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.
European Parliament Procedure Reference: 2015/0277(COD)
Commission's proposal (7 December 2015):
TRAN Committee's Report (amended version published 19 December 2016)
Council's general approach (published 2 December 2016)
Joint statement from the Secretary of State for Exiting the EU, the Secretary of State for Transport and the Chief Executive of Airlines UK, 14 November 2016
Bird & Bird - Implications of Brexit on Aviation:
Information from the Presidency on the state of play on 6 June 2017
European Parliament Procedure Reference: 2016/0236(COD)
In late 2016, the European Commission adopted a proposal for a regulation establishing a certification system for aviation security screening equipment. The proposal seeks to establish an EU certification system which would be based on "EU type-approval and issuance of a certificate of conformity by manufacturers, which would be valid in all Member States, according to the principle of mutual recognition".
This proposal is still in the early stages and is currently awaiting a committee vote (scheduled for 19 June 2018) before going through the trilogue process. It is difficult to predict when this proposal will be adopted (if at all), but is unlikely to be pre-Brexit.
European Parliament's procedure file