We’re pleased to bring you a host of updates this month on new legislation and the potential divergence stemming from this.

A provisional agreement has been made on an update to the EU’s Waste Framework Directive, creating a divergence with the UK’s commitments on an Extended Producer Responsibility (EPR) scheme for textiles, and also with food waste where the UK lacks mandatory targets, which are now set for the EU, but has more ambitious voluntary targets.

The UK Government may have an eye to aligning on some waste and circular economy legislation, as this theoretically would fit within the powers of the Product Regulation and Metrology Bill. This has now progressed through the House of Lords, and is now due for second reading in the Commons imminently.

The topic of alignment with some EU regulations has surfaced elsewhere ahead of the UK EU reset meeting on the 19 May, with reports that the UK may align its ETS scheme, and some suggestions that chemicals policy may also be in scope. We hope to update you next month on whether there is any substance to these, and moreover if environmental policy will feature more broadly in the UK EU reset conversations.

New policy developments North and South of the border are set to impact nature. The Scottish Government has introduced a new Natural Environment Bill, which falls short of setting targets itself, but would put a duty on Ministers to set legally binding targets for biodiversity and nature restoration (read more below for how this compares with EU nature laws). In Westminster last week the Planning and Infrastructure Bill was published which proposes many changes which would impact on nature, and has received a mixed response. We are hoping to update you in the coming months on whether the proposals would constitute divergence with EU policy.

Recent updates in the UK to the Bathing Waters regulation may constitute divergence with the EU. This mix of reforms includes some that have been welcomed, such as the removal of the limited windows within which bathing water has to be monitored. Other reforms have been less well received including the lower evidence requirements that the waters achieve a sufficient standard. We are examining the details and will report back on this in due course.

We were hoping to be able to report on the outcome of the Sandeel dispute, which we reported on previously. This has seen the EU bring a complaint about the UK stopping fishing of sandeels in its waters, which has gone to tribunal, the results of which are imminent. We will look to report on this in the next newsletter.

To read more download the March Newsletter.

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