There has been notable Post-Brexit divergence in environmental and climate regulation. The gap has widened as the EU has strengthened regulation while the UK has either relaxed standards or not followed new EU standards.
The European Green Deal (EGD) was the flagship policy that drove Commission President von der Leyen’s first term in office from 2019 to 2024. Since Brexit, the EU has passed 28 new environmental laws that the UK has not adopted. They demonstrate the EU’s willingness to restrict the use of harmful chemicals and pesticides. The EGD also promotes a ‘circular economy’, raises air quality standards, tackles microplastics and deals with sewage.
The EU’s urban wastewater (i.e. sewage) treatment directive has tightened the requirements on member states for dealing with sewage. It also requires them to recover costs from pharmaceutical and cosmetics companies if their products contain micro-pollutants that are damaging to human health and the environment.
The UK government’s priorities have been to promote trade and deliver economic growth. It has not articulated a policy on its position relative to EU environmental standards and there is no dynamic alignment. For example, there are no new laws corresponding to the EU’s rules for energy efficiency, reducing methane emissions or cutting food and textile waste.
By contrast, the UK’s Planning and Infrastructure Bill removes protections from rare species. It allows developers to damage or destroy local habitats, and damage biodiversity, provided they pay into a general fund. The EU’s Habitats Directive does not permit this and requires developers to avoid or mitigate damage on site.
The UK permits 14 pesticides that the EU has banned since Brexit, for example, the fungicides dimethomorph and benthiavalicarb,
The Retained EU Law Act allows ministers to revoke or replace EU-derived environmental rules without parliamentary scrutiny. It also creates powers for ministers to reinterpret environmental obligations more flexibly.
However the sanitary and phytosanitary (SPS) agreement that is under negotiation, may lead to the banning of pesticides in the UK that are banned in the EU. Industry lobbyists are concerned about the potential financial cost of such a ban.
Table 9.1: Post-Brexit environmental divergence
| Table 9.1: Changes in environmental rules since Brexit | ||||
|---|---|---|---|---|
| Area | EU | UK | ||
| 1 | Air quality | Strengthened standards | Removed key protections | |
| 2 | Water and wastewater (sewage) | Tougher pollution and microplastic laws | Not adopted; weaker enforcement | |
| 3 | Chemicals | More bans/restrictions | Allows many EU‑banned chemicals | |
| 4 | Pesticides | Strong bans | Re‑approved banned substances | |
| 5 | Habitats and nature | Strengthened restoration | Weakened via planning reforms | |
| 6 | Circular economy | Strict eco‑design and recycling laws | Not followed; risk of low‑standard imports | |
| 7 | Industrial emissions | Tightened rules | No equivalent updates | |
| 8 | Carbon pricing | Strong ETS, transition support | Weaker ETS, little support | |
| 9 | Deforestation | World‑leading ban | Weaker, delayed system | |