The Bribery Act 2010 has now been passed in UK Parliament and is due to come into force 1st October 2010.

The Acts defines four new criminal offences:

  • offering or paying a bribe
  • requesting or receiving a bribe
  • bribing a foreign public official. (A specific offence required to comply with the OECD Convention)
  • a corporate offence of failing to prevent bribery being undertaken on its behalf.

The Act includes employees and Top Management personnel such as Directors and may lead to a maximum of 10 years’ in prison and unlimited fines so this Act is not to be treated lightly.

It has been suggested that organisations need to put in place provisions to prevent the possible acts of bribery through “adequate procedures” designed to prevent bribery occurring.  Gifts from clients and suppliers may constitute bribery.

The full Bribery Act 2010 can be downloaded from the OPSI website.

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As of the 14th April 2010 Aircraft Engines and Propellers previously exported to the UK under FAA Form 8130-4, Export Certificate of Airworthiness will now need to be exported under FAA Form 8130-3, Authorized Release Certificate.

Complete aircraft will continue to be exported under FAA Form 8140-4.

The FAA revised Title 14 of the Code of Federal Regulations (14 CFR) parts 1, 21 and 45.

See the FAA, CAA and EASA websites for further details.

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The government proposes to bring into force two new sets of regulations in England and Wales in 2010-2011 to deal with the handling, transfer and transport of waste.

The proposals will affect businesses that:

  • produce waste
  • import waste
  • carry or transport waste
  • keep or store waste
  • treat waste
  • dispose of waste
  • operate as waste brokers or dealers.

This means that the proposals will affect most businesses. In particular they will affect the waste management industry and farmers.

The details of these draft regulations are not yet available but they are likely to be:

1. Regulations to deal with waste carrier and broker registration.

These will:

  • simplify the existing waste carrier regulations and make them more effective
  • require waste brokers and dealers to register with the Environment Agency
  • set out requirements for transfer notes
  • increase the maximum level of fines and make more use of fixed penalty notices in enforcing the regulations

2. Regulations to control the stop, search and seizure of vehicles as part of the waste controls enforcement regime.

These will:

  • streamline the procedures for seizing and disposing of any vehicle used in an illegal waste operation
  • tighten up procedures for tracing the registered keeper of any vehicle used in an illegal waste operation.

This information is courtesy of Netregs

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The Department of the Environment for Northern Ireland (DOE) is consulting on new regulations to introduce minimum requirements for new and existing above ground storage facilities.

The regulations will effect oil storage tanks over 200 Litres in size and is due for release in the Autumn of 2010.  Draft Regs have been published and can be downloaded from the Netregs website.

All tanks will need to be bunded (secondary containment), the bund must have a capacity of not less than 110% of the containers storage capacity or, if there is more than one container within the system, of not less than 110% of the largest container’s storage capacity or 25% of their aggregate storage capacity.  Those of you who are already ISO 14001 Certified and store waste chemicals will be used to this practice as part of your Hazardous Waste Controls.

Some of the other requirements will detail the positioning and protection requirements for tanks, the maintenance checks to be performed to prevent leaks and fixture and fitting requirements.

The consultation period is due to finish in June, IMS will publish information upon its formal release.

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Many activities within your organisation may require a consent to discharge, these activities can include metal finishing processes such as Anodising, Powder Coating, De-greasing and Cleaning.  Other industries can be effected such as Construction when performing groundwork activities and any vehicle washing processes including your own transportation.

If you are applying for ISO 14001:2004 certification through IMS you need to ensure that you have all of the correct permits and consents in place, if you are performing any activities that requires trade effluent to be discharged into the water system then an Environmental Permit or Exemption will be required before certification can be granted.

On the 6th April 2010 Environmental permits replaced discharge consents and groundwater authorisations and permits on.  If you already had a consent, authorisation or permit before this date it will have become an Environmental Permit automatically.

England and Wales

You must have an environmental permit or a registered exemption from the Environment Agency if you carry out any water discharge activity or groundwater activity.

Water discharge activities include:

  • discharge of poisonous or polluting matter or waste matter, trade effluent or sewage effluent into inland freshwaters, coastal waters and estuaries
  • discharging trade effluent or sewage effluent from land by a pipe into the sea
  • removal of material from the bottom, bed or channel of inland freshwaters that has built up at a dam, weir or sluice, by causing any of that material to be carried away in the water
  • cutting or uprooting large amounts of vegetation in or nearby any inland freshwaters if you do not try to remove the vegetation from the water.

Groundwater activities include:

  • discharging a pollutant directly into groundwater
  • discharging a pollutant that might indirectly enter groundwater
  • any other discharge that might cause a pollutant to enter groundwater directly or indirectly.

Groundwater is all water below the surface of the ground, in the saturation zone, ie below the water table.

Northern Ireland

If you discharge anything other than clean, uncontaminated surface water you must have a:

  • discharge consent for discharges to surface water
  • groundwater authorisation for discharges to groundwater.

Scotland

If you discharge anything other than clean, uncontaminated surface water to surface water or groundwater you must have:

  • an authorisation under the Controlled Activity Regulations (CAR)
  • an integrated pollution control (IPC) authorisation or pollution prevention and control (PPC) permit.

For further information or to apply for an Environmental Permit or consent to discharge please visit www.netregs.gov.uk.

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