RESTRICTED  
  
GPA/ACC/GBR/10  
 
3 August 2018  
(18-4937) Page: 1/4 
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  
The following document from the United Kingdom, dated 3 August  2018, is being circulated at the 
request of the Delegation of the European Union.  
 
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REPLIES OF THE UNITE D KINGDOM TO COMMENT S AND QUESTIONS FROM  
 THE UNITED STATES (GPA/A CC/GBR/6)  ON THE MARKET ACCESS  OFFER  
OF THE UNITED KINGDO M (GPA/ACC/GBR/1)  
We thank the United States for its interest in the UK’s accession to the GPA and its comments and 
questions. The UK has prepared the following answers to these questions and is looking forward to 
further constructive dialogue with the United States and all GPA Parties.  
 
ANNEX 1 – CENTRAL GOVERNMENT E NTITIES  
1. The list of central government contractin g 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.  
The UK 's aim is to provide continuity in its trading relationships as we lea ve the EU. This means for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments. We have heard the request from parties to provide updated lists of entities for 
Annexes 1 – 3 in the UK 's draft GPA schedule. To  address these concerns, the UK intends to 
update the lists of entities in its annexes shortly after it becomes an independent party, and will be 
engaging GPA parties during the accession process to explain what changes would be made to 
these lists.  
 
2. The U nited 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 cove r nor has authority over any entity that actually procures air traffic control 
equipment?  
The UK 's aim is to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as set o ut in the EU schedule of 
commitments. This does mean that we have kept the exclusion referred to in the question. This 
completely replicates the current offer the UK has under the EU schedules, ensuring no party is 
worse off.  
 
3. Can the United Kingdom provid e information on how it applies Note 1.b.?  
In Annex 1 of the UK 's market access offer, market access is provided for central government 
contracting authorities of GPA parties. Note 1b excludes from this procurement by procuring 
entities covered under this Annex of good or service components of procurement which are not 
themselves covered by this Agreement in regard of suppliers and services providers from the 
United States and Canada until such time as the United Kingdom has accepted that the Parties 
concer ned provide satisfactory reciprocal access for the United Kingdom goods, suppliers, services GPA/ACC/GBR/10  
 
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  and service providers to their own procurement markets. This procurement will not be covered by 
the UK 's market access offer . 
 
4. Note 3 states that "'Contracting aut horities 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 Union, Liechtenstein, Switzerland, Iceland, 
Norway, and The Netherlands with respect to Aruba. The phrase "Contracting authorities 
of the United Kingdom " does no t appear in the paragraph related to goods, services, 
suppliers and service providers of Israel; Montenegro; the Republic of Moldova; Ukraine; 
the United States; Canada; Japan; Hong Kong, China; Singapore; Korea; Armenia; the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand. 
Can the United Kingdom explain why Note 3 only applies to the first group and the 
impact of this distinction?  
The UK's aim is to provide continuity in its trading relationships as we leave the EU. This mean s for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments.  
 
Note 3 applies to all central government contracting authorities covered by Annex 1, regardless of 
whether paragraph 1 or paragraph 2 of Annex 1 a pplies to a GPA party. Subordinate entities which 
do not have separate legal personality to a body covered by Annex 1 are covered for all parties 
and in any event, subordinate entities without separate legal personality are legally part of the 
covered enti ty and do not need to be separately listed.  
 
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 subordinate entities have a separate legal personality from the lead 
entity?  
The UK 's Annex 1 list does include some entities that have separate legal personality to a body 
that is also listed in the Annex 1 list. For example, NHS Trusts have separate legal personality 
from the Department of Health.  
 
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 entity, can the United Kingdom provide information as to why it was not 
included in the list of s ubordinate entities?  
The Prime Minister 's Office is an executive office and does not have separate legal personality to 
Cabinet Office. It is covered by the UK market access offer as Cabinet Office is listed in Annex 1.  
 
ANNEX 2 – SUB-CENTRAL GOVERNMENT E NTITIES  
7. The indicative list of contracting authorities which are bodies governed by public 
law does not appear to accurately reflect current entity coverage. The United Kingdom is 
asked to prepare an updated indicative list reflecting any changes.  
The UK 's aim is to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments. We have heard the request from parties to provide updated l ists of entities for 
Annexes 1 – 3 in the UK 's draft GPA schedule. To address these concerns, the UK intends to 
update the lists of entities in its annexes shortly after it becomes an independent party, and will be 
engaging GPA parties during the accession  process to explain what changes would be made to 
these lists.  
 
8. Can the United Kingdom identify the Annex 2 entities procuring air traffic control 
equipment?  
At this stage we have not identified any entities covered by Annex 2 which procure air traffic 
control equipment.  GPA/ACC/GBR/10  
 
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9. Can the United Kingdom 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, services 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 providers that are targeted by this Note?  
The same considerations apply as under question 3.  
 
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. T he United Kingdom is asked to prepare an updated indicative list reflecting 
any changes.  
The UK 's aim is to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as set o ut in the EU schedule of 
commitments. We have heard the request from parties to provide updated lists of entities for 
Annexes 1 – 3 in the UK 's draft GPA schedule. To address these concerns, the UK intends to 
update the lists of entities in its annexes sho rtly after it becomes an independent party, and will be 
engaging GPA parties during the accession process to explain what changes would be made to 
these lists.  
 
11. We understand that under the EU system decisions regarding competitive forces 
are made by the E uropean Commission. Can the United Kingdom explain how it will 
determine whether GPA covered entities are "exposed to competitive forces " once it 
leaves the EU?  
The UK has implemented decisions made by the European Commission regarding competitive 
forces in the Public Contracts Regulations 2016 (Regulation 34) and the Public Contracts 
(Scotland) Regulations 2016 (Regulation 32). These provisions will be preserved in UK domestic 
law under the European Union (Withdrawal) Act 2018 as the UK leaves the EU. It is possible that 
this preservation may not take effect until the end of the implementation period in circumstances 
where a Withdrawal Agreement is agreed between the EU and the UK. The UK is currently 
considering its approach to the mechanism for determini ng whether entities are exposed to 
competitive forces once the UK leaves the EU and we will update GPA parties on this as soon as we 
are able to.  
 
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 cu rrently subject to the obligations of the GPA? 
Does the United Kingdom Annex 3 indicative list reflect these changes?  
Under the Utilities Directive 2004 (2004/17/EC) two exemption decisions affecting parts of the UK 
in sectors covered by the GPA were made . These concerned electricity generation in England, 
Scotland and Wales (see European Commission decision 2006/211/EC of 8 March 2006) and the 
supply of electricity and gas in England, Scotland and Wales (see European Commission Decision 
2007/141/EC 26 Feb ruary 2007). We have not identified any entities covered by Annex 3 which 
are electricity generation entities or entities in the supply of electricity and gas.  
 
The UK's aim is to provide continuity in its trading relationships as we leave the EU. This mea ns for 
the GPA that we are replicating our current commitments as set out in the EU schedule of 
commitments. This does mean that we have retained the current Annex 3 list. We have heard the 
request from parties to provide updated lists of entities for Anne xes 1 – 3 in the UK's draft GPA 
schedule. To address these concerns, the UK intends to update the lists of entities in its annexes 
shortly after it becomes an independent party, and will be engaging GPA parties during the 
accession process to explain what changes would be made to these lists.   
 GPA/ACC/GBR/10  
 
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  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?  
Beyond electricity generation and the supply of electricity and gas, there are no other Annex 3 
sectors or covered entities in the UK that the EU has determined are exposed to competitive force.  
 
ANNEX 5 – SERVICES  
14. Can the United Kingdom identify any buy local requirements o r legal restrictions 
applied on services that were excluded under the United Kingdom schedule?  
There are no buy local requirements or buy local legal restrictions applied on services that are 
excluded under the UK market access offer. As explained in the U K's response to the Checklist of 
Issues (GPA/ACC/GBR/2) contracting authorities and contracting entities are required, in relation 
to procurements covered by the UK's GPA offer, to offer to the works, services, supplies and 
economic operators of GPA states  treatment that is no less favourable than the treatment 
accorded to the works, supplies, services and economic operators of the EU. In addition, the 
general principles which apply to public procurement in the UK require contracting authorities and 
contrac ting entities to treat economic operators equally and without discrimination and to act in a 
transparent and proportionate manner. These provisions in UK domestic legislation will continue 
once the UK leaves the EU.  
 
For transparency purposes, we would lik e to inform you that, under the Utilities Contracts 
Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, contracting authorities 
and contracting entities are permitted to reject a tender submitted for the award of a supply 
contract whe re the proportion of the products originating in third countries exceeds 50% of the 
total value of the products constituting the tender. These provisions provide an option for 
contracting authorities and contracting entities when considering bids from thir d countries, i.e. 
those not covered by the UK's GPA offer or by other international agreements related to 
procurement. These provisions do not apply to procurements covered by the UK's GPA offer and 
therefore do not impact on commitments made under the GPA  to GPA parties.   
 
ANNEX 6 – CONSTRUCTION SERVICE S 
15. Can the United Kingdom explain the difference between CPC 51 and work 
concessions? Are work concessions distinct from construction services identified in 
CPC  51 or are work concessions a sub -category of construction services as classified in 
CPC 51?  
The UK 's aim is to provide continuity in its trading relationships as we leave the EU. This means for 
the GPA that we are replicating our current commitments as s et out in the EU schedule of 
commitments. Where a covered entity listed in Annexes 1 – 3 procures any of the construction 
services set out in CPC 51, these would be covered by the UK 's market access offer for a GPA 
party to the extent that the GPA party ha s covered that services under its Annex 6 (in accordance 
with the note to Annex 6). However, works concession contracts are only included in the national 
treatment regime for entities covered by Annexes 1 and 2 for the European Union, Iceland, 
Liechtenstei n, Norway, the Netherlands on behalf of Aruba, Switzerland, Montenegro and Korea 
(over the relevant threshold).  
 
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