OSDR) has recently updated its Well Examination Scheme Transitional Template, and added a Human Factors Safety Case Assessment Template. These can be viewed at the below links.

 - Safety Case Topic Specialist Assessment Templates and Guidance (includes Human Factors Safety Case Assessment Template)

 - Transitional Safety Cases Topic Specialist Assessment Templates (includes updated Well Examination Scheme Transitional Template)

Source: OSDR.

By WCS : 07 Mar 2018

Oil & Gas UK Issues Updated Guidance for Industry’s Emergency Preparedness and Response Plans

Oil & Gas UK Issues Updated Guidance for Industry’s Emergency Preparedness and Response Plans

Oil & Gas UK (OGUK) has published new information designed to assist operators ensure they can cover the cost arising from an oil spill.

The Liability Provision Guidelines for Offshore Petroleum Operations are available to OGUK members on its website here.

Source: OGUK.

By WCS : 05 Mar 2018

JNCC: Notification of the Publication of Updated Conservation Advice for Various SACs

Notification of the publication of updated conservation advice for Braemar Pockmarks SAC, Scanner Pockmark SAC, East of Gannet and Montrose Fields NCMPA, Fulmar MCZ and Firth of Forth Banks Complex NCMPA (link)

The Joint Nature and Conservation Committee (JNCC) has been working on improving the conservation advice it provides for offshore Marine Protected Areas. The new approach is based on recommended best practice and feedback from current users. Further information on the approach is available on the JNCC conservation advice webpage.

Updated formal conservation advice has now been published on the Site Information Centres for Braemar Pockmarks SAC, Scanner Pockmark SAC, East of Gannet and Montrose Fields NCMPA, Fulmar MCZ and Firth of Forth Banks Complex NCMPA via the conservation advice tab. This supersedes previous conservation advice for these sites.

The updated advice comprises of:

 - Background information which explains why and to whom JNCC is providing this advice;

 - Conservation objectives for the site;

 - JNCC’s view of the site’s condition, the conservation benefits it can provide and the conservation measures which, in its view, are required to ensure the site achieves its conservation objectives;

 - Supplementary Advice on the Conservation Objectives (SACO); and

 - Advice on operations which sets out our advice on how human activities can affect site integrity and therefore achievement of the site’s conservation objectives.

These elements together form JNCC’s conservation advice for each site and should be read in conjunction with each other.

For further details contact OffshoreMPAs@jncc.gov.uk and include the site name and ‘Conservation Advice’ in the subject header.

Source: JNCC.

By WCS : 05 Mar 2018

MIN 560 (M) International Load Line Convention 1966 and Protocol 1988 - Amending Resolutions since 1988

MIN 560 (M) International Load Line Convention 1966 and Protocol 1988 - Amending Resolutions since 1988 (link)

This MIN provides information on the amendments made to the International Convention on Load Lines 1966 and its Protocol 1988 by the IMO Resolutions adopted since 1988. It collates the amendments to the ILLC/ILLP made by IMO Resolutions since the UK’s last transposition, for easy reference.

Source: MCA.

By WCS : 23 Feb 2018

How we work together: Collaboration in the high hazard sector

How we work together: Collaboration in the high hazard sector (link)

The COMAH Strategic Forum (CSF) has published this guide to joint industry, regulator and union groups that work in the high hazard process sectors, including oil and gas.

Incidents including Texas City, Buncefield and Macondo in the Gulf of Mexico have highlighted the need to work more closely and collaboratively to share knowledge and tackle common problems to reduce the risk of harm.

Working through a relevant trade association to come together with other companies, regulators and unions can help improve performance and provide additional protection to people, the environment, and business.

The regulator also takes the performance of a business managing its risks and the effectiveness of its safety leadership into account when determining where and to what extent it plans its inspections.

The CSF is a partnership of high-level representatives from the UK’s health, safety & environmental regulators, Government, industry and UNITE the Union. It was initially established in 2013 to serve as a steering group to support the COMAH Competent Authority (CA) response to the UK Government 'Better Regulation Executive' (BRE) review of enforcement in the chemicals industry.

Source: CSF/HSE.

By WCS : 22 Feb 2018

Supporting Guidance (WAT-SG-15) Oil storage at sites where there is an onward distribution

Supporting Guidance (WAT-SG-15) Oil storage at sites where there is an onward distribution (link)

This document provides guidance for operators on the changes in regulation applicable to sites which store oil for onward distribution. It describes, among other things, the levels of authorisation available for the storing of oil under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) (CAR).

One significant change will be that oil storage at sites where storage is for onward distribution will no longer be exempt from these Regulations, and there is now a General Binding Rule (GBR28) with rules which apply to any storage of oil above ground.

Source: SEPA.

By WCS : 16 Feb 2018

ED Offshore Inspection Guide Well Examination Scheme Inspection Guide

ED Offshore Inspection Guide Well Examination Scheme Inspection Guide (link)

This Inspection Guide (IG) has recently been made available on the Health and Safety Executive's (HSE's) website. It sets out the HSE's  approach to the inspection of well operators’ well examination arrangements for wells offshore on the United Kingdom Continental Shelf and onshore Great Britain.

The Guide provides questions sets to be used as a basis for inspection of the well examination arrangements. This has been developed from a background of HSE and industry guidance on well examination.

It also provides the basis to assess any risk gap as defined by HSE’s Enforcement Management Model, and hence the Duty Holder’s Performance Score which will feed into the intervention planning process.

Source: HSE.

By WCS : 16 Feb 2018

ED Offshore Inspection Guide Inspection of Well Control

ED Offshore Inspection Guide Inspection of Well Control (link)

This inspection guide has recently been made available on the HSE's website. It is a retitled and updated version of the previously available 'HID Offshore Inspection Guide - Inspection of Well Control'.

Source: HSE.

By WCS : 16 Feb 2018

ED Inspection Guide Offshore - Wells Personnel Competency Management System Inspection Guide

ED Inspection Guide Offshore - Wells Personnel Competency Management System Inspection Guide (link)

This inspection guide has recently been made available on the HSE's website. It is a retitled and updated version of the previously available 'HID Inspection Guide Offshore - Well Competence Inspection Guide'. This document features updated and expanded sections, particularly the appendices.

Source: HSE.

By WCS : 16 Feb 2018

SI 2018/40 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2018

SI 2018/40 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2018 (link)

These Regulations amend the Carbon Accounting Scheme (Scotland) Regulations 2010. These 2010 Regulations make provision about carbon units and carbon accounting for the purposes of Part 1 of the Climate Change (Scotland) Act 2009.

Regulation 2(2) inserts regulation 8D to provide a method for determining whether an amount of carbon units is to be credited to or debited from the net Scottish emissions account for 2016.

Regulation 2(3) inserts a provision to set out the information to be included in a register for 2016.

Source: HMSO.

By WCS : 16 Feb 2018

SI 2018/163 The Scotland Act 2016 (Commencement No. 8) Regulations 2018

SI 2018/163 The Scotland Act 2016 (Commencement No. 8) Regulations 2018 (link)

These Regulations bring into force sections 47 and 48 of the Scotland Act 2016 (c.11) which relate to onshore petroleum licensing in Scotland.

These sections amend the Petroleum Act 1998 and the Petroleum (Production) (Landward Areas) Regulations 1995 in respect of onshore petroleum licensing in Scotland, and the powers vested in the Oil and Gas Authority (OGA) and Scottish Ministers in this context.

These sections were brought into force on 9th February 2018.

Source: HMSO.

By WCS : 16 Feb 2018

SI 2018/165 The Export Control (Amendment) Order 2018

SI 2018/165 The Export Control (Amendment) Order 2018 (link)

This Order amends Schedule 2 to the Export Control Order 2008, which schedule lists military goods, software and technology subject to export controls. This regime is given effect to in the European Union through the Common Military List (CML).

The amendments in this Order relate to toxic chemical and biological agents, and powdered or shaped forms of certain metals and other substances.

These amendments to Schedule 2 to the 2008 Order are being made to implement Commission Directive (EU) 2017/2054 of 8 November 2017 amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products).

Directive 2009/43/EC which simplifies the terms and conditions of transfers within the European Union of defence-related products listed in the annex to that Directive, contains an annex which corresponds to the CML. The CML was updated in 2017 and the amending Directive makes the necessary changes to the annex to Directive 2009/43/EC to bring it into line with the latest CML adopted by the Council of the European Union on 6 March 2017 (OJ C 97, 28.3.2017, p.1).

This Order also amends article 2 to the 2008 Order to remove a definition no longer needed as a result of changes made to the 2008 Order by the Export Control (Amendment) Order 2017 (S.I. 2017/85).

Source: EC.

 

By WCS : 16 Feb 2018

BEIS: Open consultation - 30th Seaward Licensing Round Appropriate Assessment

BEIS: Open consultation - 30th Seaward Licensing Round Appropriate Assessment

The Department for Business, Energy & Industrial Strategy (BEIS) has launched a six-week consultation regarding 'Appropriate Assessment' (AA) covering the Blocks applied for in the 30th Seaward Licensing Round.

Following the announcement of the 30th Seaward Licensing Round by the Oil and Gas Authority (OGA), an initial screening assessment (including consultation with the statutory agencies/bodies) of the 821 Blocks offered was published in February 2018. The screening identified 304 whole or part Blocks as requiring further assessment (AA) prior to the OGA making a decision on whether to grant licences, should they be applied for.

Following the closing date for 30th Seaward Licensing Round applications, those Blocks identified as requiring further assessment (AA) were reconsidered against the list of actual applications. It was concluded that further assessment (AA) was required for 61 of the Blocks applied for. Due to the wide distribution of these Blocks in the UK Continental Shelf, the AAs are contained in four regional reports.

 - Southern North Sea

 - Central North Sea

 - West of Shetland

 - Irish Sea.

This consultation closes on 29 March 2018. Full details can be viewed here.

Source: BEIS.

By WCS : 15 Feb 2018

SI 2018/56 The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018

SI 2018/56 The Scotland Act 2016 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (link)

These Regulations make amendments and modifications to the existing regime for the licensing of petroleum consequent on sections 47 and 48 of the Scotland Act 2016 (the 2016 Act), which devolve legislative competence to the Scottish Parliament and transfer certain functions and powers to the Scottish Ministers for the granting and regulation of licences to search and bore for and get petroleum within the "Scottish onshore area" (as defined in section 47 of that Act), and related matters. The Regulations come into force on commencement of section 48 of the 2016 Act. These Regulations also amend existing licences in the Scottish onshore area as provided for in section 49 of the 2016 Act and prescribe the model clauses relating to reserved matters which must be included in any licence granted by the Scottish Ministers (pursuant to section 4(1B) of the Petroleum Act 1998, as inserted by section 48 of the 2016 Act).

Part 2 amends secondary legislation relevant to the licensing of petroleum, including substituting a new definition of the line dividing landward and seaward areas for the purposes of petroleum licensing to reflect the approach adopted in section 47 of the 2016 Act (regulations 3(3) and (5) and 4(2) and (5)). Regulation 3(4), (6) and (7) prescribes new model clauses relating to reserved matters for incorporation in licences granted by the Scottish Ministers. Finally, Part 2 of these Regulations also makes consequential amendments to secondary legislation to reflect the transfer of functions to the Scottish Ministers (regulations 2, 3(2), 4(3) and (4) and 5).

Part 3 of these Regulations amends existing licences in the Scottish onshore area consequent on the division of competence between the Scottish Ministers and the Secretary of State and transfer of functions to the former (regulation 7). Part 3 also modifies the secondary legislation relevant to petroleum licensing in the Scottish onshore area until such time as the Scottish Ministers make their own legislation (regulations 8 to 10) and makes provision for savings (regulation 11).

Source: HMSO.

By WCS : 12 Feb 2018

Code of safe working practices for merchant seafarer 2017 edition - amendment 2.

Code of safe working practices for merchant seafarer 2017 edition - amendment 2 (link)

This document includes the text and images from the code of safe working practices for merchant seafarers 2015 edition, published on 4 September 2015, plus subsequent amendments 1 and 2.

This document does not match the pagination of the published version. Italicised textual references follow the paragraph to which they refer.

Source: MCA.

By WCS : 08 Feb 2018

MSN 1839 (M) Maritime Labour Convention, 2006 Medical Certification

MSN 1839 (M) Maritime Labour Convention, 2006 Medical Certification (link)

This Marine Safety Note (MSN) has been updated and reissued.

The following corrections should be noted:

- All references to HWB lantern tests in MSN 1839 are replaced by a reference to the MCA Colour Assessment and Diagnosis (CAD) test.

- Annex B amended from Lantern test centres in Marine Offices to CAD test centre contact details.

- Minor revisions to the medical fitness standards in Annex A.

Source: MCA.

By WCS : 08 Feb 2018

SI 2018/58 The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

SI 2018/58 The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (link)

The Regulations consolidate and update the Merchant Shipping (Hours of Work) Regulations 2002.

These Regulations implement—

- the majority of the provisions of Council Directive 1999/63/EC, as amended by Council Directive 2009/13/EC, concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association and the Federation of Transport Workers' Unions in the European Union (OJ L 167, 2.7.99, p.33);

- article 15 of Council Directive 2008/106/EC of 19th November 2008 on the minimum level of training of seafarers (recast), as amended by article 1(14) of Council Directive 2012/35/EU of 21st November 2012;

- article 19 of Directive 2009/16/EC of 23rd April 2009 on port state control, as amended by article 1 of Council Directive 2013/38/EU of 12th August 2013; and

- article 3 of Council Directive 2013/54/EU of 20th November 2013 concerning certain flag state responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006.

This instrument also revokes:

- the Merchant Shipping (Hours of Work) Regulations 2002, except for regulation 21 and Schedule 2;

- the Merchant Shipping (Hours of Work) (Amendment) Regulations 2004; and

- the Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendments) Regulations 2014, except for regulation 3 and the Schedule.

In addition, these regulations introduce various provisions and duties relating to working hours on marine vessels.

Source: HMSO.

By WCS : 08 Feb 2018

SI 2018/119 The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018

SI 2018/119 The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018 (link)

This Order amends the following instruments, the Town and Country Planning Order (Permission in Principle) Order 2017, the Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO), the Town and Country Planning (General Permitted Development) (England) Order 2015 (“GPDO”), the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013, the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and makes the following changes.

This Instrument extends the time for public consultation on planning applications, in certain circumstances. It also amends DMPO by requiring each local planning register authority to include certain details about housing prior approval applications in its planning register. 

Source: HMSO.

By WCS : 06 Feb 2018

SI 2018/129 The National Emission Ceilings Regulations 2018

SI 2018/129 The National Emission Ceilings Regulations 2018 (link)

These Regulations implement in the United Kingdom Directive 2016/2284/EU of the European Parliament and the Council relating to national emission ceilings for certain atmospheric pollutants. This Directive implements at the EU level obligations under the United Nations Economic Commission for Europe 1979 Convention on Long-Range Transboundary Air Pollution and its 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, which was revised in 2012.

Regulation 3 requires the Secretary of State to prepare an annual inventory of emissions of certain pollutants occurring in the United Kingdom, and projections of such emissions in certain years specified in Schedule 1. If the conditions in regulation 4 are met, the Secretary of State may prepare an adjusted inventory of emissions.

Regulation 5 requires the Secretary of State to ensure that in 2010 and each year to and including 2019 anthropogenic emissions of sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia occurring within the United Kingdom do not exceed the amounts specified in Table 1 of Schedule 3.

Regulation 6 requires the Secretary of State to ensure in each year from 2020 until 2029 anthropogenic emissions of sulphur dioxide, nitrogen oxides, volatile organic compounds, ammonia and fine particulate matter occurring within the United Kingdom do not exceed the national emission reduction commitments specified in Table 2 of Schedule 3. It further requires the Secretary of State to ensure that in 2030 and each subsequent year those emissions do not exceed the national emission reduction commitments specified in Table 3 of Schedule 3. Regulation 7 requires the Secretary of State to ensure emissions in 2025 are following a linear reduction trajectory between the targets to me met in 2020 and 2030, subject to certain conditions. The achievement of the national emission reduction commitments is subject to the derogations in regulation 8 which the Secretary of State can apply in certain conditions.

Regulation 9 requires the Secretary of State to prepare a national air pollution control programme. Public authorities are to have regard to the programme when exercising any functions which significantly affect the level of emissions for the pollutants that these Regulations cover. In accordance with regulation 10 the Secretary of State must consult the public when preparing or significantly revising a national air pollution control programme.

Regulation 11 requires the Secretary of State to locate sites representative of specified ecosystems and habitats in order to monitor the negative impacts of air pollution.

Source: HMSO.

By WCS : 06 Feb 2018

2018/90 The Wireless Telegraphy (Register) (Amendment) Regulations 2018

2018/90 The Wireless Telegraphy (Register) (Amendment) Regulations 2018 (link)

These Regulations amend the Wireless Telegraphy (Register) Regulations 2012, which require the Office of Communications (OFCOM) to establish and maintain a public register of relevant information relating to certain classes of wireless telegraphy licences and grants of recognised spectrum access.

These Regulations add licences in respect of wireless telegraphy stations operating within certain frequency bands.

Source: HMSO.

By WCS : 06 Feb 2018

SI 2018/98 The Fluorinated Greenhouse Gases (Amendment) Regulations 2018

SI 2018/98 The Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (link)

These Regulations amend the Fluorinated Greenhouse Gases Regulations 2015. They update the 2015 Regulations to include references to the following Commission Implementing Regulations adopted since the 2015 Regulations came into force:

(a) Commission Implementing Regulation (EU) No 2015/2065 (OJ No L 301, 18.11.2015, p 14);

(b) Commission Implementing Regulation (EU) No 2015/2066 (OJ No L 301, 18.11.2015, p 22);

(c) Commission Implementing Regulation (EU) No 2015/2067 (OJ No L 301, 18.11.2015, p 28);

(d) Commission Implementing Regulation (EU) No 2015/2068 (OJ No L 301, 18.11.2015, p 39);

(e) Commission Implementing Regulation (EU) No 2016/879 (OJ No L 146, 3.6.2016, p 1).

The Regulations also make provision for the appointment of certification, evaluation and attestation bodies by the Secretary of State, the disclosure of information on enforcement by HM Revenue & Customs to certain enforcing authorities and for the introduction of civil penalties in England, Scotland and for offshore installations.

Source: HMSO.

By WCS : 06 Feb 2018

SI 2018/102 The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018

SI 2018/102 The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018 (link

These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2013. 

Regulation 2 substitutes regulation 34 of the 2013 Regulations to make new provision for the collection, treatment, recovery and disposal of waste electrical and electronic equipment (WEEE) deposited at designated collection facilities.

It also inserts a new reporting requirement into regulation 35 of the 2013 Regulations, relating to the amount of WEEE sent for treatment or for reuse outside the United Kingdom.

Source: HMSO.

By WCS : 06 Feb 2018

SI 2018/110 The Environmental Permitting (England and Wales) (Amendment) Regulations 2018

SI 2018/110 The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (link)

The Environmental Permitting (England and Wales) Regulations 2016 (the 2016 regulations) provided a consolidated regime of environmental permitting in England and Wales. They replaced the Environmental Permitting (England and Wales) Regulations 2010 and its amending instruments.

This regulation amends the 2016 regulations regarding the transposition of the Medium Combustion Plant Directive. It also makes further amendments to these regulations in relation to flood risk activity and NOX emissions from 'specified generators'.

The Air Quality Standard Regulations 2010, and the Air Quality Standard (Wales) Regulations 2010, are also amended as part of the transposition of the Medium Combustion Plant Directive.

Source: HMSO.

By WCS : 06 Feb 2018

JNCC: Notification of the publication of updated conservation advice for Dogger Bank Special Site of Conservation (SAC)

JNCC: Notification of the publication of updated conservation advice for Dogger Bank Special Site of Conservation (SAC) (link)

The Joint Nature and Conservation Committee (JNCC) has developed a revised approach to the conservation advice it provides for offshore Marine Protected Areas. The new approach is based on recommended best practice and feedback from current users.

Updated formal conservation advice has now been published for Dogger Bank SAC via the conservation advice tab of the Site Information Centre on the JNCC website. This supersedes previous conservation advice for this site.

The updated advice comprises:

 - Background information which explains why and to whom this advice is provided;

 - Conservation Objectives for the site;

 - JNCC’s view of the site’s condition, the conservation benefits it can provide and the conservation measures which, in its view, are required to ensure the site achieves its conservation objectives;

 - Supplementary Advice on the Conservation Objectives (SACO); and

 - Advice on Operations which sets out JNCC's advice on how human activities can affect site integrity and therefore achievement of the site’s conservation objectives.

These elements together form JNCC’s conservation advice for this site and should be read in conjunction with each other.

Source: JNCC.

 

By WCS : 05 Feb 2018

Consultation Outcome - Fluorinated Greenhouse Gases (F-gas) Regulations: Introducing Civil Penalties

Consultation Outcome - Fluorinated Greenhouse Gases (F-gas) Regulations: Introducing Civil Penalties

The Department for Environment, Food and Rural Affairs (DEFRA) and the Scottish Government ran a consultation seeking views on changing how the EU Fluorinated Greenhouse Gases Regulations are enforced in England and Scotland and marine areas. 

This consultation is now closed. Full details can be viewed here.

Source: DEFRA/Scottish Government.

By WCS : 01 Feb 2018

MMO: Self-Service Marine Licensing

MMO: Self-Service Marine Licensing (link)

The Marine Management Organisation (MMO) has updated its interactive tool for self-service marine licensing.

Source: MMO.

 

By WCS : 29 Jan 2018

BEIS - Open consultation: The proposed introduction of the Offshore Environmental Civil Sanctions Regulations 2018

BEIS - Open consultation: The proposed introduction of the Offshore Environmental Civil Sanctions Regulations 2018

The Department for Business, Energy & Industrial Strategy (BEIS) seeks views on proposals to introduce powers, via The Offshore Environmental Civil Sanctions Regulations 2018, to enable BEIS' Offshore Petroleum Regulator for Environment & Decommissioning (OPRED) to impose civil sanctions in respect of breaches of some existing offshore oil and gas environmental regulations, which presently amount to criminal offences.

The proposed sanctions would apply to offshore oil and gas operators engaged in hydrocarbon-related activities (i.e. oil and gas operations, gas unloading and storage operations and carbon dioxide storage operations) on the United Kingdom Continental Shelf.

This consultation closes on 15 February 2018. Full details can be viewed here.

Source: BEIS/OPRED.

By WCS : 18 Jan 2018

EA - Open Consultation: Charge Reform Proposals

EA - Open Consultation: Charge Reform Proposals

The Environment Agency (EA) have launched a consultation seeking views on proposed changes to charges.

The proposals include changes to the way the EA charge for:

 - regimes within the Environmental Permitting Regulations 2016

 - radioactive substances regulation nuclear and non-nuclear permits

 - marine licences

 - Waste Electrical and Electronic Equipment Regulations 2013

 - Control of Major Accident Hazards Regulations 2015

 - European Union Emissions Trading System

 - definition of waste services

 - planning advice.

The EA also seek views on parts of its abstraction licensing amendments and longer term changes to the way it charges for navigation. 

This consultation ends on 26 January 2018. Full details can be viewed here.

Source: EA.

By WCS : 18 Jan 2018

Notification of the publication of updated conservation advice for North Norfolk Sandbanks and Saturn Reef

Notification of the publication of updated conservation advice for North Norfolk Sandbanks and Saturn Reef (link)

The Joint Nature and Conservation Committee (JNCC) has publshed updated conservation advice for North Norfolk Sandbanks and Saturn Reef SAC. The updated advice includes:

 - background information which explains why and to whom the JNCC are providing advice

 - conservation objectives for the site

 - JNCC’s view of the site’s condition, the conservation benefits it can provide and the conservation measures which, in the JNCC's view, are required to ensure the site achieves its conservation objectives

 - Supplementary Advice on the Conservation Objectives (SACO)

 - advice on operations capable of affecting site integrity and therefore achievement of the site’s conservation objectives, and the guidance on how to use it.

Source: JNCC.

By WCS : 15 Jan 2018

Open Consultation - UK National Standard for Marine Oil Spill Response Providers

Open Consultation - UK National Standard for Marine Oil Spill Response Providers

The Marine and Coastguard Agency (MCA) has launched a consultation on a proposed scheme to ensure minimum standards are adhered to among providers of marine oil pollution response services.

This consultation closes on 9 March 2018. Full details can be viewed here.

Source: MCA.

By WCS : 10 Jan 2018

OGA Publishes Guidance on Offshore Licence Work Programme Commitments

OGA Publishes Guidance on Offshore Licence Work Programme Commitments (link)

The OGA has published guidance on the management of offshore licence work programme commitments.

The document provides guidance on the OGA's usual approach in considering and agreeing with a Licensee an alternative work programme, in accordance with Paragraphs 11 and 12 of the MER UK Strategy. The guidance considers the situation with regard to firm commitments to carry out a work programme under a Seaward Production licence in its Initial Term, including in relation to firm commitments to drill wells in the Initial Term.

Source: OGA.

By WCS : 10 Jan 2018

MIN 561 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2017

MIN 561 (M) Code of Safe Working Practices for Merchant Seafarers: Amendment 2017 (link)

This Marine Information Note (MIN) issued by the Maritime and Coastguard Agency (MCA) provides information about the 2017 amendments to the Code of Safe Working Practices for Merchant Seafarers. The Code provides best practice guidance for health and safety on board ships. It deals with the regulatory framework for health and safety on board ship, gives guidance on safety management and identifies statutory duties underlying the advice in the Code, and provides practical advice for working safely on board.

Changes from the previous Code of Safe Working Practices for Merchant Seafarers (Amendment 1, 2016 Edition) include:

1. New guidance on sunglasses for seafarers.

2. New guidance on the Risk from Sharps.

3. Numerous other changes which are listed in Section 2.5 of this MIN.

This MIN also replaces Marine Information Note MIN 532, which provided details of the 2016 amendments.

Source: MCA

By WCS : 03 Jan 2018

MMO Statutory guidance - Marine Licensing exempted activities

MMO: Statutory guidance - Marine Licensing exempted activities (link)

Exemptions allow the Marine Management Organisation (MMO) to be proportionate in its regulation of the marine environment. They make the marine licensing process more efficient and cost effective in specific cases which the MMO considers to be low risk.

The 2013 and 2011 exemptions orders list 34 activities which may be exempt from requiring a marine licence. These activities are split into three categories:

- exemptions for which no notification is required
- exemption which require notification to be given to the MMO
- exemptions which require approval from the MMO

This newly updated guidance provides brief details of those activities which are exempt from the requirements.

Source: MMO

By WCS : 03 Jan 2018

MGN 578 (M) Use of Equipment to Undertake Work Over the Side on Commercial Yachts, Small Commercial Vessels and Loadline Vessels

MGN 578 (M) Use of Equipment to Undertake Work Over the Side on Commercial Yachts, Small Commercial Vessels and Loadline Vessels (link)

This Marine Guidance Note provides guidance on the use of systems such as “rail and trolley” for undertaking overside work on vessels. These systems allow crew members to work outside conventional guardrails for cleaning and maintenance purposes on yachts and other vessels. There have been a number of accidents using substandard equipment of this type. In particular, it covers the requirement to ensure compliance with BS/EN standards and to ensure maintenance is carried out to the manufacturer's advice.

Source: MCA

By WCS : 03 Jan 2018

MGN 577 (M+F) Guidance on the Maintenance of Lists of Crew Ashore

MGN 577 (M+F) Guidance on the Maintenance of Lists of Crew Ashore (link)

This note advises shipowners, employers, masters of merchant vessels of their obligations to maintain a List of Crew, including all changes, at an address in the United Kingdom.

Source: MCA

By WCS : 02 Jan 2018

Guidance Notes (Draft) - Decommissioning of Offshore Oil and Gas Installations and Pipelines

Guidance Notes (Draft) - Decommissioning of Offshore Oil and Gas Installations and Pipelines (link)

The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) (part of the of the Department of Business, Energy and Industrial Strategy) has issued updated guidance on the regulatory requirements for decommissioning offshore oil and gas installations and pipelines. The decommissioning of offshore oil and gas installations and pipelines on the United Kingdom Continental Shelf (UKCS) is controlled through the Petroleum Act 1998, as amended, and this guidance is intended to provide operators, licensees and contractors with guidance on the obligations set out in that Act.

The content of the guidance remains largely unchanged from the previous version, published in 2009, with the founding principles enshrined in the UKs commitment to OSPAR Decision 98/3 and its requirement that all installations should be completely removed unless a derogation is granted. However, there are some important clarifications and a clearer explanation of the requiements at different stages of decommissioning is provided. There is also greater detail on information that Operators must provide to support decommissioning decisions at various stages. The guidance notes also reflect clearer policy requirements in relation to post decommissioning activity, including a risk based approach to monitoring, and explaining the need for a long term management plan for any infrastructure that will remain in place.

This is a draft document, and some sections are yet to be added. Guidance on the environmental appraisal requirements for decommissioning will be added at a later date.

OPRED is currently seeking feedback on the content and style of the updated guidance, and comments should be emailed to the Offshore Decommissioning Unit at odu@beis.gov.uk by 12th February 2018.

Source: BEIS/OPRED

 

By WCS : 02 Jan 2018

The Pollution Prevention and Control (Scotland) Amendment Regulations 2017

SSI 2017/446 The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (link)

These new Scottish regulations amend the Pollution Prevention and Control (Scotland) Regulations 2012 in order to add provisions relating to medium combustion plants (MCPs), which is a combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts. The amendments provide that no MCP brought into operation on or after 20th December 2018 can operate without a permit or being registered.

Source: HMSO

By WCS : 29 Dec 2017

MMO: Open consultation - Marine licensing application fees: proposed changes 2017

MMO: Open consultation - Marine licensing application fees: proposed changes 2017

The Marine Management Organisation (MMO) is seeking views on its proposals to revise marine licensing application fees.

These fees apply to England, Wales and Northern Ireland offshore marine areas. The MMO believes the changes are needed to ensure application fees reflect the cost it incurs managing applications.

The MMO also seeks views on plans to introduce an online self-service portal.

This consultation closes on 2 February 2018. Full details can be viewed here.

Source: MMO.

 

By WCS : 21 Dec 2017

Consultation Outcome - Consultation on transposition of Environmental Impact Assessment Directive: Regulations on offshore hydrocarbon-related developments and on pipe-lines

Consultation Outcome - Consultation on transposition of Environmental Impact Assessment Directive: Regulations on offshore hydrocarbon-related developments and on pipe-lines

The Department for Business, Energy & Industrial Strategy (BEIS) ran a consultation on proposals for implementing amendments to the EU Directive on environmental impact assessments. The proposals involved the introduction of new UK Regulations,  amending existing Regulations implementing the requirements of the Environmental Impact Assessment Directive. The proposals involved amendments being made to the following Regulations:

 - The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999

 - The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

 - The Pipe-line Works (Environmental Impact Assessment) Regulations 2000

Draft Regulations were presented which would amend these existing Regulations insofar as they apply to the consenting regimes for offshore hydrocarbon related developments including pipe-lines. This would therefore apply to offshore oil and gas operations, offshore gas unloading and storage operations and offshore carbon dioxide storage operations, as well as and onshore pipe-line projects.

The consultation is now closed. Full details can be found here.

Source: BEIS.

 

By WCS : 20 Dec 2017

OGA: Consolidated Onshore Guidance

OGA: Consolidated Onshore Guidance (link)

This guidance, which consolidates previously available guidance, sets out how the OGA will normally consider stated matters and is not a substitute for any regulation or law and is not legal advice. It is intended that the guidance will be kept under review and be revised as appropriate in the light of experience and developing law and practice and any change to the OGA's powers and responsibilities. If the OGA changes its guidance in a material way, it will publish a revised document.

Source: OGA.

By WCS : 20 Dec 2017

Pollution Prevention and Control (PPC) Technical Guidance (IED-PPC-TG4): A practical guide for Part A activities

Pollution Prevention and Control (PPC) Technical Guidance (IED-PPC-TG4): A practical guide for Part A activities (link)

This document provides an introduction to The Pollution Prevention and Control (PPC) (Scotland) Regulations 2012 (PPC 2012) and aims to give an overview of the scope and requirements of the Regulations.

Please also note this guide refers to the regulation of PPC Part A activities as defined in Schedule 1 to PPC 2012. Regulation of PPC Part B activities as defined in Schedule 1 to PPC 2012 focuses on control of emissions to air, and is covered by a separate Part B practical guide. Solvent activities are now defined in Schedule 2 to PPC 2012, and separate guidance is available.

Source SEPA.

By WCS : 20 Dec 2017

New OGA Requirement: Supply Chain Action Plans

New OGA Requirement: Supply Chain Action Plans (link)

From January 2018 the OGA will accept Supply Chain Action Plans (SCAPs) from operators for all new projects, including decommissioning, valued more than £25 million.

The OGA expects SCAPs to be included in all Field Develpment Plans (FDPs) and Decommissioning Plans (DPs) from 1 April 2018. 

The measure aims to ensure operators work appropriately with the supply chain to extract maximum value from project activity.

New guidance, entitled ‘Supply Chain Action Plan Guidance’, is now available to help operators to structure and submit their plans.

Source: OGA.

By WCS : 19 Dec 2017

Notification of the publication of improved draft conservation advice for East of Gannet and Montrose Fields NCMPA and Fulmar MCZ

Notification of the publication of improved draft conservation advice for East of Gannet and Montrose Fields NCMPA and Fulmar MCZ (link)

The Joint Nature Conservation Committee (JNCC) has been working on improving the conservation advice it provides for offshore Marine Protected Areas. The new approach is based on recommended best practice and feedback from current users. Further information on the approach is available on the JNCC Conservation Advice webpage.

Draft updated conservation advice is now available in the conservation advice tab of the Site Information Centre for East of Gannet and Montrose Fields NCMPA and Fulmar MCZ.
The JNCC are offering a six-week period for users to comment on this draft advice via a short survey for East of Gannet and Montrose Fields NCMPA and Fulmar MCZ. Anyone who has questions or would like to discuss the advice, please contact the JNCC on OffshoreMPAs@jncc.gov.uk with ‘Conservation Advice’ in the subject header.

Comments must be received by midnight 24 January 2018.

Source: JNCC.

By WCS : 14 Dec 2017

OGA: Consultation on “satisfactory expected commercial return” safeguard (SECR)

OGA: Consultation on “satisfactory expected commercial return” safeguard (SECR)

The Oil and Gas Authority (OGA) has launched a consultation on its approach to assessing the “satisfactory expected commercial return” (SECR) safeguard as set out in the MER UK Strategy.

SECR is designed as a safeguard for companies seeking to follow the MER UK Strategy and was introduced at the request of industry. It makes clear that companies are not obliged to invest in projects which, while they meet MER UK, do not pass the objective SECR test. In any case where SECR is applied, the OGA will take a pragmatic approach including full detailed discussions between the OGA and companies.

The SECR safeguard provides the same protection in the Strategy’s “use it or lose it” process – where companies might otherwise face being required to relinquish licences if they choose not to maximise economic recovery and, after a reasonable period of time, have been unable to secure investment or divest their assets.

The OGA is aware companies use a wide range of metrics and inputs in assessing returns, not all of which are included in the proposed SECR safeguard and fully expects companies to continue to use their own systems for their purposes. The OGA will assess SECR only for the purposes of and as set out in the Strategy, and has no intention of expanding the application of SECR.

The purpose of the consultation, which opens today (13 December 2017), and closes on 1 March 2018, is to provide clarity and seek views on the OGA’s proposed guidance on how SECR safeguard should be assessed.

Full details can be seen here.

Source: OGA.

By WCS : 14 Dec 2017

SI 2017/1221 The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2017

SI 2017/1221 The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2017 (link)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871). Those Regulations impose on producers the obligation to recover and recycle packaging waste in order to attain the recovery and recycling targets set out in Article 6(1) of European Parliament and Council Directive 94/62/EC on packaging and packaging waste.

These Regulations establish new recycling targets for paper, aluminium, steel and wood for 2018 to 2020. The target for recycling plastic and glass for 2018 to 2020 is continued. The recycling allocation for small producers for 2013 to 2017 is continued for 2018 to 2020.

Source: HMSO.

By WCS : 12 Dec 2017

SI 2017/1207 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017

SI 2017/1207 The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 (link)

Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowances trading within the Community is implemented in the United Kingdom by the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038).

Regarding installations, the relevant reporting and surrender requirements are set out as conditions of the permit. Regulation 2(5) and (6) amend Schedule 4 of the 2012 Regulations to change both the date when installations are required to submit a verified report for the 2018 scheme year to 11th March 2019 and the date when installations are required to surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year to 15th March 2019. For other scheme years those dates remains unchanged

This amendment also:

 - changes the date when aviation operators must submit a verified emissions report for the 2018 scheme year to 11th March 2019. For other scheme years the date remains unchanged.

 - changes the date when aviation operators must surrender sufficient allowances to cover their annual reportable emissions for the 2018 scheme year to 15th March 2019. For other scheme years the date remains unchanged.

 - changes the date from which a penalty is payable where an aviation operator or installation has annual reportable emissions which are not included in the verified report and where there is a failure to surrender sufficient allowances in relation to those unreported emissions. In such cases, the date is changed to 15th March 2019 for the 2018 scheme year. For other scheme years the date remains unchanged.

Source: HMSO.

By WCS : 12 Dec 2017

Work with Ionising Radiation: New Notification Process

Work with Ionising Radiation: New Notification Process (link)

The new Ionising Radiation Regulations 2017 come into force on 1 January 2018 and will replace the existing regulations. These new regulations implement the EU Basic Safety Standards Directive for radiological protection.

One of the biggest changes is how employers tell HSE about their work with ionising radiation. While under the 1999 regulations employers were required to notify HSE, the new regulations require you to notify, register and get consent. It is necessary to apply even if you have previously notified HSE.

This short guidance from the HSE explains the changes and how to apply.

Source: HSE

By WCS : 12 Dec 2017

Environmental Alert 003/2017 – Chemical Storage Tanks

Environmental Alert 003/2017 – Chemical Storage Tanks (link)

This alert has been issued by BEIS in relation to the construction and commissioning of chemical and diesel storage tanks, regarding the potential for releases during tank filling operations.

Source: BEIS.

By WCS : 12 Dec 2017

SI 2017/1206 The Radio Equipment Regulations 2017

SI 2017/1206 The Radio Equipment Regulations 2017 (link)

These Regulations transpose Directive 2014/53/EU on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.

The Directive repeals and replaces Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity which was implemented in the UK by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730). These Regulations revoke and replace S.I. 2000/730.

Source: HMSO.

By WCS : 08 Dec 2017

SI 2017/1200 The Control of Mercury (Enforcement) Regulations 2017

SI 2017/1200 The Control of Mercury (Enforcement) Regulations 2017 (link)

These Regulations supplement Regulation EU 2017/852 of the European Parliament and of the Council on mercury by establishing offences, penalties and enforcement powers relating to that Regulation.

These Regulations also implement Article 17 of the Mercury Regulation which requires the designation of authorities responsible for performing functions under that Regulation.

Provisions are included within these Regulations for civil enforcement by SEPA in Scotland, the Environment Agency in England, the Natural Resources Body for Wales (NRW), and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA).

Enforcement powers include:

- enforcement notices

- action where an action in an enforcement notice has not been complied with

- penalty notices to a person requiring payment of a civil penalty not exceeding £200,000

- costs recovery notices requiring payment of costs relating to enforcement.

Also included in the Regulations are provisions for appeals against enforcement decisions.

Source: HMSO.

By WCS : 08 Dec 2017

RADIO EQUIPMENT REGULATIONS 2017 - Guidance

RADIO EQUIPMENT REGULATIONS 2017 - Guidance (link)

This Guide relates, primarily, to the provisions of the UK Regulations. The European Commission has produced detailed guidance on the provisions of the RED Directive and its requirements, which should be referred to for further guidance.

The RED Directive replaces the Directive on Radio and Telecommunications Terminal Equipment (RTTE) 1999/5/EC and the Regulations will revoke the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000, subject to certain exemptions relating to equipment already placed on the market.

Source: BEIS.

By WCS : 08 Dec 2017

Work with ionising radiation: Draft Approved Code of Practice and guidance

Work with Ionising Radiation: Draft Approved Code of Practice and Guidance (link)

The Ionising Radiations Regulations 2017 will replace the current regulations (the Ionising Radiations Regulations 1999) from 1 January 2018. The Health and Safety Executive (HSE) has therefore issued a new, draft Approved Code of Practice (ACOP) and Guidance.

The ACOP text and the guidance provided in the publication give practical advice on how to comply with the new Regulations. This guidance is mostly for employers with duties under the regulations but should also be useful to others such as radiation protection advisers, health and safety officers, radiation protection supervisors and safety representatives. The main changes introduced by the new legislation are as follows:

- Eye dose limit – the dose limit for exposure to the lens of the eye will be reduced from 150mSv to 20mSv in a year

- Notifying HSE – under the current regulations you must notify HSE about your work with ionising radiation. Under the 2017 regulations, you will need to apply to notify, register and get consent. You must apply even if you’ve previously notified the HSE that you work with ionising radiation.

Note that the 1999 Regulations will continue to apply up to and including 31 December 2017, as will the Approved Codes of Practice and guidance supporting it.

Source: HSE

By WCS : 06 Dec 2017

BEIS: Consultation Outcome - Radio Equipment Directive

BEIS: Consultation Outcome - Radio Equipment Directive

The Department for Business, Energy & Industrial Strategy (BEIS) ran a consultation seeking views on the draft UK regulations for implementing the Radio Equipment Directive 2014/53/EU, extending to their enforcement and the impact assessment. The aim was to ensure that products placed on the market or put into service in the UK are safe and do not interfere with the radio spectrum, without fundamentally changing the existing enforcement arrangements.

The consultation has now ended. Details of the outcome can be found here.

Source: BEIS.

By WCS : 06 Dec 2017

Open Consultation: Environment Agency - Enforcement and Sanctions Policy

Open Consultation: Environment Agency - Enforcement and Sanctions Policy

The Environment Agency (EA) is running a consultation and seeks views on its 'Enforcement and Sanctions Policy'.

The consultation ends on 15 January 2018. Full details can be found here.

Source: EA.

By WCS : 05 Dec 2017

BEIS: Consultation Outcome - Proposed Control of Mercury (Enforcement) Regulations 2017

BEIS: Consultation Outcome - Proposed Control of Mercury (Enforcement) Regulations 2017

The Department for Business, Energy and Industrial Strategy (BEIS) ran a joint consultation with other agencies on how it will enforce controls on mercury in the UK. The controls will apply the requirements of EU Regulation 2017/852 on mercury.

This consultation has concluded. Details are available here.

Source: BEIS.

By WCS : 05 Dec 2017

SI 2017/1177 The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017

SI 2017/1177 The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017 (link)

The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017 amend the Environmental Damage (Prevention and Remediation) (England) Regulations 2015. The amendments serve to devolve enforcement responsibility under the EU Environmental Liability Directive (2004/35/EC) in Welsh offshore areas, transfering responsibility from the Secretary of State to the Welsh Ministers.

The Regulations also amend the 2015 Regulations by removing an unnecessary procedural step and to corrrect a flawed transposition of the 2004 Directive.

Source: HMSO

By WCS : 04 Dec 2017

SI 2017/1075 The Ionising Radiations Regulations 2017

SI 2017/1075 The Ionising Radiations Regulations 2017 (link)

These regulations revoke and supersede the Ionising Radiations Regulations 1999.

The Regulations impose duties on employers to protect employees and other persons against ionising radiation arising from work with radioactive substances and other sources of ionising radiation. The regulations also impose certain duties on employees.

The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom (OJ No L13, 17.1.2014, p 1) laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom.

Source: HMSO.

By WCS : 01 Dec 2017

SI 2017/1157 The Scotland Act 2016 (Commencement No. 7) Regulations 2017

SI 2017/1157 The Scotland Act 2016 (Commencement No. 7) Regulations 2017 (link)

These commencement regulations bring into force Section 49 of the Scotland Act 2016 (Onshore petroleum: existing licences).

This section of the Act gives the Secretary of State powers, under certain circumstances, to amend model clauses, or other provisions, of existing onshore petroleum exploration and development licences (PEDLs).

Source: HMSO.

By WCS : 30 Nov 2017

MCA Guidance - Prevent pollution and reduce harmful emissions at sea

MCA Guidance - Prevent pollution and reduce harmful emissions at sea (link)

The Maritime and Coastguard Agency (MCA) has updated its guidance on preventing pollution and harmful emissions at sea. The guidance outlines the responsibilities of the maritime industry regarding waste at sea and in ports, reducing oil and air pollution, and controlling ozone-depleting substances.

The updated guidance includes information on survey and certification requirements, the regulations preventing pollution by garbage and sewage, guidance on oil pollution and fuel sampling, the use of anti-fouling systems and an outline of the regulations controlling air pollution.

Source: MCA

By WCS : 28 Nov 2017

Guidance: Vessel classification and certification

MCA Guidance - Vessel classification and certification (link)

The Maritime and Coastguard Agency (MCA) has issued updated guidance on the classes to which seagoing vessels registered in the UK are assigned.

The class of a vessel defines their type of permitted use, determines which certification they must hold and specifies the inspection and survey regime required to comply with the certification. This guidance provides details of the main classes and outlines the statutory certificates they are required to carry.

Source: MCA

By WCS : 28 Nov 2017

SI 2017/1143 The Ecodesign for Energy-Related Products (Amendment) Regulations 2017

SI 2017/1143 The Ecodesign for Energy-Related Products (Amendment) Regulations 2017 (link)

These Regulations amend the Ecodesign for Energy-Related Products Regulations 2010 and partially implement Commission Regulations (EU) Nos 2016/2281, 2015/1189 and 2015/1185.

The 2010 Regulations implemented Directive 2009/125/EC establishing a framework for the setting of ecodesign requirements for energy-related products.

The energy-related products are set out in Schedule 1 (declaration of conformity) to the 2010 Regulations, alongside the EU implementing measures which set the ecodesign requirements for those products. Schedule 1 has been amended periodically to include additional products in response to EU implementing measures.

Source: HMSO.

By WCS : 27 Nov 2017

Licensing and Consents – Onshore Licences

Licensing and Consents – Onshore Licences (link)

The Oil and Gas Authority (OGA) has updated its guidance on onshore licences.

Source: OGA.

By WCS : 27 Nov 2017

Dismantlement Safety Cases - Assessment Templates

Dismantlement Safety Cases - Assessment Templates (link)

The Offshore Safety Directive Regulator (OSDR) has updated the 'Wells Dismantlement Assessment Template'.

Source: OSDR.

By WCS : 27 Nov 2017

Safety Case Topic Specialist Assessment Templates and Guidance - Update

Safety Case Topic Specialist Assessment Templates and Guidance - Update (link)

A number of the safety case topic specialist templates have been revised by the Offshore Safety Directive Regulator (OSDR).

The updated templates are:

 - Wells – Production Installations

 - Wells – Non-Production Installations

 - SC Materials and Corrosion.

Source: OSDR.

By WCS : 23 Nov 2017

2017/2102/EU amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment

2017/2102/EU amending Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (link)

This Directive amends Directive 2011/65/EU and relates to, among other things, exemptions, certain mobile machinery, and certain medical devices.

Source: EC.

By WCS : 22 Nov 2017

SI 2017/1118 The Misuse of Drugs (Designation) (Amendment) (No. 2) (England, Wales and Scotland) Order 2017

SI 2017/1118 The Misuse of Drugs (Designation) (Amendment) (No. 2) (England, Wales and Scotland) Order 2017 (link)

This Order amends the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 by inserting the drug known as methiopropamine or MPA into Part 1 of the Schedule to that Order.

Source: HMSO.

 

By WCS : 22 Nov 2017

SI 2017/1117 The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2017

SI 2017/1117 The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2017 (link)

Regulation 3 adds the drug methiopropamine or MPA and related materials to Schedule 1 to the Regulations.

Source: HMSO.

By WCS : 22 Nov 2017

Decommissioning Offshore (Oil and Gas) Installations and Pipelines: Guidance on Charging a Fee

Decommissioning Offshore (Oil and Gas) Installations and Pipelines: Guidance on charging a fee in respect of offshore (oil and gas) installations and pipelines decommissioning programmes under the Petroleum Act 1998 (link)

The purpose of this guidance, in relation to offshore (oil and gas) installations and pipelines, is to provide stakeholders with information regarding the process and fee structure when a person, or persons jointly, submits a decommissioning programme and in respect of any proposal by a person for the revision of an approved programme. In this guidance "offshore (oil and gas) installations and pipelines" refers to installations and pipelines used or intended to be used for carrying on of petroleum exploration and exploitation activities and for gas storage and unloading, but not to carbon storage installations and pipelines.

Source: BEIS.

By WCS : 17 Nov 2017

Environmental Alert 002/2017 – UKHO Notification

Environmental Alert 002/2017 – UKHO Notification (link)

This alert draws attention to instances where operators have not consistently notified the UK Hydrographic Office (UKHO) regarding activities as required by the 'Schedule of Consent Conditions' attached to consents to locate. It further reminds consent owners of their duties in this regard.

Source: BEIS.

By WCS : 16 Nov 2017

SSI 2017/389 The Water Environment (Miscellaneous) (Scotland) Regulations 2017

SSI 2017/389 The Water Environment (Miscellaneous) (Scotland) Regulations 2017 (link)

These Regulations amend the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and revoke the Water Environment (Oil Storage) (Scotland) Regulations 2006.

These regulations do not come into force until 1st January 2018.

Source: HMSO.

By WCS : 15 Nov 2017

Guidance Notes for Onshore Field Development Plans, Field Development Plan Addendums and Cessation of Production

Guidance Notes for Onshore Field Development Plans, Field Development Plan Addendums and Cessation of Production (link)

These notes outline the OGA’s requirements and approach when considering whether to issue such an authorisation for those field developments that are wholly onshore. They are intended as a working guide and not as a definitive explanation of the requirements of the model clauses or of the OGA’s powers under them. 

Source: OGA.

By WCS : 15 Nov 2017

HSE Open Consultation: CD283 - Consultation on implementing new and revised Workplace Exposure Limits

HSE Open Consultation: CD283 - Consultation on implementing new and revised Workplace Exposure Limits

The Health and Safety Executive (HSE) is consulting on the implementation of new and revised Indicative Occupational Exposure Limit Values (IOELVs) for thirty-one chemical substances to help protect workers from the ill-health effects of exposure to hazardous substances in the workplace.

The consultative document sets out HSE’s proposals for establishing workplace exposure limits for the substances listed in the 4th Indicative Occupational Exposure Limit Values (IOELVs) Directive 2017/164/EU, in order to implement it in Great Britain.

The consultation ends on 2 February 2018. Full details can be found here.

Source: HSE.

 

By WCS : 13 Nov 2017

Consultation on Increase to OGA Levy to Fund UK Oil and Gas National Data Repository

Consultation on Increase to OGA Levy to Fund UK Oil and Gas National Data Repository 

The Oil and Gas Authority (OGA) seeks views from the UK oil and gas industry on the establishment of a United Kingdom National Data Repository (NDR), funded via the OGA levy payable by all offshore licensees.

A four-week consultation, which opened on 10 November 2017, will gather feedback on the creation of an NDR which the OGA see as required to improve access to UK petroleum related information, and aims to promote investment and deliver the principal objective of maximising the economic recovery (MER UK).

This consultation closes on 8 December 2017. Full details can be found here.

Source: OGA.

By WCS : 10 Nov 2017

SI 2017/1045 The Environment Act 1995 (Commencement No. 25) Order 2017

SI 2017/1045 The Environment Act 1995 (Commencement No. 25) Order 2017 (link)

This Order brings into force, on 1st January 2018, paragraph 2 of Schedule 21 to the Environment Act 1995 (c. 25) for all remaining purposes. That paragraph substitutes section 222 of the Water Resources Act 1991 (c. 57) to provide that the provisions of that Act, including Part 2, bind the Crown.

Source: HMSO.

By WCS : 08 Nov 2017

OGA Launches Survey of UK Oil and Gas Operators and Licensees

OGA Launches Survey of UK Oil and Gas Operators and Licensees (link)

The Oil and Gas Authority (OGA) has launched its 2017 Stewardship Survey for UK Continental Shelf (UKCS) operators of petroleum licences and of upstream petroleum infrastructure.

The annual survey gathers data on activity and performance. Areas covered include exploration, production, projects, operating, and decommissioning costs & technology.

Data gathered from the survey is used, among other things, to inform the OGA’s asset stewardship reviews with operators and provide meaningful insights into current and forecast activity in the UKCS. It is also used for economic modelling of fields and hubs, and help build regional strategies and area plans.

The OGA also publishes reports derived from these data in the form of lessons learned and benchmarking reports to provide valuable insights for industry.

The main survey opens on 1 November 2017 and will close on 28 February 2018. The activity section of the survey will start on 1 November 2017 and will close on 19 January 2018.

Source: OGA.

By WCS : 07 Nov 2017

SI 2017/1043 The Water Act 2003 (Commencement No. 12) Order 2017

SI 2017/1043 The Water Act 2003 (Commencement No. 12) Order 2017 (link)

This Order brings various provisions of the Water Act 2003 (c. 37) into force on 1st January 2018. Sections 5, 7, and 32 limit or remove certain exemptions from the restriction on abstracting water in the Water Resources Act 1991 (c. 57). Those exemptions relate to rights of navigation, harbour and conservancy authorities, rights to abstract for drainage purposes and visiting forces. Sections 8(2) and 101 make consequential amendments to the Water Resources Act 1991.

Source: HMSO.

By WCS : 07 Nov 2017

SI 2017/1044 The Water Abstraction and Impounding (Exemptions) Regulations 2017

SI 2017/1044 The Water Abstraction and Impounding (Exemptions) Regulations 2017 (link)

These Regulations provide for exemptions from the restriction on abstraction and the restriction on impounding works in the Water Resources Act 1991 (c. 57).

Source: HMSO.

By WCS : 07 Nov 2017

SI 2017/1047 The Water Abstraction (Transitional Provisions) Regulations 2017

SI 2017/1047 The Water Abstraction (Transitional Provisions) Regulations 2017 (link)

These Regulations contain transitional provisions relating to the licensing of water abstraction by certain categories of persons, in the light of amendments made by the Water Act 2003 (c. 37) to the Water Resources Act 1991 (c. 57) (“the 1991 Act”). Those amendments, which come into force on the same date as these Regulations, limit or remove certain exemptions from the restriction on abstracting water in the 1991 Act.

Source: HMSO.

By WCS : 07 Nov 2017

Open Consultation - Bringing Forward EU Emissions Trading System 2018 Compliance Deadlines in the UK

Open Consultation - Bringing Forward EU Emissions Trading System 2018 Compliance Deadlines in the UK

The Department for Business, Energy & Industrial Strategy (BEIS) is seeking views on a proposal to bring forward the 2018 compliance deadlines for UK operators in the EU ETS to before the date of EU Exit on 29 March 2019.

This consultation ends on 24 November 2017. Full details can be found here.

Source: BEIS.

By WCS : 07 Nov 2017

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 – A Guide

The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (as amended) – A Guide (link)

The Department for Business, Energy & Industrial Strategy (BEIS) has issued an updated version of its guidance on the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999. Minor changes have been made to section 2.1.5 (Environmental Statements - Change of Devoloper) and sections 2.2.2 and 2.2.5 (Environmental Impact Assessment Directions - Excluded Projects and Change of Developer, respectively).

Source: BEIS

By WCS : 07 Nov 2017

BEIS - Open Consultation: Revised requirements for radiological protection

BEIS - Open Consultation: Revised requirements for radiological protection: regulation of public exposures and the justification of practices

The Department for Business, Energy & Industrial Strategy (BEIS) is setting out proposals for the transposition of the public exposures and justification aspects of the 2013 Euratom Basic Safety Standards Directive.

It seeks views on the proposals for implementing the requirements of the Directive in relation to planned and existing public exposure situations and the justification of practices involving ionising radiation.

The consultation closes on 15 November 2017. Full details of the consultation can be found here.

Source: BEIS.

By WCS : 02 Nov 2017

SI 2017/1013 The Conservation of Offshore Marine Habitats and Species Regulations 2017

SI 2017/1013 The Conservation of Offshore Marine Habitats and Species Regulations 2017 (link)

The Conservation of Offshore Marine Habitats and Species Regulations 2017 consolidate and update the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, which are revoked.

The 2007 Regulations are the principal means by which the EU Habitats Directive and the EU Wild Birds Directive are transposed in the UK offshore marine area. The Directives lay down rules for the protection, management and exploitation of wildlife, and these new UK Regulations fulfil these objectives in the UK offshore marine area by ensuring that activities beyond territorial waters are carried out in a manner that is consistent with each Directive.

The main amendments in the 2017 Regulations relate to the making of provisions for Welsh Ministers to carry out certain functions in offshore waters adjacent to Wales.

The Regulations come into force on 30th November 2017.

Source: HMSO

By WCS : 02 Nov 2017

SI 2017/1012 The Conservation of Habitats and Species Regulations 2017

SI 2017/1012 The Conservation of Habitats and Species Regulations 2017 (link)

The Conservation of Habitats and Species Regulations 2017 serve to consolidate and update the Conservation of Habitats and Species Regulations 2010, which are revoked. This is being done in order to consolidate the numerous amendments that have been made to the Regulations into a single, new set of Regulations that will improve clarity and accessibility.

Several minor amendments are also made. These changes do not reflect any changes in policy, but serve to update references to related legislation and improve the text of the Regulations. In particular, references to 'regional strategies' and 'unitary development plans' are removed.

The Regulations extend and apply to England and Wales, including the adjacent territorial sea. They come into force on 30th November 2017.

Source: HMSO

By WCS : 02 Nov 2017

MIN 553 (M) Offshore Structure Decommissioning

MIN 553 (M) Offshore Structure Decommissioning (link)

As the oil and gas industry in the UK Continental Shelf matures, a number of fixed offshore installations are being decommissioned or moved. This MIN provides information on requirements for installations being moved from their location.

Source: MCA.

By WCS : 31 Oct 2017

MIN 542 (M+F) Life-Saving Appliances - Recognised Distress Signals and Advertised Alternatives to Pyrotechnic Flares

MIN 542 (M+F) Life-Saving Appliances - Recognised Distress Signals and Advertised Alternatives to Pyrotechnic Flares (link)

This note provides the latest advice to mariners on products sold as distress signalling equipment to be used in an emergency. It highlights the risks of using non-SOLAS or non-pyrotechnic distress flares such as Electronic Visual Distress Signals (EVDS).

Source: MCA.

By WCS : 26 Oct 2017

OGA Traffic Light Monitoring Scheme to Mitigate Induced Seismicity

OGA Traffic Light Monitoring Scheme to Mitigate Induced Seismicity (link)

This guidance outlines the OGA's Traffic Light Monitoring Scheme to mitigate induced seismicity.

Source: OGA.

By WCS : 26 Oct 2017

Operations Notice 4: Radioactive Substances Regulation

Operations Notice 4: Radioactive Substances Regulation (link)

This revised operations notice has recently been made available on the OSDR website. Its purpose is to draw attention the environmental regulatory framework governing radioactive substances in the UK.

Source: ODSR.

 

By WCS : 26 Oct 2017

MCA - MLC 2006 Titles 1 to 5: Regulations, Guidance and Information

MCA - MLC 2006 Titles 1 to 5: Regulations, Guidance and Information (link)

This document provides guidance on the 5 titles of the Maritime Labour Convention (MLC) 2006, and the regulations applying to UK ships under each one.

The MLC:

- sets minimum global standards for seafarers’ living and working conditions

- combines and updates more than 68 maritime-related international labour standards, produced over the last 80 years

- makes it easier for governments and ship owners to apply the system, and provide decent working conditions.

The UK ratified the MLC on 7 August 2013, and the convention came into force on 7 August 2014.

Source: MCA.

By WCS : 25 Oct 2017

EC175 B Helicopters - Emergency Airworthiness Directive: ATA 05 – Time Limits/Maintenance checks – Airworthiness Limitations

EC175 B Helicopters - Emergency Airworthiness Directive: ATA 05 – Time Limits/Maintenance checks – Airworthiness Limitations (link)

This directive is applicable to EC175 B helicopters, with all manufacturer serial numbers.

Prompted by the early removal of some components of the main rotor head (MRH), it was determined that the certification assumptions on the use of the EC175 helicopter in a specific domain (low altitude, high speed) were not conservative for some operators, typically conducting off-shore missions. Consequently, the airworthiness limitations were reassessed and it was concluded that some intervals for mandatory inspections, published in Section 04-20 of the Airworthiness Limitations Section (ALS), needed to be reduced.

This condition, if not corrected, could lead to part failure, possibly resulting in an unsafe condition. Prompted by these findings, AH issued EC175 Emergency Alert Service Bulletin (ASB) 05A017, introducing the new intervals and providing instruction.

Source: CAA/EASA.

By WCS : 24 Oct 2017

BEIS - Open Consultation: Proposed Control of Mercury (Enforcement) Regulations 2017

BEIS - Open Consultation: Proposed Control of Mercury (Enforcement) Regulations 2017

The Department for Business, Energy and Industrial Strategy (BEIS) is seeking views on how it will enforce controls on mercury in the UK. The controls will apply the requirements of EU Regulation 2017/852 on mercury.

This is a joint consultation led in England by Defra, BEIS, with input from the Department of Health. In the Devolved Administrations it has been led by the Scottish Government, the Welsh Government, the Department of Agriculture, Environment and Rural Affairs (Northern Ireland) and the Department of Health (Northern Ireland).

Details can be found here.

Source: BEIS.

By WCS : 23 Oct 2017

OGA: Polymer Enhanced Oil Recovery - Industry Lessons Learned

OGA: Polymer Enhanced Oil Recovery - Industry Lessons Learned (link)

The Oil and Gas Authority (OGA) has issued this lessons learned document to help operators who might consider using polymer enhanced oil recovery (EOR) in field development plans. This document supports the OGA's 'Enhanced Oil Recovery (EOR) Strategy', which aims to help acheive the overall goal of maximising economic recovery (MER).

Source: OGA.

 

By WCS : 20 Oct 2017

DEFRA: Open consultation - Waste Electrical and Electronic Equipment: Amending the 2013 UK Regulations

DEFRA: Open consultation - Waste Electrical and Electronic Equipment - Amending the 2013 UK Regulations

The Department for Environment, Food & Rural Affairs (DEFRA) is seeking views on proposed amendments to the 2013 WEEE regulations, including introducing "Open Scope" requirements.

Details can be found here.

Source: DEFRA.

By WCS : 20 Oct 2017

OSDR: Safety Case Topic Specialist Assessment Templates and Guidance

OSDR: Safety Case Topic Specialist Assessment Templates and Guidance (link)

The OSDR has recently updated several of its Safety Case Topic Specialist Assessment Templates.

Source: OSDR.

By WCS : 19 Oct 2017

ON 77 Offshore accommodation standards - men and women sharing cabins

ON 77 Offshore accommodation standards - men and women sharing cabins (link)

This revised operations notice has recently been made available on the OSDR website.

This notice explains HSE’s policy and role in the inspection and enforcement of the requirement for separate cabins for men and women on offshore installations. It has been revised to clarify HSE’s Operational Policy and in particular, to highlight the flexibility of HSE’s approach and remind duty holders of the need to prevent sex discrimination.

Source: OSDR.

By WCS : 19 Oct 2017

ON 82 Guidance on the Provision of Accommodation on Offshore Installations

ON 82 Guidance on the Provision of Accommodation on Offshore Installations (link)

This revised operations notice has recently been made available on the OSDR website.

This operations notice provides guidance on the provision of accommodation on offshore installations to comply with the requirements of Regulation 12 and Schedule 1 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 (DCR).

Source: OSDR.

By WCS : 19 Oct 2017

ON 34 - Ionising Radiations Regulations 1999: Notification of offshore site radiography work

ON 34 - Ionising Radiations Regulations 1999: Notification of offshore site radiography work (link)

This revised operations notice has recently been made available on the OSDR website.

The Ionising Radiations Regulations 1999 (IRR99) require employers who undertake site radiography to notify the Health and Safety Executive (HSE) before carrying out the work. Annex 1 to this Notice describes the notification requirements and indicates how they can be complied with for offshore site radiography, including repeat notifications, and notification of unforeseen and emergency work.

Source: OSDR.

 

By WCS : 19 Oct 2017

MGN 564 (M + F) Marine Casualty and Marine Incident Reporting

MGN 564 (M + F) Marine Casualty and Marine Incident Reporting (link)

This MGN provides guidance on the legal obligation to notify marine casualties and marine incidents, formerly known as marine accidents, as contained in The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 (as amended).

Source: MCA.

By WCS : 18 Oct 2017

Understanding offshore oil and gas well notifications

Understanding offshore oil and gas well notifications (link)

This guidance has recently been made available on the OSDR website. Its purpose is to brief wells inspectors and administrative support staff of the line to take on queries about well notifications and clarify common misunderstandings concerning notifications on the part of industry. In particular it addresses:

- the occasional failure by industry to understand that notifications are not part of a consent
process;

- which well operations are subject to notification and the relevant notification periods;

- the purpose of the regulations on material changes to notifications, what can be considered as a material change and what changes should be addressed by a new notification; and,

- the process for revalidating old notifications where operations have yet to start.

This guidance updates and replaces SPC/TECH/OSD/45 (which is now withdrawn) for offshore oil and gas notifications.

Source: OSDR.

By WCS : 18 Oct 2017

Offshore Installation Moorings - Offshore Information Sheet No 4

Offshore Installation Moorings - Offshore Information Sheet No 4 (link)

This information sheet has recently been made available on the OSDR website.

It applies to offshore installation moorings and replaces OTO 2001/50 on Station keeping; SPC/ENF/50 on the Reporting of Mooring Failures; and incorporates Safety Notice 3-2005 on FPSO (Floating Production Storage and Offloading vessel) mooring inspection, which is now withdrawn.

Source: OSDR.

By WCS : 18 Oct 2017

MGN 562 (M+F) Radio – Radio Regulations Amendments and GMDSS Radio Equipment Updates

MGN 562 (M+F) Radio – Radio Regulations Amendments and GMDSS Radio Equipment Updates (link)

This Marine Guidance Notes draws attention to the changes made in the Radio Regulations (Appendix 17 and 18) which come into force 1st January 2017 affecting VHF and HF radio communications and equipment. The Maritime and Coastguard Agency does not require the replacement of marine radio equipment installed and used on board. It is, however, the responsibility of a vessel's owner to consider, based upon the area of operation, whether an update or replacement of the on-board radio equipment is necessary.

Source: MCA.

By WCS : 13 Oct 2017

SAFETY BULLETIN 11 - HI-FOG 1900 Sprinklers installed in A1000 assembly bodies

SAFETY BULLETIN 11 - HI-FOG 1900 Sprinklers installed in A1000 assembly bodies (link)

It has been brought to the attention of the MCA that HI-FOG 1900 Sprinkler Heads may not be compatible with some of the A1000 Assembly Bodies.

The internal stop valve of A1000 Assembly Bodies of the types listed in this notice may be pushed beyond its intended range when a HI-FOG 1900 sprinkler is installed.

Source: MCA.

By WCS : 13 Oct 2017

OSDR: Guidance Notes for Preparing Oil Pollution Emergency Plans

OSDR: Guidance Notes for Preparing Oil Pollution Emergency Plans (link)

The Offshore Safety Directive Regulator (OSDR) has issued this updated guidance. 

This guidance has been updated to reflect the introduction of the Competent Authority Portal OPEP submission and update process.

Source: OSDR.

By WCS : 12 Oct 2017

Environment Agency - Research and Analysis

Environment Agency - Research and Analysis

The Environment Agency (EA) has issued the following Research and Analysis documents:

- Minimising risks from fluid reinjection to deep geological formations (link)

- Hazard assessment of chemicals used in oil and gas well development (link)

- Emissions of methane from abandoned onshore oil and gas wells (link)

Source: EA.

By WCS : 11 Oct 2017

MCA: Consultation Outcome - Consultation on Recasting the Merchant Shipping (Load Line)

MCA: Consultation Outcome - Consultation on Recasting the Merchant Shipping (Load Line)

The Maritime and Coastguard Agency (MCA) ran a consultation on proposed Regulations to bring up to date the UK’s transposition of the International Maritime Organization’s (IMO) International Load Line Convention (ILLC) and the International Load Line Protocol (ILLP) into domestic law.

At the same time, it was proposed that they would introduce Ambulatory Reference with the Regulations to incorporate any future amendments to three technical annexes to the Convention/Protocol (the detail which is of a more technical nature) of the ILLC/ILLP into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

The consultation is now closed. Details can be found here.

Source: MCA.

By WCS : 09 Oct 2017

SSI 2017/322 The Pollution Prevention and Control (Designation of Medium Combustion Plant Directive) (Scotland) Order 2017

SSI 2017/322 The Pollution Prevention and Control (Designation of Medium Combustion Plant Directive) (Scotland) Order 2017 (link)

This Order designates Directive 2015/215/EU of the European Parliament and of the Council on the limitation of certain pollutants into the air from Medium Combustion Plants ("the Directive") as a relevant directive for the purposes of paragraph 20 of Schedule 1 to the Pollution Prevention and Control Act 1999 ("the Act").

Schedule 1 to the Act specifies particular purposes for which provision regulating polluting activities may be made by way of regulations under section 2 of the Act. Paragraph 20(1)(b) enables the making of provision which corresponds or is similar to any provision made, or capable of being made, under section 2(2) of the European Communities Act 1972 (c.68) in connection with one of the "relevant Directives".

The effect of the designation is to enable the powers in the Act to be used to transpose the Medium Combustion Plant Directive.

Source: HMSO.

By WCS : 09 Oct 2017

MMO: Marine Licensing Fees

MMO: Marine Licensing Fees (link)

This guidance from the Marine Management Organisation (MMO) sets out the detail of the marine licence fees regime.

Source: MMO.

By WCS : 06 Oct 2017

OGA: Guidance on Information and Samples Plans

OGA: Guidance on Information and Samples Plans (link)

This guidance explains the provisions made in Chapter 3 of the Energy Act 2016 (the 2016 Act) in relation to the preparation of information and samples plans in connection with licence events and describes the Oil and Gas Authority’s (OGA's) expectations with regard to such information and samples plans.

Source: OGA.

 

By WCS : 06 Oct 2017

SI 2017/879 The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017

SI 2017/879 The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017 (link)

These Regulations make various amendments to the Merchant Shipping (Registration of Ships) Regulations 1993 (S.I. 1993/3138) (“the Registration Regulations”).

Regulation 7 inserts a new regulation 105A to the Registration Regulations to allow the Registrar to receive or provide copies of certain documents rather than originals. It further specifies that those copies may be received or provided electronically.

Regulations 3, 4 and 6 amend requirements that the Registrar either retain, endorse or return documents so that those requirements only apply to original documents. Regulation 3 also removes the requirement that the Registrar stamp such documents. Regulation 5 amends regulations 46 and 60 of the Registration Regulations to remove references to ‘office’ copies (allowing copies to be provided instead), and Regulation 8 amends regulation 108 of the Registration Regulations relating to the issue of temporary replacements for a certificate of registry whilst outside of the United Kingdom to remove outdated references to a faxed duplicate.

Regulation 9 removes a requirement that a document be ‘lodged with’ the Registrar, and instead allows the document to be ‘provided to’ the Registrar.

Regulation 10 inserts a new regulation 113B into the Registration Regulations. It requires the Secretary of State to review the operation and effect of the Registration Regulations and publish a report before 1st October 2022, and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

Source: HMSO.

By WCS : 06 Oct 2017

Safety Alert: CEMHD 1 2017 Siemens - Maxum II Edition Gas Chromatograph - Safety Features

Safety Alert: CEMHD 1 2017 Siemens - Maxum II Edition Gas Chromatograph - Safety Features (link)

This Safety Alert is aimed at those using the Siemens Maxum II Edition Gas Chromatograph product which is believed to be widely in use in the Oil, Gas and Chemicals industries. The purpose of the Gas Chromatograph (GC) is to analyse samples of chemicals and determine the composition. Units can be installed both on industrial plant and lab facilities. Samples are fed into the Gas Chromatograph using carrier gases including hydrogen and nitrogen.

The unit is ATEX certified for use in potentially hazardous areas. The protection concept for the upper Electronics Enclosure is "PX". This design is based on a purge flow of air being used to dilute any flammable gases present below the flammable limits.

The issue was discovered after an incident when an instrument technician was injured as a result of an explosion. The GC was being returned to service after being left in 'hold' status', during this 'hold' period flammable gas (hydrogen) had accumulated in the electronics enclosure of the GC. The main safety feature to prevent the potential build-up of gas, an automatic purge unit, was not re-engaged as part of the start-up operation. It is possible to by-pass the automatic purge unit prior to start up by setting the GC mode from 'operation' to 'maintenance' using a key located behind the detector cabinet panel.

The injuries sustained were life changing and could have been even more serious.

Although the incident occurred whilst operating the Siemens Maxum II GC unit there is the possibility that a similar set of circumstances may be replicated with GC equipment from other manufacturers.

Source: HSE.

By WCS : 06 Oct 2017

OSDR: Competent Authority Portal ('CAP') - Industry User Guidance For Safety Cases

OSDR: Competent Authority Portal ('CAP') - Industry User Guidance For Safety Cases (link)

The Offshore Safety Directive Regulator (OSDR) operates an online “portal” for the submission of documents by the Industry and for the OSDR to carry out its functions as a competent authority under EU Directive 2013/30/EU on the safety of offshore oil and gas operations. The UK Energy Portal is a secure system designed to allow Duty Holders to make submissions and notifications online in order to obtain the necessary regulatory authorisations to operate on the UKCS.

This guidance, issued by the OSDR, provides information on the basic functions for Industry users in relation to Safety Case and any associated submissions.

Source: OSDR

By WCS : 05 Oct 2017

BEIS - Revised Requirements for Radiological Protection: Emergency Preparedness and Response

BEIS - Revised Requirements for Radiological Protection: Emergency Preparedness and Response

BEIS are consulting on the emergency preparedness elements in order to transpose the Euratom Basic Safety Standards Directive 2013 (BSSD 2013).

This consultation is relevant to those working with radiological material, in particular where an emergency as a result of that work with radiological material might have an impact on the public.

Emergency planners working in local authorities will also have an interest in the topics on which we are consulting.

This consultation ends on 17/11/17. Full details can be found here.

Source: BEIS.

By WCS : 05 Oct 2017

SI 2017/942 The Energy Act 2016 (Commencement No. 4 and Transitory Provision) Regulations 2017

SI 2017/942 The Energy Act 2016 (Commencement No. 4 and Transitory Provision) Regulations 2017 (link)

These Regulations bring the remaining provisions of the Energy Act 2016 into force.

The commenced provisions relate to the appointment of information and samples coordinators, and to the preparation and agreement of information and samples plans in relation to the transfer, expiry, revocation or surrender of rights under an offshore licence, and provide a right of appeal to the First-tier Tribunal on prescribed grounds against the preparation by the Oil and Gas Authority of an information and samples plan.

Regulation 3 provides that the sanction for failure to agree an information and samples plan in advance of a licence event does not apply before 12th November 2017.

Source: HMSO.

By WCS : 05 Oct 2017

Emergency Airworthiness Directive: ATA 55 – Stabilizers – Horizontal Stabilizer Attachment Bolts – Inspection/Modification/Clearance Check

Emergency Airworthiness Directive: ATA 55 – Stabilizers – Horizontal Stabilizer Attachment Bolts – Inspection/Modification/Clearance Check (link)

During a daily inspection of an EC175 B helicopter, a gap was noticed between the horizontal stabilizer and its fitting. The subsequent torque check revealed the loss of torque of one of the nuts. After removal of the affected nut, the observed clearance was found to be above the maximum allowable value of 0.1 millimetres (mm). During a daily inspection of another helicopter, one of the two horizontal stabilizer attachment bolts was found to be protruding from its seat. At a closer inspection, the bolt was found broken in its threaded section and kept in place by the sealant.

These conditions, if not detected and corrected, could lead to the in-flight loss of the horizontal stabiliser, possibly resulting in loss of control of the helicopter.

Source: CAA/EASA.

By WCS : 04 Oct 2017

HSE: Consultation on proposals to amended Control of Asbestos Regulations (2012)

HSE: Consultation on proposals to amended Control of Asbestos Regulations (2012)

The HSE is consulting on proposals to change regulation 22 of the Control of Asbestos Regulations 2012 (CAR 2012).

The change involves increasing the interval by one year with which licensed asbestos workers are required to attend for medical examination.

In brief, those undertaking licensed work with asbestos would be required to undergo medical examination by an HSE-appointed doctor every three years.

Consultation began on 2 October 2017 and ends on 30 October 2017. Full details of this consultation can be found here.

Source: HSE.

By WCS : 03 Oct 2017

OGA: Update to Meetings Statutory Notice

OGA: Update to Meetings Statutory Notice (link)

The Oil and Gas Authority (OGA) has today published an updated Meetings Statutory Notice.

The Energy Act 2016 (the Act) gives the OGA the power to attend and participate in certain ‘relevant’ external meetings (including videoconferencing and teleconferences) between different companies operating in the UK continental shelf.

The OGA states that this power is not about intervening in everyday conversations or attending internal meetings and the purpose of the Notice is to limit the meetings to which the obligations on industry apply.

The Act places related obligations on industry to inform the OGA in advance of these meetings, provide it with documentation and, if the OGA does not attend, provide it with a written summary of the relevant parts of the meeting.

The main changes to this Notice from that published last year are:

 - The list of assets in scope of Operating Committee Meetings and Technical Committee Meetings has been updates to reflect the OGA’s new opportunity matrix

 - The definition of Joint Operating Agreements (JOAs) has been changed to ensure all JOAs are captured

 - New definitions to capture meetings between owners and users of named infrastructure have been added

 - A new definition to capture meetings between more than one of the owners of named fields has been added

 - Some minor drafting changes have been made to increase clarity - including setting out who within a JOA should inform the OGA of meetings.

Source: OGA.

By WCS : 03 Oct 2017

MIN 556 (M) Navigation: Port Marine Safety Code Compliance Submission for 2018 – 2021

MIN 556 (M) Navigation: Port Marine Safety Code Compliance Submission for 2018 – 2021 (link)

This notice sets out the PMSC compliance date for UK Ports, Harbours and Marinas for the Period of 2018-2021.

Source: MCA.

By WCS : 27 Sep 2017

Emergency Airworthiness Directive: ATA 62 – Main Rotor – Rotating Swashplate Yokes – Inspection/Rework

Emergency Airworthiness Directive: ATA 62 – Main Rotor – Rotating Swashplate Yokes – Inspection/Rework (link)

This Emergency Airworthiness Directive has been issued in respect of EC 225 LP helicopters, all manufacturer serial numbers, equipped with main rotor (M/R) rotating swashplate Part Number (P/N) 332A31-3074-00 or P/N 332A31-3074-01.

Source: CAA/EASA.

By WCS : 26 Sep 2017

BEIS OFFSHORE ENVIRONMENT UNIT (OEU) Cost Recovery for Offshore Petroleum Functions – A Guide

BEIS OFFSHORE ENVIRONMENT UNIT (OEU) Cost Recovery for Offshore Petroleum Functions – A Guide (link)

BEIS OEU has prepared this guide regarding its cost recovery.

It applies to relevant BEIS OEU functions relating to offshore oil and gas operations, offshore gas unloading and storage operations, and offshore carbon dioxide storage operations. The guide provides information on the scope and nature of BEIS OEU functions where costs may be recoverable regarding:

- the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998;

- the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015;

- various EU Fluorinated Gas Regulations and the Fluorinated Greenhouse Gases Regulations 2015;

- regulation 49 of the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007;

- part 4A of the Energy Act 2008 (consents to locate);

- part 4 of the Marine and Coastal Access Act 2009 (marine licensing);

- the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999;

- the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001;

- the Offshore Chemicals Regulations 2002;

- the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005;

- the Greenhouse Gas Emissions Trading Scheme Regulations 2012;

- the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;

- the Energy Savings Opportunity Scheme Regulations 2014; and

- the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015.

Source: BEIS.

By WCS : 22 Sep 2017

Environment Agency - Consultation: Standard rules consultation No. 15: Unintentional Receipt of Radioactive Materials and Radioactive Waste

Environment Agency - Consultation: Standard Rules Consultation No. 15: Unintentional Receipt of Radioactive Materials and Radioactive Waste

The Environment Agency (EA) has proposed a new 'standard rules environmental permit' to cover the accumulation and disposal of radioactive materials, and radioactive waste at sites with a radiation detection system.

The onshore environmental regulator for England hopes the new 'standard rules permit' will provide efficient regulation for operators and the EA, and protect the environment from pollution.

The EA seeks comments on the proposed new standard rule set and its risk assessment. The agency is also assessing the financial impacts of this proposal.

Responses from the consultation will be used to help develop the standard rule set. The EA aim is to publish the new standard rule set and risk assessment before the end of January 2018.

Full details of this consultation can be found here.

Source: EA.

By WCS : 18 Sep 2017

BEIS Guidance on the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

BEIS Guidance on the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 (link)

The Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 served to implement EU Directive 85/337/EEC on the Assessment of the Effects of Certain Public and Private Projects on the Environment 1997. This Directive requires environmental assessments to be carried out for certain types of project, including offshore oil and gas activities.

This newly issued guidance from the Department for Business, Energy and Industrial Strategy (BEIS) provides guidance on where the Regulations apply, the requirements they put in place and how environmental impact assessments should be prepared. Further guidance is also provided on submitting applications, reporting emissions and deposits, and on enforcement.

Source: BEIS

By WCS : 11 Sep 2017

BEIS Consultation: Policy Proposals for Offshore Combustion Plant

BEIS Consultation: Policy Proposals for Offshore Combustion Plant (link)

This consultation seeks comments on policy proposals for transposing relevant requirements of the Medium Combustion Plant Directive (EU) 2015/2193 (“the MCPD”) and Chapter III of the Industrial Emissions Directive 2010/75/EU (“the IED”) in respect to eligible combustion plants on offshore installations engaged in hydrocarbon-related activities (i.e. oil and gas operations plus gas and carbon dioxide unloading/storage operations) in applicable territorial waters and on the United Kingdom Continental Shelf.

Source: BEIS.

By WCS : 07 Sep 2017

MCA: SAFETY BULLETIN 10 - COSMO MED and Type Approved Fire Doors – Faulty A60, A0 and B15 Fire doors

MCA: SAFETY BULLETIN 10 - COSMO MED and Type Approved Fire Doors – Faulty A60, A0 and B15 Fire doors (link)

The Maritime & Coastguard Agency (MCA) was made aware that an issue arose with fire doors manufactured by COSMO Co. Ltd. COSMO Fire doors of A60, A0 and B15 standard that have been type approved and are certified to MED Modules B and D by DNV GL, produced between November 2013 and July 2017 might be affected by this issue.

Source: MCA.

By WCS : 01 Sep 2017

2017/1510 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards CMR substances

2017/1510 amending the Appendices to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards CMR substances (link)

This amends annex XVII of REACH as regards CMR substances.

Source: EC.

By WCS : 01 Sep 2017

SI 2017/855 The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017

SI 2017/855 The Petroleum and Offshore Gas Storage and Unloading Licensing (Amendment) Regulations 2017 (link)

These Regulations amend:

 - the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225);

 - the Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (S.I. 2009/2813);

 - the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686); and

 - the Petroleum Licensing (Applications) Regulations 2015 (S.I. 2015/766).

 The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 are amended in order to:

 - provide for the Initial Term of a licence to be divided into phases and for termination at the end of a phase when the criteria set out in the new model clause 4(1) to (3) have not been met;

 - provide for termination on the expiry of any other deadline in the Work Programme for the Initial Term when the action required to be taken by that deadline has not been taken;

 - provide for amendments to the Work Programme for the Initial Term to be agreed by way of notice from the Licensee and subsequent direction from the OGA, rather than by Deed of Variation; and

 - provide for extension of the phases of the licence.

The Offshore Gas Storage and Unloading (Licensing) Regulations 2009 have been amended in order to replace references to repealed legislation. These amendments do not make any substantive change.

These Regulations also amend the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014. Amendments have been made to model clauses 6 and 22A in order to add clarity. References to repealed legislation have also been replaced, but these amendments do not make any substantive change.

The Petroleum Licensing (Applications) Regulations 2015 have been amended in order to replace references to “promote licences”, as the promote licence concept has been removed from the Seaward Regulations

Source: HMSO

By WCS : 29 Aug 2017

SI 2017/837 The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2017

SI 2017/837 The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2017 (link)

These Regulations further amend the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 ("the 2010 Regulations"). The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012 ("the 2012 Regulations") amended the 2010 Regulations by separating the prohibitions on the ship-to-ship transfer of cargo oil and the ship-to-ship transfer of bunker oil (fuel). These are described in the 2010 Regulations as a "cargo transfer" and a "bunkering operation" respectively (see regulation 2 of the 2010 Regulations) and were both contained in regulation 3(1) of the 2010 Regulations. Following amendment by the 2012 Regulations, the prohibition on bunkering operations is contained in regulation 3(2A) of the 2010 Regulations.

Regulation 6 of the 2010 Regulations, which permits the Secretary of State to make exemptions to the general prohibitions on cargo transfers and bunkering operations, was not amended by the 2012 Regulations.

Regulation 2 of these Regulations amends regulation 6(1) of the 2010 Regulations in order to put beyond doubt the Secretary of State's power to exempt from the general prohibitions contained in regulation 3 of the 2010 Regulations both cargo transfers and bunkering operations.

Source: HMSO.

By WCS : 23 Aug 2017

SI 2017/825 The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017

SI 2017/825 The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017 (link)

These Regulations are made to support the operation of Regulation (EU) No. 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport and amending Directive 2009/16/EC (O.J. L123, 19.5.2015, p. 55.) ("the 2015 Regulation").

The 2015 Regulation creates a mechanism for monitoring and reporting carbon dioxide emissions from ships and for reporting other information at national and European Union level. Compliance with the 2015 Regulation is to be demonstrated by a document of compliance which must be carried on board the ship.

The Regulations create a requirement for a ship entering or leaving a UK port to carry a valid document of compliance (regulation 4), the failure to produce the document of compliance is a criminal offence (regulation 5) and the ship may be detained (regulation 6).

A ship which is the subject of an expulsion order issued by another EEA State may not enter a port in the United Kingdom (regulation 7), but the Secretary of State has a discretion to permit a ship which is the subject of an expulsion order to enter a specific port or anchorage (regulation 8). Where the validity of a detention is questioned the matter may be referred to arbitration (regulation 9) and compensation awarded (regulation 10).

The Regulations also amend the Merchant Shipping (Port State Control Regulations) 2011 (S.I.2011/2601) to make it a requirement for an inspection under those regulations to include a check that the ship is carrying a document of compliance; this will apply to inspections carried out on and after 30th June 2019. The Regulations also correct an error in the drafting in regulations 2 and 3 of those regulations (regulation 11).

The Secretary of State is required to review the operation and effect of regulations 3 to 10 of these Regulations and publish a report before 1st October 2022 and within every five years after that (regulation 12). Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

Source: HMSO.

By WCS : 23 Aug 2017

OGA - Updates to PWA Templates

OGA - Updates to PWA Templates (link)

The Oil and Gas Authority (OGA) has updated its templates for pipeline works authorisations (PWAs).

Source: OGA.

By WCS : 03 Aug 2017

OGA: Guidance on the Development and Use of Area Plans

OGA: Guidance on the Development and Use of Area Plans (link)

This guidance aims to help the UK oil and gas industry’s understanding of area plans.

Area plans are not intended to guarantee commercial returns for participants but can help demonstrate achievement of the principal objective of maximising the economic recovery of UK’s offshore oil and gas resources (MER UK) (the principal objective) and meeting MER UK obligations, required actions and behaviours.

That, based on the information before it, the OGA considers an area plan to be broadly consistent with the principal objective, does not prevent the OGA from exercising any appropriate regulatory powers in relation to activities carried out in relation to that area plan.

All parties need to cover their own costs of involvement in all phases of an area plan. Where joint costs are incurred between participants, as indicated in a scope of work document, allocation of these will be handled in the project governance subsequently agreed by the relevant parties. For the majority of area plans, the OGA will normally expect industry to lead on developing and delivering the plans.

Source: OGA.

By WCS : 02 Aug 2017

2017/1375 amending Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

2017/1375 amending Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases (link)

This regulation amends Implementing Regulation (EU) No 1191/2014 regarding reporting in relation to fluorinated greenhouse gases.

Source: EC.

By WCS : 02 Aug 2017

SD-2017/002: Airbus Helicopters EC225LP and AS332L2 Limitations of Operations due to a Fatal Accident in Norway on 29 April 2016 and Return to Service Requirements

SD-2017/002: Airbus Helicopters EC225LP and AS332L2 Limitations of Operations due to a Fatal Accident in Norway on 29 April 2016 and Return to Service Requirements (link)

The purpose of this Safety and Operational Directive is to assure safe operations of Airbus Helicopters EC225LP and AS332L2 helicopters following a fatal accident in Norway with an EC225LP on the 29 April 2016 and replaces SD 2017/001. As a result of the further report from Accident Investigation Board Norway issued on the 28 April 2017, ongoing discussions with EASA, Airbus Helicopters and CAA Norway together with the publication of EASA AD 2017-0134 dated 27 July 2017, the UK CAA and CAA Norway (CAA-N) have determined that the aircraft may be returned to service under controlled conditions and in accordance with operator safety cases.

Source: CAA.

By WCS : 02 Aug 2017

Disused Pipeline Notification - Update

Disused Pipeline Notification - Update (link)

This disused pipeline notification form has been updated by the Department for Business, Energy & Industrial Strategy (BEIS). The updates comprise some minor text edits.

Source: BEIS.

By WCS : 28 Jul 2017

The OGA Launches 30th Offshore Licensing Round Focusing on Mature Areas of the UKCS

The OGA Launches 30th Offshore Licensing Round Focusing on Mature Areas of the UKCS (link)

The Oil and Gas Authority (OGA) has launched the 30th Offshore Licensing Round with 813 blocks or part blocks on offer in mature areas of the UK Continental Shelf (UKCS) totalling an area of 114,426 km2 (28,275,280 acres).

Blocks are on offer in the Southern, Central and Northern North Sea, the West of Shetland and East Irish Sea, featuring a large inventory of prospects and undeveloped discoveries. The round will make use of the new Innovate Licence, developed by the OGA in collaboration with industry to create flexible, variable licences.

To support companies in their technical assessments, the OGA recently released around 140 datapacks on undeveloped discoveries which are included in the latest round offering. Of these, around 60 contain 'technical montages' which provide the discovery’s history, static and dynamic information and digital subsurface data.

Source: OGA.

By WCS : 25 Jul 2017

CAA - EASA EAD 2017-0127-E: AIRBUS HELICOPTERS - EC175 B helicopters: Stabilizers - Horizontal Stabilizer Attachment Bolts - Inspection/Clearance Check

CAA - EASA EAD 2017-0127-E: AIRBUS HELICOPTERS - EC175 B helicopters: Stabilizers - Horizontal Stabilizer Attachment Bolts - Inspection/Clearance Check (link)

During a daily inspection of an EC175 B helicopter, a gap was noticed between the horizontal stabilizer and its fitting. The subsequent torque check revealed the loss of torque of one of the nuts. After removal of the affected nut, the clearance was found to be above the maximum allowable value of 0.1 millimetres (mm). During a daily inspection of another helicopter, one of the two horizontal stabilizer attachment bolts was found to be protruding from its seat. At a closer inspection, the bolt was found broken in its threaded section and kept in place by the sealant.

These conditions, if not detected and corrected, could lead to in-flight loss of the horizontal stabilizer, possibly resulting in loss of control of the helicopter.

Source: CAA.

By WCS : 21 Jul 2017

MCA: Consultation on the Draft Ship Recycling Regulations 2017

MCA: Consultation on the Draft Ship Recycling Regulations 2017

The Maritime and Coastguard Agency (MCA) have launched a consultation on its proposals for the implementation of an effective enforcement regime for the EU Ship Recycling Regulation through the proposed Ship Recycling (Requirements in relation to Hazardous Materials on Ships) Regulations 2017.

Full details of this consultation can be found here.

Source: MCA.

By WCS : 21 Jul 2017

SD-2017/001: Airbus Helicopters EC225LP and AS332L2 Limitations of Operations due to a Fatal Accident in Norway on 29 April 2016 and Return to Service Requirements

SD-2017/001: Airbus Helicopters EC225LP and AS332L2 Limitations of Operations due to a Fatal Accident in Norway on 29 April 2016 and Return to Service Requirements (link)

The purpose of this Safety and Operational Directive, issued by the Civil Aviation Authority (CAA), is to assure safe operations of Airbus Helicopters EC225LP and AS332L2 helicopters following a fatal accident in Norway with an EC225LP on the 29 April 2016 and replaces SD 2016/003.

As a result of the further report from Accident Investigation Board Norway issued on the 28 April 2017, ongoing discussions with EASA, Airbus Helicopters and CAA Norway together with the publication of EASA AD 2017-0111 dated 23 June 2017, the UK CAA and CAA Norway (CAA-N) have determined that the aircraft may be returned to service under controlled conditions and in accordance with operator safety cases.

Source: CAA.

By WCS : 20 Jul 2017

Guidance on the preparation and content of offshore oil and gas field development plans

Guidance on the preparation and content of offshore oil and gas field development plans (link)

This guidance has been produced by the OGA and sets out the requirements for a field development plan (FDP).

Source: OGA.

By WCS : 19 Jul 2017

SI 2017/743 The Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017

SI 2017/743 The Wireless Telegraphy (Mobile Communication Services on Ships) (Exemption) Regulations 2017 (link)

These Regulations give effect to EU obligations of the United Kingdom contained in the Commission Implementing Decision 2017/191/EU of 1 February 2017 amending Decision 2010/166/EU in order to introduce new technologies and frequency bands for mobile communication services on board vessels (MCV services) in the European Union (OJEU No L 29, 3.2.2017, p 63). These Regulations revoke the Wireless Telegraphy (Mobile Communication Services on Board Ships) (Exemption) Regulations 2011 (S.I. 2011/316).

These Regulations exempt the use of wireless telegraphy apparatus which complies with certain terms, provisions and limitations, from the requirement to be licensed under section 8(1) of the Wireless Telegraphy Act 2006 (c.36). The apparatus must be on board a ship which is registered in the British Islands and the exemption applies when the ship is within the limits of the British Islands and the territorial waters adjacent thereto, or, for the time being, beyond the British Islands and the territorial waters adjacent thereto (Regulation 4).

The terms, provisions and limitations for the exemption to apply are set out in regulation 5.

Source: HMSO.

By WCS : 17 Jul 2017

SI 2017/746 The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2017

SI 2017/746 The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2017 (link)

These Regulations amend the Wireless Telegraphy (Exemption and Amendment) Regulations 2010 (S.I. 2010/2512 as amended by S.I. 2011/3035, S.I. 2013/1253, and S.I. 2014/1484).

These Regulations extend the exemption for establishing, installing and using short-range devices.

Source: HMSO.

By WCS : 17 Jul 2017

BEIS: Consultation on Radio Equipment Directive

BEIS: Consultation on Radio Equipment Directive

This consultation is aimed at all stakeholders with an interest in radio equipment and associated industry. It seeks views on the draft UK regulations for implementing the Radio Equipment Directive 2014/53/EU, extending to their enforcement and the impact assessment. The aim is to ensure that products placed on the market or put into service in the UK are safe and do not interfere with the radio spectrum, without fundamentally changing the existing enforcement arrangements.

It is important to note that this is not a consultation on the contents of the Directive, the subject of a previous consultation.

Full details of the consultation can be found here.

Source: BEIS.

By WCS : 17 Jul 2017

OGA Awards Twelve Licences in the 2016 Supplementary Offshore Oil and Gas Licensing Round

OGA Awards Twelve Licences in the 2016 Supplementary Offshore Oil and Gas Licensing Round (link)

The Oil and Gas Authority (OGA) has offered, for award, twelve licences to eleven companies in the 2016 supplementary offshore licensing round, which closed for applications in March 2017.

Fourteen blocks were originally on offer in this supplementary round, offered in response to industry nominations of areas outside of those covered by last year’s frontier 29th Licensing Round.

Locations varied across the UK Continental Shelf (UKCS), from the southern North Sea to east of Shetland. The round offered blocks under flexible terms, enabling applicants to define licence duration and phasing, allowing them to execute their optimal work programme.

In all, 15 applications covering eleven blocks were received and the OGA is now ready to make offers of award in respect of twelve licences covering the eleven blocks.

Five of the awards are for work programmes that will proceed straight to second term, either for potential developments, or redevelopments of fields where production had ceased and the acreage had been relinquished. The remainder of the licences will enter the initial term (exploration stage).

Source: OGA.

By WCS : 13 Jul 2017

MGN 457 (M) Oil Recovery Vessel Code - Withdrawal in Favour of Alternative Arrangements

MGN 457 (M) Oil Recovery Vessel Code - Withdrawal in Favour of Alternative Arrangements (link)

This Notice addresses

- the withdrawal of the MCA Code of Practice for Vessels Engaged in Oil Recovery Operations, the "Black Code", ISBN: 0-11-551811-8;

- the Alternative Arrangements to provide an equivalent level of safety and environmental protection; and

- factors considered in the decision to withdraw the Code.

Source: MCA

By WCS : 11 Jul 2017

SI 2017/720 The Offshore Installations (Safety Zones) (No. 3) Order 2017

SI 2017/720 The Offshore Installations (Safety Zones) (No. 3) Order 2017 (link)

This order establishes safety zones around subsea installations which are in place, and makes provision for safety zones to be established around installations not yet stationed.

Installations stationed at the time the Order is made:

(1) Name of
offshore installation
(2) Latitude (3) Longitude
Kraken Drill Centre 4,
Block 9/2b,
Kraken Field
59° 55.89’N   01° 14.98’E
Horne and Wren,
Block 53/3c,
Horne and Wren Field
52° 54.12’N   02° 35.55’E

Installations not stationed at the time the Order is made:

(1) Name of
offshore installation
(2) Latitude (3) Longitude
Edradour PLEM,
Block 206/4a,
Edradour Field
 60° 54.658'N   02° 32.259'W 
Lancaster Manifold,
Block 205/21a,
Lancaster Field
 60° 11.95'N   03° 51.86'W

Source: HMSO

By WCS : 10 Jul 2017

New Assessments on State of the Marine Environment in OSPAR Waters

New Assessments on State of the Marine Environment in OSPAR Waters (link)

The OSPAR Commission has launched a major new assessment of the state of our marine environment and the pressures caused by marine activities.

JNCC has played a key part in helping to assess the biodiversity elements of the report.

The parties to the OSPAR Convention for the Protection and Conservation of the North-East Atlantic produce an overview report every ten years on trends in pressures and impacts and the quality status of the North-East Atlantic and its Regions. This intermediate report, which will help some countries to report against the Marine Strategy Framework Directive in 2018, is the culmination of a six-year research and development process to both produce and define new indicators of the state of the marine ecosystem.

Source: JNCC

By WCS : 06 Jul 2017

BEIS: Updated DPN Form

BEIS: Updated DPN Form (link)

This disused pipeline notification (DPN) form has been updated to replace a named email address with a generic BEIS email address.

Source: BEIS

By WCS : 06 Jul 2017

OGA: Stewardship Expectations Implementation Guides

OGA: Stewardship Expectations Implementation Guides (link)

These implementation guides support the Asset Stewardship Expectations. They provide further detail to assist operators and licensees in achieving them. This includes the rationale, the expected outcomes and a description of key elements or behaviours required to meet the OGA's expectations.

Source: OGA

By WCS : 06 Jul 2017

Consultation on a New Climate Change Bill

Consultation on a New Climate Change Bill

The Scottish Government has launched a consultation on a new Climate Change Bill to amend parts of the 2009 Act relating to emission reduction targets and reporting duties.

Full details of the consultation can be found here.

Source: Scottish Government.

By WCS : 03 Jul 2017

OGA: Consultation Launched on Proposed Regulations for the Retention and Disclosure of Information and Samples

OGA: Consultation Launched on Proposed Regulations for the Retention and Disclosure of Information and Samples

This consultation seeks views from industry on the OGA’s proposals for two sets of regulations relating to the retention, and to the public disclosure by the OGA, of petroleum-related information and samples pursuant to the Energy Act 2016:

- Retention regulations will set out what information and samples industry will be required to retain, and for how long. Part 1 of this consultation seeks views from industry on the OGA’s proposals for what the retention regulations should contain.

- Disclosure regulations will set out which information and samples the OGA may disclose publicly, and the time period after which disclosure may take place. Part 2 of this consultation seeks views from industry on the OGA’s proposals for what the disclosure regulations should contain.

These proposals for regulations aim to fulfil one of the key recommendations of the Wood Review, of ensuring greater access to timely and transparent data to facilitate MER UK, while minimising burden on industry.

Full details of the consultation can be found here.

Source: OGA.

By WCS : 03 Jul 2017

2017/999 amending Annex XIV to Regulation EC No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH

2017/999 amending Annex XIV to Regulation EC No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals REACH (link)

This amendment to REACH updates the table in Annex XIV.

Source: EC

By WCS : 29 Jun 2017

OGA: Decommissioning Cost Estimate Report

OGA: Decommissioning Cost Estimate Report

The Oil and Gas Authority (OGA) have published the UKCS Decommissioning 2017 Cost Estimate Report.

The report sets industry a target to reduce decommisioning costs by at least 35%.

The OGA says the report has been produced to provide greater certainty of the cost of decommissioning all of the UK’s oil and gas infrastructure, and has produced a decommissioning cost estimate value of £59.7 billion. 

The Authority is also set to monitor industry’s performance towards the target, and provide support.

Details, and the full report, can be found here.

Source: OGA.

By WCS : 29 Jun 2017

OGA Southern North Sea Tight Gas Strategy

OGA Southern North Sea Tight Gas Strategy (link)

The OGA estimates that there are some 3.8 trillion cubic feet (tcf) of remaining gas accessible within the Southern North Sea (SNS), inclusive of infill opportunities, undeveloped discoveries and prospects.

Tight gas reservoirs are often disregarded as both high cost and high risk. Licence holders tend to focus their resources on opportunities that are less complex, have lower development costs and higher recovery factors. The successful implementation of this Tight Gas Strategy represents an opportunity to unlock this remaining potential within the SNS.

Beyond the immediate benefits, the development of tight gas opportunities also has the ability to extend the economic life of the remaining infrastructure and thereafter stimulate field redevelopments, as well as marginal pools.

Further tangible benefits may also be derived by the local supply chain through the stimulation of activity, as well as building local capability and expertise in tight gas.

The aim of this strategy is to help deliver tight gas developments across the SNS in support of the OGA’s Maximising Economic Recovery strategy for the UK (MER UK) and furthermore the OGA’s objectives and priorities within the Corporate Plan 2016-2021.

Source: OGA

 

By WCS : 27 Jun 2017

MIN 548 (M+F) Codes of practice for controlling risks due to noise and vibration on ships

MIN 548 (M+F) Codes of practice for controlling risks due to noise and vibration on ships (link)

This Marine Information Note advises industry on the Codes of Practice for Controlling risks due to noise and vibration on ships produced by the Maritime and Coastguard Agency, and where copies may be obtained.

Source: MCA

By WCS : 27 Jun 2017

MGN 417 M F MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System (GMDSS)

MGN 417 M F MCA Requirements for Companies Offering Shore-Based Maintenance of Radio Equipment under the Global Maritime Distress and Safety System (GMDSS) (link)

Maritime Administrations must ensure that companies offering a GMDSS Shore-Based Maintenance (SBM) service are acceptable in accordance with IMO Resolution A.702 (17). Where the ship owner has opted for radio equipment to be maintained through a Shore-Based Maintenance Agreement, the Maritime and Coastguard Agency (MCA) has agreed with industry a set of requirements that need to be met by a company seeking registration as a SBM provider. These provisions are set out in the annexes to this MGN.

Source: MCA

By WCS : 23 Jun 2017

MIN 544 (M F) International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004

MIN 544 (M F) International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (link)

This Marine Information Note provides:

- Information regarding the Ballast Water Management Convention and its implementation.

- Information on the UK implementation of the Ballast Water Management Convention.

Source: MCA

By WCS : 22 Jun 2017

MCA: Consultation on recasting the Merchant Shipping (Load Line)

MCA: Consultation on recasting the Merchant Shipping (Load Line)

The Maritime and Coastguard Agency (MCA) has launched a consultation on proposed Regulations to bring up to date the UK’s transposition of the International Maritime Organization’s (IMO) International Load Line Convention (ILLC) and the International Load Line Protocol (ILLP) into domestic law.

At the same time, it is proposed that they will introduce Ambulatory Reference with the Regulations to incorporate any future amendments to three technical annexes to the Convention/Protocol (the detail which is of a more technical nature) of the ILLC/ILLP into UK law by reference on an ongoing basis, instead of transposing it provision by provision.

This consultation invites interested parties to comment on several documents.These documents, as well as information on how to respond, can be found on the MCA website here.

Source: MCA

By WCS : 22 Jun 2017

OPRED: EEMS OPPC Monthly Returns

OPRED: EEMS OPPC Monthly Returns 

OPRED have been planning to change to the reporting of OPPC monthly returns, via EEMS, from the 16th to the 28th of each month, to align with other end of month reporting.

However, the EEMS change happened prior to the necessary amendment to the OPPC Standard Industry Conditions (SIC) which created a discrepancy between EEMS and permit requirements. When this was identified the EEMS returns date was changed back to the 16th of the month in line with current SIC.

While OPRED will still in due course amend EEMS to allow monthly OPPC returns to be made by 28th of the month, the SIC must first be varied which will require notification to permit holders and a period of time for representations to be made to the Department. It is expected that this will happen in Q3 2017.

Questions should be directed to cubs@beis.gov.uk.

Source: OPRED/BEIS.

By WCS : 20 Jun 2017

MSN 1796 M F Vessel Traffic Services - Designation of Vessel Traffic Service VTS Centres in the United Kingdom

MSN 1796 M F Vessel Traffic Services - Designation of Vessel Traffic Service VTS Centres in the United Kingdom (link)

This revised notice identifies and designates UK VTS for the purpose of requiring compliance by shipping with regulations 6 and 7 of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004, implementing European Parliament and Council Directive 2002/59/EC.

It also provides the formal identification of UK vessel traffic services (VTS) within UK waters for the benefit of the compliance of shipping with the Regulations and SOLAS Chapter V, Regulation 12.

Source: MCA

By WCS : 20 Jun 2017

2017/997 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 'Ecotoxic'

2017/997 amending Annex III to Directive 2008/98/EC of the European Parliament and of the Council as regards the hazardous property HP 14 'Ecotoxic' (link)

This regulation amends Annex III of 2008/98/C on waste and repealing certain Directives.

Source: EC

By WCS : 19 Jun 2017

OGA Data Release and Technology Event to Support the 30th Offshore Licensing Round

OGA Data Release and Technology Event to Support the 30th Offshore Licensing Round (link)

The Oil and Gas Authority (OGA) has announced a suite of measures designed to make data openly available and stimulate interest in the UK Continental Shelf (UKCS) ahead of the 30th Offshore Licensing Round.

The 30th Offshore Licensing Round will focus on the more mature areas of the UKCS – some of which were last offered for licensing more than 40 years ago – and is expected to be the most significant offshore round in recent decades.

Source: OGA

By WCS : 19 Jun 2017

2017/1000 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards perfluorooctanoic acid (PFOA), its salts and PFOA-related substances

2017/1000 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards perfluorooctanoic acid (PFOA), its salts and PFOA-related substances (link)

This amendment to the REACH regulations adds an entry to the table in Annex XVII.

Source: EC

By WCS : 14 Jun 2017

OGA: PPRS Solution Goes Live

OGA: PPRS Solution Goes Live (link)

The OGA’s new Petroleum Production Reporting System (PPRS) went live late on 9th June. The OGA says the new system provides substantial benefits to industry and the Authority. And following a series of information sessions and testing with UKCS operators, key changes to the system are as follows:

- New interface for operators to load monthly data into PPRS via XML upload, web service, online form upload

- Standard data validation rules to ensure high quality data

- New accountability and processes for data quality and data submission

- Enhanced tools for the OGA to monitor data quality and data submissions

- Some changes to the definitions of reporting units

- QC and feedback loop is quicker

- Better tracking and governance of data submissions.

Source: OGA.

By WCS : 12 Jun 2017

OGA: Industry Update – 2017 UKCS Stewardship Survey

OGA: Industry Update – 2017 UKCS Stewardship Survey (link)

The OGA initiated the process to commence work on the 2017 UKCS Stewardship Survey and has written to operators and licence holders outlining forward plans on 1 June 2017. Critical to the success of this year’s survey, which will be launched on 1 November 2017 and close end February 2018, will be to build in improvements highlighted by industry. Workshops will be set up with licence holders during August and September to build in these improvements and training is being planned for October.

Source: OGA

By WCS : 02 Jun 2017

SSI 2017/168 The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017

SSI 2017/168 The Environmental Impact Assessment (Miscellaneous Amendments) (Scotland) Regulations 2017 (link)

These Regulations make minor changes and corrections to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017, the Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017.

Source: HMSO

By WCS : 01 Jun 2017

Environmental permitting of onshore oil and/or gas facilities - Policy Paper

Environmental permitting of onshore oil and/or gas facilities - Policy Paper (link)

This regulatory position statement enables onshore oil and gas sites to operate whilst permit variations and/or new applications are determined.

Source: Environment Agency

 

By WCS : 30 May 2017

EU Regulation 2017/852 on mercury, and repealing Regulation 1102/2008

EU Regulation 2017/852 on mercury, and repealing Regulation 1102/2008 (link)

These new European Union regulations revoke and replace the previous EU Mercury regulations (1102/2008). The new regulations are being introduced in order to bring EU law into line with the United Nations Minamata Convention, which aims to protect human health and the environment from the adverse effects of mercury.

The Regulations prohibit the export of mercury, provide for the proper storage of mercury waste and restrict the use of mercury in many products.

In order to allow the competent authorities and economic operators sufficient time to adapt to the new regime laid down by this Regulation, they will not apply until 1st January 2018.

Source: European Commission

By WCS : 26 May 2017

MIN 546 (M) Seafarer Fatigue - Publication of Results of Two Research Projects Investigating Aspects of Seafarer Fatigue

MIN 546 (M) Seafarer Fatigue - Publication of Results of Two Research Projects Investigating Aspects of Seafarer Fatigue (link)

This Marine Information Note (MIN) issued by the Maritime and Coastguard Agency (MCA) announces the publication of two new research projects to investigate aspects of fatigue as it relates to watchkeepers. The MCA considers seafarer fatigue to be a potentially serious issue which is detrimental to safety at sea and the health of seafarers.

Source: MCA

By WCS : 22 May 2017

2017/776 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures

2017/776 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (link)

These regulations amend Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures.

Source: EC

By WCS : 19 May 2017

The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

By WCS : 19 May 2017

BEIS: Mercury Regulations - Reporting Reminder

BEIS: Mercury Regulations - Reporting Reminder

The Offshore Inspectorate of the Department of Business, Energy and Industrial Strategy (BEIS) has contacted operators to remind them of thier duties persuant to the Commission Regulation (EC) No. 1102/2008 on the Banning of Exports and Safe Storage of Metallic Mercury.

These regulations require operators, by 31st May each year, to send a report to the European Commission, and copied to BEIS Offshore Inspectorate, reporting; 

 - The total quantity, in kilograms, of mercury gained from the cleaning of natural gas (i.e. the use of Mercury extraction systems to remove mercury from natural gas so that it can meet pipeline specifications) for each individual installation, during the previous calendar year, and,

 - The total quantity, in kilograms, of any mercury that is sent to individual storage/disposal facilities (including the location and contact details of these facilities) from each individual installation, during the previous calendar year.

The up-to-date guidance document, inclding the reporting form (Annex 'A') can be viewed here.

If BEIS are not copied by 31 May 2017, they will assume no gaining or sending of mercury to storage/disposal facilities. 

Source: BEIS

By WCS : 19 May 2017

MSN 1831 (M+F) Vessel Traffic Monitoring Notification and Reporting Requirements for Ships and Ports

MSN 1831 (M+F) Vessel Traffic Monitoring Notification and Reporting Requirements for Ships and Ports (link)

This notice deals with information to be provided by ships and port authorities in order to comply with Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 as amended from 25/11/2011. The information to be provided concerns:

- 24 hour notice, prior to entry into a UK port, for all ships of 300 gross tonnage and above and fishing vessels, traditional ships, and recreational craft with a length of 45 metres and above,

- notification by all ships regardless of size, either departing from or bound to a UK port carrying dangerous or polluting goods,

- reporting requirements in the event of an accident/incident.

Source: MCA

By WCS : 18 May 2017

SI 2017/631 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2017

SI 2017/631 The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2017 (link)

These Regulations amend the Misuse of Drugs Regulations 2001 (link). The Schedule of those Regulations in which a controlled drug is placed affects the extent to which the drug can be lawfully imported, exported, produced, supplied or possessed and dictates the record keeping, labelling and destruction requirements in relation to that drug.

Regulation 3 of these amending Regulations adds a synthetic opioid (known as U-47,700), several methylphenidate related materials and a number of designer benzodiazepines to Schedule 1 to the Regulations. The controlled drugs placed in Schedule 1 to the Regulations are those subject to the tightest controls.

Source: HMSO

By WCS : 14 May 2017

SI 2017/632 The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2017

SI 2017/632 The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2017 (link)

The controlled drugs specified in Part 1 of Schedule 1 of the Misuse of Drugs (Designation) (England, Wales and Scotland) Order 2015 (link) are designated as drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies. This Order amends the 2015 regulations by inserting a synthetic opioid (U-47,700), several methylphenidate related materials and a number of designer benzodiazepines into Part 1 of the Schedule to that Order.

Source: HMSO

By WCS : 14 May 2017

Updated Disused Pipeline Notification Form

OPRED: Updated Disused Pipeline Notification Form (link)

The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) has revised and reissued the disused pipeline notification (DPN) form

Source: BEIS/OPRED

By WCS : 09 May 2017

The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017

SI 2017/588 The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (link)

These Amending Regulations implement, in relation to certain marine works, EU Directive 2011/92 on the assessment of the effects of certain public and private projects on the environment, which ensures that projects likely to have significant effects on the environment are subject to an environmental assessment prior to their approval or authorisation.

These Regulations apply in the English inshore region, the English offshore region, the Scottish inshore region (with respect to certain reserved projects), the Scottish offshore region, the Welsh inshore region, the Welsh offshore region, the Northern Ireland inshore region and the Northern Ireland offshore region.

Source: HMSO

By WCS : 08 May 2017

The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017

SSI 2017/137 The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (link)

These Regulations have been introduced in order to update and replace certain provisions of the Roads (Scotland) Act 1984. This is being done in order to implement paragraphs (1) to (15) of Article 1 of Directive 2014/52/EU (on the assessment of the effects of certain public and private projects on the environment). The Regulations integrate environmental considerations into the preparation of projects related to trunk road development with a view to reduce their environmental impact.

Source: HMSO

By WCS : 08 May 2017

PON 2 – BEIS OPRED Notification pro-forma for reporting the loss or dumping of synthetic refuse at sea

PON 2 – BEIS OPRED Notification pro-forma for reporting the loss or dumping of synthetic refuse at sea (link)

The Department of Business, Energy and Industrial Strategy (BEIS) has issued an updated version of the PON 2 pro-forma for reporting the loss or dumping of synthetic refuse at sea. This form must be sent, within 6 hours of loss or dumping incident, to BEIS OPRED and the organisations listed in the introduction to the form.

Source: BEIS

By WCS : 05 May 2017

PON 10 Pro Forma for Reporting Non Compliance with Consent Conditions Under Part 4A of the Energy Act 2008, Including the Failure of Aids to Navigation

PON 10 Pro Forma for Reporting Non Compliance with Consent Conditions Under Part 4A of the Energy Act 2008, Including the Failure of Aids to Navigation (link)

The Department for Business, Energy and Industrial Strategy (BEIS) has issued an updated version of its PON 10 pro forma for reporting non-compliance with consent conditions under the Energy Act 2008. 

Any non-compliance with the consent conditions relating to the provision of any lights, signals or other aids to navigation; the stationing of guard ships in the vicinity of the operations; and the taking of any other measures for the purposes of, or in connection with, controlling the movements of ships in the vicinity of the operations must be reported immediately by completing this form and sending it to BEIS OPRED and UK Hydrographic Office.

Source: BEIS

By WCS : 05 May 2017

The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

SI 2017/580 The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (link)

These Regulations make continuing provision for environmental impact assessments (EIAs) to be undertaken in relation to applications for consents for—

- new offshore generating stations under section 36 of the Electricity Act 1989 (applications are made to the Marine Management Organisation (the "MMO"));

- variations of existing section 36 consents under section 36C of that Act (applications are made either to the Secretary of State or the MMO, depending on who granted the original consent); and

- consents for overhead electric lines under section 37 of that Act (applications are made to the Secretary of State).

Numerous changes are also made to the existing regime for EIAs, as outlined in the Explanatory Note.

Source: HMSO

By WCS : 04 May 2017

Consultation on Performance Regulation for sites operating under the Environmental Permitting Regulations

The Environment Agency is planning to replace its Operator Risk Appraisal (Opra) scheme for sites operating under the Environmental Permitting Regulations (EPR). Central to this process is a proposed shift from compliance to performance based regulation. According to the Environment Agency this will provide 'an opportunity to take a holistic view of operator performance and to introduce opportunities for incentive-based or market based regulation'.

As part of this process the Agency has launched an informal consultation seeking feedback and comments on the attributes and criteria that they will assess under Performance Regulation, including how the regulatory approach can be more transparent, consistent and customer focused.

The full consultation can be viewed on the Environment Agency's website here. The consultation will close on 26th May 2017.

Source: Environment Agency

By WCS : 03 May 2017

Safety Alert STSU 1-2017 Catastrophic failure of silo – bolted conical bottom section

Safety Alert STSU 1-2017 Catastrophic failure of silo – bolted conical bottom section (link)

This safety alert issued by the Health and Safety Executive (HSE) highlights the possibility of micro-cracks in silos where the conical bottom section has been cold formed and assembled using bolted joints.

A recent incident occurred where a small leak was noticed around the hip joint area of the conical bottom section on a large capacity silo. Shortly after, the conical bottom of the silo separated catastrophically, resulting in an uncontrolled release of approximately 600 tonnes of wheat grain.

The investigation found that the conical bottom had separated where it was folded and bolted to the main cylindrical structure. This was due to the propagation of micro-cracks on the cold formed edge, ie the fold line at the top of the conical bottom section. These micro-cracks were formed as a direct result of the design and manufacturing process.

Users of silos used in the storage of bulk materials, of the specific design discussed, should take action to make sure that the silos are safe for use. This should include an inspection to detect cracks at the vulnerable locations discussed in this alert.

Source: HSE

By WCS : 26 Apr 2017

SI 2017/582 The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

SI 2017/582 The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017 (link)

These Regulations—

- implement Directive 2014/52/EU(a) of the European Parliament and of the Council of 16 April 2014 on the assessment of the effects of certain public and private projects on the environment (“the EIA Directive”) (as it applies offshore and to certain pipe-lines on land in Great Britain);

- implement an obligation under Article 6 of Council Directive 92/43/EEC(b) on the conservation of natural habitats and of wild flora and fauna (“the Habitats Directive”) as it applies offshore to oil and gas activities, carbon capture storage and gas storage, and unloading; and

- make minor corrections to the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 (S.I. 2015/385).

Source: HMSO

By WCS : 26 Apr 2017

SSI 2017/121 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2017

SSI 2017/121 The Carbon Accounting Scheme (Scotland) Amendment Regulations 2017 (link)

These Regulations amend the Carbon Accounting Scheme (Scotland) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations make provision about carbon units and carbon accounting for the purposes of Part 1 of the Climate Change (Scotland) Act 2009.

Source: HMSO

By WCS : 26 Apr 2017

MIN 542 (X) Life-Saving Appliances - Recognised Distress Signals and Advertised Alternatives to Pyrotechnic Flares

MIN 542 (X) Life-Saving Appliances - Recognised Distress Signals and Advertised Alternatives to Pyrotechnic Flares (link)

The International Regulations for Preventing Collisions at Sea 1972 (COLREGS) specifies the signals which should be used if a vessel is in distress and needs immediate assistance. Distress alerting equipment to transmit these signals (e.g. flares) is required to be carried on certain vessels.

This Merchant Information Note issued by the Maritime and Coastguard Agency (MCA) provides the latest advice on products sold as distress signalling equipment to be used in an emergency. It highlights the risks of using non-SOLAS or nonpyrotechnic distress flares such as Electronic Visual Distress Signals (EVDS).

The note replaces MIN 464.

Source: MCA

By WCS : 25 Apr 2017

MGN 567 (M) Life-Saving Appliances - Marine Evacuation Systems, Survival Craft and Launching Appliances - Risk Mitigation for Single Point of Failure

MGN 567 (M) Life-Saving Appliances - Marine Evacuation Systems, Survival Craft and Launching Appliances - Risk Mitigation for Single Point of Failure (link)

This MGN explains the process to be applied by ship operators to demonstrate the assessment and mitigation of the risk of a single point of failure leading to reduced abandonment capacity.

Source: MCA

By WCS : 24 Apr 2017

2017/706 amending Annex VII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards skin sensitisation and repealing Commission Regulation (EU) 2016/1688

2017/706 amending Annex VII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards skin sensitisation and repealing Commission Regulation (EU) 2016/1688 (link)

This amendment to REACH replaces point 8.3 of Annex VII, regarding skin sensitisation.

Source: EC

 

By WCS : 24 Apr 2017

SI 2017/572 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

SI 2017/572 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (link)

These Regulations consolidate with amendments the provisions of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 ("the 2009 Regulations") and subsequent amending instruments.

These Regulations also implement amendments to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment ("the Directive") which were made by Directive 2014/52/EU.

These Regulations implement the requirements of the Directive for environmental impact assessment ('EIA') procedures in the context of the nationally significant infrastructure regime which extends to England and Wales and for limited purposes to Scotland. To the extent that these Regulations implement the Directive in relation to this regime, they extend to Wales and Scotland.

Source: HMSO

By WCS : 24 Apr 2017

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

SI 2017/571 The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (link)

These Regulations consolidate, with amendments, the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and subsequent amendments. They also serve to implement amendments to EU Directive 2011/92/EU (on the assessment of the effects of certain public and private projects on the environment) which were made by EU Directive 2014/52/EU.

The main changes from the 2009 Regulations are:

- the circumstances in which a project may be exempt from the EIA process;

- the introduction of co-ordinated procedures for projects which are also subject to assessment under Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora or Directive 2009/147/EC on the conservation of Wild Birds;

- the list of environmental factors to be considered as part of the EIA process;

- the information to be provided to inform a screening decision and the criteria to be applied when making a screening decision;

- the way in which an environmental statement is to be prepared, including an amendment to the information to be included in it, the introduction of a requirement that it be based upon a scoping opinion (where one has been obtained) and a requirement that it be prepared by a competent expert;

- to the means by which the public is to be informed of projects which are subject to the EIA process; and

- the introduction of a requirement for decision-makers to avoid conflicts of interest.

The Regulations apply in England only.

Source: HMSO

By WCS : 24 Apr 2017

OGA: Technology Delivery Programme

OGA: Technology Delivery Programme (link)

The UKCS is one of the world’s most technologically advanced and diverse hydrocarbon provinces with a successful track record in pioneering new technologies throughout 50-year development and production history.

Sustaining investments in the adoption, adaption and development of mature and new technology solutions has the potential to transform development, production performance and cost effectiveness in the UKCS. Successful implementation of technology can extend the life of mature fields and reduce their eventual decommissioning costs. It can also improve the economics of many new, smaller or technically challenging fields, helping to unlock up to half of the 3 billion barrels of oil equivalent of existing discoveries not being developed.

The Technology Delivery Programme, which builds on the previously published Technology Strategy, is structured in three parts, covering the three main elements of the Technology Strategy and outlines six actions.

Its actions align with the objectives of the OGA Activity Plan 2017-2018.

Source: OGA

By WCS : 24 Apr 2017

OGA response to the consultation on proposed changes to model clauses for seaward production licences

OGA response to the consultation on proposed changes to model clauses for seaward production licences (link)

On 21 April 2017, the OGA published its response to the consultation on the proposed changes to model clauses for seaward production licences.

The document lists the organisations that responded to the consultation, summarises the responses received and sets out the OGA’s response to the issues raised and the next steps.

The consultation was held from 21 November 2016 to 6 January 2017. It can be found here.

Source: OGA

By WCS : 24 Apr 2017

The OGA emphasises collaboration as key to success

The OGA emphasises collaboration as key to success (link)

The Oil and Gas Authority (OGA) has reaffirmed its focus on the importance of collaboration and is urging industry to increase the pace at which licensees develop a culture of collaboration internally, and externally with existing joint venture (JV) partnerships and beyond.

Further to the recommendations of Sir Ian Wood’s UK Continental Shelf (UKCS) Maximising Recovery Review, collaboration was incorporated in the Petroleum Act 1998 as a key part of delivering the principal objective of maximising economic recovery (MER). Through the MER UK Strategy, collaboration was elevated from being a matter of general practice to a statutory obligation.

The OGA’s Asset Stewardship Collaboration Implementation Guide (SE-09) details how an organisation can demonstrate it is meeting the OGA’s requirements of this stewardship expectation, including the use of a recognised collaborative behavioural assessment tool within their JV and acting in accordance with voluntary codes of practice and charters.

Source: OGA

By WCS : 20 Apr 2017

Oil and Gas Authority Overview 2017

Oil and Gas Authority Overview 2017 (link)

The OGA has published the OGA Overview, revised in April 2017. The aim of this document is to provide a high level overview of the OGA and its background, responsibilities and way forward. Further details can be found in the OGA Corporate Plan and Activity Plan.

Source: OGA

By WCS : 20 Apr 2017

2017/699 establishing a common methodology for the calculation of the weight of electrical and electronic equipment (EEE) placed on the market of each Member State and a common methodology for the calculation of the quantity of waste electrical and electronic equipment (WEEE) generated by weight in each Member State

2017/699 establishing a common methodology for the calculation of the weight of electrical and electronic equipment (EEE) placed on the market of each Member State and a common methodology for the calculation of the quantity of waste electrical and electronic equipment (WEEE) generated by weight in each Member State (link)

In order to ensure uniform conditions for the calculation of the minimum annual collection rate of WEEE by the Member States in accordance with Directive 2012/19/EU, this regulation establishes a common methodology to be used by Member States where they calculate that collection rate based on the weight of electrical and electronic equipment (EEE) placed on their respective markets, as well as a common methodology for the calculation of the total quantity of WEEE generated by weight in each Member State, to be applied when that option becomes available to Member States in accordance with Directive 2012/19/EU.

Source: EC