EC calls on UK to uphold EU directives for all public procurements started before #Brexit-day

The European Commission (EC) has called on the UK to continue to apply the EU Public Procurement Directives for all public procurements that bridge the official Brexit date, anticipated to be the end of March 2019.

Notebook with the flag of the European Union
Notebook with the flag of the European Union

In a position paper  on public procurement the Commission said any
withdrawal agreement should ensure that the relevant provisions of EU procurement law, in particular competition and non-discrimination rules, should be
upheld for ongoing public contracts until they are complete.

Similarly, any framework agreements awarded before the official Brexit day would continue to remain in-force and subject to the EU’s acquis, potentially a period of up to 4 years post-Brexit depending upon when the procurement award procedure was concluded prior to the UK leaving the European Union under the Article 50 process.

The brief four page document makes no mention of any future relationship between the UK and EU in terms of public procurement, save to mention that UK contracting authorities should be entitled to continue to use the e-Certis portal and to publish notices in the Official Journal of the European Union (OJEU) in respect of procurement procedures that pre-date formal Brexit.

Other position papers published by the Commission include the use and protection of data held by the UK and EU governments and bodies, intellectual property rights, customs, duty and VAT arrangements, and the relationship between the Republic of Ireland and Northern Ireland after Brexit.