The interim findings of IEEP UK’s two years of tracking how environmental policy in the EU, the UK and devolved nations is revealing increasing incidences of divergence, some which threaten to be consequential in their impact. 

Michael Nicholson, Head of Environmental Policy, commented:

“The UK is quietly diverging from EU environmental law, particularly in England. We are increasingly seeing a trend towards the EU improving environmental laws and the UK not following suit. In some areas, there is a real danger of us going backwards.

“This backsliding is problematic because not only will it weaken existing levels of environmental protection, our trade and cooperation agreement with the EU has a specific legal commitment, repeated by multiple ministers, that the UK would retain high standards and not regress after Brexit.”

The summary released today, ahead of the full report, highlights the following key areas of concern:

• A gradual divergence on environment and climate policy has been taking place, both relative to the EU and across the four UK nations. This is often not clearly visible; it is often technical and complex in nature and difficult to assess.  
• Generally speaking, the EU is forging ahead with a higher level of ambition by expanding and deepening its environmental policy and laws.  
• Despite some progressive actions, the UK’s level of ambition has not matched the EU’s ambition since leaving the bloc. It has tended to move more slowly and taken a less stringent approach to regulation. 
• The UK has ‘flirted’ with regressing from the environment and climate rules inherited after Brexit. From nutrient neutrality to the water framework directive to air pollution policy. The UK Government has shown a willingness to test the boundaries of what is arguably a case of regression as opposed to mere divergence in policy.
• Divergence often, but not always, has costs. Divergence in environmental policy can lead to increased friction and distortions to trade. Different types of standards, but particularly environmentally driven product standards, can lead to additional costs to business or the economy as a whole. Often UK companies will need to comply with EU standards as well.

Our interim findings were reported in The Guardian and the full report will be released on 30 January.

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Photo by Antoine Schibler and James Giddins on Unsplash.