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Rachel MacLeod

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European Union: Deforestation Regulation – New due diligence requirements to tackle deforestation and forest degradation

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In brief The new EU Deforestation Regulation (2023/1115/EU) will impose due diligence obligations from 30 December 2024 aimed at tackling deforestation and forest degradation. The Regulation will require companies dealing in in-scope products to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm-oil, rubber, soya and wood, to ensure that they have not been obtained as a result of deforestation. You can access a recording of our recent webinar…

United Kingdom and European Union: Product Risk Radar

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We are pleased to announce the launch of our new online content hub, the Product Risk Radar. The hub includes the latest important legal developments in product regulatory and liability risk impacting the UK and EU and we will post regular updates to help you navigate this increasingly challenging landscape. The areas covered include regulatory requirements, product liability and market surveillance and general product safety.

United Kingdom: Key Updates to EPR Regime for Packaging

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On 25 July 2023 the UK government announced that increased extended producer responsibility (“EPR”) fees for packaging waste will be deferred by a year from October 2024 to 2025. In the same week the government also launched a consultation on the draft legislation to implement the new EPR regime which will include the introduction of mandatory packaging recyclability markings for the UK market. The current producer responsibility regime for packaging waste has been operational in…

European Union: Sustainable Batteries Regulation published in Official Journal

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On 28 July 2023, Regulation (EU) 2023/1542 concerning batteries and waste batteries (“Batteries Regulation”) was published in the Official Journal. The new Regulation repeals and replaces the existing Batteries Directive (2006/66/EC) and seeks to make all batteries placed on the EU market more durable, safe, sustainable, and efficient. It takes the extended producer responsibility (EPR) regime created by the existing Directive and expands it significantly through the introduction of more detailed mandatory design, content and conformity assessment…

United Kingdom: Indefinite Extension of CE Mark Recognition

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On 1 August 2023, the Department for Business and Trade (DBT) announced an indefinite extension to the use of CE marking in Great Britain beyond the previous 31 December 2024 deadline, giving businesses flexibility to choose between the CE marking and the UK Conformity Assessed (UKCA) marking for the Great Britain market for the foreseeable future.   The announcement covers the regulations falling within DBT’s remit including the regimes applicable to toys, EMC, radio equipment, PPE,…

European Parliament Adopts New Due Diligence Requirements to Tackle Deforestation and Forest Degradation

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On 19 April 2023, the European Parliament adopted the final text of a new EU Regulation aimed at tackling deforestation and forest degradation (the “Deforestation Regulation”) requiring companies to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm-oil, rubber, soya and wood, to ensure that they have not been obtained as a result of deforestation. Once in force, obligated will have 18 months to implement the new…

EU and UK agree a ‘definitive’ solution to resolve Brexit difficulties in Northern Ireland

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The United Kingdom has agreed with the European Union a new Brexit deal for Northern Ireland which seeks to significantly reduce the number of checks on goods going from Great Britain to Northern Ireland. The Windsor Framework would create two ‘lanes’ for goods which are arriving in Northern Ireland from Great Britain: A green lane for goods remaining in Northern Ireland (for which there will be minimal checks or paperwork); A red lane for goods…

Deadline for UKCA marking extended by two years

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On 14 November, the UK Government confirmed that it would continue to recognise the CE marking in Great Britain for another two years (until 31 December 2024) giving businesses extra time to prepare for the mandatory introduction of the UK Conformity Assessed (UKCA) marking. Businesses can continue to use the new UKCA marking voluntarily until then, giving them flexibility to choose which marking to apply. The UKCA marking announcement covers most types of goods which…

Update to UKCA marking transition

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At the end of last month the UK government announced a range of proposed measures to ease the transition to the new UK Conformity Assessed (UKCA) regime that will replace the EU’s CE marking regime for the Great Britain market (England, Scotland and Wales) in respect of most types of CE marked products from the start of 2023. Note, products sold in Northern Ireland will continue to need to be CE marked as a result…

UK’s Plastic Packaging Tax enters into force

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The UK’s Plastic Packaging Tax (“PPT”) becomes effective on 1 April 2022 and applies to plastic packaging in the UK that contains less than 30% recycled plastic content at a rate of £200 per metric tonne. You can access our recent webinar on PPT here. The tax is aimed at encouraging the use of more sustainable plastic packaging, increasing the use of recycled plastic and helping to reduce plastic waste. The PPT has been promoted by…