1. Trade Hub Knowledge Base
  2. Public procurement: a cross-border guide

What is the position on pre-Brexit contracts?

Tenders that commenced prior to 2021 continue to be subject to the EU-wide rules. Existing contracts and tenders also continue under the pre-2021 EU rules. Accordingly, those who have been awarded such contracts will continue to have the benefit of the existing EU rules. This also applies to frameworks under which a panel is established for a particular period.

Generally, Brexit will not change the position under existing contracts that have been awarded. However, it is necessary to look at the particular terms of the contract as the contract requirements might be affected by Brexit. For example, it might be required that products comply with certain standards or that contractors or employees hold certain qualifications.

In some cases, performance may be more difficult because of customs and other new costs.

For more information read our full cross-border guide to public procurement which has more information for businesses trading between Ireland and Northern Ireland, FAQs and key takeaways.