| Valores de umbral aplicables a: | DEG | GBP |
|---|---|---|
| Bienes | 400.000 | 429.809 |
| Servicios | 400.000 | 429.809 |
| Servicios de construcción | 5.000.000 | 5.372.609 |
| Monedas nacionales | ||
1 All utilities whose procurement is covered by the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016 which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings1 and which have as one of their activities any of those referred to below or any combination thereof: mostrar más/menos
a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;
b the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;
c the provision of airport or other terminal facilities to carriers by air;
d the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;
e the provision or operation of networks2 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;
f the provision or operation of networks providing a service to the public in the field of transport by railways.3
- INDICATIVE LISTS OF CONTRACTING AUTHORITIES AND PUBLIC UNDERTAKINGS FULFILLING THE CRITERIA LAID DOWN UNDER ANNEX 3
- 4 A subsidiary of Transport for London within the meaning of section 424(1) of the Greater London Authority Act 1999;
- 12 A person who provides a London local service as defined in section 179(1) of the Greater London Authority Act 1999 (a bus service) in pursuance of an agreement entered into by Transport for London under section 156(2) of that Act or in pursuance of a transport subsidiary's agreement as defined in section 169 of that Act;
- 14 A person who holds a bus operator's licence under section 4(1) of the Transport Act (Northern Ireland) 1967 which authorises him to provide a regular service within the meaning of that licence.
1 Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.
2 This Agreement does not cover procurement by procuring entities included in this Annex: mostrar más/menos
a for the purchase of water and for the supply of energy or of fuels for the production of energy;
b for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities outside of the United Kingdom;
c for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.
3 The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of paragraphs (a) or (b) of this Annex where: mostrar más/menos
a the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs (a) to (f) of this Annex; and
b supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.
4 I. Provided that the conditions in paragraph II are met, this Agreement does not cover procurement: mostrar más/menos
a by a procuring entity to an affiliated undertaking4, or
b by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to an undertaking which is affiliated with one of these procuring entities.
II. Paragraph I shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated5.
5 This Agreement does not cover procurement: mostrar más/menos
a by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs (a) to (f) of this Annex, to one of these procuring entities, or
b by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.
6 The following shall not be considered as covered procurement: mostrar más/menos
a procurement by procuring entities operating in the fields of: mostrar más/menos
i production, transport or distribution of drinking water covered under this Annex;
ii production, transport or distribution of electricity covered under this Annex;
iii airport facilities covered under this Annex;
iv maritime or inland port or other terminal facilities covered under this Annex; and
v urban railway, tramway, trolley bus or bus services covered under this Annex in regard of supplies, services, suppliers and service providers from Canada;
b procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers from the United States;
c procurement by procuring entities operating in the field of maritime or inland port or other terminal facilities covered under this Annex of dredging services or related to shipbuilding in regard of suppliers and service providers from the United States;
d procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;
e procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of suppliers and service providers from the United States and Korea;
f procurement by procuring entities operating in the field of urban railway, tramway, trolleybus or bus services covered under this Annex in regard of suppliers and service providers from the United States;
g procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;
h procurement by procuring entities operating in the field of railways covered under this Annex in regard of goods, suppliers, services and service providers from Armenia; Canada; Japan; the United States; Hong Kong, China; Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;
i procurement by procuring entities operating in the field of high-speed railways and high-speed railways infrastructure in regard of goods, suppliers, services and service providers from Korea;
j procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered procurement in regard of suppliers and service providers from the United States;
k procurement by procuring entities operating in the field of production, transport or distribution of electricity covered under this Annex in regard of suppliers and services providers from Japan;
l procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in regard of suppliers from Korea;
m procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 85012099, 85015299, 85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in regard of suppliers from Israel;
n procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel;
o procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of supplies, services and service providers from New Zealand;
p procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;
q procurement by procuring entities operating in the field of the provision of maritime or inland port or other terminal facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;
r procurement by regional or local contracting authorities operating in the fields covered by this Annex, in regard of supplies, services, and service providers from New Zealand, with the exception of procurement by contracting authorities of administrative units listed under Territorial Units 1 and 2 as described in Note 3 of the General Notes in Annex 7 operating in the field of transport by urban railway, automatic systems, tramway, trolley bus, bus and cable;
s procurement by procuring entities operating in the fields of: mostrar más/menos
i production, transport or distribution of drinking water covered under this Annex;
ii production, transport or distribution of electricity covered under this Annex;
iii airport facilities covered under this Annex;
iv maritime or inland port or other terminal facilities covered under this Annex;
v urban railway, tramway, trolley bus or bus services covered under this Annex; and
vi transport by railways covered under this Annex.
in regard of supplies, services, suppliers and service providers from Australia.
until such time, the United Kingdom has accepted that the Parties concerned provide satisfactory reciprocal access to United Kingdom goods, suppliers, services and service providers to their own procurement markets.
7 The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises as defined in Regulation 112(4) of the Public Contracts Regulations 2015, until such time as the United Kingdom accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses. The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by United Kingdom entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.
8 The following shall not be considered as covered procurement: mostrar más/menos
a procurement by procuring entities operating in the field of urban transport covered under this Annex of the following goods and services: mostrar más/menos
i H.S. 44.06 Railway or tramway sleepers of (cross-ties) wood;
ii H.S. 68.10 Railway or tramway sleepers of concrete and concrete guide-track sections for hovertrains;
iii H.S. 73.02 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails;
iv H.S. 85.30.10 Electrical signalling, safety or traffic control equipment for railways, tramways;
v H.S. Chapter 86 - Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds;
vi Construction work for civil engineering for railways falling under CPC prov. 51310 (Construction work for civil engineering for highways (except elevated highways), streets, roads, railways and airfield runways) (as contained in document MTN/GNS/W/120);
vii Construction work for civil engineering for railway tunnels and subways falling under CPC prov. 51320 (Construction work for civil engineering for bridges, elevated highways, tunnels and subways) (as contained in document MTN/GNS/W/120);
viii Repair and maintenance services of locomotives (including reconditioning), rolling stock (including reconditioning), railway tracks, traffic signals and installation services of railway engines falling under CPC prov. 88680 (Repair services of other transport equipment, on a fee or contract basis) (as contained in document MTN/GNS/W/120);
in regard of suppliers and service providers from Japan, until such time as the United Kingdom has accepted that Japan has fully open its procurement of urban transport to United Kingdom suppliers, supplies, service providers and services.
1 According to the Utilities Contracts Regulations 2016, a "public undertaking" means any undertaking over which contracting authorities may exercise directly or indirectly a dominant influence by virtue of:
a) their ownership of that undertaking;
b) their financial participation in that undertaking; or
c) the rules which govern that undertaking.
According to the Utilities Contracts (Scotland) Regulations 2016, a "public undertaking" means a person over which one or more contracting authorities are able to exercise, directly or indirectly, a dominant influence by virtue of one or more of the following:
a) their ownership of that person;
b) their financial participation in that person;
c) the rights accorded to them by the rules which govern that person.
According to both the Utilities Contracts Regulations 2016 and the Utilities Contracts (Scotland) Regulations 2016, a dominant influence on the part of contracting authorities is presumed in any of the following cases in which those authorities, directly or indirectly:
a) hold the majority of the undertaking's subscribed capital;
b) control the majority of the votes attaching to shares issued by the undertaking;
c) can appoint more than half of the undertaking's administrative, management or supervisory body.
2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of the United Kingdom such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.
3 E.g. the provision or operation of networks (within the meaning of footnote 4) providing a service to the public in the field of transport by high-speed or conventional trains.
4 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
5 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.
