Legal position on the Withdrawal Agreement

Document title: Legal position on the Withdrawal Agreement

Summary: Sets out the legal consequences of the draft withdrawal agreement, notes both the UK and the EU are entitled to take unilateral safeguard measures if its application leads to 'serious' economic, social or environmental difficulties through a procedure involving a joint committee. Says both parties would agree not to lower environmental protection below EU common standards as they exist at the end of the transition period and uphold environmental principles. Adds that disputes over these obligations are not subject to the arbitration mechanism set out in the withdrawal agreement, but can be resolved through the joint committee alone. Notes the UK would be obliged to ensure effective domestic enforcement of environmental standards through an independent monitoring body, with the EU able to use the arbitration mechanism if it considers that the UK has not met this obligation.