Additional Evidence
- The vast
majority of environmental laws in Wales are currently shaped at EU
level. In fact, of all the policy areas where EU powers intersect
with devolved competences, the greatest number relate to the
environment.[1] As such, the nature of the
future UK-EU relationship could have major environmental
implications for Wales.
- There is a
strong body of evidence to demonstrate the significant positive
impact that EU membership has had on a broad range of environmental
issues across the four UK nations, in particular via the
establishment of robust legislative frameworks and associated
oversight, accountability and enforcement mechanisms.[2] This has helped to ensure
a more coordinated approach to addressing transboundary
environmental issues such as the conservation of migratory and
wide-ranging species – for example, the EU Nature Directives
have led to the establishment of a coherent pan-EU network of
protected sites based on a common scientific methodology, criteria
and set of ecological features, and measurable improvements in the
status of protected species.
- In
addition, EU legislative frameworks currently underpin the level
playing field that is relied on to facilitate UK-EU trade, with
most if not all EU environmental legislation directly or indirectly
linked to the integrity of the internal market.[3] In its recent presentation
on the framework for the future UK-EU relationship and the need for
a level playing field in relation to cross-cutting environmental
rules, the European Commission explicitly referenced the need for a
firm commitment to upholding standards across the “whole
territory” of the UK in any post-Brexit agreement, in
combination with effective domestic enforcement structures.[4]
- We were
pleased to see the recognition by the Welsh Government in its
recent paper on trade policy of “the merits of a strong
framework of European regulation” on environmental
standards.[5] We believe it is
vital that the four UK nations continue to cooperate closely with
the EU on environmental matters post-Brexit, not least given the
UK’s close geographic location off the coast of continental
Europe, the shared land border with another EU Member State on the
island of Ireland, and the transboundary nature of most
environmental issues.
- In
particular, we believe it is essential that all sides commit to
maintaining high standards of environmental protection at least as
strong as those currently in place as part of any future trade
deal. In our view, this will require robust environmental
safeguards and associated governance arrangements to be included in
any framework for the future UK-EU relationship. Otherwise, there
is a clear risk of downward pressure on standards post-Brexit, with
knock-on implications for our long-term well-being and prosperity.
Such safeguards will need to encompass a broad range of issues,
including, amongst others, issues such as air quality, water
quality, and the protection of species and habitats (as noted in
the European Commission’s presentation referenced
above).
- In our
view, therefore, the Welsh Government should commit to continued
alignment with EU standards post-Brexit, as well as considering how
best to address the potential governance gap that will emerge
across the four UK nations in the absence of a suitable replacement
for the functions currently performed by EU institutions in
ensuring that all four UK governments are held to account on their
environmental commitments. This will be vital in order to inform
the Welsh Government’s input to the UK’s negotiating
position on the framework for the future relationship under Article
50.