./.WORLD TRADE
ORGANIZATIONGPA/60
10 October 2001
(01-4923)
Committee on Government Procurement Original:  English
REVIEW OF NATIONAL IMPLEMENTING LEGISLATION
Liechtenstein
The present document reproduces the questions put to the delegation of Liechtenstein, the
responses given and the comments made during the review of national implementing legislation at the
Committee's meetings of 3 May 2001 and 2 October 2001.1   Liechtenstein's notification of its national
implementing legislation in accordance with the Committee decision in GPA/1/Add.1 has been
circulated in document GPA/46 dated 19 December 2000.
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REPLIES TO THE QUESTIONS FROM THE UNITED STATES
I. IMPLEMENTING LEGISLATION
Question from the United States
In the summary of Liechtenstein's legislation on public procurement, GPA/46 states that the
Law on Public Procurement and the Regulation on  Pubic Procurement implement both the GPA and
the relevant directives of the European Economic Ar ea (EEA).  Liechtenstein st ates that:  "To a large
extent, GPA rules coincide with those of the EEA."
In areas where GPA and EEA rules coincide, does Liechtenstein consider that those rules are
the same?
No, but in many points the guidelines are identical.
If they are not the same, are Liechtenstein's procurement Law and Regulation designed to
conform with EEA rules or GPA rules?
Liechtenstein's procurement Law and Regulation conform with both rules (EEA and GPA).  If
the rules are different, in the national law and regulations the stricter guidelines are applied.
                                                     
1 The minutes of these meetings have been circulated in documents GPA/M/15 and M/16.GPA/60
Page 2
Please identify the areas in which Liechtenstein considers that GPA and EEA rules do not
coincide.  In these areas, how does Liechtenste in's procurement Law and Regulation implement GPA
rules?
GPA and EEA rules do not coincide for example in the areas of the thresholds value, the
time-limits or the rules for notices/information of planned procurement.  In the areas where EEA and
GPA guidelines are not identical, the stricter guidelines have been transposed into the national law
and regulation.
II. SCOPE AND COVERAGE
Question from the United States
Does the response to question 9 relate only to the utilities sectors specifically identified in the
response to question 8 (i.e., water, energy, transport and telecommunication)?
Yes, the response to question 9 relates only to the utilities sectors (Article 43 of the Law,
Article 38 of the Regulation).
III. BID CHALLENGE PROCEDURES
Question from the United States
In Liechtenstein's response to question 13, please explain the purpose and effect of an "award
order".
There is no possibility to complain directly against an award note.  The award note contains
however the indication for the delivery of an award order.  A complainant can appeal against this
award order, which is a decision.
Question from the United States
Liechtenstein's response to question 14(iv) states that suppliers who have the right to appeal
"may apply for provisional measures which include the possibility to ask for a suspension of the
procurement process.  An interim injunction may lead to the suspension of the procurement process if
the interest of the appellant outweighs the public interest in the procurement being executed without
delay".  Do the Law, Regulation or any relevant administrative or judicial decisions provide guidance
on how to assess the interest of the appellant and the circumstances in which that interest may be
outweighed by public interest in concluding a procurement without delay?
So far no relevant administrative or judicial decisions provide guidance on how to assess the
interests.  The interests of the appellant can outwe igh the public interests, if the procurement allows
for example a temporary postponement.  However, the public interest would be given priority if the
basic needs of a public utility company, for example with regard to electricity or water supply, would
be endangered.
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