The UK is struggling to cope with the next level of climate
change legislation, Birmingham law firm DLA Piper has warned.
It follows a survey in which the law firm teamed up with United
Utilities, Business in the Community and The Prince's May Day
Network to discover how prepared UK businesses really are when it
comes to implementing climate change strategies.
In particular, the survey focused on the awareness of impending
Carbon Reduction Commitment (CRC) regulations due to be implemented
in April 2010.
Neil Bowker, litigation partner at the Birmingham office of DLA
Piper, said: "The results were surprising and indicated that UK plc
is ill-prepared."
Of the 1,695 respondents, over 266 decision makers - senior
managers, directors and board members - indicated that awareness of
CRC is poor, with one in three reporting that their organisation
needs urgent advice and support on the new mandatory emissions
trading scheme.
Organisations affected will need to purchase sufficient credits
to cover their energy use and trade back unused ones.
Penalties will apply to companies who do not comply with the
scheme.
Mr Bowker said: "Firms need to formulate a strategy for coping
with the new rules.
"This might include buying sufficient allowances in the carbon
market to cover forecasted energy consumption; making energy
efficiencies to avoid being caught by the CRC; restructuring energy
supply; or implementing a climate change agreement.
"Landlord and tenant relationships are one area where CRC
compliance will need to be given careful attention. Most
obligations will rest with a landlord unless the tenant is the
purchaser of the energy. For companies which have more than one
leasehold site, it will be necessary to assess each property on a
case by case basis to understand the obligations and ensure
compliance.
"Another problem for some is the aggregation of energy
consumption across organisations. Obligations for reporting under
CRC rest with the top company in a group structure.
"Many organisations are also concerned about the reputational
impact of the Environment Agency Performance Table and its role in
recycling CRC revenues. It is likely that each organisation subject
to the scheme will be benchmarked in some way. For companies that
have already invested in sustainability initiatives, reductions in
future energy consumption will be harder to achieve."
Mr Bowker said clients needed to "carbon proof" their
organisation.
That meant a carbon reduction commitment and carbon trading;
adapting business plans and processes to climate change;
legislative and policy monitoring to help stay one step ahead;
reviews of processes and training mechanisms; and energy
audits.