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| UK falling behind EU on environmental rules amid post-Brexit rollback | UK falling behind EU on environmental rules amid post-Brexit rollback |
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| Exclusive: Labour ministers choosing to weaken green protections inherited from the bloc, analysis reveals | Exclusive: Labour ministers choosing to weaken green protections inherited from the bloc, analysis reveals |
| From clean air to pesticides: how UK has lagged behind EU on the environment | From clean air to pesticides: how UK has lagged behind EU on the environment |
| The UK is using Brexit to weaken crucial environmental protections and is falling behind the EU despite Labour’s manifesto pledge not to dilute standards, analysis has found. | The UK is using Brexit to weaken crucial environmental protections and is falling behind the EU despite Labour’s manifesto pledge not to dilute standards, analysis has found. |
| Experts have said ministers are choosing to use Brexit to “actively go backwards” in some cases, though there are also areas where the UK has improved nature laws such as by banning sand eel fishing. | Experts have said ministers are choosing to use Brexit to “actively go backwards” in some cases, though there are also areas where the UK has improved nature laws such as by banning sand eel fishing. |
| Despite having promised a “reset” with the EU, Keir Starmer’s government has failed to even start closing loopholes in environmental law that have widened since Brexit, and is in some cases choosing to delete EU environmental rules from the statute book. | Despite having promised a “reset” with the EU, Keir Starmer’s government has failed to even start closing loopholes in environmental law that have widened since Brexit, and is in some cases choosing to delete EU environmental rules from the statute book. |
| Analysis by the Guardian and the Institute for European Environmental Policy (IEEP) has found the UK is falling behind the EU in terms of protecting rare creatures such as red squirrels, cleaning up the air and water, removing dangerous chemicals from products, and making consumer products more recyclable and energy efficient. | Analysis by the Guardian and the Institute for European Environmental Policy (IEEP) has found the UK is falling behind the EU in terms of protecting rare creatures such as red squirrels, cleaning up the air and water, removing dangerous chemicals from products, and making consumer products more recyclable and energy efficient. |
| Since Brexit, the analysis has found the EU has brought forward 28 new, revised or upgraded pieces of environmental legislation that the UK has not adopted, and the UK has actively chosen to regress by changing four different pieces of legislation including on protected habitats, pesticides and fisheries. | Since Brexit, the analysis has found the EU has brought forward 28 new, revised or upgraded pieces of environmental legislation that the UK has not adopted, and the UK has actively chosen to regress by changing four different pieces of legislation including on protected habitats, pesticides and fisheries. |
| Areas of concern include: | Areas of concern include: |
| The planning and infrastructure bill, which overrides the EU’s habitats directive and allows developers to pay into a general nature fund rather than keeping or creating new habitat nearby to make up for what is destroyed. | The planning and infrastructure bill, which overrides the EU’s habitats directive and allows developers to pay into a general nature fund rather than keeping or creating new habitat nearby to make up for what is destroyed. |
| The UK falling behind on water policy, with the EU implementing stronger legislation to clean rivers of chemicals and microplastics and making polluters pay to clean up. | The UK falling behind on water policy, with the EU implementing stronger legislation to clean rivers of chemicals and microplastics and making polluters pay to clean up. |
| Air pollution, as the EU is legislating to clean up the air while the UK has removed EU air pollution laws from the statute book. | Air pollution, as the EU is legislating to clean up the air while the UK has removed EU air pollution laws from the statute book. |
| Recycling and the circular economy, as the EU enforces strict new standards for designer goods that could leave the UK as a “dumping ground” for substandard, hard-to-recycle products. | Recycling and the circular economy, as the EU enforces strict new standards for designer goods that could leave the UK as a “dumping ground” for substandard, hard-to-recycle products. |
| The planning and infrastructure bill, which overrides the EU’s habitats directive and allows developers to pay into a general nature fund rather than keeping or creating new habitat nearby to make up for what is destroyed. | The planning and infrastructure bill, which overrides the EU’s habitats directive and allows developers to pay into a general nature fund rather than keeping or creating new habitat nearby to make up for what is destroyed. |
| The UK falling behind on water policy, with the EU implementing stronger legislation to clean rivers of chemicals and microplastics and making polluters pay to clean up. | The UK falling behind on water policy, with the EU implementing stronger legislation to clean rivers of chemicals and microplastics and making polluters pay to clean up. |
| Air pollution, as the EU is legislating to clean up the air while the UK has removed EU air pollution laws from the statute book. | Air pollution, as the EU is legislating to clean up the air while the UK has removed EU air pollution laws from the statute book. |
| Recycling and the circular economy, as the EU enforces strict new standards for designer goods that could leave the UK as a “dumping ground” for substandard, hard-to-recycle products. | Recycling and the circular economy, as the EU enforces strict new standards for designer goods that could leave the UK as a “dumping ground” for substandard, hard-to-recycle products. |
| Last year, the Guardian and IEEP found 17 environmental areas in which the UK was falling behind the EU. As the government fails to keep up with EU environmental legislation, the chasm has widened to 28. | Last year, the Guardian and IEEP found 17 environmental areas in which the UK was falling behind the EU. As the government fails to keep up with EU environmental legislation, the chasm has widened to 28. |
| There are a couple of “bright spots” identified by IEEP in which the UK has begun to improve its environmental protections compared with the EU, including the ban on sand eel fishing that could stop puffins from starving. The UK has also designated more marine protected areas than the EU, and is making farming payments contingent on protecting areas for nature. | There are a couple of “bright spots” identified by IEEP in which the UK has begun to improve its environmental protections compared with the EU, including the ban on sand eel fishing that could stop puffins from starving. The UK has also designated more marine protected areas than the EU, and is making farming payments contingent on protecting areas for nature. |
| However, these are outweighed by the lack of regulation around some of the most important environmental areas, experts said. | However, these are outweighed by the lack of regulation around some of the most important environmental areas, experts said. |
| Of most concern is the decision of the UK government to overrule the EU-derived habitats regulations that protect the habitats of rare creatures including dormice, red squirrels and nightingales. The Office for Environmental Protection has warned that the planning and infrastructure bill, which contains the legislation that would overrule the habitats regulations, is a “regression” of environmental law. The OEP is the watchdog set up after Brexit to replace EU oversight of the implementation of environmental regulations in the UK. However, although Labour promised in its 2024 manifesto to “unlock the building of homes … without weakening environmental protections”, the government has ignored its recommendations. | Of most concern is the decision of the UK government to overrule the EU-derived habitats regulations that protect the habitats of rare creatures including dormice, red squirrels and nightingales. The Office for Environmental Protection has warned that the planning and infrastructure bill, which contains the legislation that would overrule the habitats regulations, is a “regression” of environmental law. The OEP is the watchdog set up after Brexit to replace EU oversight of the implementation of environmental regulations in the UK. However, although Labour promised in its 2024 manifesto to “unlock the building of homes … without weakening environmental protections”, the government has ignored its recommendations. |
| Michael Nicholson, the head of UK environmental policy at IEEP, said: “It is one thing deciding not to keep pace with the EU in actively strengthening our environmental laws but quite another to actively go backwards and remove environmental protections that we inherited from our EU membership.” | Michael Nicholson, the head of UK environmental policy at IEEP, said: “It is one thing deciding not to keep pace with the EU in actively strengthening our environmental laws but quite another to actively go backwards and remove environmental protections that we inherited from our EU membership.” |
| The EU has also been rolling back some of its planned environmental legislation, as politicians globally deprioritise environment and climate action. In the first six months of the new European Commission mandate, the EU delayed a law to stop deforestation in supply chains by one year, gave carmakers two extra years to meet pollution targets and downgraded the protection status of wolves. Environmental NGOs have found themselves in the crosshairs of a funding freeze they argue undermines democracy. After farmers’ protests swept across Europe last year, lawmakers and member states nearly killed off a nature restoration law that EU institutions had already negotiated. | The EU has also been rolling back some of its planned environmental legislation, as politicians globally deprioritise environment and climate action. In the first six months of the new European Commission mandate, the EU delayed a law to stop deforestation in supply chains by one year, gave carmakers two extra years to meet pollution targets and downgraded the protection status of wolves. Environmental NGOs have found themselves in the crosshairs of a funding freeze they argue undermines democracy. After farmers’ protests swept across Europe last year, lawmakers and member states nearly killed off a nature restoration law that EU institutions had already negotiated. |
| Nicholson added: “Five years on from Brexit, we can now see that the UK has chosen not to keep pace with the EU in strengthening its environmental laws and policies. | Nicholson added: “Five years on from Brexit, we can now see that the UK has chosen not to keep pace with the EU in strengthening its environmental laws and policies. |
| “The EU is no nirvana for environmental protection, but the UK is falling behind and should be looking to use its post-Brexit independent policymaking powers to go above and beyond what the EU is doing. Sadly, it is losing this race to the top and has ceded leadership to the EU.” | “The EU is no nirvana for environmental protection, but the UK is falling behind and should be looking to use its post-Brexit independent policymaking powers to go above and beyond what the EU is doing. Sadly, it is losing this race to the top and has ceded leadership to the EU.” |
| In some areas, Northern Ireland has had to implement EU laws under the Windsor framework that keeps the border with the Republic of Ireland, an EU member state, soft. These include the urban wastewater treatment directive, chemicals regulation and pesticide rules. | In some areas, Northern Ireland has had to implement EU laws under the Windsor framework that keeps the border with the Republic of Ireland, an EU member state, soft. These include the urban wastewater treatment directive, chemicals regulation and pesticide rules. |
| Before the UK left the EU, politicians including the former environment secretary Michael Gove promised the UK would be “world leading” on the environment, using its newfound freedom to strengthen its regulations. However, the opposite has happened in most cases. | Before the UK left the EU, politicians including the former environment secretary Michael Gove promised the UK would be “world leading” on the environment, using its newfound freedom to strengthen its regulations. However, the opposite has happened in most cases. |
| Richard Benwell, the chief executive of Wildlife and Countryside Link, said: “The UK shouldn’t just match the EU on environmental standards, it should lead. In many areas where the UK is falling behind – like banning toxic chemicals – aligning with the EU would save time, money and wildlife. In other areas, the government could put a bold UK slant on an EU idea. The polluter pays plans in the urban wastewater treatment directive should go economy-wide. Where we’re leading, like nature-friendly farming and banning bottom-trawling, the Department for Environment, Food and Rural Affairs should have Starmer’s backing to be braver, to turn the tentative steps forward into a confident plan for a nature-positive economy.” | Richard Benwell, the chief executive of Wildlife and Countryside Link, said: “The UK shouldn’t just match the EU on environmental standards, it should lead. In many areas where the UK is falling behind – like banning toxic chemicals – aligning with the EU would save time, money and wildlife. In other areas, the government could put a bold UK slant on an EU idea. The polluter pays plans in the urban wastewater treatment directive should go economy-wide. Where we’re leading, like nature-friendly farming and banning bottom-trawling, the Department for Environment, Food and Rural Affairs should have Starmer’s backing to be braver, to turn the tentative steps forward into a confident plan for a nature-positive economy.” |
| The Green MP Ellie Chowns said: “The Green party warned that Brexit could see the UK reduce regulations in a race to the bottom. Unfortunately, the election of a Labour government a year ago hasn’t prevented that happening. | The Green MP Ellie Chowns said: “The Green party warned that Brexit could see the UK reduce regulations in a race to the bottom. Unfortunately, the election of a Labour government a year ago hasn’t prevented that happening. |
| “Of course, it doesn’t have to be like this. We could have clean rivers, breathable air, farmers encouraged to work with nature and consumer products designed to last and be recycled. We could work more closely with our EU neighbours and join the customs union to better align our regulations upwards. And that is what it boils down to – a political choice. The government has made the wrong choices and needs to change direction.” | “Of course, it doesn’t have to be like this. We could have clean rivers, breathable air, farmers encouraged to work with nature and consumer products designed to last and be recycled. We could work more closely with our EU neighbours and join the customs union to better align our regulations upwards. And that is what it boils down to – a political choice. The government has made the wrong choices and needs to change direction.” |
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