Brexit

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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. Click on the links below to access full details.

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.

Entering into new commercial agreements during periods of economic or political uncertainty can give rise to unique challenges. As the UK negotiates its exit from the EU, we have highlighted some Brexit related issues which parties may want to consider when contracting during this period. With contributions from lawyers in our IP, Dispute Resolution and Commercial groups, the tool flags a number of issues that have already been shown to be relevant. However, it isn't an exhaustive checklist and there may well be additional issues to consider depending on the precise nature of the agreement concerned and progress with the Brexit negotiations. As ever, we would advise parties to seek specific legal advice on the particular deal being entered into. 

View the checklist >