Second Report Contents

Instruments of interest

Draft Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021

27.These Regulations give effect to Mutual Recognition Agreements (MRAs) between the UK and certain third countries which have been agreed to provide continuity for businesses and consumers following the UK’s exit from the EU and the end of the Transition Period. The instrument covers MRAs the UK has agreed with the USA, Australia, New Zealand, Canada, South Korea and Japan, and marks the first use of the power to implement free trade agreements under sections 2 and 4 of the Trade Act 2021. The Regulations ensure that specific products assessed by bodies in these countries recognised under the MRAs can be placed on the market in Great Britain, and enable the Secretary of State to designate and monitor UK conformity assessment bodies to assess products against the other parties’ requirements. The instrument also implements Annex 2-D to the UK-Japan Comprehensive Economic Partnership Agreement, by allowing single distilled shochu11 to be placed on the market in Great Britain in new quantities of 900 millilitres, in addition to existing quantities of 720 millilitres and 1800 millilitres.

Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021 (SI 2021/534)

28.This Order implements in the UK the first stage of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) made under the Chicago Convention on International Civil Aviation. The scheme requires qualifying aeroplane operators to offset any carbon dioxide (CO2) emissions from international flights that exceed 2019 levels by purchasing International Civil Aviation Organisation approved offset credits (with one unit equivalent to one tonne of CO2 equivalent emissions avoided or removed from the atmosphere).

29.This Order implements the CORSIA provisions related to monitoring, reporting and verification of CO2 emissions by UK aeroplane operators that operate international flights. It also establishes the roles of the government and regulators in enforcing CORSIA, charges and appeals provisions.

30.The implementation of CORSIA is intrinsically linked to the UK’s Greenhouse Gas Emissions Trading Scheme Order 202012 which came into force on 1 January 2021. The Department for Transport states that further secondary legislation is expected to be required to clarify any interaction between the two schemes.

Fluorinated Greenhouse Gases (Amendment) (EU Exit) Regulations 2021 (SI 2021/543)

31.This instrument corrects deficiencies in two EU Implementing Regulations13 in relation to restrictions on the use of fluorinated greenhouse gases (F-gases). According to the Department for Environment, Food and Rural Affairs (Defra), the instrument provides regulators in Great Britain (GB) with the competence to obtain necessary information from undertakings in order to identify the relevant beneficial owner(s) for the allocation of quota for putting hydrofluorocarbons (HFCs, the most common type of F gas) on the market. The instrument also implements changes to the reporting format, aspects of which are required under the UN Montreal Protocol on Substances that Deplete the Ozone Layer.

32.We have received a submission from ClientEarth which seeks clarification of which GB regulators will be responsible and raises concerns about the potential impact of removing a mechanism to exchange information with other countries with regard to HFC quotas. We are publishing the submission and Defra’s response to these concerns on our website.14

11 A traditional Japanese spirit drink that is single distilled, produced by pot still and bottled in Japan.

12 SI 2020/1265; see also our 24th Report (Session 2019–21, HL Paper 116), 2nd item

13 Regulation (EU) 2019/661 and Regulation (EU) No 1191/2014

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