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PART 2AMENDMENT OF UNITED KINGDOM SECONDARY LEGISLATION

Amendments to the Public Contracts Regulations 2015

2.—(1) The Public Contracts Regulations 2015(1) are amended as follows.

(2) After regulation 25A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

25B.(1) Where a relevant international trade agreement applies to a procurement, the contracting authority shall accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A..

(3) After regulation 90A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

90B.(1) The duty owed in accordance with regulation 89 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4A..

(4) After Schedule 4 (list of products relevant to thresholds), insert—

Regulation 25B and 90B

SCHEDULE 4AINTERNATIONAL TRADE AGREEMENTS

Amendments to the Concession Contracts Regulations 2016

3.—(1) The Concession Contracts Regulations 2016(2) are amended as follows.

(2) After regulation 51A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

51B.(1) The duty owed in accordance with regulation 50 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 4..

(3) After Schedule 3 (social and other specific services), insert—

Regulation 51B

SCHEDULE 4INTERNATIONAL TRADE AGREEMENTS

Amendments to the Utilities Contracts Regulations 2016

4.—(1) The Utilities Contracts Regulations 2016(3) are amended as follows.

(2) After regulation 43A (conditions relating to the GPA), insert—

Conditions relating to international agreements by which the United Kingdom is bound, other than the GPA

43B.(1) Where a relevant international trade agreement applies to a procurement, utilities within the meaning of regulation 5(1)(a) (utilities) shall accord to the works, supplies, services and economic operators of the signatories to that agreement treatment no less favourable than the treatment accorded to the works, supplies, services and economic operators of the United Kingdom.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 3..

(3) After regulation 105A (duty owed to economic operators from GPA countries), insert—

Duty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA

105B.(1) The duty owed in accordance with regulation 104 is a duty owed also to an economic operator from a country in respect of which a relevant international trade agreement applies, but only where the agreement applies to the procurement concerned.

(2) For the purposes of paragraph (1), a relevant international trade agreement applies if the procurement is covered by an agreement listed in Schedule 3..

(4) After Schedule 2 (social and other specific services), insert—

Regulation 43B and 105B

SCHEDULE 3INTERNATIONAL TRADE AGREEMENTS

(1)

S.I. 2015/102, as amended by S.I. 2016/275, S.I. 2020/1319 and S.I. 2021/573; there are other amending instruments but none is relevant.