Tomorrow's Silk Road by unknow

Author:unknow
Language: eng
Format: epub
ISBN: 9781786607881
Publisher: CEPS

Footnotes

108 The six Appendix 1 offers were submitted by China in December 2007, July 2010, November 2011, November 2012, December 2013 and December 2014, respectively.

109 The GPA is negotiated at two levels, i.e. plurilateral and bilateral. For the former, the question is for all current GPA Parties and China to reach an agreement as to the entities and types of procurement that China will offer to comply with the GPA provisions. For the latter, in the context of EU-China trade relations, it aims to improve market access for the supply of goods, services and works from EU to China and, at the same time, to establish a transparent, accountable and efficient acquisition process to ensure an environment of ‘value-for-money’ for Chinese consumers/taxpayers. In an FTA, one would expect the formal extension of the open and competitive regime of the EU to Chinese firms, also when bidding from China itself.

110 For example, Art. 10 of China’s Government Procurement Law stipulates “buy national” for all types of procurement, goods, services and works. At the same time, the Implementing Regulations of the Government Procurement Law do not distinguish between foreign and domestic suppliers; neither does the Tendering and Bidding Law, which is applicable to procurement of construction works, including construction-related procurement of materials and equipment. In reality, as reflected in each WTO Trade Policy Review on China (2008-2016), the Chinese government has asserted that it has applied non-discriminatory and equal treatment in government procurement and that it routinely purchases foreign products, but that no statistics in this respect were available. See also Annex II. Public Procurement in China and the EU.

111 Available from the China FTA Network website (http://fta.mofcom.gov.cn).

112 The text of the China-Georgia FTA and the China-Maldives are not yet published at the time of writing.

113 See Annex II for a detailed analysis on China’s public procurement regime.

114 A Brief Summary of National Government Procurement in 2014, Ministry of Finance, 30 July 2015. Available at http://gks.mof.gov.cn/redianzhuanti/zhengfucaigouguanli/201507/t20150730_1387257.html. Nonetheless, this figure covers only procurement by government departments, institutions and public organisations using regular budget funds, for goods, construction and services listed in the Centralised Procurement Catalogue or above certain thresholds for procurement using other financial resources. The figure does not include procurement by SOEs, which according to China’s Government Procurement Law does not fall under the definition of government procurement.

115 Available at http://ec.europa.eu/trade/policy/accessing-markets/public-procurement/.

116 Art. 1, Government Procurement Law.

117 The new instrument will only be applicable to procurement contracts above a certain threshold. Also, the scope of application can be limited to certain suppliers from the third country concerned, and its implementation to a select group of contracting authorities in each member state. For other details of the proposal, see “European Commission Takes Action to Open up International Procurement Markets”, Press Release, Brussels, 29 January 2016.

118 Also, compared to its initial offer when China requested a 15-year grace period for implementing the GPA after accession, the country in its fourth offer decided to reduce the grace period to 5 years and insisted to maintain its right to negotiate for transitional arrangements with regard to relevant obligations.

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