My Lords, there are three instruments in this group before the Committee today. Two are concerned with the regulation of chemicals and chemical products, and the third concerns the regulation of fluorinated gases and ozone-depleting substances. A common thread is that each one contains provisions necessary to implement the protocol on Ireland and Northern Ireland.
We have worked with the devolved Administrations on all three instruments and they have given consent. I confirm that all three instruments will be able to
function with or without a deal with the European Union. I also confirm that all three instruments have been considered by the JCSI and that no issues have been drawn to the attention of the House.
The first instrument that I will cover is the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2020. The EU’s ODS regulation and F-gas regulation implement the Montreal protocol by controlling and reducing the use of ODS and HFCs, which are the main types of F-gas. Registration, licensing of production, imports and exports and quota limits underpin these controls.
The instrument will enable the UK to meet the requirements of the Northern Ireland protocol regarding restricting the use of ozone-depleting substances and fluorinated greenhouse gases, which I will refer to as ODS and F-gases from hereon. This will be done by making changes to existing EU exit legislation. The instrument also amends dates to prevent errors of law.
The Northern Ireland protocol requires that the EU F-gas and ODS regulations remain applicable to and in Northern Ireland. Northern Ireland will remain part of the EU’s systems. This means establishing quota systems for Great Britain that are separate from the EU systems. Producers or importers will require GB quota to place on the GB market, with businesses selling into Northern Ireland needing EU quota.
This instrument also introduces provisions to control the movement of F-gases and ODS between Great Britain and Northern Ireland. This movement will be deemed as imports or exports. Controlling such movement is vital to maintain the integrity of the GB F-gas and ODS systems, meet the Northern Ireland protocol requirements, and ensure UK compliance with its Montreal protocol obligations.
The instrument meets two key principles: first, to continue our contribution to UK climate ambition through complying with our Montreal protocol obligations; and, secondly, to impose the most light-touch measures that we can on the movement of goods between Northern Ireland and Great Britain while adhering to the Northern Ireland protocol and meeting our international obligations.
The previous SI, the Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations 2019, as amended by this instrument, will transfer powers and functions previously held by European institutions to appropriate bodies in England, Scotland and Wales. The Scottish and Welsh devolved Administrations will have the competence to establish their own ODS and F-gas systems if they choose to do so in the future. They have also agreed in principle to the operation of GB-wide ODS and F-gas systems. The Secondary Legislation Scrutiny Committee highlighted this instrument given its impact on movement of goods between Northern Ireland and Great Britain.
I now move on to the Control of Mercury (Amendment) (EU Exit) Regulations 2020. This instrument makes amendments to the retained EU law to ensure that legislation which manages the control of mercury is operable at the end of the transition period. In addition, it reflects the requirements of the Northern Ireland protocol. This instrument revokes and replaces the Control of Mercury (Amendment) (EU Exit)
Regulations 2019, as well as Regulation 8 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. These provisions are now included in this instrument. Revoking the two SIs made in 2019 and remaking the provisions contained in those SIs in this instrument ensures that we do not have more than one set of amending legislation.
This instrument also amends the Control of Mercury (Enforcement) Regulations 2017. In addition, we will be introducing new procedural requirements for the transport of elemental mercury between GB and Northern Ireland and introducing a prohibition on the transport of specified products containing mercury between GB and Northern Ireland. There are currently no controls on the movement of these specified products containing mercury or elemental mercury between EU member states. These new requirements should prevent the uncontrolled flow of elemental mercury and the specified products containing mercury from the EU into Great Britain via Northern Ireland.
This instrument provides for the exercise, by the appropriate GB Minister, of a number of legislative functions currently carried out by the European Commission. These legislative functions were previously included in Regulation 8 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019. That instrument was debated in the House of Lords and House of Commons on 12 and 14 February 2019 respectively and agreed by both Committees.
Following the UK’s withdrawal from the EU, the retained EU legislation, as amended by this instrument, will continue to implement the UK’s obligations as a party to the Minamata convention and provide a regulatory framework for the management of mercury. Northern Ireland will continue to apply EU regulation 2017/852 to manage mercury in the environment.
This SI meets the Government’s commitment to the Northern Ireland protocol and ensures continued levels of protection for human health and the environment, as well as providing stability and continuity for business.
I turn to the third and final instrument, the Detergents (Amendment) (EU Exit) Regulations 2020, whose primary aim is to ensure that the UK meets its obligations under the Northern Ireland protocol in respect of Regulation (EC) No. 648/2004 on detergents—the EU detergents regulation. This has been done by amending the existing EU exit regulations on detergents, which are already in place.
I will highlight the key amendments that this instrument makes to the existing EU exit regulations. Noble Lords will not be surprised to learn that they are merely technical in nature. This instrument makes special provision for detergents in Northern Ireland in respect of qualifying Northern Ireland goods, creating a category of protected imports from Northern Ireland and enabling them unfettered access to the Great Britain market, while maintaining standards of protection for the environment and human health. The technical changes made by this instrument will give effect to the Northern Ireland protocol by ensuring that the EU detergents regulation, as it has effect in EU law, continues to apply in Northern Ireland, and that the amendments to the retained version of the EU detergents regulation extend to Great Britain only.
Trade from Northern Ireland to the rest of the UK should continue to take place as it does now—that is, there will be unfettered access, as provided for by the protocol. Therefore, at the end of the transition period, businesses in Northern Ireland may continue to place their goods in any part of the UK internal market without new restrictions.
In addition to these changes made to the existing EU exit regulations on detergents, this instrument amends the Detergents Regulations 2010—the domestic enforcement regulations on detergents—ensuring that the Northern Ireland enforcement authorities can continue to enforce the EU detergents regulation as it has effect in EU law, while the retained version of the EU detergents regulation can continue to be enforced in Great Britain. The changes made to the 2010 regulations will also have the effect of ensuring that the competent authority functions, currently exercised by the Secretary of State under the EU detergents regulation, will be exercised by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.
The Secondary Legislation Scrutiny Committee has considered and cleared this SI from scrutiny without comment. I assure Members of the Committee that the overarching aim of this instrument is to provide continuity for detergent businesses, to ensure that, following the end of the transition period, the high standards of human health and environmental safety will continue across the UK, and to reflect the obligations under the Northern Ireland protocol. I beg to move.
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