You are in:

GOVERNMENT CONTRACTING

After the end of the transition period

What would happen to Spanish economic operators when they submit bids for tenders published by UK contracting bodies?

It has already been agreed that the UK will become a member of the WTO's Government Procurement Agreement (GPA) once the Withdrawal Agreement enters into place from 1 February 2020. Nevertheless, the date on which the GPA will enter into force for the UK is still not known, as it depends on various internal ratification procedures. It takes at least 30 days to enter into force, but it could be delayed. When it enters into force, the Spanish operators will bid for tenders in the UK under the conditions included in the GPA. From the date of Brexit to the entry into force of the GPA for the UK, the provisions of EU law will be applied in Spain.

The withdrawal by the United Kingdom from the European Union will mean that it no longer forms part of the WTO Agreement on Government Procurement (GPA). What effects will this have on access to the British government contracting market in case no agreement is reached on the future relationship in this area?

The UK has already negotiated in the WTO its adhesion to GPA to guarantee its access to the EU-27 market and that of the countries signatory to the agreement. This negotiation has also been necessary to guarantee access by the EU-27 to the British market.

On 27 February 2019, the GPA committee adopted the accession of the UK in its own right, but the accession will not enter into force in less than 30 days after the UK submits its instrument of acceptance to the WTO, once it stops being a member of the EU on 1 February 2020, this period being necessary for internal procedures in the UK.

To ensure there is no break in the GPA cover during this processing period, the British Government approved the Public Procurement (Amendment) (EU Exit) Regulations to guarantee the established rights of European companies.

What regulations will be applicable to Spanish economic operators that participate in the public procurement procedures operating on the date of application of the Withdrawal Agreement?

Provisions of EU law will be applied during the transition period. Therefore, the rules to be applied to economic operators will not vary.

Non official translation