RESTRICTED  
  
GPA/ACC/GBR/16  
 
2 October 2018  
(18-6073) Page: 1/34 
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  
FINAL OFFER  
The following document from the United Kingdom, dated 1 October 2018, is being circulated at the 
request of the Delegation of the European Union.  
 
 
_______________  
 
 
Dear Director -General,  
 
The Permanent Mission of the European Union to the World Trade Organization has the honour of 
transmitting the letter of the European Union as well as the letter of the United Kingdom's Permanent 
Representative to the WTO and the documentation attached thereto.  
 
I would kindly request that you circulate both letters and the attachment to the Parties of the 
Agreement on Government Procurement via the Committee on Government Procurement.  
 
I thank you in advance.  
 
Yours sincerely,  
 
H.E. Mr Marc Vanheukelen  
Ambassador  
Permanent Representative to the WTO  
 
 
_______________  
 
 
Dear Director -General,  
 
On 1 June the European Union transmitted to the Director General of the World Trade Organization 
a letter from the United Kingdom where it communicated its interest in becoming a Party to the WTO 
Agreement on Government Procurement (''GPA'') in its own rig ht. 
 
The United Kingdom's letter was accompanied by the relevant supporting documentation (namely 
the United Kingdom's initial market access offer and the United Kingdom's response to the "Checklist 
of Issues").  
 
In this context, the European Union is now  transmitting a letter from the United Kingdom's 
Permanent Representative to the World Trade Organization that communicates the United Kingdom's 
final market access offer and attaches relevant supporting documentation. The United Kingdom is 
entirely respon sible for that documentation and will address any queries that Parties to the WTO 
Agreement on Government Procurement (''GPA'') may have in that respect.  
 GPA/ACC/GBR/16  
 
- 2 - 
 
  At this stage, the European Union reserves its position on the terms of the United Kingdom's final 
market access offer.  
 
Yours sincerely,  
 
H.E. Mr Marc Vanheukelen  
Ambassador  
Permanent Representative to the WTO  
 
 
_______________  
 
 
Dear Director General, Colleagues,  
 
Please see attached the final market access offer in support of the accession of the Unite d Kingdom 
to the Agreement on Government Procurement (GPA) in its own right. I look forward to you providing 
an agreement in principle to this offer at the Committee on Government Procurement on 17 October.  
 
You will recall that the United Kingdom currentl y participates in the GPA solely by virtue of its 
membership of the European Union. On 29 March 2019, the United Kingdom will leave the European 
Union. Therefore, in order to ensure the United Kingdom 's continued participation in the GPA, the 
United Kingdo m and European Union agreed to work together towards the United Kingdom's 
objective of remaining, in its own right, subject to the rights and obligations currently contained in 
the European Union's schedule. In early June, the UK submitted its application to accede to the GPA 
and circulated its market access offer and Checklist via the EU. We took the floor with the EU 
delegation in the Government Procurement Committee on 27 June to introduce our offer, and to 
underline that we were facing real time pressur e on our accession.  
 
The United Kingdom has implemented GPA rules in domestic law for over twenty years, and its 
government procurement market is one of the most open in the world. The UK 's market access offer 
is worth around £67 billion, based on the most  recently submitted GPA statistics from the EU. This 
is substantial, whether considered as a percentage of GDP, at around 3.9%, or as a share of total 
procurement. It would be in nobody 's interest to lose this significant amount of market access.  
 
We thank  all Parties for their constructive approach to our accession, and for their extensive technical 
engagement on our offer since the June meeting. The final UK market access offer replicates the 
commitments the UK currently has under the GPA as an EU Member State, as set out in the EU 's 
GPA schedule. The only changes from the version circulated in June are clarifications in response to 
questions from Parties over the summer. This guarantees that Parties can continue to benefit from 
the current level of access  to the UK 's market, and ensures no Party will be worse off.  
 
I look forward to your support for our offer at the upcoming meeting of the Committee on 
Government Procurement on 17 October, and for the UK 's participation in this Agreement in its own 
right. With your support, the UK looks forward to playing a full and active role in the implementation 
of the GPA and the work of the Committee.  
 
Yours sincerely,  
 
H.E. Mr Julian Braithwaite  
Ambassador  
Permanent Representative of the United Kingdom to the WTO  
 
 
_______________  
 
  GPA/ACC/GBR/16  
 
- 3 - 
 
   
NOTES RELATING TO TH E FINAL OFFER OF THE  UNITED KINGDOM  
1. The following clarifications have been made in respons e to feedback from P arties.  
Clarification of Annex 1, footnote 1  
 
2. The UK has amended footnote 1 in Annex 1 to clarify that wher e functions carried out by a 
body in Annex 1 have transferred to a sub -central contracting authority, that entity is covered under 
Annex 1 only in respect of those specific transferred functions.   
3. For example, the medical service function previously carrie d out by the Regional Medical 
Service (a central government contracting authority) is now carried out by Job Centre Plus (a sub -
central contracting authority). The footnote clarifies that Job Centre Plus is covered under Annex 1 
for those functions transfe rred from the Regional Medical Service.  
Clarification of terminology in Annex 3  
 
4. The UK has amended the references to "contracting entities " to refer instead to "utilities ". This 
reflects the terminology used in the Utilities Contracts Regulations 2016 and  Utilities Contracts 
(Scotland) Regulations 2016.  
5. This ensures the UK 's schedules correctly refer to the term used in UK domestic legislation 
rather than the term used in the EU Directives.  "Utilities " is the term the UK chose to use in 
implementing the term "contracting entities " in the EU Directives: both terms have the same 
meaning.  
Clarification of table of Territorial Units in Annex 7  
 
6. The UK has corrected the Territorial Units rows for London in Annex 7.  GPA/ACC/GBR/16  
 
- 4 - 
 
  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 GOVERNME NT CONTRACTING AUTHO RITIES 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 a nd service providers of Israel; Monteneg ro; the Republic 
of Moldova; U kraine; the United States; Canada; Japan; Hong Kong, China, Singapore; Korea; 
Armenia;  the Separ ate Customs Territory of Taiwan, Penghu, Kinmen and Matsu  and New Zealand, 
procurement by the following central government contracting authorities.  
2  LIST OF CENT RAL GOVERNMENT CONTR ACTING AUTHORITIES  
2.1.  Cabinet Office:  
2.1.1. Office of the Parliamentary Counsel.  
2.2.  Central Office of Information;  
2.3.  Charity Commission;  
2.4.  Crown Estate Commissioners - Vote Expenditure Only;  
2.5.  Crown Prosecution Service;  
2.6.  Department for Business, Energy and Regulatory Reform:  
2.6.1. Competition Commission;  
2.6.2. Gas and Electricity Consumers ' Council;  
2.6.3. Office of Manpower Economics.  
2.7.  Department for Children, Schools and Families;  
2.8.  Department of Communities and Local Government:  
2.8.1. Rent Asse ssment Panels.  
2.9.  Department for Culture, Media and Sport:  
2.9.1. British Library;  
2.9.2. British Museum;  
2.9.3. Commission for Architecture and the Built Environment;  
2.9.4. The Gambling Commission;  
2.9.5. Historic Buildings and Monuments Commission for England - English Heritage;  
2.9.6. Imperial War Museum;  
2.9.7. Museums, Libraries and Archives Council;  
2.9.8. National Gallery;  
                                                
 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 (for sub -
central contracting authorities, only for those functions) . GPA/ACC/GBR/16  
 
- 5 - 
 
  2.9.9. National Maritime Museum;  
2.9.10. National Portrait Gallery;  
2.9.11. Natural History Museum;  
2.9.12. Science Museum;  
2.9.13. Tate Gallery;  
2.9.14. Victoria and Albert Museum;  
2.9.15. Wallace Collection.  
2.10.   Department for Environment, Food and Rural Affairs:  
2.10.1. Agricultural Dwelling House Advisory Committees;  
2.10.2. Agricultural Land Tribunals;  
2.10.3. Agricultural Wages Board and Committees ; 
2.10.4. Cattle Breeding Centre;  
2.10.5. Countryside Agency;  
2.10.6. Plant Variety Rights Office;  
2.10.7. Royal Botanic Gardens, Kew;  
2.10.8. Royal Commission on Environmental Pollution.  
2.11.   Department of Health:  
2.11.1. Dentist Practice B oard;  
2.11.2. National Health Service Strategic Health Authorities;  
2.11.3. NHS Trusts;  
2.11.4. Prescription Pricing Authority.  
2.12.   Department for Innovation, Universities and Skills:  
2.12.1. Higher Education Funding Council for England;  
2.12.2. National Weights and Measures Laboratory;  
2.12.3. Patent Office.  
2.13.   Department for International Development;  
2.14.   Department of the Procurator General and Treasury Solicitor:  
2.14.1. Legal Secretariat to the Law Officers.  
2.15.   Department for Transport:  
2.15.1. Maritime and Coa stguard Agency.  
2.16.   Department for Work and Pensions:  
2.16.1. Disability Living Allowance Advisory Board;  
2.16.2. Independent Tribunal Service;  
2.16.3. Medical Boards and Examining Medical Officers - War Pensions;  
2.16.4. Occupational Pensions Regulatory Authority;  
2.16.5. Regional Medical Service;  
2.16.6. Social Security Advisory Committee.  
2.17.   Export Credits Guarantee Department;  
2.18.   Foreign and Commonwealth Office:  
2.18.1. Wilton Park Conference Centre.  
2.19.   Government Actuary's Department;  
2.20.   Government Communications  Headquarters;  
2.21.   Home Office:  
2.21.1. HM Inspectorate of Constabulary.  
2.22.   House of Commons;  
2.23.   House of Lords;  
2.24.   Ministry of Defence:  
2.24.1. Defence Equipment & Support;  
2.24.2. Meteorological Office.  
2.25.   Ministry of Justice:  
2.25.1. Boundary Commission for England;  
2.25.2. Combined Tax Tribunal;  
2.25.3. Council on Tribunals;  
2.25.4. Court of Appeal – Criminal;  
2.25.5. Employment Appeals Tribunal;  
2.25.6. Employment Tribunals;  
2.25.7. HMCS Regions, Crown, County and Combined Courts - England and Wales;  
2.25.8. Immigrati on Appellate Authorities;  
2.25.9. Immigration Adjudicators;  
2.25.10.  Immigration Appeals Tribunal;  
2.25.11.  Lands Tribunal;  
2.25.12.  Law Commission;  GPA/ACC/GBR/16  
 
- 6 - 
 
  2.25.13.  Legal Aid Fund - England and Wales;  
2.25.14.  Office of the Social Security Commissioners;  
2.25.15.  Parole Board and Local Review Committees;  
2.25.16.  Pensions Appeal Tribunals;  
2.25.17.  Public Trust Office;  
2.25.18.  Supreme Court Group - England and Wales;  
2.25.19.  Transport Tribunal.  
2.26.   The National Archives;  
2.27.   National Audit Office;  
2.28.   National Savings and I nvestments;  
2.29.   National School of Government;  
2.30.   Northern Ireland Assembly Commission;  
2.31.   Northern Ireland Court Service:  
2.31.1. Coroners Courts;  
2.31.2. County Courts;  
2.31.3. Court of Appeal and High Court of Justice in Northern Ireland;  
2.31.4. Crown Court;  
2.31.5. Enforcement of Judgements Office;  
2.31.6. Legal Aid Fund;  
2.31.7. Magistrates' Courts;  
2.31.8. Pensions Appeals Tribunals.  
2.32.   Northern Ireland, Department for Employment and Learning;  
2.33.   Northern Ireland, Department for Regional Development;  
2.34.   Northern Ireland, Department for Social Development;  
2.35.   Northern Ireland, Department of Agriculture and Rural Development;  
2.36.   Northern Ireland, Department of Culture, Arts and Leisure;  
2.37.   Northern Ireland, Department of Education;  
2.38.   Northern Ireland, Department of Enterprise,  Trade and Investment;  
2.39.   Northern Ireland, Department of the Environment;  
2.40.   Northern Ireland, Department of Finance and Personnel;  
2.41.   Northern Ireland, Department of Health, Social Services and Public Safety;  
2.42.   Northern Ireland, Office of the First Minister and Dep uty First Minister;  
2.43.   Northern Ireland Office:  
2.43.1. Crown Solicitor's Office;  
2.43.2. Department of the Director of Public Prosecutions for Northern Ireland;  
2.43.3. Forensic Science Laboratory of Northern Ireland;  
2.43.4. Office of the Chief Electoral Of ficer for Northern Ireland;  
2.43.5. Police Service of Northern Ireland;  
2.43.6. Probation Board for Northern Ireland;  
2.43.7. State Pathologist Service.  
2.44.   Office of Fair Trading;  
2.45.   Office for National Statistics:  
2.45.1. National Health Service Central Registe r. 
2.46.   Office of the Parliamentary Commissioner for Administration and Health Service 
Commissioners;  
2.47.   Paymaster General's Office;  
2.48.   Postal Business of the Post Office;  
2.49.   Privy Council Office;  
2.50.   Public Record Office;  
2.51.   HM Revenue and Customs:  
2.51.1. The Revenue and Customs Prosecutions Office.  
2.52.   Royal Hospital, Chelsea;  
2.53.   Royal Mint;  
2.54.   Rural Payments Agency;  
2.55.   Scotland, Auditor -General;  
2.56.   Scotland, Crown Office and Procurator Fiscal Service;  
2.57.   Scotland, General Register Office;  
2.58.   Scotland, Queen's and Lord Treasurer's Remembrancer ; 
2.59.   Scotland, Registers of Scotland;  
2.60.   The Scotland Office;  
2.61.   The Scottish Ministers:  
2.61.1. Architecture and Design Scotland;  GPA/ACC/GBR/16  
 
- 7 - 
 
  2.61.2. Crofters Commission;  
2.61.3. Deer Commission for Scotland;  
2.61.4. Lands Tribunal for Scotland;  
2.61.5. National Galleries of Scotland;  
2.61.6. National Library of Scotland;  
2.61.7. National Museums of Scotland;  
2.61.8. Royal Botanic Garden, Edinburgh;  
2.61.9. Royal Commission on the Ancient and Historical Monuments of Scotland;  
2.61.10.  Scottish Further and Higher Education Funding Council;  
2.61.11.  Scottish Law Commission;  
2.61.12.  Community Health Partnerships;  
2.61.13.  Special Health Boards;  
2.61.14. Health Boards;  
2.61.15.  The Office of the Accountant of Court;  
2.61.16.  High Court of Justiciary;  
2.61.17.  Court of Session;  
2.61.18.  HM Inspectorate of Constabulary;  
2.61.19.  Parole Board for Scotland;  
2.61.20.  Pensions Appeal Tribunals;  
2.61.21.  Scottish Land Court;  
2.61.22.  Sheriff Courts;  
2.61.23.  Scottish Police Services Authority;  
2.61.24.  Office of the Social Security Co mmissioners;  
2.61.25.  The Private Rented Housing Panel and Private Rented Housing Committees;  
2.61.26.  Keeper of the Records of Scotland.  
2.62.   The Scottish Parliamentary Body Corporate;  
2.63.   HM Treasury:  
2.63.1. Office of Government Commerce;  
2.63.2. United Kingdom Debt Management Office.  
2.64.   The Wales Office - Office of the Secretary of State for Wales;  
2.65.   The Welsh Ministers:  
2.65.1. Higher Education Funding Council for Wales;  
2.65.2. Local Government Boundary Commission for Wales;  
2.65.3. The Royal Commission on the Ancient and Historical Monuments of Wales;  
2.65.4. Valuation Tribunals - Wales;  
2.65.5. Welsh National Health Service Trusts and Local  Health Boards;  
2.65.6. Welsh Rent Assessment Panels.  
Notes to Annex 1  
1. The following shall not be considered as covered pr ocurement:  
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;  
b. procurement by procuring entities covered under this Annex of good or service 
compon ents 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.  
2. 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.  GPA/ACC/GBR/16  
 
- 8 - 
 
  3. "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.  
4. 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.  
 GPA/ACC/GBR/16  
 
- 9 - 
 
  ANNEX 2  
SUB-CENTRAL GOVERNME NT 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.  
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 Gene ral 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.  
2. All contracting authorities which are bodies governed by public law, f or England, W ales and 
Northern Ireland,  as defined by the Public Contracts Regulations 2015 and, for Scotland, the Public 
Contracts (Scotland) Re gulations 2 015. 
a. "Bodies governed by public law" as defined by the Public Co ntracts 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;  GPA/ACC/GBR/16  
 
- 10 - 
 
  ii. is subject to management supervision by any such authority or body; or  
iii. has an administrative, manage rial 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.  
  GPA/ACC/GBR/16  
 
- 11 - 
 
   
INDICATIVE LISTS OF CONTRACTING AUTHO RITIES WHICH ARE BOD IES 
GOVERNED BY PUBLIC L AW 
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. Commiss ion 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:  
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 Anne x 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;  
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 servi ces 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 administra tive 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 reg ard of goods, GPA/ACC/GBR/16  
 
- 12 - 
 
  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 a ccess to United Kingdom goods , suppliers, services and service providers to their own 
procurement  markets.  
2. 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 o perate discriminatory measures in favour of certain domestic small and 
minority businesses.   
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 ti me 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 th reshold applied for the same 
category of contracts awarded by these Parties.  GPA/ACC/GBR/16  
 
- 13 - 
 
  ANNEX 3  
OTHER ENTITIES  
Thresholds:  
Goods       SDR 400,000  
 
Services      SDR 400,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
1. 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 undertakings1 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 s upply 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 networks2 providing a service to the public i n the field of 
transport by urban railway, automated systems, tramway, trolley bus, bus or cable;  
                                                
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 e xercise, 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.  
Accor ding 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 ind irectly:  
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 a vailable or the frequency of the service.  GPA/ACC/GBR/16  
 
- 14 - 
 
  f. the provision or operation of networks providing a service to the public in the field of 
transport by railways.3 
2. Indicative lists of contracting authorities and public undertakings fulfilling the criteria set out 
above follow.  
  
                                                
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.  GPA/ACC/GBR/16  
 
- 15 - 
 
   
INDICATIVE LISTS OF CONTRACTING AUTHORIT IES AND PUBLIC UNDER TAKINGS 
FULFILLING THE CRITE RIA LAID DOWN UNDER ANNEX 3  
A. PRODUCTION, TRANSPOR T 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;  
3. The Department for Regional Develop ment (Northern Ireland).  
B. PRODUCTION, TRANSPOR T OR DISTRIBUTION OF  ELECTRICITY  
1. A person licensed under section 6 of the Electricity Act 1989;  
2. A person licensed under Article 10(1) of the Electricity (Northern Ireland) Order 1992;  
3. National  Grid Electricit y Transmission plc;  
4. System Operation Northern Ireland Ltd;  
5. Scottish & Southern Energy plc;  
6. SPTransmission plc.  
C. AIRPORT INSTALLATION S 
1. A local authority which exploits a geographical area for the purpose of providing airport or 
other terminal facilities t o carriers by air;  
2. An airport operator within the meaning of the Airports Act 1986 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 P ORT OR OTHER TERMINA L 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 Act 1964;  
3. British Waterways Board;  
4. A harbour authority as defined by section 38(1) of the Harbours Act (Northern Ireland) 1970.  
E. UTILITIES  IN THE FIE LD OF URBAN RAILWAY,  TRAMWAY, TROLLEYBUS  OR BUS 
SERVICES  
1. London Regional Transport;  
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 Act 1999;  
5. Strath clyde Passenger Transport Executive;  
6. Greater Manchester Passenger Transport Executive;  
7. Tyne and Wear Passenger Transport Executive;  
8. Brighton Borough Council;  
9. South Yorkshire Passenger Transport Executive;  
10. South Yorkshire Supertram Limited;  
11. Blackpool Transp ort Services Limited;  
12. Conwy County Borough Council;  
13. 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 s ection 156(2) of that Act or in pursuance of a transport subsidiary's agreement 
as defined in section 169 of that Act;  GPA/ACC/GBR/16  
 
- 16 - 
 
  14. 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.  
F. UTILITIES  IN THE FIELD OF RAI L SERVICES  
1. Network Rail plc;  
2. Eurotunnel plc;  
3. Northern Ireland Transport Holding Company;  
4. Northern Ireland Railways Company L imited;  
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 c ompetitive 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:  
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 specia l 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.  
3. The supply of drinking water or electricity to networks which provide a service to the publ ic 
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.  
4. I. Provided that the conditions in paragraph II are met, this Agreement does not cover 
procurement:  
a. by a procuring entity to an affiliated undertaking4; 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 
                                                
4 "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 infl uence of another undertaking by virtue 
of ownership, financial participation, or the rules which govern it.  GPA/ACC/GBR/16  
 
- 17 - 
 
  for the preceding three years derives r espectively from the provision of such services or supplies to 
undertakings with which it is affiliated.5  
5. 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 con cerned 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.  
6. The following shall not be considered as covered procurem ent: 
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 u nder 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;  
e. procurement by procuring entities operating in the field of airport facilities covered under 
this Annex in regard of suppliers and service prov iders 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;  
                                                
5 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.  GPA/ACC/GBR/16  
 
- 18 - 
 
  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 them selves 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 an d 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, 8 5015390, 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 procuri ng 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 airpo rt 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 Zeal and, 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.  
 
7. 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 ente rprises 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.  
8. The following shall not be con sidered 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:  GPA/ACC/GBR/16  
 
- 19 - 
 
  i. H.S. 44.06 Railway or tramway sleepers of (cross -ties) wood;  
ii. H.S. 68.10 Railway or tra mway 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 c rossing 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 equ ipment 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 al l 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);  
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 
equipme nt, 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 Kin gdom 
suppliers, supplies , service providers and services.  
 GPA/ACC/GBR/16  
 
- 20 - 
 
  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 stone; plastering materials, lime  
and cement;  
2. Chapter 26:     Metallic o res, slag and ash;  
3. Chapter 27:     Mineral fuels, mineral oils and products of their  distillation ;  
bituminous substances; mineral waxes,  except:  
a. ex 27.10:    special engine fuels.  
4. Chapter 28:     Inorganic chemicals; organic and inorganic compounds of  
precious metals, of rare -earth metals,  
of radioactive elements or of isotopes, except:  
a. ex 28.09:    explosives;  
b. ex 28.13:    explosives;  
c. ex 28.14:    tear gas;  
d. ex 28.28:    explosives;  
e. ex 28.32:    explosives;  
f. ex 28.39:    explosives;  
g. ex 28.50:    toxic products;   
h. ex 28.51:    toxic products;  
i. ex 28.54    explosives.  
5. Chapter 29:     Organic chemicals, except:  
a. ex 29.03:    explosives;  
b. ex 29.04:    explosives;  
c. ex 29.07:    explosives;  
d. ex 29.08:    explosives;  
e. ex 29.11:    explosives;  
f. ex 29.12:    explosives;  
g. ex 29.13:    toxic products;  
h. ex 29.14:    toxic products;  
i. ex 29.15:    toxic products;  
j. ex 29.21:    toxic products;  
k. ex 29.22:    toxic products;  
l. ex 29.23:    toxic products;  
m. ex 29.26:    explosives;  
n. ex 29.27:    toxic products;  
o. ex 29.29:    explosives.  
6. Chapte r 30:    Pharmaceutical products;  
7. Chapter 31:     Fertilisers ; 
8. Chapter 32:     Tanning and dyeing extracts; tannin gs and their derivatives;  
dyes, colours, paints and varnishes, putty, fillers  
and stoppings, inks;  
9. Chapter 33:     Essential oils and resinoids; perfumery, cosmetic or  
toilet preparations;  GPA/ACC/GBR/16  
 
- 21 - 
 
  HS Chapter    Description  
10. 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 "; 
11. Chapter 35:     Albuminoidal substances, glues, enzymes;  
12. Chapter 37:     Photographic and cinematographic goods;  
13. Chapter 38:     Miscellaneous chemical products, except:  
a. ex 38.19:    toxic products.  
14. Chapter 39:     Artificial resins and p lastic materials, cellulose esters and  
esters, articles thereof except:  
a. ex 39.03:    explosives.  
15. Chapter 40:     Rubber , synthetic rubber, factices, and articles thereof  
except:  
a. ex 40.11:    bullet -proof tyres.  
16. Chapter 41:     Raw hides and skins (other than fur  skins) and leather;  
17. Chapter 42:     Articles of leather , saddlery and harness , travel goods,  
handbags and similar containers, articles of animal gut  
(other than silkworm gut);  
18. Chapter 43:     Furskins and artificial fur , manufactures thereof;  
19. Chapter 44:     Wood and articles of wood , wood charcoal;  
20. Chapter 45:     Cork and articles of cork;  
21. Chapter 46:     Manufactures of straw of esparto and of other plaiting  
materials, basket ware and wickerwork;  
22. Chapter 47:     Paper -making material;  
23. Chapter 48:     Paper and paperboard; articles of paper pulp, of paper or of 
paperboard;  
24. Chapter 49:     Printed books, newspapers, pictures and other  products of  
the printing industry, manuscripts, typescripts and plans;  
25. Chapter 65:     Headgear and parts thereof;  
26. Chapter 66:     Umbrellas, sun shades , walking -sticks, whips, riding -crops  
and parts thereof;  
27. Chapter 67:     Prepared feathers and down and articles made of feathers or  
of down, artificial flowers, articles of human hair;  
28. Chapter 68:     Articles of stone, of  plaster, of  cement, of asbestos, of  mica 
and of similar materials;  
29. Chapter 69:     Ceramic products;  
30. Chapter 70:     Glass and glassware;  
31. Chapter 71:     Pearls, precious or semi -precious stones, precious  metals , 
rolled precious metal s, and articles thereof ; imitation  
jewellery ; 
32. Chapter 7 3:    Iron and steel  and articles thereof;  
33. Chapter 74:     Copper and articles thereof;  
34. Chapter 75:     Nickel and articles thereof;  
35. Chapter 76:     Aluminium and articles thereof;  
36. Chapter 77:     Magnesium and beryllium and articles thereof;  
37. Chapter 78:     Lead and articles ther eof; 
38. Chapter 79:     Zinc and articles thereof;  
39. Chapter 80:     Tin and articles thereof;  GPA/ACC/GBR/16  
 
- 22 - 
 
  HS Chapter    Description  
40. Chapter 81:     Other base metals  employed in metallurgy and articles  
thereof;  
41. Chapter 82:     Tools, implements, cutlery, spoons and forks, of base metal , 
parts thereof of base metal, except:  
a. ex 82.05:    tools;  
b. ex 82.07:    tools, parts.  
42. Chapter 83:     Miscellaneous articles of base metal;  
43. Chapter 84:     Boilers, machinery and mechanical  appliances , parts thereof,  
except:  
a. ex 84.06:    engines;  
b. ex 84.08:    other engines;  
c. ex 84.45:    machinery;  
d. ex 84.53:    automatic data -processing machines;  
e. ex 84.55:    parts of machines under heading No 84.53;  
f. ex 84.59    nuclear reactors.  
44. Chapter 85:     Electrical machinery and equipment , parts thereof,  
except:  
a. ex 85.13:    telecommunication equipment;  
b. ex 85.15:    transmission apparatus.  
45. Chapter 86:     Railway and tramway locomotives, rolling -stock and  
parts thereof; railway and tramway track s fixtures and fittings , 
traffic signalling equipment of all kinds (not electrically 
powered), except:  
a. ex 86.02:    armoured locomotives, electric;  
b. ex 86.03:    other armoured locomotives;  
c. ex 86.05:    armoured wagons;  
d. ex 86.06:    repair wagons;  
e. ex 86.07:    wagons.  
46. Chapter 87:     Vehicles , other than railway or tramway rolling -stock,  
and parts thereof, except:  
a. ex 87.08:    tanks and other armoured vehicles;  
b. ex 87.01:    tractors;  
c. ex 87.02:    military vehicles;  
d. ex 87.03:    breakdown lorries;  
e. ex 87.09:    motorcycles;  
f. ex 87.14:    trailers.  
47. Chapter 89:     Ships, boats and floating structures, except:  
a. ex 89.01 A:    warships.  
48. Chapter 90:     Optical, photographic, cinematographic, measuring, checking,  
precision, medical and surgical instruments and apparatus,  
parts and accessories thereof, excep t: 
a. ex 90.05:    binoculars;  
b. ex 90.13:    miscellaneous instruments, lasers;  
c. ex 90.14:    telemeters;  
d. ex 90.28:    electrical and electronic measuring instruments;  
e. ex 90.11:    microscopes;  
f. ex 90.17:    medical instruments;  
g. ex 90.18:    mechano -therapy appliances;  
h. ex 90.19:    orthopaedic appliances;  
i. ex 90.20:    X-ray apparatus . 
49. Chapter 91:     Manufacture of watches and clocks ;  
50. Chapter 92:     Musical instruments , sound recorders or reproducers,  
television image and sound recorders or reproducers, parts  
and accessories of such articles;  GPA/ACC/GBR/16  
 
- 23 - 
 
  HS Chapter    Description  
51. Chapter 94:     Furniture  and parts thereof ; bedding, mattresses,  mattress  
supports, cushions and similar stuffed  furnishings , except:  
a. ex 94.01 A:    aircraft seats.  
52. Chapter 9 5:    Articles and manufactures of carving or moulding material;  
53. Chapter 96:     Brooms, brushes, powder -puffs and sieves;  
54. Chapter 98:     Miscellaneous manufactured articles.  GPA/ACC/GBR/16  
 
- 24 - 
 
  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/1201: 
 
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  
 services2 
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, 8663 
and related services  
11. Architectural services;     867 
engineering services  
and integrated engi neering  
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 ma nagement services    82201 -82206   
                                                
1 Except for services which entities have to procure from another entity pursuant t o an exclusive right 
established by a published law, regulation or administrative provision.  
2 Except for the procurement or acquisition of fiscal agency or depository services, liquidation, and 
management services for regulated financial institutions or s ervices related to the sale, redemption and 
distribution of public debt, including loans and government bonds, notes and other securities.  
3 Except arbitration and conciliation services.  GPA/ACC/GBR/16  
 
- 25 - 
 
  Description      CPC Prov. Reference No.  
14. 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.  
 GPA/ACC/GBR/16  
 
- 26 - 
 
  ANNEX 6  
CONSTRUCTION SERVICE S AND WORKS CONCESSI ONS 
List of Construction Services (Division 51, CPC Prov.):  
1  CONSTRUCTION SERVICE S 
All services listed in Division 51, as contained in document MTN/GNS/W/120.  
 
2  WORKS CONCESSIONS  
Works conce ssions 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 Mon tenegro, 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 o f 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.  GPA/ACC/GBR/16  
 
- 27 - 
 
  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 GPA/ACC/GBR/16  
 
- 28 - 
 
  Group  Class  Subclass  Title Corresponding 
ISCI 
 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  Wood 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 GPA/ACC/GBR/16  
 
- 29 - 
 
  ANNEX 7  
GENERAL NOTES  
1. This Agreement does not cover:  
a. procurement of agricultural products made in furtherance of agricultural support 
programmes and human feeding programmes (e.g. food aid including urgent relief aid); 
and 
b. procurement for the acquisition, development, production or co -production of programme 
material by broadcasters and contracts for broadcasting time.  
2. 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.  
3. 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 Anne x 3 follows. 
  GPA/ACC/GBR/16  
 
- 30 - LIST OF TERRITORIAL UNITS  
Territorial Unit 1  Territorial Unit 2  Territorial Unit 3  
 
North East (England)  Tees Valley and Durham  Hartlepool and Stockton -on-Tees 
 South Teeside  
 Darlington  
 Durham County Council  
Northumberland and Tyne and Wear  Northumberland  
 Tyneside  
 Sunderland  
North West (England)  Cumbria  West Cumbria  
 East Cumbria  
Cheshire  Warrington  
 Cheshire East  
 Cheshire West and Chester  
Greater Manchester  Greater Manchester South East  
 Greater Manchester South West 
 Greater Manchester North East  
 Greater Manchester North West  
 Manchester  
Lancashire  Blackburn with Darwen  
 Blackpool  
 Chorley and West Lancashire  
 East Lancashire  
 Mid Lancashire  
 Lancaster and Wyre  
Merseyside  East Merseyside  
 Liverpool  
 Sefton  
 Wirral  
Yorkshire and the Humber  East Yorkshire and Northern Lincolnshire  City of Kingston upon Hull  
 East Riding of Yorkshire  
 North and North East Lincolnshire  
North Yorkshire  York 
 North Yorkshire County Council  
South Yorkshire  Barnsley, Doncaster and Rotherham  
 Sheffield  
West Yorkshire  Bradford  
 Leeds  
 Calderdale and Kirklees  
 Wakefield   
  GPA/ACC/GBR/16  
 
- 31 - Territorial Unit 1  Territorial Unit 2  Territorial Unit 3  
 
East Midlands (England)  Derbyshire and Nottinghamshire  Derby  
 East Derbyshire  
 South and West Derbyshire  
 Nottingham  
 North Nottinghamshire  
 South Nottinghamshire  
Leicestershire, Rutland and Northamptonshire  Leicester  
 Leicestershire County Council and Rutland  
 West Northamptonshire  
 North Northamptonshire  
Lincolnshire  Lincolnshire  
West Midlands (England)  Herefordshire, Worcestershire and Warwickshire  County of Herefordshire  
 Worcestershire  
 Warwickshire  
Shropshire and Staffordshire  Telford and Wrekin  
 Shropshire County Council  
 Stoke -on-Trent  
 Staffordshire County Council  
West Midlands  Birmingham  
 Solihull  
 Coventry  
 Dudley  
 Walsall  
 Sandwell  
 Wolverhampton  
East of England  East Anglia  Norwich and East Norfolk  
 North and West 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  
 West Essex  
 Southend -on-Sea 
 Thurrock   
  GPA/ACC/GBR/16  
 
- 32 - Territorial Unit 1  Territorial Unit 2  Territorial Unit 3  
 
London  Inner London - West Camden and City of London   
 Kensington & Chelsea and Hammersmith & Fulham   
 Wandsworth  
 Westminster   
Inner London - East Haringey and Islington   
 Hackney and Newham   
 Lambeth   
 Lewisham and Southwark   
Outer London – East and North East  Tower Hamlets   
 Bexley and Greenwich   
 Enfield   
 Redbridge and Waltham Forest   
Outer London - South  Bromley   
 Croydon   
 Merton, Kingston upon Thames and Sutton   
Outer London – West and North West  Barnet   
 Brent   
 Ealing   
 Harrow and Hillingdon   
 Hounslow and Richmond upon Thames   
South East (England)  Berkshire, Buckinghamshire and Oxfordshire  Berkshire  
 Milton Keynes  
 Buckinghamshire County Council  
 Oxfordshire  
Surrey, East and West Sussex  Brighton and Hove  
 East Surrey  
 East Sussex County Council  
 West Surrey  
 West Sussex (North East)  
 West Sussex (South West)  
Hampshire and Isle of Wight  Portsmouth  
 Southampton  
 Isle of Wight  
 Central Hampshire  
 South Hampshire  
 North Hampshire  
Kent Kent Thames Gateway  
 Mid Kent  
 West Kent  
 East Kent  
 Medway   
  GPA/ACC/GBR/16  
 
- 33 - Territorial Unit 1  Territorial Unit 2  Territorial Unit 3  
 
South West (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 Poole  
 Dorset County Council  
 Somerset  
Cornwall and Isles of Scilly  Cornwall and Isles of Scilly  
Devon  Plymouth  
 Torbay  
 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  
 West Lothian  
Highlands and Islands  Caithness & Sutherland and Ross & Cromarty  
 Inverness & Nairn and Moray, Badenoch & Strathspey  
 Lochaber, Skye & Loachals, Arran & Cumbrae and 
Argyll & Bute  
 Eilean Siar (Western Isles)  
 Orkney Islands  
 Shetland Islands  
North Eastern Scotland  Aberdeen City and Aberdeenshire  
Western Scotland  East Dunbartonshire, West Dunbartonshire and 
Helensburgh & Lomond  
 Glasgow City  
 Inverclyde, East Renfrewshire and Renfrewshire  
 North Lanarkshire  
Southern Scotland  Dumfries & Galloway  
 East Ayrshire and North Ayrshire mainland  
 South Ayrshire  
 South Lanarkshire  
Wales  West Wales  Isle of Anglesey  
 Gwynedd  
 Conwy and Denbighshire  
 South West Wales   
  GPA/ACC/GBR/16  
 
- 34 - Territorial Unit 1  Territorial Unit 2  Territorial Unit 3  
 
 Central Valleys  
 Gwent Valleys  
 Bridgend and Neath Port Talbot  
 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  
 Derry City and Strabane  
 Mid Ulster  
 Causeway Coast and Glens  
 Antrim and Newtonabbey  
 Lisburn and Castelreagh  
 Mid and East Antrim  
 Fermanagh and Omagh  
 
 
__________