• The EU has passed over 50 new pieces of environmental law since Brexit which could impact on securing a future closer relationship

• Alignment offers opportunity to raise UK environmental standards and benefit economy, by cementing commitments on chemicals and deforestation and looking to areas including ecodesign and securing critical raw materials

• IEEP UK recommends environment to be put at heart of the November UK-EU Summit, as cooperation on climate and nature underpins Europe’s security and prosperity

The Institute for European Environmental Policy UK (IEEP UK) [1] has today published the 2026 edition of its annual ‘State of Play’ report on UK-EU legislative divergence on environmental policy since Brexit [2]. Part of IEEP UK’s wider divergence project [3], the report tracks a wide range of EU, UK and devolved nation legislation across ten thematic environmental policy areas, assessing both UK-EU and intra-UK [4] alignment and divergence.

It finds that while the pace and trajectory of divergence between the UK and EU have fluctuated over time, the scale of this divergence remains significant. The EU has introduced or modified over 50 directives and regulations concerned with environmental matters since 2020 [5], and while the UK or its four nations have not stood still, they have generally lagged behind the EU’s progress in strengthening environmental protections.

The report also finds that greater UK-EU alignment has begun in certain areas of mutual concern, including pesticides and Emissions Trading Schemes, with indications for future alignment on chemicals and deforestation policy, and recommends that the UK Government target the ‘low-hanging fruit’, with both potential environmental and economic benefits, such as alignment on critical raw materials and circular economy policy, including ecodesign.

The EU, however, has become a ‘moving target’ as it now seeks to simplify and potentially deregulate some of the laws made in the last five years, raising questions around alignment with EU law that could in future lower UK environmental standards and protections.

Ahead of the next UK-EU Reset Summit scheduled for 20 November, IEEP UK is calling for the environment to be placed at the heart of UK-EU relations. Ursula Von Der Leyen’s recent State of the Union speech [6] started by prioritising action on climate resilience – responding to heatwaves, droughts, wildfires, and this messaging was recently echoed by the UK Prime Minister [7]. As a shared priority and a relatively uncontroversial one, it may ease the way for the more difficult negotiations on defence and migration but could still be meaningful. The new report recommends that the common understanding between the two should be turned into a ‘Common Direction’, recognising that given the UK & EU’s shared geography and strategic objectives, cooperation on climate and nature underpins the region’s security and prosperity.  

Quotes

Toby Perkins MP, Chair of the Environmental Audit Committee, commented:

“This report provides a timely and comprehensive analysis of divergence in UK-EU environmental policy. As ever, the picture is complicated and constantly evolving. Whilst the UK government may choose a different approach than the EU in some areas, alignment can help avoid unnecessary regulatory divergence, for the benefit of businesses, economic growth, and of course the environment.  The year ahead will be a crucial and formative one for the UK-EU relationship and environmental policy. 

Michael Nicholson, Head of Policy at IEEP UK and author of the report, commented:

“The UK and EU share many of the same challenges – not only in shoring up their respective industrial bases and in looking for ‘smarter’ or more ‘simplified’ regulation – but also on a wide array of environmental issues. These challenges range from grappling with air, water and chemical pollution; forging a robust circular economy and preventing the ‘leakage’ of (sometimes critical) raw materials out of Europe; crafting environmentally resilient economies; or sensitively managing busy marine spaces. Only by working together and learning from each other can either hope to succeed.”

Ben Reynolds, Executive Director of IEEP UK, commented:

“Last year saw a new common understanding between the UK and EU, which whilst not majoring on the environment, saw it writ large across much of the agreement, including food and pesticide standards, emissions trading schemes and fishing rights. The November summit should turn this common understanding into a common direction, with climate and the environment at the heart. With a long and shared history of ambition on this issue which carries through to the present, making further cooperation on climate and the environment will help both underpin the region’s security and prosperity, and pave the way for more difficult negotiations.”

Seamus Logan MP and SNP spokesperson for the Environment, Food and Rural Affairs, commented: 

“As an SNP MP, it’s no surprise that I, and my party, welcome closer alignment with the EU. The Scottish Government has actively sought to align with EU law where possible since Brexit, however, as the EU Law Tracker report commissioned by the Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee shows, there are concerns about a diminishing scrutiny role for the devolved government as Westminster negotiates on this reset. Sanitary and Phytosanitary Standards are a case in point, where I would argue that co-operation and collaboration is key to ensure Scottish fishing and farming stakeholders views are heard and that the Scottish Government is involved in negotiations given our devolved competency in relation to this sector. So far, the UK Government’s top-down approach has meant that the devolved government has been marginalised in negotiations.”

ENDS 

Read the full report here: [Report] Divergence in UK-EU Environmental Policy: State of Play 2026 – IEEP UK
Media enquiries contact: Ben Reynolds breynolds@ieep.uk  

Notes to Editors: 

1. The Institute for European Environmental Policy, UK (IEEP UK) is a not-for-profit environmental sustainability think tank, with over 45 years of experience, based in the UK. As part of the broader IEEP family, we are dedicated to working with stakeholders, international bodies, academia, civil society organisations and industry to produce evidence-based research for impact-driven environmental policy solutions. Our work covers both short-term and long-term environmental strategic issues in the UK and its constituent nations (England, Wales, Scotland and Northern Ireland), as well as their interaction with policy in Europe and globally.
2. The full report, “Divergence in UK-EU Environmental Policy: State of Play 2026”, will be available at this link at 00.01am on Tuesday 20 October.
3. IEEP UK’s work on tracking divergence is supported by Esmee Fairbairn Foundation and the Waterloo Foundation. 
4. As most aspects of environmental policy are devolved, the four nations have in many cases taken different approaches, which has led to intra-UK divergence compared to the EU. The table available here shows the levels of divergence alongside the key. The full assessment approach is available here. Please note these ratings are relative and do not mean the current policies in any of the jurisdictions are necessarily adequate or inadequate. Rather, this is to distinguish between the relative trajectories of the UK, or four nation approaches compared to EU policy. 
5. Since Brexit the EU has put in place over 50 new directives and regulations on the environment and climate, and this ‘green gap’ is evident with the EU now having higher standards for example on managing sewage in rivers, lakes and coastal waters; preventing microplastic pollution which is harmful to human health; mandating higher energy efficiency standards for buildings and homes; preventing textile waste; and restoring nature.
6. See Ursula von der Leyen’s full speech here.
7. See Andy Burnham’s op-ed piece here.