Do EU Environmental Directives Still Apply in the UK?

It’s perhaps easy to forget given the upheaval caused by the coronavirus pandemic, but the UK has not been a member of the EU for well over a year now. Prior to its exit, there was much concern from eco-friendly campaigners that Brexit might have been used as an excuse for the British government to water down environmental standards in the country, with the Conservatives adamant that sustainability would comprise a cornerstone of their Brexit plans.

So, 14 months after the fact, have the government stayed true to their word? Are EU environmental directives still applicable in the UK? And if not, has replacement legislation maintained the standards put in place by the EU, or have the worst fears of environmentalists across the country been realised?  Read on to find out more.

Retaining the status quo

While Brexit will have a huge impact on many areas, including trade, immigration and fishing, the UK government has consistently avowed that it will not upset their obligations with regard to environmental performance. Indeed, the EU Withdrawal Act of 2018 was drafted with the specific purpose of ensuring that existing EU environmental directives will continue to apply in UK law.

For example, both the Industrial Emissions Directive (IED) and the Best available techniques REFerence document (BREF) which delineate the legal emissions limits that define the IED will continue to be applicable to Britain. As the BREF is evaluated, updated and amended in the coming years and decades, the UK may wish to implement its own specific controls, but for the foreseeable future, such directives will continue to hold sway. The article The European Union’s Large Combustion Plant BREF – Monitoring and Compliance Requirements gives more information about what the BREF is and what it does for those interested.

A chance for change or a potential pitfall?

Being a member of the EU did have several advantages when it comes to environmental legislation. For one thing, the international and integrated nature of the bloc was especially helpful with regard to emissions and pollution, since these do not respect national borders but instead affect everyone. What’s more, the stability and security of the EU makes it less susceptible to influence from commercial interests, as well as allowing for longer-term projects to be implemented.

On the other hand, there are those who believe that certain EU regulations do not go far enough. The UK has long asserted its intention to play the role of global leader in terms of sustainability and green initiatives, as evidenced by its decommissioning of all but three coal power plants and its intention to shut the industry down altogether by 2024. That would have a profound effect on the number of combustion plants in the UK and the emissions they generate, thus impacting its overall environmental performance. Without EU membership to worry about, the UK can plough its own furrow – but it remains to be seen whether that will turn out to be a good thing or a bad thing in ecological terms.