RESTRICTED  
  
GPA/ACC/GBR/6  
 
19 July 2018  
(18-4546) 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 T HE UNITED STATES OF AMERICA  
The following communication, dated 17 July 2018, is being circulated at the request of the 
Delegation of the United  States of America.  
 
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COMMENTS FROM THE UN ITED STATES ON THE M ARKET ACCESS OFFER O F  
THE UNITED KINGDOM ( GPA/ACC/GBR/1)  
The United States thanks the European Union and the United Kingdom for circulating the United 
Kingdom's market access off er (GPA/ACC/GBR/1). The United States presents these initial 
comments on the United Kingdom's market access offer and reserves the right to modify its 
comments or submit additional comments in the future.  
 
Annex 1 – Central Government Entities  
 
1. The list of  central government contracting authorities does not appear to accurately reflect 
current entity coverage. The United Kingdom is asked to prepare an updated list of central 
government contracting authorities.  
2. The United Kingdom has indicated that the only  body in the United Kingdom that procures 
air traffic control equipment for the central government is not a body governed by public law. Why 
does the United Kingdom need Note 1.a. if the United Kingdom does not cover nor has authority 
over any entity that actually procures air traffic control equipment?  
3. Can the United Kingdom provide information on how it applies Note 1.b.?  
4. Note 3 states that "' 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." However, the term "contracting authorities of the United Kingdom " 
only appears in the paragraph that relates to goods, services, suppliers and service providers of 
the European Unio n, Liechtenstein, Switzerland, Iceland, Norway, and The Netherlands with 
respect to Aruba. The phrase "Contracting authorities of the United Kingdom " does not appear in 
the paragraph related to goods, services, suppliers and service providers of Israel; Mo ntenegro; 
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. Can the United Kingdom explain why Note 3 only ap plies to the first 
group and the impact of this distinction?  
5. Can the United Kingdom confirm that the list of central government subordinate entities 
does not include those that have a "separate legal personality "? In other words, do any of the 
listed subor dinate entities have a separate legal personality from the lead entity?  
6. The Prime Minister's Office is not specified in the list of central government contracting 
authorities. Can the United Kingdom confirm that it is covered? If it is a subordinate entit y, can the GPA/ACC/ GBR/6  
 
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  United Kingdom provide information as to why it was not included in the list of subordinate 
entities?  
Annex 2 – Sub-Central Government Entities  
 
7. The indicative list of contracting authorities which are bodies governed by public law does 
not app ear to accurately reflect current entity coverage. The United Kingdom is asked to prepare 
an updated indicative list reflecting any changes.  
8. Can the United Kingdom identify the Annex 2 entities procuring air traffic control equipment?  
9. Can the United King dom explain its understanding of how Note 1.d . is applied? The United 
States understands that this note will remain until the United Kingdom has accepted that the 
United States provides satisfactory reciprocal access to United Kingdom goods, suppliers, ser vices 
and service providers to their own procurement markets. As such, can the United Kingdom present 
information about the types of goods, suppliers, services and service prov iders that are targeted 
by this N ote?  
Annex 3 – Other Entities  
 
10. The indicative list of contracting authorities and public undertakings fulfilling the criteria laid 
down under Annex 3 does not appear to accurately reflect current entity coverage. The United 
Kingdom is asked to prepare an updated indicative list reflecting any changes.   
11. We understand that under the EU system decisions regarding competitive forces are made 
by the European Commission. Can the United Kingdom explain how it will determine whether GPA 
covered entities are "exposed to competitive forces " once it leaves the EU ?  
12. Can the United Kingdom provide information on the impact of European Community 
exemption decisions, 2006/211/EC of 8 March 2006 and 2007/141/EC of 26 February 2007, with 
regards to entities subject to the requirements of EC utility directives? Are there  any United 
Kingdom electricity generation entities or entities in the supply of electricity and gas that are 
currently subject to the obligations of the GPA? Does the United Kingdom Annex 3 indicative list 
reflect these changes?  
13. Beyond electricity generation and the supply of electricity and gas, are there any other 
Annex 3 sectors or covered entities that the EC has determined are exposed to competitive forces?  
Annex 5 – Services  
 
14. Can the United Kingdom identify any buy local re quirements or legal restrictions applied on 
services that were excluded under the United Kingdom schedule?  
Annex 6 – Construction Services  
 
15. Can the United Kingdom explain the difference between CPC 51 and work concessions? Are 
work concessions distinct fro m construction services identified in CPC 51 or are work concessions a 
sub-category of construction services as classified in CPC 51?  
 
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