European Union Committee
Brexit: the Withdrawal Agreement and Political Declaration

24th Report of Session 2017-19 - published 5 December 2018 - HL Paper 245

Contents

Summary

Chapter 1: Introduction

Overview

Timeline

This report

Chapter 2: The Withdrawal Agreement

Governance and scope

Territorial scope

Box 1: Gibraltar

The role of the Joint Committee

The role of the specialised committees

Implementation and application of the Withdrawal Agreement

Good faith

The role of the Court of Justice of the European Union

Other provisions which engage the jurisdiction of the CJEU

The proposed arbitration model

Analysis of the arbitration provisions

Citizens’ rights

Analysis of the citizens’ rights provisions

Supervision and enforcement of the agreement on citizens’ rights

What is not included in the citizens’ rights provisions

What happens in the event of a no deal Brexit?

The financial settlement

Figure 1: Estimated path of settlement payments

Table 1: OBR’s estimate of the settlement and its components

The UK’s legal obligations in the event of ‘no deal’

Other provisions

Chapter 3: The transition period

The general principles of transition

Exceptions to the general principles

Free trade agreements

Extending the transition period

Chapter 4: Protocol on Ireland/Northern Ireland

Basic principles and conditions

The rights of individuals and the Belfast/Good Friday Agreement

Common Travel Area

The “single customs territory” and the movement of goods

UK-wide obligations

Institutional oversight of the Protocol

Additional responsibilities for the UK regarding Northern Ireland

Other areas of North-South cooperation

Reviewing the backstop

Chapter 5: The Political Declaration on the future relationship

Overview

Introduction to the Political Declaration

Part I: initial provisions

Part II: economic partnership

Goods

Services and investment

Financial services

Digital

Capital movements and payments, intellectual property and public procurement

Mobility

Transport

Energy

Fishing opportunities

Global cooperation

Level playing field for open and fair competition

Part III: security partnership

Law enforcement and judicial cooperation in criminal matters

Foreign policy, security and defence

Thematic cooperation

Part IV: institutional and other horizontal arrangements

Part V: forward process

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest





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