NOTIFICACIÓN DE PROPUESTAS DE MODIFICACIÓN Y RECTIFICACIÓN DEL ÁMBITO DE APLICACIÓN EN EL MARCO DEL ACUERDO

Goods SDR 200,000

Services SDR 200,000

Construction Services SDR 5,000,000

5. All regional or local contracting authorities.

a. 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.

b. 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.

c. 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.

6. 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.

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

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

ii. they have legal personality; and

iii. 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.

b. "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:

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

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

iii. 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.

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

Bodies:

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

1. Design Council;

21. Health and Safety Executive;

3. National Research Development Corporation; 4. Public Health Laboratory Service Board;

52. Advisory, Conciliation and Arbitration Service;

6. Commission for the New Towns; 3. 7. National Homes England;

4. NHS Blood ~~Authority~~ and Transplant Service ~~8. National Rivers Authority;~~

5. 9. Environment Agency;

6. Scottish Enterprise;

7. 10. Ordnance Survey Limited;

8. 11. Financial Services Conduct 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 and Rescue Authorities;

6. National Health Service Strategic Health Authorities;

5. 7. Clinical Commissioning Groups

6. Police Authorities;

7. 8. Police and Crime Commissioners;

8. New Town Development Corporations;

9. Urban Development Corporations.

10. Local authorities including unitary authorities, county councils, district councils, metropolitan district councils, London boroughs and the City of London;

11. National Park Authorities;

12. Registered providers of social housing.

Notes to Annex 2

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

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

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

c. 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

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law covered under this Annex in regard of goods, services, suppliers and service providers from Canada;

d. 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;

e. 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;

f. 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;

g. 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;

h. procurement by regional and local contracting authorities (contracting authorities of administrative units listed under Territorial Units 2 and 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 Australia;

i. procurement between 200,000 SDR and 355,000 SDR by regional contracting authorities and between 200,000 SDR and 400.000 SDR for bodies governed by public law covered under this Annex of goods and services for suppliers and service providers from Australia;

j. procurement by procuring entities covered under this Annex of:

i. motor vehicles, as described in the Chapters of the Combined Nomenclature (CN) specified below:

8. 8702 Motor vehicles for the transport

of ten or more persons, including the driver;

9. 8703 Motor cars and other motor vehicles principally designed for the transport

of persons (other than those of heading 8702), including station wagons and racing cars;

10. 8704 Motor vehicles for the transport of goods;

11. 8705 Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, xxxxx lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units);

12. 8711 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side cars;

13. 8713 Carriages for disabled persons, whether or not motorised or otherwise mechanically propelled.

ii. components for motor vehicles, as described in the Chapters of the Combined Nomenclature (CN) specified below:

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14. 8706 00 Chassis fitted with engines, for the motor vehicles

of headings 8701 to 8705;

15. 8707 Bodies (including cabs), for the motor vehicles of headings 8701 to 8705;

16. 8708 Parts and accessories of the motor vehicles of headings 8701 to 8705;

17. 8714 Parts and accessories of vehicles of headings 8711 to 8713;

18. 8716 Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof.

in regard of suppliers and service providers from Australia.

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.

3. 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.

4. 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.

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ANNEX 3

OTHER ENTITIES

Goods SDR 400,000

Services SDR 400,000

Construction Services SDR 5,000,000

5. All utilities 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 undertakings3 and which have as one of their activities any of those referred to below or any combination thereof:

a. 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:

b. 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;

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

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

e. the provision or operation of networks4 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;

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

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

3 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.

4 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.

5 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.

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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;

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

2. Scottish Water;

3. The Department for Regional Development (Northern Ireland). 3. Northern Ireland Water.

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.;

2. Highland and Islands Airports Limited;

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

5. BAA Ltd.

3. London Luton Airport Operations Limited; 4. Manchester Airports Holdings Limited;

5. Cornwall Airport Limited.

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;

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

3. British Waterways Board;

43. 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 Bus Services Limited;

2. London Underground Limited;

3. Transport for London;

4. A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Xxx 0000;

5. Strathclyde Passenger Transport Executive; 5. Strathclyde Partnership for Transport;

6. Greater Manchester Passenger Transport Executive; 6. Transport for Greater Manchester;

7. Tyne and Wear Passenger Transport Executive;

7. Tyne and Wear Passenger Transport (trading as "Nexus");

1 January 2021 (WT/Let/1498)

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8. Brighton Borough Council;

8. Brighton and Hove City Council;

9. South Yorkshire Passenger Transport Executive;

10. 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;

15. 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;

14. A person who holds a bus operator's 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;

32. Northern Ireland Transport Holding Company;

43. Northern Ireland Railways Company Limited;

54. 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

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

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

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

b. 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;

c. 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.

9. 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:

a. 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

b. 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.

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

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a. by a procuring entity to an affiliated undertaking6; or

b. 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.7

11. This Agreement does not cover procurement:

a. 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

b. 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.

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

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

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

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

iii. airport facilities covered under this Annex;

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

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

b. 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;

c. 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;

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

6 "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.

7 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.

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e. 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;

f. 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;

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

h. 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;

i. 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;

j. 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;

k. 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;

l. 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;

m. 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;

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

o. 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;

p. 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;

q. 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;

r. 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;

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

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

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

iii. airport facilities covered under this Annex;

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

v. urban railway, tramway, trolley bus or bus services covered under this Annex: and

vi. transport by railways covered under this Annex

vii. in regard of supplies, services, suppliers and service providers from Australia.

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.

13. 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.

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

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

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

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

iii. 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;

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

v. 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;

vi. 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);

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vii. 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);

viii. 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.

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LIST OF TERRITORIAL XXXXX

Xxxxxxxxxxx Xxxx 0 Xxxxxxxxxxx Xxxx 0 Xxxxxxxxxxx Xxxx 0

0. Xxxxx Xxxx

(Xxxxxxx) 1.1. Tees Valley and Xxxxxx 1.1.1. Hartlepool and Xxxxxxxx-on-Tees

1.1.2. South ~~Teeside~~ Teesside

1.1.3. Darlington

1.1.4. Xxxxxx County Council

1.2. Northumberland and Tyne and Wear

1.2.1. Northumberland

1.2.2. Tyneside

1.2.3. Sunderland

2. North Xxxx

(England) 2.1. Cumbria 2.1.1. Xxxx Cumbria

2.1.2. East Cumbria

2.2. Cheshire 2.2.1. Warrington

2.2.2. Cheshire East

2.2.3. Cheshire Xxxx and Xxxxxxx

2.3. Greater Manchester 2.3.1. Greater Manchester South East

2.3.2. Greater Manchester South Xxxx

2.3.3. Greater Manchester North East

2.3.4. Greater Manchester North Xxxx

2.3.5. Manchester

2.4. Lancashire 2.4.1. Xxxxxxxxx with Xxxxxx

2.4.2. Blackpool

2.4.3. Chorley and Xxxx Lancashire

2.4.4. East Lancashire

2.4.5. Mid Lancashire

2.4.6. Lancaster and Wyre

3. Yorkshire and the

2.5. Merseyside 2.5.1. East Merseyside

2.5.2. Liverpool

2.5.3. Xxxxxx

2.5.4. Wirral

Humber 3.1. East Yorkshire and Northern Lincolnshire

3.1.1. City of Kingston upon Xxxx

3.1.2. East Riding of Yorkshire

3.1.3. North and North East Lincolnshire

3.2. North Yorkshire 3.2.1. York

3.2.2. North Yorkshire County Council

3.3. South Yorkshire 3.3.1. Xxxxxxxx, Xxxxxxxxx and

Rotherham

3.3.2. Sheffield

3.4. Xxxx Yorkshire 3.4.1. Bradford

3.4.2. Leeds

3.4.3. Calderdale and Kirklees

3.4.4. Xxxxxxxxx

XXXXXXXX X

XXX XXXXXX XXXXXXX

ANNEX 7

Page 6/6

Territorial Xxxx 0 Xxxxxxxxxxx Xxxx 0 Xxxxxxxxxxx Xxxx 0

11. Wales

11.1. Xxxx Wales 11.1.1. Isle of Anglesey

11.1.2. Gwynedd

11.1.3. Conwy and Denbighshire

11.1.4. South Xxxx Wales

11.1.5. Central Valleys

11.1.6. Gwent Valleys

11.1.7. Bridgend and Neath Port Xxxxxx

11.1.8. Swansea

12. Northern Ireland

11.2. East Wales 11.2.1. Monmouthshire and Newport

11.2.2. Cardiff and Vale of Glamorgan

11.2.3. Flintshire and Wrexham

11.2.4. Powys

12.1. Northern Ireland 12.1.1. Belfast

12.1.2. Armagh City, Banbridge and Craigavon

12.1.3. Newry, Mourne and Down

12.1.4. Ards and North Down

12.1.5. Xxxxx City and Strabane

12.1.6. Mid Ulster

12.1.7. Causeway Coast and Glens

12.1.8. Antrim and ~~Newtonabbey~~ Newtownabbey

12.1.9. Lisburn and ~~Castelreagh~~ Castlereagh

12.1 10. Mid and East Xxxxxx

12.1.11. Fermanagh and Omagh


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ATTACHMENT B

United Kingdom∗

(Authentic in the English Language only)

1 THE CENTRAL GOVERNMENT CONTRACTING AUTHORITIES OF THE UNITED KINGDOM

ANNEX 1

CENTRAL GOVERNMENT ENTITIES

Goods SDR 130,000

Services SDR 130,000

Construction Services SDR 5,000,000

List of entities:

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 LIST OF CENTRAL GOVERNMENT CONTRACTING AUTHORITIES

1. Attorney General's Office:

1.1. Government Legal Department.

2. Cabinet Office:

2.1. Office of the Parliamentary Counsel;

2.2. Boundary Commission for England;

2.3. Crown Commercial Service.

3. Charity Commission;

4. Crown Estate – Vote Expenditure Only;

5. Crown Prosecution Service;

6. Department for Business, Energy and Industrial Strategy:

6.1. Competition Appeal Tribunal;

6.2. Competition and Markets Authority;

6.3. Competition Service;

6.4. Intellectual Property Office;

6.5. Nuclear Decommissioning Authority;

6.6. Meteorological Office (known as "Met Office");

6.7. Office of Manpower Economics;

6.8. Oil and Gas Authority;

6.9. UK Research and Innovation.

7. Department for Education:

7.1. Office for Students.

8. Ministry of Housing, Communities and Local Government;

9. Department for Digital, Culture, Media and Sport:

9.1. Arts Council England;

9.2. British Library;

9.3. British Museum;

9.4. The Gambling Commission;

9.5 Historic Buildings and Monuments Commission for England (known as "Historic England");

∗ In English only.


APPENDIX I	UNITED KINGDOM	ANNEX 1	Page 2/4

9.6. Imperial War Museum;

9.7. National Gallery;

9.8. National Maritime Museum;

9.9. National Portrait Gallery;

9.10. Natural History Museum;

9.11. Board of Trustees of the Science Museum (known as "Science Museum Group");

9.12. Xxxx Gallery;

9.13. Victoria and Xxxxxx Museum;

9.14. Xxxxxxx Collection.

10. Department for Environment, Food and Rural Affairs:

10.1. Natural England;

10.2. Plant Variety Rights Office;

10.3. Royal Botanic Gardens, Kew.

11. Department of Health and Social Care:

11.1. NHS Business Services Authority;

11.2. NHS Commissioning Board (known as "NHS England");

11.3. NHS Trusts;

11.4. NHS Foundation Trusts.

12. Department for International Trade;

13. Department for Transport:

13.1. Maritime and Coastguard Agency;

13.2. Highways England Company Ltd (known as "Highways England").

14. Department for Work and Pensions:

14.1. Office for Nuclear Regulation;

14.2. Pensions Regulator;

14.3. Social Security Advisory Committee.

15. Export Credits Guarantee Department (known as "UK Export Finance");

16. Foreign, Commonwealth and Development Office:

16.1. Xxxxxx Xxxx.

17. Government Actuary's Department;

18. Government Communications Headquarters;

19. Home Office:

19.1. HM Inspectorate of Constabulary and Fire & Rescue Services.

20. Corporate Officer of the House of Commons;

21. Corporate Officer of the House of Lords;

22. Ministry of Defence:

22.1. Defence Equipment & Support.

23. Ministry of Justice:

23.1. Court of Appeal (England and Wales);

23.2. Employment Appeals Tribunal;

23.3. Employment Tribunals;

23.4. First-tier Tribunal;

23.5. Her Majesty's Courts and Tribunals Service;

23.6. Law Commission;

23.7. Legal Aid Agency – England and Wales;

23.8. Office of the Official Solicitor to the Senior Courts and the Public Trustee;

23.9. Office of the Public Guardian;

23.10. Parole Board;

23.11. UK Supreme Court;

23.12. Upper Tribunal.

24. The National Archives;

25. National Audit Office;

26. National Savings and Investments;

27. Northern Ireland Assembly Commission;

28. Northern Ireland Ministers:

28.1. Agricultural Wages Board for Northern Ireland;

28.2. Attorney General for Northern Ireland;

28.3. Department of Agriculture, Environment and Rural Affairs;

28.4. Department for Communities;


APPENDIX I	UNITED KINGDOM	ANNEX 1	Page 3/4

28.5. Department for the Economy:

28.6. Department of Education;

28.7. Department of Finance;

28.8. Department of Health;

28.9. Department for Infrastructure;

28.10. Department of Justice:

28.10.1. Coroners Service;

28.10.2. County Courts;

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

28.10.4. Crown Court;

28.10.5. Enforcement of Judgements Office;

28.10.6. Forensic Science Northern Ireland;

28.10.7. Legal Service Agency Northern Ireland;

28.10.8. Magistrates' Courts;

28.10.9. Pensions Appeals Tribunals (Northern Ireland);

28.10.10. Police Service of Northern Ireland;

28.10.11. Probation Board for Northern Ireland;

28.10.12. Office of the Social Security Commissioners and Child Support Commissioners (Northern Ireland);

28.10.13. State Pathologist's Department.

28.11. Executive Office.

29. Northern Ireland Office:

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

29.2. Public Prosecution Service for Northern Ireland.

30. Office for National Statistics:

30.1. National Health Service Central Register.

31. Parliamentary Works Sponsor Body;

32. Parliamentary and Health Service Ombudsman;

33. Postal business of the Post Office;

34. Privy Council Office;

35. Restoration and Renewal Delivery Authority Ltd;

36. HM Revenue and Customs;

37. Royal Hospital, Chelsea;

38. Royal Mint;

39. Rural Payments Agency;

40. Scotland, Auditor-General;

41. Scotland, Crown Office and Procurator Fiscal Service;

42. Scotland, National Records of Scotland;

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

44. Scotland, Registers of Scotland;

45. The Scotland Office;

46. The Scottish Ministers:

46.1. Architecture and Design Scotland;

46.2. Crofting Commission;

46.3. Lands Tribunal for Scotland;

46.4. National Galleries of Scotland;

46.5. National Library of Scotland;

46.6. National Museums of Scotland;

46.7. Royal Botanic Garden, Edinburgh;

46.8. Scottish Courts and Tribunals Service;

46.9. Scottish Further and Higher Education Funding Council;

46.10. Scottish Law Commission;

46.11. Special Health Boards;

46.12. Health Boards;

46.13. The Office of the Accountant of Court;

46.14. High Court of Justiciary;

46.15. Court of Session;


APPENDIX I	UNITED KINGDOM	ANNEX 1	Page 4/4

46.16. HM Inspectorate of Constabulary;

46.17. Parole Board for Scotland;

46.18. Pensions Appeal Tribunals (Scotland);

46.19. Scottish Land Court;

46.20. Sheriff Courts;

46.21. Scottish Natural Heritage;

46.22. Scottish Police Authority;

46.23. First-tier Tribunal for Scotland;

46.24. Upper Tribunal for Scotland;

46.25. Historic Environment Scotland.

47. The Scottish Parliamentary Corporate Body;

48. HM Treasury:

48.1. United Kingdom Debt Management Office.

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

50. The Welsh Ministers:

50.1. Agricultural Dwelling House Advisory Committees (Wales);

50.2. Agricultural Land Tribunal for Wales;

50.3 Higher Education Funding Council for Wales;

50.4. Local Democracy and Boundary Commission for Wales;

50.5. Rent Assessment Committee (Wales);

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

50.7. Valuation Tribunal for Wales;

50.8. Welsh National Health Service Trusts and Local Health Boards.

Notes to Annex 1

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

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

16. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea, the US and Australia 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.

17. "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.

18. 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.


APPENDIX I	UNITED KINGDOM	ANNEX 2	Page 1/4

ANNEX 2

SUB-CENTRAL GOVERNMENT ENTITIES

Goods SDR 200,000

Services SDR 200,000

Construction Services SDR 5,000,000

19. All regional or local contracting authorities.

a. 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.

20. 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.

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

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

ii. they have legal personality; and

iii. 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.

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


APPENDIX I	UNITED KINGDOM	ANNEX 2	Page 2/4

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

iii. 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.

c. 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:

21. Health and Safety Executive;

22. Advisory, Conciliation and Arbitration Service;

23. Homes England;

24. NHS Blood and Transplant Service;

25. Environment Agency;

26. Scottish Enterprise;

27. Ordnance Survey Limited;

28. Financial Conduct Authority.

Categories:

29. Maintained schools;

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

31. National Museums and Galleries;

32. Fire and Rescue Authorities;

33. Clinical Commissioning Groups;

34. Police Authorities;

35. Police and Crime Commissioners;

36. New Town Development Corporations;

37. Urban Development Corporations;

38. Local authorities including unitary authorities, county councils, district councils, metropolitan district councils, London boroughs and the City of London;

39. National Park Authorities;

40. Registered providers of social housing.

Notes to Annex 2

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

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

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

c. 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;


APPENDIX I	UNITED KINGDOM	ANNEX 2	Page 3/4

e. 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;

g. procurement by contracting authorities of administrative units listed under Territorial Units

j. procurement by procuring entities covered under this Annex of:

i. motor vehicles, as described in the Chapters of the Combined Nomenclature (CN) specified below:

42. 8702 Motor vehicles for the transport

of ten or more persons, including the driver;

43. 8703 Motor cars and other motor vehicles principally designed for the transport

of persons (other than those of heading 8702), including station wagons and racing cars;

44. 8704 Motor vehicles for the transport of goods;

45. 8705 Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, xxxxx lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units);

46. 8711 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side cars;

47. 8713 Carriages for disabled persons, whether or not motorised or otherwise mechanically propelled.

ii. components for motor vehicles, as described in the Chapters of the Combined Nomenclature (CN) specified below:

48. 8706 00 Chassis fitted with engines, for the motor vehicles

of headings 8701 to 8705;

49. 8707 Bodies (including cabs), for the motor vehicles of headings 8701 to 8705;


APPENDIX I	UNITED KINGDOM	ANNEX 2	Page 4/4

50. 8708 Parts and accessories of the motor vehicles of headings 8701 to 8705;

51. 8714 Parts and accessories of vehicles of headings 8711 to 8713;

52. 8716 Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof.

in regard of suppliers and service providers from Australia.

53. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea, the US and Australia 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.

54. 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.

55. 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.


APPENDIX I	UNITED KINGDOM	ANNEX 3	Page 1/6

ANNEX 3

OTHER ENTITIES

Goods SDR 400,000

Services SDR 400,000

Construction Services SDR 5,000,000