Q&As

Commercially, for non-public sector—can we still bid for EU contracts in light of Brexit?

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Produced in partnership with Jorren Knibbe of Guildhall Chambers
Published on LexisPSL on 05/07/2016

The following Commercial Q&A Produced in partnership with Jorren Knibbe of Guildhall Chambers provides comprehensive and up to date legal information covering:

  • Commercially, for non-public sector—can we still bid for EU contracts in light of Brexit?

Current legal position

At present, the result of the UK referendum on 23 June 2016 has had no effect on UK law or on the legal relationship between the UK and the EU. Therefore:

  1. the UK is still a member of the EU; and

  2. EU law still applies in the UK, and UK legislation which implements EU law (such as the 2015 and 2016 public procurement Regulations) continues in force

This means that UK contracting authorities are still required to comply with the Public Contracts Regulations 2015, SI 2015/102 (for example) when awarding public contracts which fall under those Regulations.

It also means that UK companies continue to benefit from the rights derived from Directive 2014/24/EU (the Public Contracts Directive) on public procurement (for example) when seeking to participate in public procurement processes in other EU Member States.

Future legal position

The legal position is unlikely to change until the UK triggers the process laid down by Article 50 of the Treaty on European Union (TEU) for leaving the EU, and reaches agreement with the other EU Member States on the terms of the UK’s exit from and future

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