(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (b), (c), (d) and (g) of section 8(2) which apply to this instrument) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations revoke retained EU law relating to bilateral investment agreements between EU Members States and third countries and, in particular, revoke EU Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 and EU Regulation (EU) No 912/2014 of the European Parliament and of the Council of 23 July 2014 (“the EU Regulations”).

The EU Regulations set up transitional arrangements and a framework for managing financial responsibility for investor-state dispute settlement claims, and impose binding obligations upon EU Member States. Following the withdrawal of the United Kingdom from the EU, it will no longer be appropriate for the United Kingdom to be bound by these obligations or the established framework for managing financial responsibility for investor-state dispute settlement.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.