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.
Several legislative proposals
in respect of the Action Plan are planned for 2017. See below for the VAT DSM
package as part of this wider Action Plan, presented in December 2016.
Action plan on VAT
Proposal for a Council Directive on a Common Corporate Tax Base and Annex
Proposal to amend Directive 2006/112/EC and Directive 2009/132/EC
Proposal to amend Directive 2006/112/EC, as regards VAT rates
Digital Single Market - Modernising VAT for cross border e-Commerce
Member States should apply the Directive measures by 1 January 2019. This is the general deadline for implementation.
Council Directive (EU) 2016/1164
Bird & Bird article
Proposal for a Council Directive on a Common Consolidated Corporate Tax Base and Annex