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.