Portal Institucional del Ministerio de Hacienda
It would apply, as provided by Title VIII of the draft Agreement, the European regulations governing Public Procurement to those procedures initiated before the transition period and not completed before the last day of the period.
Without prejudice to the application of any restriction in accordance with Union law, the principle of non-discrimination must be safeguarded by the contracting bodies of both parties to the Agreement.
In general, a procedure will be considered to have started when the contract notice has been published.
In general, the procedure will be considered finalized with the publication of the contract award notice in accordance with the applicable regulations.
There will not be a transition period and, from that day on, the United Kingdom will become third country, without being able to benefit from the acquis communautaire.
Generally speaking, economic operators in the United Kingdom will have the same status as all other economic operators based in a third country with which the EU has no agreement foreseeing the opening of the EU contracting market.
Nothwithstanding the above, those economic operators that when the UK’s exit of the EU takes place are participating in a public procurement procedure in Spain, if this procedure was launched before this date, these economic operators will be subject to the same rules as EU economic operators as long as, pursuant to the reciprocity principle, Spanish economic operators are treated in the same way.
It will have to be adapted to the United kingdom legislation.
The rules applicable to third countries that maintain a commercial relationship with the European Union will be applied in European trade with the United Kingdom as of March 29th, 2019. It would be applied the provisions of Article 68 of Law 9/2017, of November 8th, of Public Sector Contracts, by which the European Parliament and Council Directives 2014/23 / EU and 2014/24 / EU, of February 26, 2014, are transposed into the Spanish legal system. In it the relationship with Non-Community Companies is regulated in the field of Public Procurement.
Natural or legal persons from States not belonging to the European Union or States signatory to the Agreement on the European Economic Area must justify by a report that the State of origin of the foreign company admits the participation of Spanish companies in the contracting with the entities of the public sector.
In the case of works contracts, the list of specific administrative clauses may require non-EU companies that are successful bidders to open a branch in Spain, with the designation of agents or representatives for their operations, and that are registered in the Commercial Registry.
The United Kingdom is currently negotiating within the WTO its adherence to the GPA in order to guarantee its access to the market of the EU-27 and of the countries that signed the agreement. This negotiation is necessary to also guarantee the access of the EU-27 to the British market. The United Kingdom has expressed its desire to maintain the commitments of the GPA.
If the UK's accession to the GPA occurs before the Brexit materializes, the EU-27 would no longer have full access to the UK public procurement market, but it would have limited access to that market, similar to the one that the UK offers to the other parts of the GPA.
If the UK's accession to the GPA occurs after the Brexit materializes, during that period the EU-27 would have even more limited access to the British public procurement market, and vice versa. This does not mean that, de facto, both markets necessarily remain closed, but it would be necessary to adapt to the conditions established in the specifications of each tender to determine the accessibility to the market.
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