Amendments to the Utilities Contracts Regulations 2016  “ Conditions relating to the GPA  “Duty owed to economic operators from GPA parties  4. —(1) The Utilities Contracts Regulations 2016( a ) are amended as follows.  (2) In regulation 2 (definitions), in paragraph (1)—  (3) In regulation 43 (conditions relating to the GPA and other international agreements)—  ““GPA party” means any country, state or separate customs territory that is—  “(2) Paragraph (1) is to be applied as if the United Kingdom were a member State.”.  (4) After regulation 43 insert—  (5) In regulation 105 (duty owed to economic operators from certain other states)—  (6) After regulation 105 insert—  105A. —(1) The duty owed in accordance with regulation 104 is a duty owed also to an  economic operator from a GPA party, but only where the agreement applies to the  procurement concerned.  (2) For the purposes of paragraph (1), the GPA applies to a procurement if—  (3) In this regulation, “relevant time” means—  ( a ) S.I. 2016/274, as amended by S.I. 2016/696, S.I. 2019/624 and S.I. 2020/1319.  5 (a) in the definition of “GPA”, for “between certain parties to the World Trade Organisation  signed in Marrakesh on 15th April 1994 as amended before IP completion day” substitute  “signed at Marrakesh on 15th April 1994, as amended on or before the United Kingdom’s  accession”;  (b) after the definition of “GPA” insert—  (a) listed in Schedule A1; or  (b) a member State of the EU;”.  (a) in the heading, for “the GPA and other international agreements” substitute “international  agreements by which the EU is bound, other than the GPA”;  (b) in paragraph (1), for “Annexes 3 to 7 to the EU’s Appendix 1 to the GPA and by the other  international agreements” substitute “the international agreements, other than the GPA,”;  (c) for paragraph (2) substitute—  43A.  Where a utility within the meaning of regulation 5(1)(a) is covered by Annex 3 to  the United Kingdom’s Appendix 1 to the GPA in respect of a procurement that is covered  by Annexes 4 to 7 to that Appendix, the utility shall accord to the works, supplies, services  and economic operators of any GPA party treatment no less favourable than the treatment  accorded to the works, supplies, services and economic operators of the United Kingdom.”.  (a) in the heading, for “certain other states” substitute “countries with whom the EU has an  international agreement, other than the GPA”;  (b) in paragraph (1)(a), omit “Condition 1, Condition 2 or”;  (c) omit paragraphs (2), (2A) and (4).  (a) the procurement may result in the award of a contract of any description; and  (b) at the relevant time—  (i) a GPA party has agreed with the United Kingdom that the GPA shall apply to  a contract of that description; and  (ii) the economic operator is from that GPA party. 