Briefing: Beyond Brexit: trade and procurement implications for the UK construction industry

Abstract

The UK left the EU, commonly referred to as ‘Brexit’, on 31 January 2020. From 31 December 2020, new EU law does not apply and the European Court of Justice no longer has jurisdiction in the UK. The new EU–UK relationship, which began on 1 January 2021, is explained. The majority of the provisions of the EU–UK Trade and Cooperation Agreement (TCA) came into force in the UK on 31 December 2020. Significant issues for the construction industry are detailed, including supply chain concerns, the ‘level-playing-field’ implications, restrictions on the movement of people, limitations on the recognition of professional qualifications and different product standards. Regarding procurement, the TCA has mandated consideration of environmental, labour and social issues and that UK and EU suppliers must be treated equally in both the UK and EU. The UK is now an independent signatory to the World Trade Organization’s Agreement on Government Procurement. Northern Ireland, as an outcome of the Northern Ireland Protocol, has in effect remained in the EU’s single market for goods.