May's WA committed the UK to follow specific regulations to maintain standards & level playing field,
whereas BJ's WA just has fine words that require nothing specifc
Faisal Islam@faisalislam
On the changes to Level Playing Field commitments
- in original May deal legally-binding & required adherence to specific international or EU standards, in 30pg Annex 4, part of backstop
Now deleted from WA. Short refs in PD
- Tax
- Environment
- Labour
- State Aid
- Competition
Tax:
Old Withdrawal Agreement..
- adherence to OECD standards Base Erosion & Profit Shifting standards
- adoption of 3 EU tax avoidance directives
- commitment to G20-OECD profit shifting plan
Now - PD - “commit to the principles of good governance/curbing harmful tax practices”
Environment
In old WA
- non regression on EU enviro standards, Info access, air quality targets, climate change etc...
- respect precautionary principle/ UK carbon pricing
- Independent monitor
PD: should “maintain enviro standards” at current high levels incl implementing Paris
Labour/ Social:
In old WA:
- non regression on EU Labour standards re: fundamental rights/ health and safety/ conditions/ consultation
- implement already ratified ILO & CoE social charter standards
In PD
- “should maintain social & employment standards at current high levels”
State Aid:
In old WA:
- Application of 5 Articles of EU treaty, enforced by independent UK body
- information exchange... UK courts to decide
In PD: “Parties should uphold the common high standards applicable in the Union and UK ...in the areas of state aid”
Competition:
In old WA
- prohibitions on fixing prices, production controls etc in ref to EU law. UK “should adopt or maintain competition law” addressing these issues
- neutral OECD guidelines on state owned enterpises
In PD: “maintain a robust and comprehensive framework”
These pages below from Governments initial account of the legal advice on last year’s WA, shows detail of international standards the agreement would compel the UK to adhere to, after a Brexit, as part of backstop...
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/761153/EUUExit--LegalpositionnontheeWithdrawal_Agreement.pdf
Backstop wasn’t just about N. Ireland,
it effectively provided a limit on the immediate regulatory distance between UK & EU if there was no negotiated trade deal.
It was a detailed legally defined floor.
That has now gone, indeed that was much of the point of renegotiating deal
To be clear, something like these commitments are still an option, & required for tariff free trade deal (negotiated with a veto from every EU27 state)...
if that free trade negotiation fails, & no extensions, there is now a path to WTO terms next year, rather than this floor...