RESTRICTED  
  
GPA/ACC/GBR/11  
 
8 August 2018  
(18-5022) Page: 1/2 
Committee on Government Procurement  Original: English  
 
 
 ACCESSION OF THE UNI TED KINGDOM TO THE A GREEMENT ON GOVERNME NT 
PROCUREMENT IN ITS O WN RIGHT  
COMMUNICATION  FROM THE SEPARATE CUSTOMS  TERRITORY OF  
TAIWAN, PENGHU, KINM EN AND MATSU  
The following communication, dated 8 August  2018, is being circulated at the request of the 
Delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu . 
 
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COMMENTS AND QUESTIO NS FROM THE SEPARATE  CUSTOMS TERRITORY OF   
TAIWAN, PENGHU, KINM EN AND MATSU ON THE MARKE T ACCESS OFFER  
OF THE UNITED KINGDO M (GPA/ACC/GBR/1/REV .1) 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu thanks the United Kingdom 
for circulating the United Kingdom's market access offer (GPA/ACC/GBR/1/Rev.1). The Separate 
Customs Te rritory of Taiwan, Penghu, Kinmen and Matsu hereby submits these comments and 
questions on the United Kingdom's market access offer, and reserves its right to modify its 
comments and questions or submit additional comments and questions in the future.  
 
General Comments  
 
1. We note that the indicative lists of Annexes 1, 2 and 3 appear to be outdated. In this regard, 
we would like to express our concern regarding securing for our companies the same level of 
market access as the United Kingdom's current levels. The United Kingdom has been asked to 
prepare updated indicative lists reflecting any changes.  
Annex 1 – Central Government Entities  
 
2. Regarding the Updated List of Central Government Entities for Annex 1 of the UK GPA 
Schedules (July 2018) provided by the U nited Kingdom, we have found that in many cases, certain 
subordinated entities, such as executive agencies, are not listed. We would like to confirm with the 
United Kingdom the reason for this, and would ask the following question in this regard, using the  
Department for Business, Energy & Industrial Strategy (BEIS) as an example. The United Kingdom 
lists the Intellectual Property Office and the Met Office under BEIS, both of which are executive 
agencies. However, the Companies House, the Insolvency Service , and the UK Space Agency are 
executive agencies sponsored by BEIS, yet they are not listed in the Updated List of Central 
Government Entities for Annex 1 of the UK GPA Schedules (July 2018). Please explain why these 
three executive agencies are not listed . Are these three executive agencies otherwise included 
under the scope of coverage of the United Kingdom 's market access offer?  
3. Note 3 of Annex 1 of the United Kingdom 's market access offer states that "'Contracting 
authorities of the United Kingdom' cove rs also any subordinated entity of any contracting authority 
of the United Kingdom provided it does not have separate legal personality." However, we 
understand that the Maritime and Coastguard Agency is listed as a subordinated entity precisely 
because it  has no separate legal personality.  
a. We would like to confirm the underlying rule for the listing of entities without separate 
legal personality in the Updated List of Central Government Entities for Annex 1 of the GPA/ACC/GBR/11  
 
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  UK GPA Schedules (July 2018). Should all e ntities without separate legal personality 
from listed entities be specifically listed in this updated list?  
b. How does one determine whether a subordinated entity has separate legal personality ? 
Is there a legal standard for such a determination ? Please pro vide any relevant legal 
regulations or sources.  
c. Could the United Kingdom provide examples and explanations of what entities have 
separate legal personalities and which do not? Please provide examples and explanations 
with regards to all types of government  entities.  
4. Due to Brexit, the United Kingdom will have to itself undertake certain governmental 
functions which were previously performed by the European Union. For instance, we understand 
that the United Kingdom intends to establish a Trade Remedy Authori ty (TRA), which presumably 
would operate under the Department of International Trade. Will the TRA also be covered by the 
United Kingdom 's GPA market access commitments? Similarly, will other future organizational 
adjustments or newly established entities due to Brexit also be covered by the United Kingdom 's 
GPA market access commitments?  
Annex 2 – Sub-Central Government Entities  
5. The United Kingdom stated that the Office of Rail and Road (ORR) is covered under Annex 2 
as a body governed by public law. If the ORR is covered under Annex 2, then why is the ORR not 
listed in the Updated Indicative List of Sub -Central Government Entities  for Annex 2 of the UK GPA 
Schedules (July 2018)? Are there any other entities which are covered under Annex 2 but are not 
listed in the Updated Indicative List of Sub -Central Government Entities for Annex 2 of the UK GPA 
Schedules (July 2018)? We note tha t the Competition and Markets Authority (CMA), a non -
ministerial department, is listed under BEIS in the Updated List of Central Government Entities for 
Annex 1 of the UK GPA Schedule (July 2018). The ORR is also a non -ministerial department of the 
Departm ent for Transport. Why do the ORR and the CMA fall under different annexes, when they 
are both non -ministerial departments?  
6. Paragraph 1 .c. of Annex 2 of the United Kingdom 's market access offer refers to 
"administrative units falling under Territorial Unit  3 . . . and smaller administrative units. " Which 
level of the United Kingdom 's local government do such "smaller administrative units " refer to ? 
Annex 3 – Other Entities  
7. Please explain the reservations set forth in Notes 1 ., 2.b., 4. and 5 . of Annex 3.  
8. We note that reciprocal access to the procurement mentioned in Note 6 .h. of Annex 3 has 
not been provided to suppliers of the Separate Customs Territory of Taiwan, Penghu, Kinmen and 
Matsu. Please delete the Separate Customs Territory of Taiwan, Penghu, Kinm en and Matsu from 
Note 6 .h. 
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