Consultation on the Environment Agency’s Enforcement and sanctions policy

Overview

The Environment Agency is responsible for enforcing laws that protect the environment. We aim to use our enforcement powers efficiently and effectively to secure compliance.

Our current enforcement and sanctions policy explains the regulatory and penalty principles we uphold, the enforcement and sanction options available to us, how we make enforcement decision and the enforcement framework for the climate change scheme and the control of mercury regime.

This consultation sets out proposed updates to include the UK Emissions Trading Scheme and the Carbon Offsetting and Reduction Scheme for International Aviation.

What we are consulting on

The UK Emissions Trading Scheme (UK ETS) was established with effect from 1 January 2021, at the point when the UK ceased to participate in the EU Emissions Trading System (EU ETS). 

The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) came into effect on 1 January 2019 and was transposed into UK law by the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021.

We need to take account of these schemes and make minor consequential changes to the main part of our enforcement and sanctions policy to make reference to the schemes. We also need to update annex 2 to our enforcement and sanctions policy which sets out the Environment Agency’s approach to applying climate change civil penalties. We have updated the introductory text, to include the UK ETS and CORSIA.

We want your views on the proposed:

• revisions to section A to take account of the UK ETS and CORSIA
• new section G for UK ETS
• new section H for CORSIA

Sections G and H are new, so we are consulting on all aspects of these sections. 

About this consultation

Information about this consultation is set out in our consultation document. Section 2 gives a summary of the proposed changes, and the revised and new text are in appendices 1 to 4.

In the ‘related’ section at the end of this page you will find links to:

• the consultation
• current enforcement and sanctions policy
• annex 2 of the enforcement and sanctions policy which relates to climate change schemes

Why your views matter

We would like you to share your views so we can understand the impacts and benefits, as you consider them, of the proposals outlined in this consultation. We would also like to hear any suggestions on how you think we could improve these proposals.

Responding to this consultation

This consultation runs from 21st May 2024 until 16th July 2024. We will review the consultation responses we receive and they will inform the final update to annex 2. We will publish a summary of the comments received.

Please submit your response using this online consultation tool, as it provides an easy and efficient way to respond. It will also help us to: 

•    gather all responses in one place
•    summarise responses quickly and accurately
•    reduce the cost of the consultation 

If you do not wish to respond using the online tool, you can download the response form (see link at the bottom of this page) and email the completed form to GHGTeam@environment-agency.gov.uk

Ask for a copy of this consultation

Please contact us if you would like a copy of the consultation document. You can do this by contacting our:

National Customer Contact Centre

Telephone: 03708 506 506

Monday to Friday, 8am to 6pm

Respond by post

If you would like to send your response by post, please send your completed response form by close date to:

ESP consultation
Industrial Decarbonisation and Market Mechanisms Team
Environment Agency
Kings Meadow House
Kings Meadow Road
Reading
RG1 8DQ

We will publish a summary of the comments received. Our response to the consultation and the updated enforcement and sanctions policy will be published on GOV.UK.

Consultation principles

We are running this consultation in accordance with the guidance set out in the government’s consultation principles.

If you have any questions or complaints about the way this consultation has been carried out, please contact consultation.enquiries@environment-agency.gov.uk

Please click on the ‘give us your views’ link below to answer the consultation questions.

What happens next

We will review the consultation responses we receive and they will inform the final update to annex 2 of our enforcement and sanctions policy. We publish a summary of the comments received. We will publish our response to the consultation and the updated enforcement and sanctions policy on GOV.UK.