IEEP UK Divergence Newsletter

24 October 2024

Welcome to our October newsletter tracking all matters of environmental policy divergence between the EU and UK. As most readers will have noted recent months have seen a distinct change of tone (at least from the UK) around EU- UK relations. Whilst Government is vocal in its desire for closer cooperation and alignment, there has been little in the headlines, or beyond, about what this might mean for environmental policy. Closer cooperation on climate policy has been touted, with alignment of Emissions Trading Schemes one area that is apparently in scope (as explored in our recent guest blog featured below). Elsewhere the way is being paved for potential alignment on product standards (including environmental product standards) through a new Bill – with IEEP UK’s briefing (below) receiving a name check in the House of Lords second reading earlier this month.  

However, the adoption of new laws in the EU in recent months has led to divergence on key policy areas, the extent of which is becoming more apparent. Our new report (below) analyses the extent of divergence between UK’s existing waste water laws and the update to the Directive in the EU – which was covered in ENDS. We were also making the case in ENDS on the divergence in air quality legislation, after Defra announced they are developing a new Clean Air Strategy. This is not quite the same as the new Clean Air Act that Labour had promised whilst in opposition, which it is understood would have gone some way to aligning with recent EU legislation on the issue.  

[News] Additional ‘phase in period’ for EU deforestation rules 

Earlier this month, the European Commission decided to extend the implementation period for its deforestation regulation by 12 months for large companies and 18 months for micro and small companies.  Concern had been expressed by a combination of exporting countries, business and some EU Member States about how rules would be applied in practice. The European Commission is at pains to emphasise that this decision does not mean an unwinding or undoing of the law itself, which remains in force, despite some environmental NGOs who are unhappy with this decision. Meanwhile, in the UK, deforestation rules were included in the 2021 Environment Act but the secondary legislation to enact this has not yet been forthcoming. 
 
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[Report] Diverging wastewater policy: The implications of changes to EU policy for the UK  

EU law concerning collection and treatment of wastewater (sewage) has been dominated by the 1991 Urban Waste Water Treatment Directive. This legislation is still in force across the UK, even though there are significant questions about how well it is being implemented at present. In 2024 the EU has, however, adopted a completely revised directive which includes many changes meaning that EU law is now different from UK law. This briefing from Andrew Farmer explores the divergence between the EU and UK that this new law entails. 
 
Read report 

[Briefing] Products & Metrology Bill - a briefing for Parliamentarians 

This briefing prepared for the second reading of the Product Regulation & Metrology Bill explores the broad array of product standards that this Bill potentially affects from consumer to industrial products (e.g., aerosols, machinery, lifts and toys). Though the Bill is heavily influenced by product safety related concerns, there are significant environmental implications too. The Bill will go to Committee Stage in the House of Lords in November. 
 
Read briefing 

[Guest Blog] Why the UK should align with the EU on emissions trading 

UK businesses stand to benefit from closer alignment between the UK and EU Emissions Trading Schemes, argues Andrew Warren, chair of the British Energy Efficiency Federation. The election of a new government offers an opportunity for UK industry to effectively rejoin the world’s largest climate change abatement programme, the European Union Emissions Trading Scheme (EU ETS). 
 
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In other news...