Last updated: 5 January 2018
Bird & Bird's EU Legislation Tracker highlights Regulations and Directives scheduled to take effect or to be implemented by Member States in the period prior to the UK's departure from the EU. It does not provide an exhaustive survey. Instead, we have sought to summarise some of the key legislation, both draft and finalised, which we are tracking in the run up to Brexit and which are likely to be of interest to companies which do business in the UK and/or elsewhere in Europe.
The Tracker includes a short commentary on the substance of each of the measures identified, and a timeline for their known or likely effective dates (for Regulations) or implementation deadlines (for Directives). These are colour coded by reference to the likely date of Brexit.
For the purposes of the Tracker, we have assumed that the UK will exit the EU two years from its service of the Article 50 notice (i.e. on 29th March 2019). However, a transitional period is expected to follow, until the end of 2020, during which the UK will be required to continue to align its laws with those of the EU Single Market and Customs Union. It is currently expected that the EU Withdrawal Bill will be enacted with effect from the exit date and that the resulting Act will retain all EU Regulations (and statutory instruments implementing EU Directives) in UK domestic law. However, the Act is also expected to enable amendments to such Regulations by statutory instruments during a two-years period, and this process will determine the final form, in UK domestic law, of such legislation now summarised in our Tracker.
||Implementation deadline/effective date likely to be pre-Brexit
||Implementation deadline/effective date likely to be post-Brexit
[Likely Q3 2019 - Q1 2020?]
Draft: Amendment to the Posted Workers Directive (Directive 96/71/EC)
- Draft legislation to regulate the posting of workers to another EU Member State on a temporary basis.
- The EC's proposal to revise the existing Posted Workers Directive, was published on 8 March 2016.
- The proposal seeks to protect posted workers by ensuring that they are subject to equal pay (including minimum rates of pay and bonuses) and working conditions as local workers.
- MEPs have expressed concern that the proposed amendment will have a particular impact on SMEs.
Will introduce a framework of cyber security risk management for 'essential' and 'digital' service providers.
- On 24 October 2017, the Council reached an agreement on its position on the Directive.
- The Council and the European Parliament are currently in negotiation, with the aim of reaching a first-reading agreement.
- There is no official guidance on when the Directive will be finalised and deadline for its implementation into Member State law. However, it is likely that the Directive will be published Q3 2018 and the deadline for implementation Q3 2019 – Q1 2020.
- It remains to be seen whether the UK will implement the Directive prior to leaving the EU (and retain that legislation having exited).
Full text of the Posted Workers Directive (Directive 96/71/EC)
Full text of the proposal
Revision of the Directive on the Posting of Workers - LABOUR MOBILITY PACKAGE
Bird & Bird's EU Legislation Tracker