Regulatory experts have urged UK government ministers to “offer [a] vision of [the] post-Brexit waste strategy”.
In June, the UK voted to leave the European Union, and in July UK MPs in the Environment Audit Committee (EAC) wrote to the government asking for “certainty” on “post-Brexit” environmental laws. Also that month, a law firm posited that the UK’s decision to leave might “impact our involvement” in the circular economy package.
Letsrecycle reported that “uncertainty over government policy on environmental legislation […] could discourage investment in the waste sector”, with regulatory experts having “urged” government ministers – specifically David Davis, Secretary of State for Existing the European Union – to “offer [a] vision of post-Brexit waste strategy”. Davis told the UK parliament earlier this week “work has taken place”, and stated that “there will be no attempt to stay in the EU by the back door”.
He was “widely criticised” however for “failing to set out a concrete vision as to how the government intends to approach the exit negotiations”, only stating it will carry out “regulatory analysis” to identify “key factors” shaping the negotiations. Roy Hathaway, European Policy Advisor for waste sector trade association ESA (Environmental Services Association) told the news site it was “too early” to expect “detailed plans” on environmental laws , and added that the government needs to “lay down a long-term policy framework” for encouraging waste sector investment.
He noted: “We don’t know yet whether the UK will still have access to the single market and whether EU environmental legislation will continue to apply or not. But regardless of that, the industry needs the government to lay down a long-term policy framework, so the industry can invest in a circular economy framework.”
On current and future environmental laws, specifically the circular economy package, being applied in the UK, Hathaway pointed out the government “needs to offer clarity […] officials have been told to carry on negotiations, because it’s possible they will still apply in the future. Of course it’s possible they won’t apply, in which case we’d want the government to put similar rules in place so that the industry has a long term policy framework and can invest in appropriate waste infrastructure”.
Sam Boileua, Partner at law firm Dentons, which “specialises in waste legislation”, added that there had been a “marked lack of clarity from the government on what approach will be taken to environmental legislation”. He also warned of impacts on “investment in operational areas directly influenced by environmental standards and regulation” as the waste industry “is particularly at risk” because investment “is in part driven directly by knowledge of current and impending” regulation.
He added that he believes “Brexit presents both a threat and an opportunity. A threat because if there is a poorly managed transition where important environmental rules and incentive systems fall away and are not replaced, this will discourage investment and cause confusion amongst operators. It may also lead to a drop in environmental standards even amongst law abiding businesses.
“An opportunity because the EU legal framework is inflexible and can be slow to react. Without it, the UK government and regulators will have the opportunity to design and consult upon a more sophisticated, flexible and effective environmental regime”.
The Recycler reported on predictions and possible impacts of the decision on IP, and also reported on the UKIPO (UK Intellectual Property Office) and its views on how ‘Brexit’ would impact IP law in the UK, before most recently studying the potential impacts on the unified EU patent.