COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - UNITED KINGDOM Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results - Hoofdinhoud

Council of the European Union

Brussels, 6 February 2017 (OR. en)

5967/17 ADD 28

ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37

COVER NOTE

From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 6 February 2017

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: SWD(2017) 59 final

Subject: COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - UNITED KINGDOM

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and

how to combine efforts to deliver better results

Delegations will find attached document SWD(2017) 59 final.

Encl.: SWD(2017) 59 final

EUROPEAN COMMISSION

Brussels, 3.2.2017 SWD(2017) 59 final

COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - UNITED KINGDOM

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and how to

combine efforts to deliver better results

{COM(2017) 63 final i} {SWD(2017) 33 - 58 final}

{SWD(2017) 60 final}

United Kingdom 2

This report has been written by the staff of the Directorate-General for Environment, European

Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu

More information on the European Union is available on the internet (http://europa.eu).

Photographs: p.11 – ©LIFE08 NAT/UK/000202; p.12 – ©chris2766/iStock; p.13 – ©LIFE07

ENV/UK/000943/Toby Roxburgh/2020VISION/naturepl.com; p.19 – ©Chris Hepburn/iStock; p.23 – ©BrianAJackson/iStock

For reproduction or use of these photos, permission must be sought directly from the copyright holder.

©European Union, 2017

Reproduction is authorised provided the source is acknowledged.

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Table of Content

EXECUTIVE SUMMARY .................................................................................................................................... 4

PART I: THEMATIC AREAS ............................................................................................................................... 5

• 1. 

  TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-

  CARBON ECONOMY ............................................................................................................................... 5

  Developing a circular economy and improving resource efficiency ..................................................... 5

  Waste management .............................................................................................................................. 7

• 2. 

  PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9

  Nature and Biodiversity ......................................................................................................................... 9

  Estimating natural capital ................................................................................................................... 11

  Green Infrastructure ........................................................................................................................... 11

  Soil protection ..................................................................................................................................... 12

  Marine protection ............................................................................................................................... 13

• 3. 

  ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15

  Air quality ............................................................................................................................................ 15

  Noise ................................................................................................................................................. 15

  Water quality and management ......................................................................................................... 16

  Enhancing the sustainability of cities .................................................................................................. 18

  International agreements ................................................................................................................... 19

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 20

• 4. 

  MARKET BASED INSTRUMENTS AND INVESTMENTS .......................................................................... 20

  Green taxation and environmentally harmful subsidies ..................................................................... 20

  Green Public Procurement .................................................................................................................. 21

  Investments: the contribution of EU funds ......................................................................................... 21

• 5. 

  EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 23

  Effective governance within central, regional and local government ................................................. 23

  Compliance assurance ......................................................................................................................... 24

  Public participation and access to justice ........................................................................................... 26

  Access to Information, knowledge and evidence ............................................................................... 26

  United Kingdom 4

Executive summary

About the Environmental Implementation Review with the devolved administrations (Scotland, Northern

In May 2016, the Commission launched the Ireland and Wales) responsible for environmental and Environmental Implementation Review (EIR), a two-year related economic development measures. The UK cycle of analysis, dialogue and collaboration to improve government is responsible for implementing the implementation of existing EU environmental policy environmental policy in England.

and legislation 1 . As a first step, the Commission drafted Main Challenges

28 reports describing the main challenges and

opportunities on environmental implementation for each The three main challenges with regard to Member State. These reports are meant to stimulate a implementation of EU environmental policy and law in positive debate both on shared environmental challenges the United Kingdom are:

for the EU, as well as on the most effective ways to  Improving air quality in urban areas, especially address the key implementation gaps. The reports rely on nitrogen dioxide (NO2). the detailed sectoral implementation reports collected or  Tackling water quality, notably agricultural pollution issued by the Commission under specific environmental nitrates) but also remaining urban waste water legislation as well as the 2015 State of the Environment issues such as storm water overflows. Report and other reports by the European Environment  Completing the Natura 2000 designation process for Agency. These reports will not replace the specific marine sites, increase the focus on protecting instruments to ensure compliance with the EU legal species and habitats outside the limited UK Natura obligations. 2000 terrestrial network and to develop an overall

The reports will broadly follow the outline of the 7th protection strategy for dispersed species such as Environmental Action Programme 2 and refer to the 2030 bats and great crested newts.

Agenda for Sustainable development and related Main Opportunities

Sustainable Development Goals (SDGs) 3 to the extent to

which they reflect the existing obligations and policy The United Kingdom could perform better on topics

objectives of EU environmental law 4 . where there is already a good knowledge base and good practices. This applies in particular to:

The main challenges have been selected by taking into

account factors such as the importance or the gravity of  Recycling. The WRAP programme (in England, Wales the environmental implementation issue in the light of and Northern Ireland) which aims at showing how the impact on the quality of life of the citizens, the businesses, organisations and consumers can be part

distance to target, and financial implications. of a resource revolution can be a basis for making further progress on waste and resource efficiency.

The reports accompany the Communication "The EU

Environmental Implementation Review 2016: Common Points of Excellence challenges and how to combine efforts to deliver better Where the United Kingdom is a leader on environmental results", which identifies challenges that are common to implementation, innovative approaches could be shared several Member States, provides preliminary conclusions more widely with other countries. Good examples are:

on possible root causes of implementation gaps and

proposes joint actions to deliver better results. It also  A specialised bank, the Green Investment Bank, is in groups in its Annex the actions proposed in each country charge of attracting private investments in the green report to improve implementation at national level. economy.

 National infrastructure pipeline, which gives an

General overall picture of planned investment in

Environmental policy is primarily devolved within the UK, infrastructure and which is updated regularly basis provides a sound basis for governmental decisions.

 The UK is one of the frontrunners on Green Public 1 Communication "Delivering the benefits of EU environmental policies Procurement.

through a regular Environmental Implementation Review"  The UK possesses an advanced approach on natural

( COM/2016/ 316 final ).

2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union capital accounting.

Environmental Action Programme to 2020 " Living well, within the limits of our planet ".

3 United Nations, 2015. The Sustainable Development Goals

4 This EIR report does not cover climate change, chemicals and energy.

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•

Part I: Thematic Areas

• 1. 

  Turning the EU into a circular, resource-efficient, green and

  competitive low-carbon economy

  potential to create even more economic opportunities. In

Developing a circular economy and improving terms of environmental impacts, this means reduced

resource efficiency carbon and water footprint, less soil and water pollution and better human health.

The 2015 Circular Economy Package emphasizes the need

to move towards a lifecycle-driven ‘circular’ economy, The UK Government has also set up the Green with a cascading use of resources and residual waste that Investment Bank (GIB) to deliver support to offshore is close to zero. This can be facilitated by the wind, energy efficiency or onshore renewables initiatives. development of, and access to, innovative financial The GIB is in charge of attracting private investment in

instruments and funding for eco-innovation. the green economy and demonstrating that such investment makes sound commercial sense. To secure

SDG 8 invites countries to promote sustained, inclusive funding, projects must meet GIB’s investment and and sustainable economic growth, full and productive sustainability criteria.

employment and decent work for all. SDG 9 highlights

the need to build resilient infrastructure, promote In addition, approaches on regional level exist. The inclusive and sustainable industrialization and foster London Waste and Recycling Board published the innovation. SDG 12 encourages countries to achieve the ‘Towards a Circular Economy’ report

6 , an introduction to

sustainable management and efficient use of natural London’s route map to a circular economy, on 9 resources by 2030. December 2015.

Measures towards a circular economy Regarding the circular economy, the Scottish Government has published its first circular economy

Transforming our economies from linear to circular offers strategy “Making Things Last” in February 2016, as well an opportunity to reinvent them and make them more as a GBP 70 million investment for a new strategy for sustainable and competitive. This will stimulate manufacturing “A Manufacturing Future for Scotland” . 7 investments and bring both short and long-term benefits

for the economy, environment and citizens alike. Another good practice example is the UK’s National Industrial Symbiosis Programme 8 (NISP) which was rolled

Several systemic and transformative eco-innovations and out in 2005 as a free businesses opportunity and supporting policies are emerging in the United Kingdom, networking programme. It is a business opportunity aiming to make a complete shift in current patterns of programme that develops mutually profitable links production and consumption. between traditionally separate companies from all

The UK government publication 'Enabling the Transition industrial sectors and of all sizes so that previously to a Green Economy: government and business working unused or discarded resources such as energy, water together' is a response to requests from the private and/or materials from one company can be recovered, sector for greater clarity on the policies being put in place reprocessed and re-used by other companies in the to achieve this and how they come together 5 . industrial member network.

In 2015, the UK Government published a report entitled The UK government, the devolved administrations (Wales

“Resource management: a catalyst for growth and and Northern Ireland) and other backers are funding productivity” that highlights economic direct and indirect WRAP to deliver practical solutions to improve resource

9

benefits as well as environmental benefits brought by the efficiency and reduce waste. WRAP’s aims are to rewaste and resource management sector to the UK invent the design and production of products; re-define economy. The report found that in 2013, the sector the possibilities of re-use and recycling and rethink how employed 672,000 people and generated GBP 6.8 billion products are used and consumed. Activity is gross value added, or GBP 41 billion when adding re-use, concentrated on three priority sectors; food and drink,

repair and leasing of household goods activities.

Transitioning towards a more circular economy has the 6 London Waste & Recycling Board, 2015. Towards a Circular Economy 7

 Scottish Government, 2016. Manufacturing Plan to boost industry. 8 National Industrial Symbiosis Programme, 2016 .

5 Eco-innovation Observatory, 2013. Eco-innovation in United Kingdom 9 WRAP programme, 2016. Resource Revolution : Creating the Future

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clothing and textiles; and electricals and electronics, with and material usage and divert waste from landfill. These collaborative action being delivered through voluntary goals are to be achieved through directly working with agreements. Zero Waste Scotland is the Scottish companies, including the supply of resource efficiency Government’s delivery body and supports businesses, assessments, and targeted information. Launched in the public sector and consumers in Scotland on waste 2001, the measure targets all interested companies, and resource efficiency. although support was prioritised to areas thought to

The UK itself estimates that the core waste sector alone have the greatest effect. From 2007 to 2010, 3,655

supported 103,000 jobs in 2013 . 10 businesses were assisted, leading to annual cost savings of GBP 77 million, material savings of almost 200,000

The UK is among the best performing member states as tonnes and an increase in sales by GBP 35 million. regards resource efficiency (how efficiently the economy

uses material resources to produce wealth), having a stable The Resource Efficient Scotland Programme funded by increase since 2004 with 3.44 EUR/kg (EU average is 2.0) in the Scottish Government, offers free advice and support 2015 as shown in Figure 1. Resource productivity 11 is higher to businesses to implement energy and resource in countries with high income and in economies with larger efficiency measures that translate to cost savings,

service sectors. increasing their economic competitiveness. From 2013 to 2015 the programme has provided advice to over 10,000

Figure 1: Resource productivity 2003-15 12 businesses and generated estimated lifetime energy

savings of 2,300 GWh, carbon savings of 900,000 tCO 2 and cost savings of £180 million.

In the Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" it is shown that 47% of UK's SMEs have invested up to 5% of their annual turnover in their resource efficiency actions (EU28 average 50%), 26% of them are currently offering green products and services (EU28 average 26%), 72% took measures to save energy (EU28 average 59%), 91% to minimise waste (EU28 average 60%), 57% to save water (EU28 average 44%), and 64% to save materials (EU28 average 54%). From a circular economy perspective, 74% took measures to recycle by reusing material or waste

SMEs and Resource efficiency within the company (EU28 average 40%), 26% to design products that are easier to maintain, repair or reuse

In general, the UK proposes a wide range of measures to (EU28 average 22%) and 35% were able to sell their scrap support Small and Medium-sized enterprises (SMEs) in material to another company (EU28 average 25%).

improving its resource efficiency, ranging from voluntary

measures to regulatory measures. An analysis shows 13 Using the full potential of resource efficiency measures, that UK offers nine out of ten support activities assessed the cost savings are huge: for only four SME sectors (food in the study and belongs to the ten best performing & beverages; energy, power & utilities; environmental member states. technologies; construction) the savings that would Two measures could be mentioned as successful strengthen their competitiveness could already amount examples: In the UK, the most prominent example for to around EUR 6.7 billion. incentivising audits is ENWORKS 14 , work on resource About 60,000 new jobs could be created and about efficiency assessments in businesses. ENWORKS resource 173,000 jobs could be secured if all SMEs in the four efficiency assessments aim to (i) improve the sectors would fully use their potential for resource competitiveness and productivity of companies in North efficiency 15 . The Flash 426 Eurobarometer "SMEs, West England by reducing their exposure to resource efficiency and green markets" shows that 27% environmental risk and (ii) reduce CO2 emissions, water of the SMEs in the UK have one or more full time

employee working in a green job at least some of the 10 UK Government, 2015. DEFRA Resource Management: a catalyst for time (EU28 average 35%). The UK has an average number

growth and productivity

11 Resource productivity is defined as the ratio between gross domestic of 2.0 full time green employees per SME (EU28 average

product (GDP) and domestic material consumption (DMC)

12 Eurostat, Resource productivity , accessed October 2016

13 Ecologic, IEEP, Bio by deloitte, 2015. A framework for Member States

to support business in improving its resource efficiency , Study for the European Commission, p. 59 15 RPA, 2015. Assessing the Potential Cost Savings and Resource Savings

14 ENWORKS: http://www.enworks.com/ of Investments in 4 SME sectors , study for European Commission

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1.1%) 16 . In 2014 and 2015, particularly dynamic areas in terms of

eco-innovation and the circular economy included: 1)

Eco-Innovation Remanufacturing and new business models, 2) Waste

In 2015, the UK performed slightly above the EU average management and recycling, 3) Sustainable use of natural in terms of eco-innovation performance according to the resources and critical materials, 4) Low carbon transport, EIO Scoreboard, with an overall score of 106 compared to focussing in particular on ultra-low emission vehicles and an EU average of 100. However, this represents a fall in 5) Clean and carbon abatement technologies.

the ranking compared to 2013 where the UK achieved a National efforts to further embrace eco-innovation are score of 122. The UK went from the 5th to the 11th also reinforced by an ambitious international and position and is approximately back to its 2012 level, European context promoting collaboration, transparency

when it achieved an average score of 100 17 . and long-term, wise investment. Mission Innovation is

Figure 2: Eco-Innovation Index 2015 (EU=100) 18 looking to accelerate global clean energy innovation to make it more widely affordable for climate challenge,

affordable and reliable energy, economic growth and energy security. Considering that clean energy technologies require very large amounts of money to bring down costs, to make them affordable and scalable, private sector investment, such as from the Breakthrough Energy Coalition which was launched alongside Mission Innovation, will be key to helping them develop.

Waste management

Turning waste into a resource requires: − Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc. − Reducing per capita waste generation and waste generation in absolute terms. − Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste. SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.

The EU's approach to waste management is based on the

This dynamism is underlined by the existence of multiple "waste hierarchy" which sets out an order of priority organisations fostering systemic eco-innovation and a when shaping waste policy and managing waste at the more circular economy, through the delivery of financial operational level: prevention, (preparing for) reuse, support, advice and networking opportunities to recycling, recovery and, as the least preferred option, innovative SMEs and public bodies at the regional and at disposal (which includes landfilling and incineration the national level. Such organisations include Waste and without energy recovery).

Resources Action Programme (WRAP), Innovate UK, the

Knowledge Transfer Network (KTN) and the Catapult The progress towards reaching recycling targets and the

Centres. adoption of adequate WMP/WPP

19 should be the key

items to measure the performance of Member States. This section focuses on management of municipal waste

16 The Flash 426 Eurobarometer "SMEs, resource efficiency and green for which EU law sets mandatory recycling targets.

markets" defines "green job" as a job that directly deals with information, technologies, or materials that preserves or restores environmental quality. This requires specialised skills, knowledge, training, or experience (e.g. verifying compliance with environmental legislation, monitoring resource efficiency within the company, promoting and selling green products and services).

17 Eco-Innovation Observatory, 2015: Eco-Innovation in UK

18 Eco-innovation Observatory: Eco-Innovation scoreboard 2015 19 Waste Management Plans/Waste Prevention Programmes

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Over the last years, statistics show a continuous decline in

municipal waste 20 generation in the UK (Figure 3). In 2014,

the amount of waste generated remains the same as 2013 and it is slightly above the EU average (482 kg/y/inhabitant compared to 475kg/y/inhabitant). Figure 3 depicts the municipal waste by treatment in the UK in terms of kg per capita, which shows an increase in incineration and a decrease in landfilling.

Figure 3: Municipal waste by treatment in the United

Kingdom 2007-14 21

The UK has also met the packaging waste recycling target (61%). The landfill rate is the same as the EU average (28%). UK complied with both the 2006 and the 2009 landfill diversion targets . 24

However, additional initiatives would be needed in order to limit landfilling to 10% of residual waste by 2030 (a target proposed by the Commission in 2015). Any future investments in incineration (energy recovery) or in mechanical biological treatment (MBT) plants based on mixed waste should be planned so that they do not

Recycling accounts for 45% (incl. composting which hinder UK from meeting the 50% recycling target in 2020, accounts for 17%) showing that the UK is on track to and possible future recycling targets as proposed by the meet the 50% recycling target by 2020, as depicted in Commission.

Figure 4 . 22 A landfill tax is in place in UK and this has begun to

Figure 4: Recycling rate of municipal waste 2007-14 23 produce clear impacts on reducing landfilling. Limited extended producer responsibility (EPR) (few waste

streams covered) or equivalent system are in place and are unable to cover the full costs of separate collection and recycling of the main waste streams.

Full implementation of the existing legislation could create more than 63,900 jobs in the UK and increase the annual turnover of the waste sector by over EUR 6,700 million. Moving towards the targets of the Roadmap on resource efficiency, which outlines how Europe's economy can be transformed into a sustainable one by 2050, could create over 84,200 additional jobs and increase the annual turnover of the waste sector by over EUR 8,840 million 25 .

Suggested action

20 Municipal waste consists of waste collected by or on behalf of • Phase out landfilling of recyclable and recoverable

municipal authorities, or directly by the private sector (business or

private non-profit institutions) not on behalf of municipalities (2014) waste. Use revenues from economic instruments to

21 Eurostat, Municipal waste and treatment, by type of treatment method, accessed October 2016 24 UK secured four year derogation from the landfill directive targets,

22 Member States may choose a different method than the one used by meaning that the target years are 2010, 2013 and 2016.

ESTAT (and referred to in this report) to calculate their recycling rates 25 Bio Intelligence service, 2011. Implementing EU Waste legislation for

and track compliance with the 2020 target of 50% recycling of Green Growth , study for European Commission. The breakdown per

municipal waste. country on job creation was made by the consultant on Commission

23 Eurostat, Recycling rate of municipal waste , accessed October 2016 demand but was not included in the published document.

United Kingdom 9

support the separate collection and alternative streams to ensure appropriate and sustainable funding infrastructure. of separate collection, sorting/recycling.

• Introduce new economic instruments (e.g. PAYT) to implement further the waste hierarchy, i.e. promote prevention, make reuse and recycling more economically attractive, and shift reusable and recyclable waste away from incineration.

• Improve the performance of the extended producer responsibility (EPR schemes) covering the main waste

• 2. 

  Protecting, conserving and enhancing natural capital

  covered by Natura 2000 (EU average 18.1 %), with Birds

Nature and Biodiversity Directive SPAs covering 6.54% (EU average 12.3 %) and Habitats Directive SCIs covering 5.35% (EU average 13.8

The EU Biodiversity Strategy aims to halt the loss of %). The UK has the second lowest percentage of land biodiversity in the EU by 2020, restore ecosystems and designated under Natura 2000 in the EU (Denmark is the their services in so far as feasible, and step up efforts to lowest at 8.34%).

avert global biodiversity loss. The EU Birds and Habitats

Directives aim at achieving favourable conservation The Commission has consistently emphasised the need

status of protected species and habitats. for the UK to do more for species and habitats outside this limited terrestrial network.

SDG 14 requires countries to conserve and sustainably

use the oceans, seas and marine resources, while SDG 15 Furthermore, designations are not equally spread all over requires countries to protect, restore and promote the the UK, there are significant differences as regards the sustainable use of terrestrial ecosystems, sustainably percentage of designated land between the various parts manage forests, combat desertification, and halt and of the UK (see table below). The pattern of terrestrial

reverse land degradation and halt biodiversity loss. designation is variable across the constituent parts of the UK:

The 1992 EU Habitats Directive and the 1979 Birds

Directive are the cornerstone of the European legislation Rounded Natura 2000 SCI/SAC SPA aimed at the conservation of the EU's wildlife. Natura figures (terrestrial) (terrestrial) (terrestrial)

2000, the largest coordinated network of protected areas England 5% 4% 3,7% in the world, is the key instrument to achieve and Wales 7% 6% 4% implement the Directives' objectives to ensure the long Scotland 15% 7.7% 12% term protection, conservation and survival of Europe's Northern

most valuable and threatened species and habitats and Ireland 8% 2.6% 6%

the ecosystems they underpin.

The adequate designation of protected sites as Special UK has vast marine areas and the marine designation Ares of Conservation (SAC) under the Habitats Directive process, even if slow, is moving in the right direction.

and as Special Protection Areas (SPA) under the Birds Figure 5: Sufficiency assessment of SCI networks in the

Directive is a key milestone towards meeting the United Kingdom based on the situation until December objectives of the Directives. The results of Habitats 2013 (%) 27

Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community

Importance (SCI)-SPA and SAC designation 26 both in land

and at sea, should be the key items to measure the performance of Member States.

The UK has designated 272 SPAs under the Birds

Directive and 654 sites under the Habitats Directive. By early 2016, 8.53% of the national land area of UK was

26 Sites of Community Importance (SCIs) are designated pursuant to the

Habitats Directive whereas Special Areas of Protection (SPAs) are designated pursuant to the Birds Directive; figures of coverage do not add up due to the fact that some SCIs and SPAs overlap. Special Areas of Conservation (SACs) means a SCI designated by the Member

States. 27 European Commission internal assessment.

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trend in UK as in large parts of the EU. Data from the ‘State of Nature in the EU’ report, that is based on Member State reporting under the nature directives show that not only the conservation status 31 of a substantial part of protected features is unfavourable, in particular for habitats but also that there are many negative trends ongoing among the unfavourable features. Agriculture, pollution and hydrological modifications are amongst the highest ranking threats to biodiversity.

The UK has all in all 101 species and 83 habitats of community interest. According to the latest report on the conservation status of habitats and species covered by

the Habitats Directive 32 , 7% of the habitats'

biogeographic assessments were favourable in 2013 (EU27: 16%). Furthermore, 18% are considered to be unfavourable–inadequate (EU27: 47%) and 71% are

The marine network is still not complete 28 (see Figure unfavourable – bad (EU27: 30%). As for the species, 43%

5 29 .): for example, sites for harbour porpoise are in spite of the assessments were favourable in 2013 (EU27: 23%) of efforts undertaken by the UK still incomplete and this 24% at unfavourable-inadequate (EU27: 42%) and 17% is why the Commission has recently brought the harbour unfavourable-bad status (EU27: 18%). This is depicted in

porpoise case to the European Court of Justice. There are Figure 6 33 . This situation points to a severe need for

other examples and further work is needed for several restoration work for habitats in the UK.

habitats, species and birds in the marine environment,

but these are actively being addressed. Figure 6: Conservation status of habitats and species in the United Kingdom in 2007/2013 (%) 34

The UK has designated all terrestrial sites as Special Areas of Conservation (SACs). Many SACs in Scotland and

England have only high level conservation objectives.

There is a programme of work in place in England to develop detailed objectives where necessary to inform the conservation measures. As regards conservation measures, these seem to be largely in place as regards maintenance of sites, but less advanced as regards needed restoration measures, even though there are a range of successful LIFE-projects dealing with restoration of habitats and species. In general, more transparency is needed (where, what, what for, etc.) as better access to this type of information across the UK would benefit

implementation and public awareness 30 .

Continuous degradation of biodiversity is an ongoing

31 Conservation status is assessed using a standard methodology as 28 For each Member State, the Commission assesses whether the being either ‘favourable’, ‘unfavourable-inadequate’ and

species and habitat types on Annexes I and II of the Habitats ‘unfavourable-bad’, based on four parameters as defined in Article 1 Directive, are sufficiently represented by the sites designated to of the Habitats Directive.

date. This is expressed as a percentage of species and habitats for 32 The core of the ‘Article 17’ report is the assessment of conservation

which further areas need to be designated in order to complete the status of the habitats and species targeted by the Habitats Directive.

network in that country. The current data , which were assessed in 33 Please note that a direct comparison between 2007 and 2013 data is

2014-2015, reflect the situation up until December 2013. complicated by the fact that Bulgaria and Romania were not covered

29 The percentages in Figure 5 refer to percentages of the total number by the 2007 reporting cycle, that the ‘unknown’ assessments have

of assessments (one assessment covering 1 species or 1 habitat in a strongly diminished particularly for species, and that some reported given biographical region with the Member State); if a habitat type or changes are not genuine as they result from improved data / a species occurs in more than 1 Biogeographic region within a given monitoring methods.

Member State, there will be as many individual assessments as there 34 These figures show the percentage of biogeographical assessments in

are Biogeographic regions with an occurrence of that species or each category of conservation status for habitats and species (one habitat in this Member State. assessment covering 1 species or 1 habitat in a given biographical

30 An interesting initiative in this direction has been taken by the IPENS region with the Member State), respectively. The information is

project which shows the objectives actions that are needed are based on Article 17 of the Habitats Directive reporting - national linked and that these are publicly available. summary of the United Kingdom

United Kingdom 11

due to too much reliance being placed on voluntary compliance.

The UK is very successful client of the LIFE-nature fund that supports conservation and restoration projects.

The rich and unique fauna and flora in the UK's Overseas Territories is not covered by Natura 2000. Targeted protection measures and adequate financial resources should be devoted to conserving the exceptional wealth

During the period 1970-2012, populations of breeding of biodiversity in the overseas territories. In its farmland and woodland birds in the UK declined by 50% conclusion of 16 December 2015 Environment Council and 17% respectively. In 2012 the population for noted the results of the preparatory action on breeding water and wetland birds was 16% lower than in Biodiversity and Ecosystem Services in Territories of 1975. European Overseas (BEST), the funding available under Figure 7: Short-term population trend of breeding and the Commission's Best 2.0 Programme, and urged the wintering bird species in the United Kingdom in 2012 Commission and the Member States to move forward on (%) 35 partnerships dedicated to mobilising resources to protect

the unique ecosystems and the services they provide in the EU Outermost Regions (OR) and Overseas Countries and Territories (OCT).

Suggested action

• Complete the Natura 2000 designation process in particular in the UK's extensive marine waters for birds, species and habitats. Put in place clearly defined conservation objectives and the necessary conservation measures for the sites and provide adequate resources for their implementation in order to maintain/restore species and habitats of community interest to a favourable conservation status across their natural range.

Issues concerning dispersed species such as bats and

great crested newts have been regularly discussed over • Improve knowledge and data availability to be in a the last decade and, while some issues have been dealt better position to implement appropriate conservation with, an overall protection strategy dealing with the main measures but also allow for good quality appropriate impacts on these species is still lacking. In addition, assessments in the case of plans and projects which structured monitoring data and sufficient data to satisfy could have an impact on protected features.

UK-criteria for the designation of sites are party missing. • Engage in a sustainable partnership for biodiversity protection in the ORs and the OCTs, building on the

The key pressure on nature appears to come from BEST Preparatory Action and the BEST 2.0 programme. agriculture (see reports bases on Art. 17 of the Birds

Directive and Art. 12 of the Natura Directive), possibly Estimating natural capital

35 Article 12 of the Birds Directive reporting - national summary of the The EU Biodiversity Strategy to 2020 calls on the Member

United Kingdom States to map and asses the state of ecosystems and

United Kingdom 12

their services in their national territory by 2014, assess ecosystem services at a landscape scale is proceeding the economic value of such services, and promote the throughout the UK. For example, 48 Local Nature integration of these values into accounting and reporting Partnerships (LNPs) were established around England to systems at EU and national level by 2020. provide a local approach to managing the natural

The UK National Ecosystem Assessment (NEA) was environment in a strategic and integrated way.

completed in 2012. A follow-on project to UK NEA to Following a national competition, in 2012 GBP 7.5 million address implementation needs was launched in 2014 to funding was awarded to 12 new Nature Improvement provide new information on tools required to help Areas (NIAs) in England, generating significant additional decision-makers across all sectors understand the wider investment from other sources. value of ecosystem services 36 . The Ecosystems Knowledge

Network in the UK has been promoting the use of The National Planning Policy Framework provides advice ecosystem services and ecosystem approach. This and guidelines for planning in England and recommends Network is providing advice to a wide range of users the development of green infrastructure and ecological including businesses, local government agencies and land corridors.

valuation professionals. Activities are also ongoing in In Scotland, Green Networks and Green Infrastructure

Scotland and Wales. The UK is quite advanced on natural projects aim to improve the environment by creating capital accounting. A national Natural Capital Accounting integrated habitat networks, and mapping of ecosystem 2020 Roadmap was developed and an interim review has health will inform targeted action. National Scottish already been carried out. The Office of National Statistics guidance on green infrastructure promotes the key role (ONS) has published natural capital accounts, including of green infrastructure in creating distinctive and on land cover, woodlands and fresh water. Monetary sustainable places. estimates have also been carried out and some partial estimates have been published 37 . In 2011 Scotland established a natural capital asset index to measure changes in the stock of natural capital, which became one of the indicators used in the Government’s National

Performance Framework.

Green Infrastructure

The EU strategy on green infrastructure 38 promotes the

incorporation of green infrastructure into related plans and programmes to help overcome fragmentation of habitats and preserve or restore ecological connectivity, enhance ecosystem resilience and thereby ensure the continued provision of ecosystem services.

Green Infrastructure provides ecological, economic and

social benefits through natural solutions. It helps to Soil protection

understand the value of the benefits that nature provides

to human society and to mobilise investments to sustain The EU Soil Thematic Strategy highlights the need to

and enhance them. ensure a sustainable use of soils. This requires the prevention of further soil degradation and the

The contribution that nature and landscapes can make to preservation of its functions, as well as the restoration of health and quality of life is increasingly recognised in the degraded soils. The 2011 Road Map for Resource United Kingdom, and the provision of good quality green Efficient Europe, part of Europe 2020 Strategy provides space and associated green networks is an important that by 2020, EU policies take into account their direct component of policies in all four countries of the UK. The and indirect impact on land use in the EU and globally, Green Belt protection of green space around major cities and the rate of land take is on track with an aim to is a long standing and politically important framework for achieve no net land take by 2050.

development. Work to restore habitats and improve SDG 15 requires countries to combat desertification,

restore degraded land and soil, including land affected by

36 Ecosystem services are benefits provided by nature such as food, desertification, drought and floods, and strive to achieve

clean water and pollination on which human society depends. a land-degradation-neutral world by 2030.

37 ONS website, 2016. UK Natural Capital

38 European Union, Green Infrastructure — Enhancing Europe’s Natural Soil is an important resource for life and the economy. It

Capital, COM/2013/0249

United Kingdom 13

provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and increases fragmentation of habitats. Soil protection is indirectly addressed in existing EU policies in areas such as agriculture, water, waste, chemicals, and prevention of industrial pollution.

Artificial land cover is used for settlements, production systems and infrastructure. It may itself be split between built-up areas (buildings) and non-built-up areas (such as linear transport networks and associated areas).

The annual land take rate (growth of artificial areas) as provided by CORINE Land Cover was 0.19% in the UK over the period 2006-12, below the EU average (0.41%).

It represented 3812 hectares per year and was mainly driven by housing, services and recreation as well as

mines, quarries and dump sites 39 . The percentage of built

up land in 2009 was 3.41%, close to the EU average

(3.23%) 40 .

The soil erosion rate in 2010 was 2.38 tonnes per ha per Marine protection

year, close to EU28 average (2.46 tonnes) 41 .

The EU Coastal and Marine Policy and legislation require

There are still not EU-wide datasets enabling the that by 2020 the impact of pressures on marine waters is provision of benchmark indicators for soil organic matter reduced to achieve or maintain good environmental decline, contaminated sites, pressures on soil biology and status and coastal zones are managed sustainably.

diffuse pollution. An updated inventory and assessment

of soil protection policy instruments in the United SDG 14 requires countries to conserve and sustainably

Kingdom and other EU Member States is being use the oceans, seas and marine resources for performed by the EU Expert Group on Soil Protection. sustainable development.

Figure 8 shows the different land cover types in the The Marine Strategy Framework Directive (MSFD)

 43 aims

United Kingdom in 2012. to achieve Good Environmental Status (GES)

44 of the EU's

marine waters by 2020 by providing an ecosystem approach to the management of human activities with

Figure 8: Land Cover types in the United Kingdom 2012 42 impact on the marine environment. The Directive

requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or sub-region.

As part of their marine strategies, Member States had to make an initial assessment of their marine waters, determine GES and establish environmental targets by July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine waters by July 2014. The next element of their marine

39 European Environment Agency Draft results of CORINE Land Cover strategy was to establish a Programme of Measures,

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 artificial land.

40 European Environment Agency, 2016. Imperviousness and 43 European Union, Marine Strategy Framework Directive 2008/56/EC imperviousness change 44 The MSFD defines Good Environmental Status (GES) in Article 3 as:

41 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 “The environmental status of marine waters where these provide

42 European Environment Agency. Land cover 2012 and changes country ecologically diverse and dynamic oceans and seas which are clean, analysis [publication forthcoming] healthy and productive”

United Kingdom 14

which the UK reported to the Commission in March However, the UK reports that its monitoring programme,

2016 45 . The Commission assesses whether these for a few descriptors, will not be fully operational before

elements constitute an appropriate framework to meet 2018 (for marine litter and water column monitoring) or the requirements of the MSFD. sometimes even 2020 (for seabed habitats, fish and

UK marine waters are part of the North-East Atlantic underwater noise monitoring).

Ocean marine region and cover two sub-regions, the In its reports on the implementation of the MSFD 48 , the

Greater North Sea and the Celtic Seas. The UK also has Commission provided guidance to assist the United marine waters in the Mediterranean Sea, off the coast of Kingdom in its implementation of the MSFD.

Gibraltar. The United Kingdom is party to the Convention

for the protection of the marine environment of the Marine protected areas in the UK cover 62894.4 square

North-East Atlantic (OSPAR Convention). The North Sea is kilometers of its marine waters, with 30894.4 square one of the busiest maritime areas in the world, with kilometers in its North Sea waters, 31945.2 square exploitation of oil and gas reserves also occurring in kilometers in its Celtic Seas waters, 54.8 square parallel to the important maritime traffic. In addition, kilometers in its Western Mediterranean Sea waters .

49

overfishing and bottom-trawling constitute potential The UK indicated that, in 2016, marine protected areas threats to the biodiversity in that region. Potential risks covered around 154,000 square kilometers.

to the biodiversity in the Celtic Seas include, among Suggested action

others, overfishing and bottom trawling, fish farming

(estuaries) and potential pollution from fishing 46 . • Continue work to improve its definition of GES definitions (in particular for the biodiversity

When determining GES, the United Kingdom has descriptors), including through regional cooperation. addressed all the MSFD descriptors and used existing EU • Ensure that all of its monitoring programme is requirements as well as OSPAR standards. However, the implemented without delay and is appropriate to Commission considered, in 2014, that their monitor progress towards its GES. determination of GES was generally high-level, only • Continue to integrate existing monitoring programmes qualitative and therefore not measurable. It was required under other EU legislation and to implement, therefore too early to say whether UK waters were in where they exist, joint monitoring programmes good status as there were weaknesses in identifying what developed at (sub)regional, for instance by the GES is in the first place. Convention for the Protection of the Marine

Environment of the North-East Atlantic (OSPAR). Enhance comparability and consistency of monitoring methods within the country's marine region.

• Further develop approaches assessing (and quantifying) impacts from the main pressures in order

to lead to improved and more conclusive assessment results for 2018 reporting.

The United Kingdom established a monitoring programme of its marine waters in 2014. However it seems that its monitoring programmes for biodiversity, non-indigenous species, hydrographical changes and marine litter need further refinement to constitute an

appropriate framework 47 . In addition, its monitoring

programme should have been operational as of 2014.

45 Except for marine waters surrounding Gibraltar in the Western

Mediterranean sea region

46 European Environmental Agency, 2016. The North-east Atlantic

Ocean 48 Report from the Commission "The first phase of implementation of

47 Commission Staff Working Document Accompanying the Commission the Marine Strategy Framework Directive (2008/56/EC) - The

Report assessing Member States' monitoring programmes under the European Commission's assessment and guidance" COM(2014)097 Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 49 2012 Data provided by the European Environmental Agency – Not final) published

United Kingdom 15

• 3. 

  Ensuring citizens' health and quality of life

Air quality within the currently applicable national emission

ceilings. 52

The EU Clean Air Policy and legislation require that air

quality in the Union is significantly improved, moving At the same time, air quality in the United Kingdom closer to the WHO recommended levels. Air pollution continues to give cause for concern. For the year 2013, and its impacts on ecosystems and biodiversity should be the European Environment Agency estimated that about further reduced with the long-term aim of not exceeding 37 930 premature deaths were attributable to fine

critical loads and levels. This requires strengthening particulate matter 53 concentrations, 710 to ozone 54 efforts to reach full compliance with Union air quality concentration and over 11 940 to nitrogen dioxide 55 legislation and defining strategic targets and actions concentrations 56 . This is due also to exceedances above beyond 2020. the EU air quality standards such as shown in Figure 9 57 .

The EU has developed a comprehensive suite of air For 2014, exceedances above the EU air quality standards quality legislation 50 , which establishes health-based have been registered related to nitrogen dioxide (NO 2 ) in standards and objectives for a number of air pollutants. 30 air quality zones. The long-term objectives regarding As part of this, Member States are also required to ozone concentrations are not being met in 32 air quality

Figure 9: Attainment situation for PM 10 , NO 2 and O 3 in 2014

52

ensure that up-to-date information on ambient The current national emission ceilings apply since 2010 ( Directive 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by

concentrations of different air pollutants is routinely Directive (EU) 2016/2284 on the reduction of national emissions of made available to the public. In addition, the National certain atmospheric pollutants, amending Directive 2003/35/EC i and

Emission Ceilings Directive provides for emission repealing Directive 2001/81/EC i. 53

reductions at national level that should be achieved for Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.

main pollutants. PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)

micrometres or less. PM is emitted from many human sources,

The emission of several air pollutants has decreased including combustion. significantly in the UK 51 . Reductions between 1990 and 54 Low level ozone is produced by photochemical action on pollution 2014 for sulphur oxides (-92%), nitrogen oxides (-68%), and it is also a greenhouse gas. 55

ammonia (-13%) as well as volatile organic compounds NOx is emitted during fuel combustion e.g. from industrial facilities and the road transport sector. NOx is a group of gases comprising

(-70%) ensure air emissions for these pollutants are nitrogen monoxide (NO) and nitrogen dioxide (NO2).

56 European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Table 10.2, please see details in this report as regards the

50 European Commission, 2016. Air Quality Standards underpinning methodology).

51 See EIONET Central Data Repository and Air pollutant emissions data 57 Based on European Environment Agency, 2016. Air Quality in Europe viewer (NEC Directive) – 2016 Report . (Figures 4.1, 5.1 and 6.1)

United Kingdom 16

zones. In addition, target values for annual mean requirements, including assessing the exposure to concentrations have been exceeded in three air quality environmental noise through noise mapping, ensuring zones for nickel and in six air quality zones for that information on environmental noise and its effects is

benzo(a)pyrene 58 . made available to the public, and adopting action plans

The persistent breaches of air quality requirements (for with a view to preventing and reducing environmental

NO noise where necessary and to preserving the acoustic 2 ), which have severe negative effects on health and environment, are being followed up by the European environment quality where it is good.

Commission through infringement procedures covering UK authorities have fulfilled all their obligations with

all the Member States concerned, including the United regards to the Environmental Noise Directive 62 for the

Kingdom. The aim is that adequate measures are put in current reporting period. place to bring all zones into compliance. In addition, national court action is underway challenging the

adequacy of the measures currently proposed by the Water quality and management

United Kingdom to tackle this problem. The EU water policy and legislation require that the

It has been estimated that the health-related external impact of pressures on transitional, coastal and fresh costs from air pollution in the United Kingdom are above waters (including surface and ground waters) is EUR 28 billion/year (income adjusted, 2010). These direct significantly reduced to achieve, maintain or enhance economic costs relate to 6 million workdays lost each good status of water bodies, as defined by the Water year due to sickness related to air pollution, with Framework Directive; that citizens throughout the Union associated costs for employers of EUR 793 million/year benefit from high standards for safe drinking and bathing (income adjusted, 2010), for healthcare of above EUR water; and that the nutrient cycle (nitrogen and 101 million/year (income adjusted, 2010), and for phosphorus) is managed in a more sustainable and

agriculture (crop losses) of EUR 237 million/year (2010) 59 . resource-efficient way.

Suggested action SDG 6 encourages countries to ensure availability and

• Maintain downward emissions trends of air pollutants sustainable management of water and sanitation for all.

in order to achieve full compliance with air quality limit The main overall objective of EU water policy and values - and reduce adverse air pollution impacts on legislation is to ensure access to good quality water in health, environment and economy. sufficient quantity for all Europeans. The EU water

• Reduce nitrogen oxide (NO x ) emissions to comply with acquis 63 seeks to ensure good status of all water bodies currently applicable national emission ceilings 60 and/or across Europe by addressing pollution sources (from e.g. to reduce nitrogen dioxide (NO 2 ) (and ozone agriculture, urban areas and industrial activities), physical concentrations), inter alia, by reducing transport and hydrological modifications to water bodies) and the related emissions - in particular in urban areas. management of risks of flooding.

River Basin Management Plans (RBMPs) are a

Noise requirement of the Water Framework Directive and a means of achieving the protection, improvement and

The Environmental Noise Directive provides for a sustainable use of the water environment across Europe. common approach for the avoidance, prevention and This includes surface freshwaters such as lakes and rivers, reduction of harmful effects due to exposure to groundwater, estuaries and coastal waters up to one environmental noise. nautical mile.

Excessive noise is one of the main causes of health The UK has provided information to the Commission

issues 61 . To alleviate this, the EU acquis sets out several from its second generation of RBMPs. However, as the

Commission has not yet been able to validate this

58 See The EEA/Eionet Air Quality Portal and the related Central Data information for all Member States, it is not reported

Repository

59 These figures are based on the Impact Assessment for the European 62 The Noise Directive requires Member States to prepare and publish,

Commission Integrated Clean Air Package (2013) every 5 years, noise maps and noise management action plans for

60 Under the provisions of the revised National Emission Ceilings agglomerations with more than 100,000 inhabitants, and for major

Directive, Member States now may apply for emission inventory roads, railways and airports.

adjustments. Pending evaluation of any adjustment application, 63 This includes the Bathing Waters Directive (2006/7/EC); the Urban

Member States should keep emissions under close control with a Waste Water Treatment Directive (91/271/EEC) concerning view to further reductions. discharges of municipal and some industrial waste waters; the

61 WHO/JRC, 2011, Burden of disease from environmental noise, Drinking Water Directive (98/83/EC) concerning potable water

Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), quality; the Water Framework Directive (2000/60/EC) concerning World Health Organization, Regional Office for Europe , Copenhagen, water resources management; the Nitrates Directive (91/676/EEC) Denmark and the Floods Directive (2007/60/EC)

United Kingdom 17

here. Emission Reductions (FARMSCOPER), to characterise

In its first generation of RBMPs the United Kingdom diffuse agricultural pollutant emissions from reported the status of 9080 rivers, 1119 lakes, 192 representative farm types and quantify the expected transitional, 570 coastal and 656 groundwater bodies. impacts of control options on those losses to the Only 41% of natural surface water bodies achieve a good environment. The first catchment scale application of the or high ecological status 64 and 27% of heavily modified or FARMSCOPER tool suggested that technically feasible artificial water bodies achieve a good or high ecological 65 pollutant reductions on the basis of the implementation potential. Only 41% of surface water bodies (while the of more mitigation options could be of the order of 47% status of 58% is unknown), 23% of heavily modified and for phosphorus, 66% for sediment, 22% for nitrate and artificial water bodies (73% unknown) and 74% of 16% for nitrous oxide (Zhang et al 2012). The UK is groundwater bodies achieve good chemical status 66 . 79% currently reviewing the Nitrates Action Programmes

of groundwater bodies are in good quantitative status 67 . applying to England, Scotland and Wales and could use the opportunity to strengthen the measures in their

The main pressure on the UK surface waters is diffuse action programme to achieve some of the pollution

pollution 68 that affects 68% of water bodies. Flow reductions identified above. Furthermore,

regulation and morphological alterations affect 45% implementation on the ground of some measures (e.g. followed by point sources of pollution that affect 44% of poor record keeping) is a challenge. Additionally, some water bodies. River management affects negatively 30% requirements (e.g. storage capacity) have been deferred of water bodies and abstraction 14% of water bodies. until 2012 and there is either no information or some There are some regional differences, e.g. diffuse sources indication of challenges to comply with the of pollution affect 90% of water bodies in the Anglian requirements 70 .

river basin district but only 16% in the Scotland river

basin district. As regards drinking water, the United Kingdom reaches very high compliance rates of 99-100% for

The UK RBMPs have some deficiencies that result in microbiological, chemical and indicator parameters laid

uncertainties about the status and effectiveness of down in the Drinking Water Directive 71 .

Programmes of Measures. In particular there are

weaknesses in ecological status assessment and the lack As shown in Figure 10, in 2015 in the United Kingdom, of effective measures to address diffuse pollution from out of 633 bathing waters, 59.6 % were of excellent agriculture 69 . A high number of exemptions were applied. quality, 27.5 % of good quality and 7.6 % of sufficient The planned measures are expected to result in quality. 31 bathing waters were of poor quality or nonimprovement of ecological status of surface water bodies compliant while it was not possible to assess the by 9%. The measures should also bring improvement of remaining 3 bathing waters.

72 This represents a

ecological potential of artificial and heavily modified significant decrease of bathing waters with excellent water bodies by 3% and chemical status by 1%. The quality compared to 2014, which may be partly due to chemical status of groundwater is expected to improve the fact that the UK only started to use the new bathing by 6% and quantitative status by 1%. water standards for the 2015 bathing water season. The UK indicated phosphorus loading from agriculture With regard to the implementation of the Urban Waste needs to reduce by 28-43% to meet revised phosphate Water Treatment Directive, the latest reported data standards in the second cycle of river basin management indicate high compliance rates, even though some nonplans. Agriculture is responsible for 50-60% of the compliances still subsist . The UK is still in the process of

73

nitrogen in surface waters. The UK developed an Excelimplementing a Court ruling concerning London (C-

based tool, FARM Scale Optimisation of Pollutant 301/10, 18 October 2012) by building a tunnel under the Thames. The UK has also been struggling with storm

water overflows issues, which are progressively being

64 Good ecological status is defined in the Water Framework Directive addressed by innovative solutions (e.g. sustainable urban

referring to the quality of the biological community, the hydrological characteristics and the chemical characteristics.

65 Many European river basins and waters have been altered by human activities, such as land drainage, flood protection, and building of 70 UK report to the Commission on the state of implementation of the dams to create reservoirs. Nitrates Directive in the United Kingdom 2007-11

66 Good chemical status is defined in the Water Framework Directive 71 Commission's Synthesis Report on the Quality of Drinking Water in

referring to compliance with all the quality standards established for the Union examining Member States' reports for the 2011-2013 chemical substances at European level. period, foreseen under Article 13(5) of Directive 98/83/EC i;

67 For groundwater, a precautionary approach has been taken that COM(2016)666 i comprises a prohibition on direct discharges to groundwater, and a 72 European Environment Agency, 2016. European bathing water quality

requirement to monitor groundwater bodies. in 2015 , p. 26

68 Diffuse pollution comes from widespread activities with no one 73 European Commission, Eighth Report on the Implementation Status

discrete source. and the Programmes for Implementation of the Urban Waste Water

69 According to the UK authorities issues have been resolved in the Directive (COM (2016)105 final) and Commission Staff Working revised RBMPs. Document accompanying the report (SWD(2016)45 final ).

United Kingdom 18

drainage systems). The Commission is following-up on Suggested action

the above-mentioned issues. • Improve water policy in line with the intervention logic

Figure 10: Bathing water quality 2012 – 2015 74 of the Water Framework Directive in the second cycle

of the RBMPs. • Scale up nitrates prevention and reduction measures to

meet water quality objectives, enhance control measures and include eutrophication caused by phosphorus when designating nitrate vulnerable zones.

Enhancing the sustainability of cities

The EU Policy on the urban environment encourages cities to implement policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity conservation.

SDG11 aims at making cities and human settlements inclusive, safe, resilient and sustainable.

The estimated investment needs (reported by the UK Europe is a Union of cities and towns; around 75% of the under Article 17 of the Urban Waste Water Treatment EU population are living in urban areas.

77 The urban

Directive) to reach full compliance with the Directive are environment poses particular challenges for the of EUR 882 million . 75 environment and human health, whilst also providing

opportunities and efficiency gains in the use of resources. Flood risk areas have been identified and mapped in

England. Over the last decade England has regularly The Member States, European institutions, cities and experienced flooding incidents with significant economic stakeholders have prepared a new Urban Agenda for the damage costs. Approximately 1 in 6 properties in England EU (incorporating the Smart Cities initiative) to tackle are at risk of flooding from rivers or the sea. Between these issues in a comprehensive way, including their 2002 and 2013, for the 22 floods in England, 10 floods in connections with social and economic challenges. At the Northern Ireland, 6 floods in Scotland and 10 floods in heart of this Urban Agenda will be the development of Wales the total direct costs amounted to twelve partnerships on the identified urban challenges, EUR 23,000 million. The average cost of floods including air quality and housing

78 .

extrapolated in the UK was around EUR 480 million. 76 . The European Commission will launch a new EU

The management and prevention of floods is an area benchmark system in 2017

79 .

where the potentially more economical nature based The EU stimulates green cities through awards and solutions could improve resource efficiency through funding, such as the EU Green Capital Award aimed at reducing costs and delivering multiple benefits. Within cities with more than 100,000 inhabitants and the EU the English ERDF programme two priorities totalling Green Leaf initiative aimed at cities and towns, with EUR 179 million include allocations for climate change between 20,000 and 100,000 inhabitants.

adaption, risk prevention, floods and green

infrastructure; out of which EUR 70 million (priority A point of excellence that is worth noted is that Bristol axis 5) is available for better protection from floods and was the winner of the European Green Capital Award in

coastal risks. 2015. Having spent an amount of EUR 500 million for transport improvements and EUR 300 million for energy

efficiency and renewable energy, Bristol is aiming to become a European hub for low-carbon industry . 80

74 European Environment Agency, State of bathing water , 2016 77 European Environment Agency, Urban environment

75 European Commission, Eighth Report on the Implementation Status 78 http://urbanagendaforthe.eu/ and the Programmes for Implementation of the Urban Waste Water 79 The Commission is developing an Urban Benchmarking and

Directive (COM (2016)105 final) and Commission Staff Working Monitoring ('UBaM') tool to be launched in 2017. Best practices Document accompanying the report (SWD(2016)45 final ). emerge and these will be better disseminated via the app featuring

76 Study on Economic and Social Benefits of Environmental Protection the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,

and Resource Efficiency Related to the European Semester. Study for Committee of the Regions, Covenant of Mayors and others.

the European Commission, Annex 1: Country fiches. 80 European Commission, 2015. European Green Capital Award Bristol

United Kingdom 19

International agreements

The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.

Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.

International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the

Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements

(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.

The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.

The United Kingdom has signed and ratified almost all

MEAs. It has signed but not yet ratified the Helsinki

Convention on Watercourses and Lakes.

United Kingdom 20

Part II: Enabling Framework: Implementation Tools

• 4. 

  Market based instruments and investments

  potential for additional revenue from environmental

Green taxation and environmentally harmful taxes. Under a good practice scenario

84 these could

subsidies generate an additional GBP 6.44 billion (EUR 8.08 billion) in 2018, rising to GBP 14.37 billion (EUR 18.02 billion) in

The Circular Economy Action Plan encourages the use of 2030 (both in real 2015 terms). This is equivalent to an financial incentives and economic instruments, such as increase by 0.32% and 0.54% of GDP in 2018 and 2030, taxation to ensure that product prices better reflect respectively

85 .

environmental costs. The phasing out of environmentally Figure 11: Environmental tax revenues as a share of total harmful subsidies is monitored in the context of the revenues from taxes and social contributions (excluding European Semester and in national reform programmes imputed social contributions) in 2014 86

submitted by Member States.

Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.

Expressed as a proportion of GDP, in 2014 the revenue derived from environmental taxes by the United Kingdom was with 2.48% slightly above the EU28 average (2.46%), having fluctuated over the past years, but is currently similar to the share seen in 2004 (2.51%) . 81

Comparing the revenue generated by environmental taxation as a percentage share of GDP against the same measure for other Member States, the United Kingdom ranked 15th in the EU28 for 2014. In the same year environmental tax revenues accounted for 7.54% of total revenues from taxes and social-security contributions

(EU28 average: 6.35%) as shown in Figure 11.

It has to be noted that besides the yearly report of the

Office for National Statistics on environmental taxes based on European standards, in 2010, the UK government committed to increase the proportion of revenues from environmental taxes and developed to this end a separate definition to measure this which was narrower than the

definition of Eurostat 82 . The narrower UK definition

included six taxes: climate change levy, aggregates levy, landfill tax, EU emissions trading system, carbon reduction commitment energy efficiency scheme and carbon price floor. suggesting concrete changes as to the level of environmental

taxation. It merely presents the findings of the 2016 study by

A 2016 study 83 suggests that there is considerable Eunomia et al on the potential benefits various environmental taxes

could bring. It is then for the national authorities to assess this study and their concrete impacts in the national context. A first step in this

81 Eurostat, Environmental tax revenues , accessed June 2016 respect, already done by a number of Member States, is to set up

82 The narrower UK definition included six taxes: climate change levy, expert groups to assess these and make specific proposals. aggregates levy, landfill tax, EU emissions trading system, carbon

reduction commitment energy efficiency scheme and carbon price 84 The good practice scenario means benchmarking to a successful

floor. UK government's definition of environmental taxes taxation practice in another Member State.

83 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 85 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,

2016. Study on Assessing the Environmental Fiscal Reform Potential 2016. Study on Assessing the Environmental Fiscal Reform Potential for the EU28. N.B. National governments are responsible for setting for the EU28

tax rates within the EU Single Market rules and this report is not 86 Eurostat, Environmental tax revenues , accessed October 2016

United Kingdom 21

equals to approximately 14% of GDP 87 . A substantial part

of this money is spent on sectors with high environmental impact such as construction or transport, so GPP can help to significantly lower the impact of public spending and foster sustainable innovative businesses. The Commission has proposed EU GPP

criteria 88 .

The UK is one of the frontrunners on GPP. In the UK 89 ,

the Greening Government Commitments set out the overall policy for central Government on Greening operations including procurement for central Government and related agencies. In addition, a Local Government Sustainable Procurement Strategy and strategies for the Scottish Government, the Welsh Government and the government for Northern Ireland exist.

The Greening Government Commitments apply to all Government Departments and their related agencies. It is a political and administrative commitment, but not a legal requirement. Where centralised contracts are developed, it is mandatory for Departments to use them.

Currently, criteria are set for 12 major products groups: construction, building products, cleaning products, electrical goods, food and catering, furniture, horticulture, office ICT, paper, textiles, transport, and water using products. In total, they cover around 60 products, and include criteria sets at 2 levels -

The largest additional source of revenue comes from the `mandatory minimum’ and `voluntary best practice’. The suggested harmonisation of taxes on transport fuels, GPP targets are embedded in in departmental and generating GBP 8.96 billion in 2030 (EUR 11.24 billion) of centralised procurement contracts through Government revenue generated in 2030 (real 2015 terms), equivalent Buying Standards.

to 0.34% of GDP. The next largest contribution to

revenue comes from the proposed water abstraction tax. According to a 2010 study, the share of UK authorities

This accounts for GBP 1.17 billion (EUR 1.46 billion) in that included GPP requirements in between 50% and

2030 (real 2015 terms), equivalent to 0.04% of GDP. 100% of their contracts was estimated between 40 and 50%, one of the highest values overall .

90

The UK still applies reduced VAT rates for domestic fuel and power as well as preferential excise duties for other fossil such as kerosene, what stimulates the use of fossil

fuels. Investments: the contribution of EU funds

European Structural and Investment Funds Regulations provide that Member States promote environment and

Green Public Procurement climate objectives in their funding strategies and

programmes for economic, social and territorial

The EU green public procurement policies encourage cohesion, rural development and maritime policy, and

Member States to take further steps to reach the target reinforce the capacity of implementing bodies to deliver of applying green procurement criteria to at least 50% of cost-effective and sustainable investments in these areas.

public tenders.

87

Green Public Procurement (GPP) is a process whereby European Commission, 2015. Public procurement 88

public authorities seek to procure goods, services and In the Communication “Public procurement for a better environment” (COM /2008/400) the Commission recommended the creation of a

works with a reduced environmental impact throughout process for setting common GPP criteria. The basic concept of GPP their life-cycle when compared to goods, services and relies on having clear, verifiable, justifiable and ambitious

works with the same primary function that would environmental criteria for products and services, based on a life-cycle

otherwise be procured. approach and scientific evidence base. 89 European Commission, 2015. Documentation on National GPP Action

The purchasing power of public procurement in the EU Plans 90 Adelphi et al., 2011. Strategic Use of Public Procurement in Europe

United Kingdom 22

Making good use of the European Structural and

Investment Funds (ESIF) 91 is essential to achieve the

environmental goals and integrate these into other policy areas. Other instruments such as the Horizon 2020, the

LIFE programme and European Fund for Strategic

Investment 92 (EFSI) may also support implementation

and spread off best practice.

United Kingdom benefits, through 17 national and regional programmes, from ESIF funding of

EUR 16.4 billion over the period 2014-2020 93 .

EUR 5825.6 million (35.5%) is coming from the European

Fund for Regional Development (ERDF),

EUR 5199.7 million (31.7%) from the European

Agricultural Fund for Rural Development (EAFRD),

EUR 213.1 million (1.5%) from the European Maritime and Fisheries Fund (EMFF), EUR 4942.6 million (30.1%) from the European Social Fund and EUR 206.1 million

(1.3%) is used for the Youth Employment Initiative (YEI).

In total, EUR 2191.2 million a dedicated to the Thematic

objective Environment Protection and Resource efficiency The total Rural Development (EAFRD) budget for the UK

(TO6), EUR 1884.4 million through the different EAFRD is EUR 2.689 million/year, with 73,1 % of budget programmes, EUR 164.7 million through the ERDF allocated to Priority 4 (the main environmental priority). programmes and EUR 142.1 million through the EMFF The RDPs for England, Northern Ireland and Scotland programme. In addition, EUR 1604.2 million is foreseen have commendably high allocations to environmental for TO4 Low Carbon Economy and EUR 1949.8 million for and climate change measures (79-82%), but for Wales TO5 Climate Change Adoption and Risk Prevention ( see the focus on environment is lower (60%) and there was a figure 12). substantial reduction in effort on agri-environmentclimate

measures (19% to 24%). To improve this

With regard to the integration of environmental concerns situation, Wales would need to focus its AECM on higher into the Common Agricultural Policy (CAP), the two key tier measures, and incorporate the basic measures in the areas for the United Kingdom (as for all Member States) compulsory baseline. Overall there is a good focus on are, first, using Rural Development funds to pay for biodiversity, and the water measures are well targeted to environmental land management and other achieve improvements in achieving WFD goals.

environmental measures, while avoiding financing

measures which could damage the environment; and With regard to the 1

st pillar of the CAP, the UK national

secondly, ensuring an effective implementation of the direct payment envelope is about EUR 3150 billion per first pillar of the CAP with regard to cross compliance and year, of which the 30 % allocated for greening is about 1st pillar 'greening'. EUR 950 billion/year.) 50-60% of farms and farm area are

covered by the greening. Over 60% of the EFA is fallow

Figure 12: European Structural and Investment Funds land, landscape features (hedges) and buffer strips; the

2014-2020: Budget United Kingdom by theme, EUR rest is largely nitrogen fixing crops.

billion 94

It is too early to draw meaningful conclusions as regards the use and results of ESIF funds for the period 2014- 2020, as the relevant programmes are still in an early stage of their implementation.

Current data suggest that the EU funds for the 2007-2013

period were almost sully spent 95 .

91 ESIF comprises five funds – the European Regional Development The UK provides with its National infrastructure pipeline

96

Funds (ERDF), the Cohesion Fund (CF), the European Social Fund an overall picture of planned investment in

(ESF), the European Agricultural Fund for Rural Development infrastructure, across both public and private sectors, to

(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 2020 and beyond. The pipeline includes large capital

ERDF, the CF and the ESF together form the Cohesion Policy funds.

92 EIB: European Fund for Strategic Investments

93 European Commission : European Structural and Investment Funds

Country Data for UK 95 Final data of the 2007-2013 period will only be available at the end

94 European Commission, European Structural and Investment Funds 2017.

Data By Country 96 UK National Infrastructure Pipeline

United Kingdom 23

projects and programmes of investment worth GBP50 million or more across communications, energy, flood defences, science & research, transport, waste and water.

The UK announced that it will contribute EUR 8.5 billion to projects benefiting from the European Funds for

Strategic Investments (EFSI) 97 . The 16 approved projects

amount to over EUR 2.8 billion in European Investment

Bank (EIB) financing under the European Fund for

Strategic Investments (EFSI). This is expected to trigger nearly EUR 16.8 billion in investments 98 . Several of these projects will have favourable environmental impacts, like the projects Smart Meters, and the two energy efficiency funds and one renewable energy equity fund.

An Integrated LIFE Project (EUR 20 million) 99 will contribute to the implementation of River Basin

Management Plans in the North West River Basin District in England and Wales.

97 European Commission, 2015. Investment Plan for Europe : European

Fund for Strategic Investments

98 European Commission, 2016. Investment Plan - State of play

99 LIFE Programme – integrated LIFE projects (Feb 2016)

United Kingdom 24

• 5. 

  Effective governance and knowledge

SDG 16 aims at providing access to justice and building and training to carry out their own tasks and co-operate effective, accountable and inclusive institutions at all and co-ordinate effectively with each other, within a levels. SDG 17 aims at better implementation, improving system of multi-level governance. policy coordination and policy coherence, stimulating

science, technology and innovation, establishing The transposition of the revised EIA Directive

101 will be an

partnerships and developing measurements of progress. opportunity to streamline the regulatory framework on environmental assessments. The Commission encourages

Effective governance of EU environmental legislation and the streamlining of the environmental assessments policies requires having an appropriate institutional because this approach reduces duplication and avoids framework, policy coherence and coordination, applying unnecessary overlaps in environmental assessments legal and non-legal instruments, engaging with nonapplicable for a particular project. Moreover, governmental stakeholders, and having adequate levels streamlining helps reducing unnecessary administrative

of knowledge and skills 100 . Successful implementation burden and accelerates decision-making, without

depends, to a large extent, on central, regional and local compromising the quality of the environmental government fulfilling key legislative and administrative assessment procedure. The Commission has issued a tasks, notably adoption of sound implementing guidance document in 2016 regarding the setting up of legislation, co-ordinated action to meet environmental coordinated and/or joint procedures that are objectives and correct decision-making on matters such simultaneously subject to assessments under the EIA as industrial permits. Beyond fulfilment of these tasks, Directive, Habitats Directive, Water Framework Directive,

government must intervene to ensure day-to-day and the Industrial Emissions Directive 102 . The

compliance by economic operators, utilities and implementation of this new Directive is also an individuals ("compliance assurance"). Civil society also opportunity that the UK authorities should use to ensure has a role to play, including through legal action. To that previous practices of granting development consent underpin the roles of all actors, it is crucial to collect and and allowing construction to go ahead before all share knowledge and evidence on the state of the environmental permitting processes are completed are environment and on environmental pressures, drivers not repeated in future. and impacts.

Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within

Member States and between Member States and the

Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The Make it Work initiative, a

Member State driven project, established in 2014, organizes a discussion on how the clarity, coherence and structure of EU environmental legislation can be improved without lowering existing protection standards.

Effective governance within central, regional With regard to so-called Strategic Environmental

and local government Assessment (SEA) Directive

103 , the UK has generally transposed this Directive well. However, the Commission Those involved in implementing environment legislation has received a number of complaints that the Directive is at Union, national, regional and local levels need to be not fully applied to certain large transport infrastructure equipped with the knowledge, tools and capacity to projects. This is a matter that the UK authorities should improve the delivery of benefits from that legislation, try to clarify for future decisions on developments such and the governance of the enforcement process. as high speed rail expansion. The SEA Directive provides a

Capacity to implement rules key opportunity for the environmental impacts of alternatives to a proposed project to be fully assessed

It is crucial that central, regional and local

administrations have the necessary capacities and skills 101 The transposition of Directive 2014/52 i/EU is due in May 2017.

102 European Commission, 2016. Guidance document on streamlining environmental assessments conducted under Article 2(3) of the

100 The Commission has work ongoing to improve the country-specific Environmental Impact Assessment Directive. knowledge about quality and functioning of the administrative 103 European Commission, Strategic Environmental Assessment

United Kingdom 25

and for the public to comment. Public authorities help ensure accountability of duty

In general the UK has a good record for communicating holders by monitoring and promoting compliance and by new implementing legislation on time. However, a UK taking credible follow-up action (i.e. enforcement) when trend, in particular in England, of transposing by breaches occur or liabilities arise. Compliance monitoring reference is likely to lead to increased numbers of noncan be done both on the initiative of authorities conformity cases in the future. Whilst there is no themselves and in response to citizen complaints. It can inherent objection to the practice of such transposition involve using various kinds of checks, including techniques, if the process is used in excess it leaves the inspections for permitted activities, surveillance for national legislation failing to explain the full scope of the possible illegal activities, investigations for crimes and obligations and how they should be applied by national audits for systemic weaknesses. Similarly, there is a range

decision makers, operators and members of the public. of means to promote compliance, including awarenessraising campaigns and use of guidance documents and

There are currently 11 infringements in the following online information tools. Follow-up to breaches and areas: liabilities can include administrative action (e.g.

− Directive 91/271/EEC i on Urban Waste Water withdrawal of a permit), use of criminal law

104 and action

Treatment (2 cases). under liability law (e.g. required remediation after

− Directive 2001/80/EC i on the limitation of emissions damage from an accident using liability rules) and

of certain pollutants into the air from large contractual law (e.g. measures to require compliance

combustion plants. with nature conservation contracts). Taken together, all

− Directive 2008/50/EC i on ambient air quality and of these interventions represent "compliance assurance"

cleaner air for Europe. as shown in Figure 13.

− Directive 85/337/EEC i on the assessment of the Figure 13: Environmental compliance assurance

effects of certain public and private projects on the environment (case also concerns Natura 2000 and IPPC breaches).

− Directive 92/43/EEC i on the conservation of natural habitats and of wild fauna and flora (3 cases).

− Directive 2003/35/EEC i providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC i and 96/61/EC.

− Directive 2000/60 i/EU establishing a framework for

Community action in the field of water policy (nonconformity).

− Directive 2006/21 i EC on the management of waste Best practice has moved towards a risk-based approach from extractive industries (non-conformity). at strategic and operational levels in which the best mix

of compliance monitoring, promotion and enforcement is

In some of the environmental cases where individuals or directed at the most serious problems. Best practice also

NGOs have gained access before the national courts over

the past years, the UK judges referred several requests recognises the need for coordination and cooperation between different authorities to ensure consistency,

for preliminary rulings to the Court of Justice of the EU. avoid duplication of work and reduce administrative

This represented a valuable contribution to the

development of EU environment law, since preliminary burden. Active participation in established pan-European networks of inspectors, police, prosecutors and judges,

rulings enable the Court of Justice to give a coherent such as IMPEL 105 , EUFJE 106 , ENPE 107 and EnviCrimeNet 108 , interpretation of the EU law. is a valuable tool for sharing experience and good

practices.

Compliance assurance Currently, there exist a number of sectoral obligations on

EU law generally and specific provisions on inspections,

other checks, penalties and environmental liability help 104 European Union, Environmental Crime Directive 2008/99/EC 105

lay the basis for the systems Member States need to European Union Network for the Implementation and Enforcement of Environmental Law

have in place to secure compliance with EU 106 European Union Forum of judges for the environment

environmental rules. 107 The European Network of Prosecutors for the Environment

108 EnviCrimeNet

United Kingdom 26

inspections and the EU directive on environmental compliance to enable proper selection of regulatory liability (ELD) 109 provides a means of ensuring that the interventions to tackle different types of non "polluter-pays principle" is applied when there are compliant behaviour; accidents and incidents that harm the environment. − Use of audit to evaluate performance strategically 114 ;

There is also publically available information giving − The UK Sentencing Council has developed guidance insights into existing strengths and weaknesses in each on the penalties for environmental crimes to make Member State. the enforcement system more effective and

For each Member State, the following were therefore proportionate

115 .

reviewed: use of risk-based compliance assurance;

coordination and co-operation between authorities and Up-to-date information is nevertheless lacking in relation participation in pan-European networks; and key aspects to the following:

of implementation of the ELD based on the Commission's − data collection arrangements to track the use and recently published implementation report and REFIT effectiveness of different compliance assurance evaluation 110 . interventions.

In the United Kingdom, risk-based methods and a related − the extent to which risk-based methods are used to broad mix of compliance assurance interventions are direct compliance assurance in specific problemevident

at strategic and operational levels: areas highlighted elsewhere in this Country Report, in particular the unfavourable conservation status of

− The UK has established good compliance promotion many habitat types and species, air quality breaches practices. These include structured dialogues with and the pressures on water quality from diffuse the regulated community and systematic use of the water pollution.

Internet-based NetRegs compliance assistance tool

created in partnership between the Northern Ireland As a founding member, UK is one of the main driving Environmental Agency (NIEA) and the SEPA in forces of the IMPEL network, taking leadership for many Scotland to provide free environmental guidance to individual projects and contributing to the internal

small and medium-sized businesses 111 . Similar webnetwork governance. It is actively involved also in the

based tools are provided also by the Environment work of other networks, such as ENPE, EUFJE and NEPA.

Agency in England 112 ; Environmental networks have also been established at

− Risk based assessments to classify sectors, target national level to ensure better cooperation and

inspection work and inform inspection frequencies coordination: for instance, a Partnership for Action

are widely used. The Environment Agency of against Wildlife Crime (PAW) was established to bring

England, for instance, has developed the Operational together representatives of all organisations involved in

Risk Appraisal (Opra) scheme to enable a common wildlife law enforcement and to set joint priorities 116 and approach to regulation and to target those industries a waste crime task force has been established by the that pose the greatest risk to the environment 113 ; Environmental Agency. − Tools, such as the Scottish Environmental Protection

Agency (SEPA) Compliance Spectrum Model, have Together with The Netherlands, Germany and other

been developed for analysis of causes of non Member States, the United Kingdom prepared in the framework of the 'Make it Work' project principles for

drafting provisions on compliance assurance in EU

109 European Union, Environmental Liability Directive 2004/35/CE Environmental law 117 .

110 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This

highlighted the need for better evidence on how the directive is used The United Kingdom is among the only nine Member

in practice; for tools to support its implementation, such as guidance, States which have issued national guidelines on the

training and ELD registers; and for financial security to be available in case events or incidents generate remediation costs.

111 NetRegs, Environmental Guidance For Your Business in Northern 114 See for instance the report of the National Audit Office of UK in

Ireland and Scotland relation to diffuse agricultural pollution.

112 Detailed information on the Environment Agency is available here : 115 The recently revised sentencing guidelines have led to the English

https://www.gov.uk/government/organisations/environment Environment Agency securing a number of 6 and 7 figure fines in agency/services-information quick succession. In January 2016, a privatised water company was

113 Opra currently covers installations subject to the Environmental fined GBP 1 million (approximately EUR 1.4 million) for water

Permitting Regulations (large industrial and waste management pollution offences. facilities). It is a software-supported tool designed to score operators 116 PAW includes statutory wildlife bodies, such as the conservation on the basis of environmental hazard of a regulated facility (its agencies, with the police and customs. It also includes noncomplexity in terms of multimedia impacts, location with respect to governmental bodies, which are important partners. The PAW urban and environmentally sensitive areas, volume of pollution steering group sets the overall objectives for tackling wildlife crime, releases) and its operator’s performance (compliance record and setting priorities. A Task and Co-ordination Group oversees that environmental management practices). Opra also helps to calculate action is taken to meet the priorities. administrative charges for such facilities. Source: Environment 117 Make it Work Principles on Drafting Provisions on Compliance Agency Assurance

United Kingdom 27

interpretation of the transposing legislation. It also across the UK 118 . The UK’s jurisdictions introduced costs

operates a public register of cases falling under the protection rules for environmental challenges in 2013

Environmental Liability Directive, containing useful and are in the process of reviewing those rules 119 .

information about the application of the Directive in the

UK. Although it has a reasonable number of cases Suggested action

regarding the EU directive on environmental liability (20 • Ensure that the costs of legal challenges involving EU in the period between 2007 and 2013), this number could environmental law are not prohibitively expensive, and be higher if the threshold interpreted by the UK in line with the requirements of EU law as well as the authorities for the 'significance of a damage' was not that Aarhus Convention.

high, given the many instances of damage to natural resources treated under national legislation (for example

around 400 for damage to water on annual average). Access to Information, knowledge and

Suggested action evidence

• Improve transparency on the organisation and The Aarhus Convention and related EU legislation on functioning of compliance assurance and on how access to information and the sharing of spatial data significant risks are addressed. require that the public has access to clear information on • Take further steps to ensure an effective system of the environment, including on how Union environmental

financial security for environmental liabilities (so that law is being implemented.

operators not only have insurance cover available to It is of crucial importance to public authorities, the public them but actually take it up). and business that environmental information is shared in an efficient and effective way. This covers reporting by

Public participation and access to justice businesses and public authorities and active dissemination to the public, increasingly through

The Aarhus Convention, related EU legislation on public electronic means.

participation and environmental impact assessment, and

the case-law of the Court of Justice require that citizens The Aarhus Convention

120 , the Access to Environmental

and their associations should be able to participate in Information Directive

121 and the INSPIRE Directive 122

decision-making on projects and plans and should enjoy together create a legal foundation for the sharing of

effective environmental access to justice. environmental information between public authorities and with the public. They also represent the green part of

Citizens can more effectively protect the environment if the ongoing EU e-Government Action Plan 123 . The first they can rely on the three "pillars" of the Convention on two instruments create obligations to provide Access to Information, Public Participation in Decisioninformation to the public, both on request and actively. making and Access to Justice in Environmental Matters The INSPIRE Directive is a pioneering instrument for ("the Aarhus Convention"). Public participation in the electronic data-sharing between public authorities who administrative decision making process is an important can vary in their data-sharing policies, e.g. on whether element to ensure that the authority takes its decision on access to data is for free. The INSPIRE Directive sets up a the best possible basis. The Commission intends to geoportal which indicates the level of shared spatial data examine compliance with mandatory public participation in each Member State – i.e. data related to specific requirements more systematically at a later stage. locations, such as air quality monitoring data. Amongst

Access to justice in environmental matters is a set of other benefits it facilitates the public authorities' guarantees that allows citizens and their associations to reporting obligations.

challenge acts or omissions of the public administration For each Member State, the accessibility of before a court. It is a tool for decentralised environmental data (based on what the INSPIRE Directive implementation of EU environmental law. envisages) as well as data-sharing policies ('open data')

For each Member State, two crucial elements for

effective access to justice have been systematically 118 European Commission, 2012/2013 access to justice in environmental

reviewed: the legal standing for the public, including matters in the UK 119

NGOs and the extent to which prohibitive costs represent UNECE, 1998. Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in

a barrier. Environmental Matters

120

The UK has a legal system which allows for the pubic, 121 European Union, Directive 2003/4/EC on public access to

including environmental NGOs, to take environmental environmental information

cases to the courts. However, the high costs for litigation 122 European Union, INSPIRE Directive 2007/2/EC 123

before the UK courts, remains one of the biggest European Union, EU eGovernment Action Plan 2016-2020 - Accelerating the digital transformation of government COM(2016)

deterrent in securing access to environmental justice 179 final

United Kingdom 28

have been systematically reviewed.

United Kingdom's performance on the implementation of the INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is good, but leaves room for improvement. United Kingdom has indicated in the 3-yearly INSPIRE implementation

report 124 that the necessary data-sharing policies

allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are available and implemented. The UK simplified its licensing arrangements and the Open Government

Licence, promoted for use by public bodies, is now widely used.

Assessments of monitoring reports 125 issued by United

Kingdom and the spatial information that United

Kingdom has published on the INSPIRE geoportal 126

indicate that not all spatial information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. The larger part of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU environmental law.

Suggested action

• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.

124 European Commission, INSPIRE reports

125 Inspire indicator trends

126 Inspire Resources Summary Report

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