aDhesión del reino unido al acuerdo sobre contratación púbLica por derecho propio oferTA de accesO a los mercados

RESTRICTED


GPA/ACC/GBR/1/Rev.1

14 xx xxxxx de 2018

(18-3712)

Página: 1/31

Comité de Contratación Pública

Original: inglés


aDhesión del reino unido al acuerdo sobre
contratación púbLica por derecho propio

oferTA de accesO a los mercados

Revisión*

El siguiente documento del Reino Unido, de fecha 1º xx xxxxx de 2018, se distribuye a petición de la delegación de la Unión Europea.


_______________



La presente revisión se distribuye para corregir los siguientes errores administrativos en el documento GPA/ACC/GBR/1:


    • En la página 11, se ha corregido la nota a pie de página 3 para incluir una referencia a la nota a pie de página 2, y no a la nota 3.

    • En la página 14, en el párrafo 4, se han añadido las notas a pie de página 4 y 5 que se habían omitido por error.

    • En la página 18, la descripción del capítulo 27 se ha corregido para reinsertar la palabra "distillation", que se había omitido, después de las palabras "Mineral fuels, mineral oils and products of their".

Estos son los únicos cambios introducidos en la versión original (GPA/ACC/GBR/1, de 5 xx xxxxx de 2018).


THE United Kingdom

APPENDIX I

(Authentic in the English Language)

ANNEX 1

Thresholds:

Goods SDR 130,000


Services SDR 130,000


Construction Services SDR 5,000,000

List of entities1:

1  THE CENTRAL GOVERNMENT CONTRACTING AUTHORITIES OF THE UNITED KINGDOM

  1. For the goods, services, suppliers and service providers of the European Union, Liechtenstein, Switzerland, Iceland, Norway, The Netherlands with respect to Aruba, procurement by all central government contracting authorities of the United Kingdom. The list below is indicative.

  2. For the goods, services, suppliers and service providers of Israel; Montenegro; the Republic of Moldova; Ukraine; the United States; Canada; Japan; Hong Kong, China, Singapore; Korea; Armenia; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand, procurement by the following central government contracting authorities.

2  LIST OF CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

              1. Cabinet Office:

1.1.  Office of the Parliamentary Counsel.

              1. Central Office of Information;

              2. Charity Commission;

              3. Crown Estate Commissioners - Vote Expenditure Only;

              4. Crown Prosecution Service;

              5. Department for Business, Energy and Regulatory Reform:

6.1.  Competition Commission;

6.2.  Gas and Electricity Consumers' Council;

6.3.  Office of Manpower Economics.

              1. Department for Children, Schools and Families;

              2. Department of Communities and Local Government:

8.1.  Rent Assessment Panels.

              1. Department for Culture, Media and Sport:

9.1.  British Library;

9.2.  British Museum;

9.3.  Commission for Architecture and the Built Environment;

9.4.  The Gambling Commission;

9.5.  Historic Buildings and Monuments Commission for England - English Heritage;

9.6.  Imperial War Museum;

9.7.  Museums, Libraries and Archives Council;

9.8.  National Gallery;

9.9.  National Maritime Museum;

9.10.  National Portrait Gallery;

9.11.  Natural History Museum;

9.12.  Science Museum;

9.13.  Xxxx Gallery;

9.14.  Victoria and Xxxxxx Museum;

9.15.  Xxxxxxx Collection.

              1. Department for Environment, Food and Rural Affairs:

10.1.  Agricultural Dwelling House Advisory Committees;

10.2.  Agricultural Land Tribunals;

10.3.  Agricultural Wages Board and Committees

10.4.  Cattle Breeding Centre;

10.5.  Countryside Agency;

10.6.  Plant Variety Rights Office;

10.7.  Royal Botanic Gardens, Kew;

10.8.  Royal Commission on Environmental Pollution.

              1. Department of Health:

11.1.  Dentist Practice Board;

11.2.  National Health Service Strategic Health Authorities;

11.3.  NHS Trusts;

11.4.  Prescription Pricing Authority.

              1. Department for Innovation, Universities and Skills:

12.1.  Higher Education Funding Council for England;

12.2.  National Weights and Measures Laboratory;

12.3.  Patent Office.

              1. Department for International Development;

              2. Department of the Procurator General and Treasury Solicitor:

14.1.  Legal Secretariat to the Law Officers.

              1. Department for Transport:

15.1.  Maritime and Coastguard Agency.

              1. Department for Work and Pensions:

16.1.  Disability Living Allowance Advisory Board;

16.2.  Independent Tribunal Service;

16.3.  Medical Boards and Examining Medical Officers - War Pensions;

16.4.  Occupational Pensions Regulatory Authority;

16.5.  Regional Medical Service;

16.6.  Social Security Advisory Committee.

              1. Export Credits Guarantee Department;

              2. Foreign and Commonwealth Office:

18.1.  Xxxxxx Xxxx Conference Centre.

              1. Government Actuary's Department;

              2. Government Communications Headquarters;

              3. Home Office:

21.1.  HM Inspectorate of Constabulary.

              1. House of Commons;

              2. House of Lords;

              3. Ministry of Defence:

24.1.  Defence Equipment & Support;
24.2.  Meteorological Office.

              1. Ministry of Justice:

25.1.  Boundary Commission for England;

25.2.  Combined Tax Tribunal;

25.3.  Council on Tribunals;

25.4.  Court of Appeal – Criminal;

25.5.  Employment Appeals Tribunal;

25.6.  Employment Tribunals;

25.7.  HMCS Regions, Crown, County and Combined Courts - England and Wales;

25.8.  Immigration Appellate Authorities;

25.9.  Immigration Adjudicators;

25.10.  Immigration Appeals Tribunal;

25.11.  Lands Tribunal;

25.12.  Law Commission;

25.13.  Legal Aid Fund - England and Wales;

25.14.  Office of the Social Security Commissioners;

25.15.  Parole Board and Local Review Committees;

25.16.  Pensions Appeal Tribunals;

25.17.  Public Trust Office;

25.18.  Xxxxxxx Xxxxx Xxxxx - Xxxxxxx xxx Xxxxx;

25.19.  Transport Tribunal.

              1. The National Archives;

              2. National Audit Office;

              3. National Savings and Investments;

              4. National School of Government;

              5. Northern Ireland Assembly Commission;

              6. Northern Ireland Court Service:

31.1.  Coroners Courts;

31.2.  County Courts;

31.3.  Court of Appeal and High Court of Justice in Northern Ireland;

31.4.  Crown Court;

31.5.  Enforcement of Judgements Office;

31.6.  Legal Aid Fund;

31.7.  Magistrates' Courts;

31.8.  Pensions Appeals Tribunals.

              1. Northern Ireland, Department for Employment and Learning;

              2. Northern Ireland, Department for Regional Development;

              3. Northern Ireland, Department for Social Development;

              4. Northern Ireland, Department of Agriculture and Rural Development;

              5. Northern Ireland, Department of Culture, Arts and Leisure;

              6. Northern Ireland, Department of Education;

              7. Northern Ireland, Department of Enterprise, Trade and Investment;

              8. Northern Ireland, Department of the Environment;

              9. Northern Ireland, Department of Finance and Personnel;

              10. Northern Ireland, Department of Health, Social Services and Public Safety;

              11. Northern Ireland, Office of the First Minister and Deputy First Minister;

              12. Northern Ireland Office:

43.1.  Crown Solicitor's Office;

43.2.  Department of the Director of Public Prosecutions for Northern Ireland;

43.3.  Forensic Science Laboratory of Northern Ireland;

43.4.  Office of the Chief Electoral Officer for Northern Ireland;

43.5.  Police Service of Northern Ireland;

43.6.  Probation Board for Northern Ireland;

43.7.  State Pathologist Service.

              1. Office of Fair Trading;

              2. Office for National Statistics:

45.1.  National Health Service Central Register.

              1. Office of the Parliamentary Commissioner for Administration and Health Service Commissioners;

              2. Paymaster General's Office;

              3. Postal Business of the Post Office;

              4. Privy Council Office;

              5. Public Record Office;

              6. HM Revenue and Customs:

51.1.  The Revenue and Customs Prosecutions Office.

              1. Royal Hospital, Chelsea;

              2. Royal Mint;

              3. Rural Payments Agency;

              4. Scotland, Auditor-General;

              5. Scotland, Crown Office and Procurator Fiscal Service;

              6. Scotland, General Register Office;

              7. Scotland, Queen's and Lord Treasurer's Remembrancer;

              8. Scotland, Registers of Scotland;

              9. The Scotland Office;

              10. The Scottish Ministers:

61.1.  Architecture and Design Scotland;

61.2.  Crofters Commission;

61.3.  Deer Commission for Scotland;

61.4.  Lands Tribunal for Scotland;

61.5.  National Galleries of Scotland;

61.6.  National Library of Scotland;

61.7.  National Museums of Scotland;

61.8.  Royal Botanic Garden, Edinburgh;

61.9.  Royal Commission on the Ancient and Historical Monuments of Scotland;

61.10.  Scottish Further and Higher Education Funding Council;

61.11.  Scottish Law Commission;

61.12.  Community Health Partnerships;

61.13.  Special Health Boards;

61.14.  Health Boards;

61.15.  The Office of the Accountant of Court;

61.16.  High Court of Justiciary;

61.17.  Court of Session;

61.18.  HM Inspectorate of Constabulary;

61.19.  Parole Board for Scotland;

61.20.  Pensions Appeal Tribunals;

61.21.  Scottish Land Court;

61.22.  Sheriff Courts;

61.23.  Scottish Police Services Authority;

61.24.  Office of the Social Security Commissioners;

61.25.  The Private Rented Housing Panel and Private Rented Housing Committees;

61.26.  Keeper of the Records of Scotland.

              1. The Scottish Parliamentary Body Corporate;

              2. HM Treasury:

63.1.  Office of Government Commerce;

63.2.  United Kingdom Debt Management Office.

              1. The Wales Office - Office of the Secretary of State for Wales;

              2. The Welsh Ministers:

65.1.  Higher Education Funding Council for Wales;

65.2.  Local Government Boundary Commission for Wales;

65.3.  The Royal Commission on the Ancient and Historical Monuments of Wales;

65.4.  Valuation Tribunals - Wales;

65.5.  Welsh National Health Service Trusts and Local Health Boards;

65.6.  Welsh Rent Assessment Panels.

Notes to Annex 1

  1. The following shall not be considered as covered procurement:

                1. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;

                2. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered by this Agreement in regard of suppliers and services providers from the United States and Canada;

until such time as the United Kingdom has accepted that the Parties concerned provide satisfactory reciprocal access for the United Kingdom goods, suppliers, services and service providers to their own procurement markets.


  1. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises as defined in Regulation 112(4) of the Public Contracts Regulations 2015, until such time as the United Kingdom accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.

  2. "Contracting authorities of the United Kingdom" covers also any subordinated entity of any contracting authority of the United Kingdom provided it does not have separate legal personality.

  3. As far as procurement by entities in the field of defence and security is concerned, only non-sensitive and non-warlike materials contained in the list attached to Annex 4 are covered.


ANNEX 2

SUB-CENTRAL GOVERNMENT ENTITIES

Thresholds:

Goods SDR 200,000


Services SDR 200,000


Construction Services SDR 5,000,000

List of Entities:

  1. All regional or local contracting authorities.

                1. All contracting authorities of the administrative units falling under Territorial Units 1, 2 and 3 as described in Note 3 of the General Notes in Annex 7.

                1. For the purposes of the Agreement, "Regional contracting authorities" shall be understood as contracting authorities of the administrative units falling under Territorial Units 1 and 2 as described in Note 3 of the General Notes in Annex 7.

                2. For the purposes of the Agreement, "Local contracting authorities" shall be understood as contracting authorities of the administrative units falling under Territorial Unit 3 as described in Note 3 of the General Notes in Annex 7 and smaller administrative units.

  1. All contracting authorities which are bodies governed by public law, for England, Wales and Northern Ireland, as defined by the Public Contracts Regulations 2015 and, for Scotland, the Public Contracts (Scotland) Regulations 2015.

                1. "Bodies governed by public law" as defined by the Public Contracts Regulations 2015 means any bodies that have all of the following characteristics:

                  1. they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

                  2. they have legal personality; and

                  3. they have any of the following characteristics:

a) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law;

b) they are subject to management supervision by those authorities or bodies; or

c) they have an administrative, managerial or supervisory board; more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.

                1. "Body governed by public law" as defined by the Public Contracts (Scotland) Regulations 2015 means a body that has legal personality, is established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character and which:

                  1. is financed for the most part by the State, regional or local authorities, or by any other body governed by public law;

                  2. is subject to management supervision by any such authority or body; or

                  3. has an administrative, managerial or supervisory board more than half the members of which were appointed by any body referred to in sub-paragraph i.

                1. An indicative list of contracting authorities which are bodies governed by public law follows.


INDICATIVE LISTS OF CONTRACTING AUTHORITIES WHICH ARE BODIES
GOVERNED BY PUBLIC LAW

Bodies:

1. Design Council;

2. Health and Safety Executive;

3. National Research Development Corporation;

4. Public Health Laboratory Service Board;

5. Advisory, Conciliation and Arbitration Service;

6. Commission for the New Towns;

7. National Blood Authority;

8. National Rivers Authority;

9. Scottish Enterprise;

10. Ordnance Survey;

11. Financial Services Authority.

Categories:

1. Maintained schools;

2. Universities and colleges financed for the most part by other contracting authorities;

3. National Museums and Galleries;

4. Research Councils;

5. Fire Authorities;

6. National Health Service Strategic Health Authorities;

7. Police Authorities;

8. New Town Development Corporations;

9. Urban Development Corporations.

Notes to Annex 2

  1. The following shall not be considered as covered procurement:

                1. procurement by procuring entities covered under this Annex in regard of suppliers, services and service providers from the United States;

                2. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;

                3. procurement by cities-regions listed under Territorial Units 1 and 2 as described in Note 3 of the General Notes in Annex 7, local procuring entities and bodies governed by public law covered under this Annex in regard of goods, services, suppliers and service providers from Canada;

                4. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered by this Agreement in regard of suppliers and service providers from the United States and Canada;

                5. procurement between 200,000 SDR and 355,000 SDR by procuring entities covered under this Annex of goods and services for suppliers and service providers from Canada;

                6. procurement by local contracting authorities (contracting authorities of administrative units listed under Territorial Unit 3 as described in Note 3 of the General Notes in Annex 7 and smaller administrative units) in regard of goods, services, suppliers and service providers from New Zealand;

                7. procurement by contracting authorities of administrative units listed under Territorial Units 1 and 2 as described in Note 3 of the General Notes in Annex 7, in regard of goods, services, suppliers and service providers from New Zealand, unless their procurement is covered under the United Kingdom Annex 3;

until such time as the United Kingdom has accepted that the Parties concerned provide satisfactory reciprocal access to United Kingdom goods, suppliers, services and service providers to their own procurement markets.

  1. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises as defined in Regulation 112(4) of the Public Contracts Regulations 2015, until such time as the United Kingdom accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.

  2. The provisions of Article XVIII shall not apply to Japan and Korea in contesting the award of contracts by entities listed under Annex 2 paragraph 2, until such time as the United Kingdom accepts that they have completed coverage of sub-central entities.

  3. The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by United Kingdom entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.

ANNEX 3

OTHER ENTITIES

Thresholds:

Goods SDR 400,000


Services SDR 400,000


Construction Services SDR 5,000,000

List of Entities:

  1. All contracting entities whose procurement is covered by the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings1 and which have as one of their activities any of those referred to below or any combination thereof:

                1. the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;

                1. the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;

                2. the provision of airport or other terminal facilities to carriers by air;

                3. the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;

                4. the provision or operation of networks2 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;

                5. the provision or operation of networks providing a service to the public in the field of transport by railways.3

  1. Indicative lists of contracting authorities and public undertakings fulfilling the criteria set out above follow.



INDICATIVE LISTS OF CONTRACTING AUTHORITIES AND PUBLIC UNDERTAKINGS FULFILLING THE CRITERIA LAID DOWN UNDER ANNEX 3

A. PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

  1. A company holding an appointment as a water undertaker or a sewerage undertaker under the Water Industry Act. 1991;

  1. A water and sewerage authority established by section 62 of the Local Government etc (Scotland) Act. 1994;

  2. The Department for Regional Development (Northern Ireland).

B. PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY

  1. A person licensed under section 6 of the Electricity Xxx 0000;

  2. A person licensed under Article 10(1) of the Electricity (Northern Ireland) Order 1992;

  3. NationalGrid Electricity Transmission plc;

  4. System Operation Northern Ireland Ltd;

  5. Scottish & Southern Energy plc;

  6. SPTransmission plc.

C. AIRPORT INSTALLATIONS

  1. A local authority which exploits a geographical area for the purpose of providing airport or other terminal facilities to carriers by air;

  2. An airport operator within the meaning of the Airports Xxx 0000 who has the management of an airport subject to economic regulation under Part IV of that Act.;

  3. Highland and Islands Airports Limited;

  4. An airport operator within the meaning of the Airports (Northern Ireland) Order 1994;

  5. BAA Ltd.

D. MARITIME OR INLAND PORT OR OTHER TERMINAL FACILITIES

  1. A local authority which exploits a geographical area for the purpose of providing maritime or inland port or other terminal facilities to carriers by sea or inland waterway;

  1. A harbour authority within the meaning of section 57 of the Harbours Xxx 0000;

  2. British Waterways Board;

  3. A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970.

E. CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS SERVICES

  1. London Regional Transport;

  1. London Underground Limited;

  2. Transport for London;

  3. A subsidiary of Transport for London within the meaning of section 424(1) of the Greater Xxxxxx Xxxxxxxxx Xxx 0000;

  4. Strathclyde Passenger Transport Executive;

  5. Greater Manchester Passenger Transport Executive;

  6. Tyne and Wear Passenger Transport Executive;

  7. Brighton Borough Council;

  8. South Yorkshire Passenger Transport Executive;

  9. South Yorkshire Supertram Limited;

  10. Blackpool Transport Services Limited;

  11. Conwy County Borough Council;

  12. A person who provides a London local service as defined in section 179(1) of the Greater London Authority Act 1999 (a bus service) in pursuance of an agreement entered into by Transport for London under section 156(2) of that Act or in pursuance of a transport subsidiary's agreement as defined in section 169 of that Act;

  13. Northern Ireland Transport Holding Company;

  14. A person who holds a road service licence under section 4(1) of the Transport Act (Northern Ireland) 1967 which authorises him to provide a regular service within the meaning of that licence.

F. CONTRACTING ENTITIES IN THE FIELD OF RAIL SERVICES

  1. Network Rail plc;

  2. Eurotunnel plc;

  3. Northern Ireland Transport Holding Company;

  4. Northern Ireland Railways Company Limited;

  5. Providers of rail services which operate on the basis of special or exclusive rights granted by the Department of Transport or any other competent authority.

Notes to Annex 3

  1. Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.

  2. This Agreement does not cover procurement by procuring entities included in this Annex:

                1. for the purchase of water and for the supply of energy or of fuels for the production of energy;

                2. for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities outside of the United Kingdom;

                3. for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.

  1. The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of paragraphs (a) or (b) of this Annex where:

                1. the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs (a) to (f) of this Annex; and

                1. supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.

  1. I. Provided that the conditions in paragraph II are met, this Agreement does not cover procurement:

                1. by a procuring entity to an affiliated undertaking1; or

                1. by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to an undertaking which is affiliated with one of these procuring entities.

II. Paragraph I shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated.2

  1. This Agreement does not cover procurement:

                1. by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to one of these procuring entities; or

                2. by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.

  1. The following shall not be considered as covered procurement:

                1. procurement by procuring entities operating in the fields of:

                  1. production, transport or distribution of drinking water covered under this Annex;

                  2. production, transport or distribution of electricity covered under this Annex;

                  3. airport facilities covered under this Annex;

                  4. maritime or inland port or other terminal facilities covered under this Annex; and

                  5. urban railway, tramway, trolley bus or bus services covered under this Annex in regard of supplies, services, suppliers and service providers from Canada.

                1. procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers from the United States;

                2. procurement by procuring entities operating in the field of maritime or inland port or other terminal facilities covered under this Annex of dredging services or related to shipbuilding in regard of suppliers and service providers from the United States;

                3. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;

                4. procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of suppliers and service providers from the United States and Korea;

                5. procurement by procuring entities operating in the field of urban railway, tramway, trolleybus or bus services covered under this Annex in regard of suppliers and service providers from the United States;

                6. procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;

                7. procurement by procuring entities operating in the field of railways covered under this Annex in regard of goods, suppliers, services and service providers from Armenia; Canada; Japan; the United States; Hong Kong, China; Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;

                8. procurement by procuring entities operating in the field of high-speed railways and high-speed railways infrastructure in regard of goods, suppliers, services and service providers from Korea;

                9. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered procurement in regard of suppliers and service providers from the United States;

                10. procurement by procuring entities operating in the field of production, transport or distribution of electricity covered under this Annex in regard of suppliers and services providers from Japan;

                11. procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos. 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in regard of suppliers from Korea;

                12. procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos. 85012099, 85015299, 85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in regard of suppliers from Israel;

                13. procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel;

                14. procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of supplies, services and service providers from New Zealand;

                15. procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;

                16. procurement by procuring entities operating in the field of the provision of maritime or inland port or other terminal facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;

                17. procurement by regional or local contracting authorities operating in the fields covered by this Annex, in regard of supplies, services, and service providers from New Zealand, with the exception of procurement by contracting authorities of administrative units listed under Territorial Units 1 and 2 as described in Note 3 of the General Notes in Annex 7 operating in the field of transport by urban railway, automatic systems, tramway, trolley bus, bus and cable;

until such time, the United Kingdom has accepted that the Parties concerned provide satisfactory reciprocal access to United Kingdom goods, suppliers, services and service providers to their own procurement markets.


  1. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises as defined in Regulation 112(4) of the Public Contracts Regulations 2015, until such time as the United Kingdom accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses. The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by United Kingdom entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.

  2. The following shall not be considered as covered procurement:

                1. procurement by procuring entities operating in the field of urban transport covered under this Annex of the following goods and services:

                  1. H.S. 44.06 Railway or tramway sleepers of (cross-ties) xxxx;

                  2. H.S. 68.10 Railway or tramway sleepers of concrete and concrete guide-track sections for hovertrains;

                  3. H.S. 73.02 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails;

                  4. H.S. 85.30.10 Electrical signalling, safety or traffic control equipment for railways, tramways;

                  5. H.S. Chapter 86 - Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds;

                  6. Construction work for civil engineering for railways falling under CPC prov. 51310 (Construction work for civil engineering for highways (except elevated highways), streets, roads, railways and airfield runways) (as contained in document MTN/GNS/W/120);

                  7. Construction work for civil engineering for railway tunnels and subways falling under CPC prov. 51320 (Construction work for civil engineering for bridges, elevated highways, tunnels and subways) (as contained in document MTN/GNS/W/120);

                  8. Repair and maintenance services of locomotives (including reconditioning), rolling stock (including reconditioning), railway tracks, traffic signals and installation services of railway engines falling under CPC prov. 88680 (Repair services of other transport equipment, on a fee or contract basis) (as contained in document MTN/GNS/W/120);

in regard of suppliers and service providers from Japan, until such time as the United Kingdom has accepted that Japan has fully open its procurement of urban transport to United Kingdom suppliers, supplies, service providers and services.


ANNEX 4

GOODS

  1. This Agreement covers the procurement of all goods procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement.

  2. This Agreement covers only the goods that are described in the Chapters of the 2017 Harmonized Commodity Description and Coding Systems (HS) specified below and that are procured by the Ministry of Defence and Agencies for defence or security activities in the United Kingdom:

HS Chapter Description

  1. Chapter 25: Salt; sulphur; earths and xxxxx; plastering materials, lime

and cement;

  1. Chapter 26: Metallic ores, slag and ash;

  2. Chapter 27: Mineral fuels, mineral oils and products of their distillation;

bituminous substances; mineral waxes, except:

                1. ex 27.10: special engine fuels.

  1. Chapter 28: Inorganic chemicals; organic and inorganic compounds of

precious metals, of rare-earth metals,

of radioactive elements or of isotopes, except:

                1. ex 28.09: explosives;

                2. ex 28.13: explosives;

                3. ex 28.14: tear gas;

                4. ex 28.28: explosives;

                5. ex 28.32: explosives;

                6. ex 28.39: explosives;

                7. ex 28.50: toxic products;

                8. ex 28.51: toxic products;

                9. ex 28.54 explosives.

  1. Chapter 29: Organic chemicals, except:

                1. ex 29.03: explosives;

                2. ex 29.04: explosives;

                3. ex 29.07: explosives;

                4. ex 29.08: explosives;

                5. ex 29.11: explosives;

                6. ex 29.12: explosives;

                7. ex 29.13: toxic products;

                8. ex 29.14: toxic products;

                9. ex 29.15: toxic products;

                10. ex 29.21: toxic products;

                11. ex 29.22: toxic products;

                12. ex 29.23: toxic products;

                13. ex 29.26: explosives;

                14. ex 29.27: toxic products;

                15. ex 29.29: explosives.

  1. Chapter 30: Pharmaceutical products;

  2. Chapter 31: Fertilisers;

  3. Chapter 32: Xxxxxxx and dyeing extracts; tannings and their derivatives;

dyes, colours, paints and varnishes, putty, fillers

and stoppings, inks;

  1. Chapter 33: Essential oils and resinoids; perfumery, cosmetic or

toilet preparations;

HS Chapter Description

  1. Chapter 34: Soap, organic surface-active agents, washing preparations,

lubricating preparations, artificial waxes, prepared waxes,

polishing and scouring preparations, candles and similar

articles, modelling pastes and "dental waxes";

  1. Chapter 35: Albuminoidal substances, glues, enzymes;

  2. Chapter 37: Photographic and cinematographic goods;

  3. Chapter 38: Miscellaneous chemical products, except:

                1. ex 38.19: toxic products.

  1. Chapter 39: Artificial resins and plastic materials, cellulose esters and

esters, articles thereof except:

                1. ex 39.03: explosives.

  1. Chapter 40: Rubber, synthetic rubber, factices, and articles thereof

except:

                1. ex 40.11: bullet-proof tyres.

  1. Chapter 41: Raw hides and skins (other than fur skins) and leather;

  2. Chapter 42: Articles of leather, saddlery and harness, travel goods,

handbags and similar containers, articles of animal gut

(other than silkworm gut);

  1. Chapter 43: Furskins and artificial fur, manufactures thereof;

  2. Chapter 44: Xxxx and articles of xxxx, xxxx charcoal;

  3. Chapter 45: Cork and articles of cork;

  4. Chapter 46: Manufactures of straw of esparto and of other plaiting

materials, basket ware and wickerwork;

  1. Chapter 47: Paper-making material;

  2. Chapter 48: Paper and paperboard; articles of paper pulp, of paper or of

paperboard;

  1. Chapter 49: Printed books, newspapers, pictures and other products of

the printing industry, manuscripts, typescripts and plans;

  1. Chapter 65: Headgear and parts thereof;

  2. Chapter 66: Umbrellas, sunshades, walking-sticks, whips, riding-crops

and parts thereof;

  1. Chapter 67: Prepared feathers and down and articles made of feathers or

of down, artificial flowers, articles of human hair;

  1. Chapter 68: Articles of xxxxx, of plaster, of cement, of asbestos, of mica

and of similar materials;

  1. Chapter 69: Ceramic products;

  2. Chapter 70: Glass and glassware;

  3. Chapter 71: Pearls, precious or semi-precious stones, precious metals,

rolled precious metals, and articles thereof; imitation

jewellery;

  1. Chapter 73: Iron and steel and articles thereof;

  2. Chapter 74: Copper and articles thereof;

  3. Chapter 75: Nickel and articles thereof;

  4. Chapter 76: Aluminium and articles thereof;

  5. Chapter 77: Magnesium and beryllium and articles thereof;

  6. Chapter 78: Lead and articles thereof;

  7. Chapter 79: Zinc and articles thereof;

  8. Chapter 80: Tin and articles thereof;

HS Chapter Description

  1. Chapter 81: Other base metals employed in metallurgy and articles

thereof;

  1. Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal,

parts thereof of base metal, except:

                1. ex 82.05: tools;

                2. ex 82.07: tools, parts.

  1. Chapter 83: Miscellaneous articles of base metal;

  2. Chapter 84: Boilers, machinery and mechanical appliances, parts thereof,

except:

                1. ex 84.06: engines;

                2. ex 84.08: other engines;

                3. ex 84.45: machinery;

                4. ex 84.53: automatic data-processing machines;

                5. ex 84.55: parts of machines under heading No 84.53;

                6. ex 84.59 nuclear reactors.

  1. Chapter 85: Electrical machinery and equipment, parts thereof,

except:

                1. ex 85.13: telecommunication equipment;

                2. ex 85.15: transmission apparatus.

  1. Chapter 86: Railway and tramway locomotives, rolling-stock and

parts thereof; railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered), except:

                1. ex 86.02: armoured locomotives, electric;

                2. ex 86.03: other armoured locomotives;

                3. ex 86.05: armoured wagons;

                4. ex 86.06: repair wagons;

                5. ex 86.07: wagons.

  1. Chapter 87: Vehicles, other than railway or tramway rolling-stock,

and parts thereof, except:

                1. ex 87.08: tanks and other armoured vehicles;

                2. ex 87.01: tractors;

                3. ex 87.02: military vehicles;

                4. ex 87.03: breakdown lorries;

                5. ex 87.09: motorcycles;

                6. ex 87.14: trailers.

  1. Chapter 89: Ships, boats and floating structures, except:

                1. ex 89.01 A: warships.

  1. Chapter 90: Optical, photographic, cinematographic, measuring, checking,

precision, medical and surgical instruments and apparatus,

parts and accessories thereof, except:

                1. ex 90.05: binoculars;

                2. ex 90.13: miscellaneous instruments, lasers;

                3. ex 90.14: telemeters;

                4. ex 90.28: electrical and electronic measuring instruments;

                5. ex 90.11: microscopes;

                6. ex 90.17: medical instruments;

                7. ex 90.18: mechano-therapy appliances;

                8. ex 90.19: orthopaedic appliances;

                9. ex 90.20: X-ray apparatus.

  1. Chapter 91: Manufacture of watches and clocks;

  2. Chapter 92: Musical instruments, sound recorders or reproducers,

television image and sound recorders or reproducers, parts

and accessories of such articles;

HS Chapter Description

  1. Chapter 94: Furniture and parts thereof; bedding, mattresses, mattress

supports, cushions and similar stuffed furnishings, except:

                1. ex 94.01 A: aircraft seats.

  1. Chapter 95: Articles and manufactures of carving or moulding material;

  2. Chapter 96: Brooms, brushes, powder-puffs and sieves;

  3. Chapter 98: Miscellaneous manufactured articles.

ANNEX 5

SERVICES

This Agreement covers the following services, which are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.) as contained in document MTN.GNS/W/1200:


Description CPC Prov. Reference No.

1. Maintenance and repair services 6112, 6122, 633,

886

2. Land transport services, 712 (except 71235),

including armoured car 7512, 87304

services, and courier

services, except transport

of mail

3. Air transport services of 73 (except 7321)

passengers and freight,

except transport of mail

4. Transport of mail by land, 71235, 7321

except rail, and by air

5. Telecommunications services 752

6. Financial services ex 81

a. Insurance services 812, 814

b. Banking and investments

services0

7. Computer and related services 84

8. Accounting, auditing and 862

bookkeeping services

9. Market research and public opinion 864

polling services

10. Management consulting services 865, 8660

and related services

11. Architectural services; 867

engineering services

and integrated engineering

services, urban planning

and landscape architectural

services; related scientific

and technical consulting

services; technical testing

and analysis services

12. Advertising services 871

13. Building-cleaning services and 874,

property management services 82201-82206

Description CPC Xxxx. Xxxxxxxxx Xx.

00. Publishing and printing services 88442

on a fee or contract basis

15. Sewage and refuse disposal; 94

sanitation and similar services


Note to Annex 5

Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the services covered under this Annex is a covered procurement in regard of a particular Party's provider of service only to the extent that such Party has covered that service under its Annex 5.


ANNEX 6

CONSTRUCTION SERVICES AND WORKS CONCESSIONS

List of Construction Services (Division 51, CPC Prov.):

  1. CONSTRUCTION SERVICES

All services listed in Division 51, as contained in document MTN/GNS/W/120.


2  WORKS CONCESSIONS

Works concessions contracts, when awarded by Annex 1 and 2 entities, are included under the national treatment regime for the construction service providers of the European Union, Iceland, Liechtenstein, Norway, the Netherlands on behalf of Aruba, Switzerland and Montenegro, provided their value equals or exceeds 5,000,000 SDR and for the construction service providers of Korea; provided their value equals or exceeds 15,000,000 SDR.


Note to Annex 6

Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the construction services covered under this Annex is a covered procurement in regard of a particular Party's provider of service only to the extent that such Party has covered that service under its Annex 6.

List of Division 51, CPC PROV.

Group

Class

Subclass

Title

Corresponding ISCI

SECTION 5



CONSTRUCTION WORK AND CONSTRUCTIONS: LAND


DIVISION 51



CONSTRUCTION WORK


511



Pre-erection work at construction sites



5111

51110

Site investigation work

4510


5112

51120

Demolition work

4510


5113

51130

Site formation and clearance work

4510


5114

51140

Excavating and earthmoving work

4510


5115

51150

Site preparation work for mining

4510


5116

51160

Scaffolding work

4520

512



Construction work for buildings



5121

51210

For one- and two-dwelling buildings

4520


5122

51220

For multi-dwelling buildings

4520


5123

51230

For warehouses and industrial buildings

4520


5124

51240

For commercial buildings

4520


5125

51250

For public entertainment buildings

4520


5126

51260

For hotel, restaurant and similar buildings

4520


5127

51270

For educational buildings

4520


5128

51280

For health buildings

4520


5129

51290

For other buildings

4520

513



Construction work for civil engineering



5131

51310

For highways (except elevated highways), street, roads, railways and airfield runways

4520


5132

51320

For bridges, elevated highways, tunnels and subways

4520


5133

51330

For waterways, harbours, dams and other water works

4520


5134

51340

For long distance pipelines, communication and power lines (cables)

4520


5135

51350

For local pipelines and cables; ancillary works

4520


5136

51360

For constructions for mining and manufacturing

4520


5137


For constructions for sport and recreation




51371

For stadia and sports grounds

4520



51372

For other sport and recreation installations (e.g. swimming pools, tennis courts, golf courses)

4520


5139

51390

For engineering works n.e.c.

4520

514

5140

51400

Assembly and erection of prefabricated constructions

4520

515



Special trade construction work



5151

51510

Foundation work, including pile driving

4520


5152

51520

Water well drilling

4520


5153

51530

Roofing and water proofing

4520


5154

51540

Concrete work

4520


5155

51550

Steel bending and erection (including welding)

4520


5156

51560

Masonry work

4520


5159

51590

Other special trade construction work

4520

516



Installation work



5161

51610

Heating, ventilation and air conditioning work

4530


5162

51620

Water plumbing and drain laying work

4530


5163

51630

Gas fitting construction work

4530


5164


Electrical work




51641

Electrical wiring and fitting work

4530



51642

Fire alarm construction work

4530



51643

Burglar alarm system construction work

4530



51644

Residential antenna construction work

4530



51649

Other electrical construction work

4530


5165

51650

Insulation work (electrical wiring, water, heat, sound)

4530


5166

51660

Fencing and railing construction work

4530


5169


Other installation work




51691

Lift and escalator construction work

4530



51699

Other installation work n.e.c.

4530

517



Building completion and finishing work



5171

51710

Glazing work and window glass installation work

4540


5172

51720

Plastering work

4540


5173

51730

Painting work

4540


5174

51740

Floor and wall tiling work

4540


5175

51750

Other floor laying, wall covering and wall papering work

4540


5176

51760

Xxxx and metal joinery and carpentry work

4540


5177

51770

Interior fitting decoration work

4540


5178

51780

Ornamentation fitting work

4540


5179

51790

Other building completion and finishing work

4540

518

5180

51800

Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator

4550

ANNEX 7

GENERAL NOTES

  1. This Agreement does not cover:

                1. procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (e.g. food aid including urgent relief aid); and

                2. procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.

  1. Procurement by procuring entities covered under Annexes 1 and 2 in connection with activities in the fields of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless covered under Annex 3.

  2. The Territorial Units for the purpose of paragraph 1 in Annex 2, Note 1 in the Notes to Annex 2 and Note 6 to the Notes in Annex 3 follows.

LIST OF TERRITORIAL XXXXX

Xxxxxxxxxxx Xxxx 0

Xxxxxxxxxxx Xxxx 0

Xxxxxxxxxxx Xxxx 0

Xxxxx Xxxx (Xxxxxxx)

Tees Valley and Durham

Hartlepool and Xxxxxxxx-on-Tees

South Teeside

Darlington

Xxxxxx County Council

Northumberland and Tyne and Wear

Northumberland

Tyneside

Xxxxxxxxxx

North Xxxx (England)

Cumbria

Xxxx Cumbria

East Cumbria

Cheshire

Warrington

Cheshire East

Cheshire Xxxx and Xxxxxxx

Greater Manchester

Greater Manchester South East

Greater Manchester South Xxxx

Greater Manchester North East

Greater Manchester North Xxxx

Manchester

Lancashire

Xxxxxxxxx with Darwen

Blackpool

Chorley and Xxxx Lancashire

East Lancashire

Mid Lancashire

Xxxxxxxxx and Wyre

Merseyside

East Merseyside

Liverpool

Xxxxxx

Wirral

Yorkshire and the Humber

East Yorkshire and Northern Lincolnshire

City of Kingston upon Xxxx

East Riding of Yorkshire

North and North East Lincolnshire

North Yorkshire

York

North Yorkshire County Council

South Yorkshire

Barnsley, Doncaster and Rotherham

Sheffield

Xxxx Yorkshire

Xxxxxxxx

Xxxxx

Calderdale and Kirklees

Wakefield

East Midlands (England)

Derbyshire and Nottinghamshire

Derby

East Derbyshire

South and Xxxx Derbyshire

Nottingham

North Nottinghamshire

South Nottinghamshire

Leicestershire, Xxxxxxx and Northamptonshire

Leicester

Leicestershire County Council and Xxxxxxx

Xxxx Northamptonshire

North Northamptonshire

Lincolnshire

Lincolnshire

Xxxx Midlands (England)

Herefordshire, Worcestershire and Warwickshire

County of Herefordshire

Worcestershire

Warwickshire

Shropshire and Staffordshire

Xxxxxxx and Wrekin

Shropshire County Council

Stoke-on-Xxxxx

Staffordshire County Council

Xxxx Midlands

Birmingham

Solihull

Coventry

Xxxxxx

Xxxxxxx

Xxxxxxxx

Wolverhampton

East of England

East Anglia

Norwich and East Norfolk

North and Xxxx Norfolk

Breckland and South Norfolk

Peterborough

Suffolk

Cambridgeshire County Council

Bedfordshire and Hertfordshire

Luton

Bedford

Central Bedfordshire

Hertfordshire

Essex

Heart of Essex

Essex Thames Gateway

Essex Haven Gateway

Xxxx Essex

Southend-on-Sea

Thurrock

London

Inner London - Xxxx

Haringey and Islington

Hackney and Newham

Xxxxxxx

Lewisham and Southwark

Tower Hamlets

Inner London - East

Camden and City of London

Xxxxxxxxxx & Xxxxxxx and Hammersmith & Fulham

Wandsworth

Westminster

Outer London – East and North East

Barking & Dagenham and Havering

Bexley and Greenwich

Enfield

Redbridge and Waltham Forest

Outer London - South

Xxxxxxx

Xxxxxxx

Xxxxxx, Kingston upon Thames and Xxxxxx

Outer London – Xxxx and North Xxxx

Xxxxxx

Xxxxx

Ealing

Harrow and Hillingdon

Hounslow and Richmond upon Thames

South East (England)

Berkshire, Buckinghamshire and Oxfordshire

Berkshire

Xxxxxx Xxxxxx

Buckinghamshire County Council

Oxfordshire

Surrey, East and Xxxx Sussex

Brighton and Hove

East Surrey

East Sussex County Council

Xxxx Surrey

Xxxx Sussex (North East)

Xxxx Sussex (South Xxxx)

Hampshire and Isle of Xxxxx

Portsmouth

Southampton

Isle of Xxxxx

Central Hampshire

South Hampshire

North Hampshire

Xxxx

Xxxx Xxxxxx Gateway

Mid Xxxx

Xxxx Xxxx

East Xxxx

Xxxxxx

South Xxxx (England)

Gloucestershire, Wiltshire and Bristol/Bath area

City of Bristol

Bath and North East Somerset and South Gloucestershire

Gloucestershire

Swindon

Wiltshire County Council

Dorset and Somerset

Bournemouth and Xxxxx

Dorset County Council

Somerset

Cornwall and Isles of Scilly

Cornwall and Isles of Scilly

Xxxxx

Xxxxxxxx

Xxxxxx

Devon County Council

Scotland

Eastern Scotland

Angus and Dundee City

Clackmannanshire and Fife

East Lothian and Midlothian

Scottish Borders

City of Edinburgh

Falkirk

Perth & Kinross and Stirling

Xxxx Lothian

Highlands and Islands

Caithness & Xxxxxxxxxx and Xxxx & Cromarty

Inverness & Nairn and Moray, Xxxxxxxx & Strathspey

Xxxxxxxx, Xxxx & Loachals, Arran & Xxxxxxx and Argyll & Bute

Eilean Siar (Western Isles)

Orkney Islands

Shetland Islands

North Eastern Scotland

Aberdeen City and Aberdeenshire

Western Scotland

East Dunbartonshire, Xxxx Dunbartonshire and Helensburgh & Lomond

Glasgow City

Inverclyde, East Renfrewshire and Renfrewshire

North Lanarkshire

Southern Scotland

Dumfries & Xxxxxxxx

East Ayrshire and North Ayrshire mainland

South Ayrshire

South Lanarkshire

Wales

Xxxx Wales

Isle of Anglesey

Gwynedd

Conwy and Denbighshire

South Xxxx Wales

Central Valleys

Gwent Valleys

Bridgend and Neath Port Xxxxxx

Swansea

East Wales

Monmouthshire and Newport

Cardiff and Vale of Glamorgan

Flintshire and Wrexham

Powys

Northern Ireland

Northern Ireland

Belfast

Armagh City, Banbridge and Craigavon

Newry, Mourne and Down

Ards and North Down

Xxxxx City and Strabane

Mid Ulster

Causeway Coast and Glens

Xxxxxx and Newtonabbey

Lisburn and Castelreagh

Mid and East Xxxxxx

Fermanagh and Omagh



__________

* En español e inglés solamente.

In English only.

1 Where the functions of an entity listed in this Annex have been or are transferred to another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Annex.

1 According to the Utilities Contracts Regulations 2016, a "public undertaking" means any undertaking over which contracting authorities may exercise directly or indirectly a dominant influence by virtue of:

a) their ownership of that undertaking;

b) their financial participation in that undertaking; or

c) the rules which govern that undertaking.

According to the Utilities Contracts (Scotland) Regulations 2016, a "public undertaking" means a person over which one or more contracting authorities are able to exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:

a) their ownership of that person;

b) their financial participation in that person;

c) the rights accorded to them by the rules which govern that person.

According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is presumed in any of the following cases in which those authorities, directly or indirectly:

a) hold the majority of the undertaking's subscribed capital;

b) control the majority of the votes attaching to shares issued by the undertaking;

c) can appoint more than half of the undertaking's administrative, management or supervisory body.

2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of the United Kingdom such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

3 E.g. the provision or operation of networks (within the meaning of footnote 2) providing a service to the public in the field of transport by high-speed or conventional trains.

1 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.

2 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.

0 Except for services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.

0 Except for the procurement or acquisition of fiscal agency or depository services, liquidation, and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities.

0 Except arbitration and conciliation services.


Document Metadata

Filed: September 14th, 2022