Ceta Trade Agreement Thresholds
Updated International Trade Agreements and Local Authorities: A guide for Canadian municipalities is now available on the Global Affairs Canada website. A new section containing detailed information on public procurement rules under CETA and frequently asked questions has been added. FCM will continue to work with Global Affairs Canada on implementation tools. Please read the updated guide to ensure that your municipal purchasing practices are in compliance with CETA. The guide contains useful information, such as. B key questions to determine whether contracting falls within the CETA chapter for public procurement and whether a public-private partnership (P3) falls within the scope of CETA. The FCM conducted further analysis to assist members in implementing CETA, including by elucidating practices that would impede international trade obligations. Municipalities are generally defined in CETA as “sub-central public authorities” and may include territories without legal personality. Under the agreement, local companies and entities may also be considered “other companies” subject to specific obligations.
Canada`s free trade agreements do not impede the inclusion of measures for aboriginal peoples and/or businesses in public procurement. These include purchase obligations under modern contracts (Comprehensive Land Claims Agreements). For more information on Comprehensive Land Agreements (CLCAs), see 9.35 Modern Contracts. For more information on the Aboriginal Business Procurement Strategy (PSAB), see 9.40 Purchasing Strategy for Aboriginal Businesses. The estimated value of offers published at TED is above the thresholds set at 300 billion euros. Footnote 4 CETA`s public procurement chapter concerns only contracts listed in Canada`s Schedule 19-1 Market Access Plan and above a certain value or threshold. Contracting powers for selection procedures for which contracts are below thresholds are not required to consider offers from Canadian companies. The same rule applies to Canadian government contract selection procedures, which are only open to EU companies if the contract amount is above the threshold. The advertisement must be published in the Official Journal of the European Union (ABl.EU) or online in the Tenders Electronic Daily (TED). Notices can also be tendered on national procurement portals.
National laws govern contracts assessed below these thresholds, although these laws are consistent with the principles of the Treaty on European Union. A-yes. Value thresholds are assessed on the basis of individual contracts. In Canadian dollars, the value thresholds for goods and services are CAD 237,700 for 2018-2019. These thresholds are adjusted every two years to account for currency fluctuations. Note: The EU does not impose buy-back preferences on the EU unless the amount of the contract is below the specified thresholds and does not increase cross-border interest. Member States are not allowed to include buy-national clauses in contracts that discriminate 20/19. Nevertheless, Article 85 of the Public Services Directive allows EU adjudicators in applicable sectors (such as water, energy, transport and postal services) to refuse offers from third countries when the proportion of products originating in third countries exceeds 50% or to favour EU supply when prices are equivalent – within a 3% margin.