Draft EU environmental laws threaten councils

Councillors have voiced concern over the potential of councils becoming bankrupt if European Union environmental targets are not met.

The Localism Act, which commenced earlier this year, enables the UK government to more easily pass on any fines it receives to local councils. The worry is that councils now run the risk of having to pay off multi-million pound fines implemented to member states that do not meet EU targets.

The warning follows the publication of the draft EU 7th Environmental Action Programme (EAP), which includes policies for the whole of Europe covering landfill tax, high street air pollution, seaside bathing water cleanliness and flood defence management, amongst others.

If passed into law, councils will have to comply with the legislation until it is reviewed again in 2020.

Although the Local Government Association (LGA) will support councils to help them meet EU targets, the new circumstances now leave very little room for error, says London Borough of Haringey Councillor and member of the LGA, Nilgun Canver.

"We all want to make our communities cleaner, greener and more healthy places to live and work and there's a great appetite among councils to meet the EU's environmental ideals. This is a role which will become even more central to our councils when they take over responsibility for public health next year.

"However, what sounds good on paper in Brussels must be workable on the ground in our communities and it's crucial the voice of councils is heard. It is in everyone's interest that EU rules and deadlines – agreed between MEPs and national ministers – are realistic and achievable, with an absolute understanding of how these will be implemented locally.

"The risk of millions of pounds of EU fines being imposed on the UK for not achieving European commitments has always been there, but the potential for the government to now pass fines on to councils is new. Government needs to take a forensic look at the impact these new proposals have on councils, and whether or not these are workable.”

Before the new EU legislation is adopted, the Committee of the Regions (CoR), a body representing councils from across the EU’s 27 member states, will advise the EU to make sure that the regulations are realistic and do not over burden regional and local authorities.

In Canver’s official Rapporteur’s ‘Opinion’, the CoR’s consultation response on the execution of the environment law, Canver highlighted councillors’ fears surrounding the legislation.

She pointed out that councils are already under pressure from major funding cuts and urged EU legislators to listen to councils and not introduce environmental laws that could potentially cost them millions of pounds in fines.

"Councils are currently having to manage severe funding cuts and many are struggling to find the money for frontline services such as caring for the elderly, protecting children, collecting bins and filling potholes. Having to pay millions of pounds in fines because of unworkable environmental targets could throw already stretched budgets into disarray.

"The EU must be particularly wary about ambitions which rely on investment in new technology and equipment. Councils may well want to make such investments, but currently many simply don't have the money in this tough economic climate."

She added: "It's also vital we get right the implementation and enforcement of environment law, seeing it as a shared task with European, national and local authorities.

“We must act together, in partnership, to tackle environmental issues such as air pollution which knows no borders. It's crucial that when local councils, regional organisations and national governments work together, along with the EU, they support each other and share best practice regarding environmental goals.

Environmental aims set out in the draft 7th EAP include: