The duty owed in accordance with regulation 100(1) (duty owed to economic operators, including from countries with whom the EU has an international agreement other than the GPA) 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.

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