Where a relevant international trade agreement applies to a procurement, a utility within the meaning of regulation 4(1)(a) (utilities) must 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.

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).