Environment Protection

(asked on 21st November 2017) - View Source

Question to the Department for Environment, Food and Rural Affairs:

To ask Her Majesty's Government whether they plan to enshrine all the provisions of Article 191(2) of the Treaty on the Functioning of the European Union in British law after the UK leaves the EU; and if so, how.


This question was answered on 30th November 2017

The European Union (Withdrawal) Bill will preserve environmental principles where they are included in directly applicable EU regulations (which are converted into UK law by the Bill); or in EU-derived domestic legislation (which is preserved by the Bill); or in the case law of the Court of Justice of the European Union (which is relevant to the interpretation of retained EU law). For example, the precautionary principle, referred to in Article 191(2), is included in the REACH Regulation (1907/2006) and the Invasive Alien Species Regulation (1143/2014) and so will be preserved by the Bill in those areas. . The ‘polluter pays’ principle, also referenced in Article 191(2), is referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 which will also be preserved by the Bill. Similarly, CJEU case law on chemicals, waste and habitats, for example, includes judgments on the application of the precautionary principle to those areas. This will likewise be preserved by the Bill.

Although environmental principles are already central to government policy, they are not set out in one place other than the EU treaties. The Secretary of State therefore announced on 12 November our intention to create a new comprehensive policy statement setting out the environmental principles to underpin future policy making. We will consult on this early next year alongside proposals for a new, independent statutory body to uphold environmental standards.

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