The impact of Brexit on the admission of UK economic operators to public procurement procedures

With the judgment in question, the Tar Piemonte ruled on the access of companies with registered office in the United Kingdom to the procedures for the award of public contracts and concessions with a value below the thresholds of Community importance.

The College recalled that the access of these undertakings to the procurement market excluded from the scope of EU law is not prohibited but is only “not guaranteed” and that, therefore, it must be verified on a case-by-case basis whether this option has been exercised by the contracting authority. The TAR said that the UK’s accession to the World Trade Organisation (WTO) Agreement on Government Procurement (JPA) and the EU-UK Government Procurement Cooperation Agreement give UK goods, services and suppliers no less favourable treatment than the EU treats its suppliers. On the other hand, as regards contracts not covered by these agreements, such as sub-threshold contracts, united kingdom economic operators have the same status as all other economic operators based in third countries, with which the European Union does not have agreements providing for the opening of the European Union procurement market; the access of such undertakings to the procurement market excluded from the scope of EU law is therefore not prohibited but only not guaranteed; the tender documentation must therefore be analysed to verify whether the contracting authority has adopted exclusionary provisions.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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