What would UK environmental policy and practice look like if we voted to leave the EU? With the referendum fast approaching, we explore the possibilities.
Once known as ‘the Dirty Man of Europe’, the UK has cleaned up its act in recent years thanks, in large part, to the influence of the European Union. If the UK votes to leave the EU, how might this impact environmental policy and legislation in the UK? And how would the UK’s exit affect environmental protection in the remaining EU countries?
EU countries have worked together over decades to build one of the most comprehensive packages of environmental legislation in the world, including habitat protection, pollution control and climate change mitigation. Much of the UK’s environmental law has been developed through its membership of the EU, so it’s important to explore the potential impacts of a Brexit scenario.
A large number of EU directives have helped to enforce standards in areas as diverse as water quality, air quality, fish stocks, waste disposal, hazardous substances, radioactive waste, recycling, construction, habitat and wildlife protection, GMOs, animal welfare and climate change.
Whilst some aspects of EU policy (such as the Common Agricultural Policy), have been damaging to the environment, most EU environmental policies have resulted in a raising of standards across EU member states. The EU-wide nature of these policies makes them more effective as many of the issues are trans-boundary (water, air and wildlife all move across boundaries). Single nations are also less likely to raise standards unilaterally due to fear of competitive disadvantage. EU-wide legislation creates a level playing field that countries are more willing to sign up to.
In the event of a ‘leave’ vote, there’s no clear consensus over which exit scenario the UK would follow but, irrespective of what the final arrangement might be, Brexit would result in some important changes:
- Loss of the UK’s voice in EU decisions affecting the environment.
- In international negotiations, such as the UN Framework Conventions on Climate Change, the UK would contribute independently. This would allow us to steer our own path, but we would lose influence over the EU position, which holds more sway at a global level owing to its size and economic importance.
- The Common Agricultural Policy and Common Fisheries Policy would cease to apply and we would need to find alternatives. The consequences of this change for land and marine management could be significant.
Options for the UK and Europe
Other impacts would be dependent on the type of relationship negotiated between the UK and the remaining EU Member States. There are a number of options, but it’s uncertain which option would be pursued by the UK government.
One option in the event of an ‘out’ vote is that the UK joins countries such as Norway and Iceland as part of the European Economic Area (EEA). In this scenario, most EU environmental legislation would continue to apply, with notable exceptions being the Bathing Water Directive and the Birds and Habitats Directives (see box). If the UK stayed within the EEA, we would retain some routes into EU policy debates, but could no longer vote on decisions affecting EU legislation.
In relation to industry, EU environmental law covers two broad areas: ensuring industrial processes don’t cause undue environmental damage and ensuring products entering the EEA meet agreed standards. Examples of the former include limiting emissions and setting broad standards for air and water quality; the latter includes restriction of hazardous substances in products and ensuring suitability for recycling. Most of this legislation would continue to apply if the UK left the EU but remained in the EEA.
Bathing water and habitats
The Bathing Water Directive was the main reason that the UK introduced improved water treatment from the 1970s onwards. Prior to this, the seas around the UK were some of the dirtiest in Europe, thanks to the government policy of ‘dilute and disperse’. In the event of the UK leaving the EU, this directive would cease to apply. Although it is unlikely that the UK government would take the unpopular step of weakening standards in this area, there would no longer be pressure from Europe to keep our seas clean.
Similarly, the Habitats Directive would no longer be in force under any of the likely Brexit scenarios. Enacted in 1992, this protects habitats and important species of animals and plants. The UK government has made clear its frustration with some aspects of the Habitats Directive, particularly where infrastructure developments have been affected. There is therefore real concern that UK habitats and wildlife could receive less protection outside of the EU.
Other options include a negotiated bilateral agreement with the EU, with some access to the Single Market, or the UK could withdraw completely from the Single Market. In both of these scenarios, different types of legislation would be affected in different ways.
EU regulations are applied directly in member countries so would no longer be applicable in the UK if we chose to leave the EU and not join the EEA. It would then be up to the UK government to decide on UK legislation in these areas.
EU directives are not directly applicable in UK law. Many of them have been transposed into UK law so would continue to apply until changed by the UK parliament even if we left the EEA. Other directives have been implemented under the 1972 European Communities Act, so new legislation would have to be enacted if this act was repealed.
New UK legislation could of course increase, maintain or reduce the level of environmental protection. However, the current government’s actions and promises to ‘cut the green crap’ do not bode well. It’s worth noting that EU states are currently allowed to adopt ‘more stringent protection measures’ than EU legislation requires (albeit with some limitations), yet the UK government has chosen to adopt a ‘no gold plating’ approach – sticking with the minimum standards – while complaining that many of those standards are unnecessary ‘red tape’ for industry.
Even where the UK is no longer bound by EU environmental legislation, companies exporting to the EU would have to comply with EU industry standards. The EU is unlikely to allow equal access to the market for products developed under lower environmental standards where this might have implications for competitiveness.
In or out?
Overall, there’s still much uncertainty over what impact an ‘out’ vote might have. Before its involvement in Europe, the UK did not have a strong record on environmental protections, but in some areas it’s unlikely that we would move backwards. If we remain in the EEA then many protections remain.
However, evidence of the government’s dislike of ‘red tape’ and ‘green crap’, particularly when it comes to protecting the environment against the interests of big business, does give cause for concern. Environmental protection is a long-term investment, often overshadowed by headline-grabbing short-term issues, and in the age of austerity it’s easy to see how certain environmental considerations could become neglected without the safeguards offered by the EU.
In the next few weeks, the voices for ‘in’ and ‘out’ will clamour ever more loudly for your vote – you can use this chance to ask questions about their vision for the environment, putting the issues you care about at the heart of the debate.
Both the EU collectively and individual members states sign up to new treaties on climate change.
Climate targets are implemented through the EU Emissions Trading Scheme (ETS), covering emissions from power plants and aviation, and the Effort Sharing Decision (ESD), covering emissions from elsewhere. Together, these policies govern overall totals for emissions, and EU legislation determines how allowances are allocated.
Other policies that help reduce emissions within the EU include legislation on transport and energy, including rules on energy efficiency and renewables, and emissions targets for car manufacturers. Energy efficiency rules include the Energy Performance of Buildings Directive and the Energy Efficiency Directive. Targets are set for the percentage of energy that should come from renewable sources, plus targets and regulations on biomass.
EU commitments agreed at the Paris climate change talks are currently being developed into a package of new measures, including revisions to ETS, new renewables targets, changes to energy efficiency legislation, and the possibility of the inclusion of legislation on carbon stored in land and forestry.
So what would be the impact of Brexit on EU climate policy? The UK, along with other North-West Member States, has pushed for an ambitious approach to targets, whilst states in the South and East of the EU have been more reluctant. The UK has been particularly influential in determining targets for 2020 and 2030. UK support has been for market-based mechanisms such as ETS over targets for particular technologies. Under a Brexit scenario, EU policy may therefore become less ambitious and more technology-focused in its targets.
There are a few useful reports that cover these issues in more depth:
The EU Referendum and the UK Environment
The potential policy and environmental consequences for the UK of a departure from the European Union
Brexit – the Implications for UK Environmental Policy and Regulation
This is an extract from Clean Slate Summer 2016. To receive Clean Slate once a quarter and stay up to date with news and veiws from CAT, sign up for membership today.