University of Sussex
Browse
Non-regression clauses.pdf (127.38 kB)

Environmental standards and regulation

Download (127.38 kB)
chapter
posted on 2023-06-09, 16:44 authored by Emily LydgateEmily Lydgate
Both the United Kingdom (UK) and the European Union (EU) have called for non-regression of environmental standards and regulation in their future relationship. As environmental regulation imposes costs, there is an incentive for governments to give their industries a competitive advantage through deregulation. The EU has tried to prevent this problem in existing trade agreements by including a requirement for non-regression of environmental standards. The draft Withdrawal Agreement of November 2018 also includes requirements for non-regression of environmental standards that would apply, as part of the so-called backstop, if a future relationship agreement were not concluded by the end of the transition period. Even if (and when) the backstop is superseded by the future relationship, the UK and the EU have indicated that this relationship will build on these commitments. In this note I first describe why this ‘environmental backstop’ is an innovative hybrid between the full alignment with environmental legislation required in EU Association Agreements and the European Economic Area (EEA) Agreement, and the arm’s length non-regression requirements that the EU has negotiated in its trade agreements with countries such as Canada and South Korea. It also has some unique features. Notably, successful implementation would require substantial reform in UK environmental monitoring and enforcement. I thus examine how it might function in practice, focusing on challenges with enforcement. Finally, I analyse its applicability to different models for the future relationship. The Withdrawal Agreement links environmental non-regression to a specific UK-EU customs union. However, if the UK and EU go beyond this, pursuing deep regulatory alignment, it will also prove a source of fundamental disagreement. The UK’s current position is to push for non-regression to stand in for regulatory alignment, whilst the EU will likely reject such an approach.

Funding

Sustainable Trade post-Brexit; SSRP

History

Publication status

  • Published

File Version

  • Accepted version

Publisher

European Policy Centre

Page range

33-46

Pages

143.0

Book title

Ensuring a post-Brexit level playing field

Place of publication

Brussels

Department affiliated with

  • Law Publications

Research groups affiliated with

  • UK Trade Policy Observatory Publications

Institution

University of Sussex

Full text available

  • Yes

Peer reviewed?

  • No

Legacy Posted Date

2019-02-05

First Open Access (FOA) Date

2019-02-05

First Compliant Deposit (FCD) Date

2019-02-05

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC