How does EU environmental law affect the UK?

The Department for Environment, Food and Rural Affairs (Defra) and the Department of Energy and Climate Change (DECC) have launched a call for evidence on how European environment and climate change policies affect the UK.

The call forms part of government’s Review of the Balance of Competences between the UK and the European Union (EU), and is thought be part of its efforts to understand the impacts of a potential exit from the EU.

According to Defra, the review will ‘provide an informed and objective analysis of what EU membership means for the UK and our national interest’, and in this case will specifically gauge the EU’s competence (power to act) in the areas of the environment and climate change. 

The call for evidence document says that the review aims to ‘deepen public and parliamentary understanding of the nature of our EU membership and provide a constructive and serious contribution to the national and wider European debate about modernising, reforming and improving the EU in the face of collective challenges’. 

Topics under scrutiny in the environment and climate change review include EU directives, laws and regulations on a range of topics including waste management, water, energy (excluding renewable energy and energy efficiency – to be subject of the Energy Report), land use, air quality, pesticides and genetically modified organisms, amongst others. The call for evidence also asks for thoughts and evidence on the impacts of the European Environment Agency and LIFE+ (the Financial Instrument for the Environment). 

Key questions asked as part of the call for evidence include: 

• Can action at the EU level help or hinder raising minimum standards across the EU?
• What evidence is there that EU competence in the area of environment and/or climate change has benefited or disadvantaged the UK / your sector?
• What measures, if any, would be needed in the absence of EU legislation?
• To what extent do you consider EU environmental standards necessary for the proper functioning of the internal market?
• To what extent does EU legislation on the environment and climate change provide the right balance between protecting the environment and the wider UK economic interest?
• How far do you think the UK might benefit from the EU taking more or less action on the environment/climate change?
• Are there any alternative approaches the UK could take to the way it implements EU directives on the environment and climate change?
• What future challenges or opportunities might we face on environmental protection and climate change?
• Going forward, what do you see as the right balance between actions taken at international, EU, UK and industry level to address these challenges and opportunities? 

The call asks for anyone with ‘relevant knowledge, expertise or experience’ to respond. 

Submissions will be accepted until 12 August 2013. 

Read the call for evidence document.