The UK has published its legal position on the Withdrawal Agreement. The level playing field intended to secure a fair and open competition in the future single customs union is applicable to the whole UK territory. Regarding the environmental level playing field, the assessment confirms there is a non-regression clause with further UK’s commitments to be established by the Joint Committee. The UK should also pay regard to the effective implementation of multilateral environmental agreements and establish a carbon pricing system that is at least equivalent to the EU’s ETS. If the arbitration mechanism is not applicable to disputes related to these provisions, it can be used if the UK’s domestic monitorisation and enforcement are defective.
Legal position on the Withdrawal Agreement (December 2018)
Stefan Scheuer