This provides a useful overview, amongst other things, as to whether:
- during the transition period, the UK will continue to apply existing EU environmental law together with any new EU Regulations entering into force and any new statutory instruments adopted to implement EU Directives;
- during the transition period, all open cases against the UK before the CJEU for non-compliance with EU environmental law (“infraction proceedings”) at the commencement of the transition period will continue and new ones may be commenced up to the end of transition – such as in relation to nitrogen dioxide levels in urban areas – continued on 31 January 2020;
- after the transition period, following the removal of the powers of the European Commission, there will be a body to oblige the UK to comply with its environmental obligations;
- after the transition period, current participants in the EU Emission Trading System who are operators of UK installations will continue to take part in it and whether the UK will establish its standalone emission trading system or one that is linked to the EU ETS;
- the UK negotiating mandate proposes non-regression from current environmental protection standards and does not pursue dynamic alignment, which would involve the UK matching any increase in EU’s standards of environmental protection over time;
- the draft EU FTA seeks to provide for compliance with future standards that require higher level of environmental protection and opportunity to expand the list of environmental protection subject areas covered by the trade arrangements.
If you would like to discuss specific arrangements for support through the risks of the move to an uncertain future relationship, on how you might express the concerns of your business to governments, on dispute risks that may arise, or on any other questions or challenges you have, please do contact your regular Herbert Smith Freehills relationship contacts, or otherwise any of our experts listed here.