RESTRICTED  
  
GPA/ACC/UKR/6  
 
23 April 2013  
(13-2149)  Page: 1/3  
Committee on Government Procurement  Original: English  
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
COMMUNICATION FROM CANADA; HONG KONG, CHINA; JAPAN;  
REPUBLIC OF KOREA; AND SINGAPORE 
The following communication, dated 19 April 2013, is being circulated at the request of the 
Delegations of Canada; Hong Kong, China; Ja pan; Republic of Korea; and Singapore. 
 
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REQUEST FROM CANADA; HONG KONG, CHIN A; JAPAN; REPUBLIC OF KOREA;  
AND SINGAPORE FOR IMPROVEMENTS IN THE INITIAL  
APPENDIX I OFFER OF UKRAINE 
We would like to thank Ukraine for its initial offer of 13 December 2012 for accession to the 
Agreement on Government Procurement (GPA/ACC/UKR/3). We hereby submit our requests for 
improvements to Ukraine's initial Appendix I offer and look forward to Ukraine's revised offer. We 
reserve the right to submit additional requests for improvements.  
Annex 1 – Central Government Entities 
 1.  We understand that Ukraine is using a definition approach for listing covered central government entities. As a matter of transparency, we request that Ukraine also provides an 
indicative list of entities to be covered under Annex 1. 
2.  We request Paragraph 1 of Notes to Annex 1 to be removed as the referred procurements are 
explicitly excluded by Paragraph 3(c), Article II of the revised GPA. 
3.  In reference to Paragraph 2 of Notes to Anne x 1 "The conditions specified in the General Notes 
apply to this Annex", we request that this note be removed as it is not necessary. It is common 
understanding between GPA Parties that Ge neral Notes refer to relevant annexes. 
Annex 2 – Sub-Central Government Entities 
 4.  We understand that Ukraine is using a definition approach for listing covered sub-central government entities. As a matter of transparency, we request that Ukraine also provides an 
indicative list of entities to be covered under Annex 2. 
5.  In reference to Notes to Annex 2 "The conditions specified in the General Notes apply to this 
Annex", we request that this note be removed as it is not necessary. It is common understanding 
between GPA Parties that General No tes refer to relevant annexes. 
Annex 3 – Other Entities 
 
6.  We request a reduction of the threshold for goods and services covered under Annex 3 to the 
level in line with the thresholds of other GPA Parties. 
 GPA/ACC/UKR/6 
 
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  7.  We understand that Ukraine is using a definition  approach for listing other entities. As a matter 
of transparency, we request that Ukraine also provides an indicative list of entities to be covered under Annex 3. 
8.  In reference to Notes to Annex 3 "The conditions specified in the General Notes apply to this 
Annex", we request that this note be removed as it is not necessary. It is common understanding 
between GPA Parties that General No tes refer to relevant annexes. 
Annex 4 – Goods 
 
9.  As a matter of consistency with the format of  the GPA, we request that Ukraine add an Annex 4 
for its goods coverage. 
Annex 4 – Services 
 
10.  As a matter of consistency with the format  of the revised GPA, we request that Ukraine 
renumbers this Annex as Annex 5. 
11.  The Services Sectoral Classification List (MTN.GNS/W/120) has missed out some codes in the 
UN Provisional Central Product Classification (CPC), viz. CPC 7525-7526, 81111-81114, 891, 8921-8923, 91 and 9404-9409. We request Ukraine to  clarify if the services covered by these CPC 
codes are included in its offer, or its Annex may make reference to the UN Provisional CPC instead 
for clarity's sake. 
12.  We would like to ask Ukraine to clarify how Paragraph 1 of Notes to Annex 4 would work, 
especially, how and which conditions under the GATS negotiations would apply in the context of 
the GPA. 
13.  We request that Ukraine clarifies whether the CPC services from the Services Sectoral 
Classification List (MTN.GNS/W/120) which are not found in Ukraine's GATS commitments are 
included in its GPA offer. For example, would towing and pushing services (CPC 7214) which are 
currently not in Ukraine's GATS commitments be covered in Ukraine's GPA offer? 
14.  In reference to Paragraph 2 of Notes to A nnex 4 "The conditions specified in the General 
Notes apply to this Annex", we request that this note be removed as it is not necessary. It is 
common understanding between GPA Parties that General Notes refer to relevant annexes. 
Annex 5 – Construction Services 
 
15.  As a matter of consistency with the format  of the revised GPA, we request that Ukraine 
renumbers this Annex as Annex 6. 
16.  For greater clarity and consistency with annexes of other GPA Parties, we request that Ukraine 
rephrases paragraph 2, for example, to "this Agreement covers all construction services identified 
in section 51 of the United Nations Provisional Central Product Classification". 
17.  We would like to ask Ukraine to clarify how Paragraph 1 of Notes to Annex 5 would work, 
especially, how and which conditions under the GATS negotiations would apply in the context of 
the GPA. 
18.  In reference to Paragraph 2 of Notes to A nnex 5 "The conditions specified in the General 
Notes apply to this Annex", we request that this note be removed as it is not necessary. It is 
common understanding between GPA Parties that General Notes refer to relevant annexes. 
Annex 6 - General Notes 
 
Our impression is that approximately 40 notes in General Notes would make it difficult not only for 
the GPA Parties but also for procuring entities and suppliers to identify which procurement is 
covered by the Agreement. We therefore suggest streamlining this Annex. Following are some 
specific requests for improvements. GPA/ACC/UKR/6 
 
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  19.  As a matter of consistency with the GPA format, we request that Ukraine renumbers this 
Annex as Annex 7. As well, thro ughout the General Notes, we request that Ukraine replaces the 
term "works" by "construction services". 
20.  We request deletion of Notes 1(a), 1(b), 1(c), 2, 3, 6(4), 6(5), 6(8), 6(9), 6(23), and 6(29) 
since they replicate, or would be covered by, exceptions already found in Articles II and III of the 
revised GPA. 
21.  We request that Ukraine moves Notes 6(2), 6(7), 6(10), 6(11), 6(13), 6(14), 6(15), 6(16), 
6(17), 6(20), 6(21), 6(24), 6(26), 6(31), 6(32) to the relevant Goods, Services or Construction 
Services Annexes. 
22.  Can Ukraine provide a rationale for Notes 6(6), 6(16), 6(19), 6(25), 6(27), 6(28)? 23.  Regarding General Note 4, no GPA Party refers  to the GATT in its market access annexes. Can 
Ukraine explain the limitations and conditions Ukraine is referring to with respect to its GATT in 
this exception? Also, as similarly pointed out ab ove, given that Ukraine has similar notes in its 
services and construction services annexes, can Ukraine explain how Paragraph 1 of Notes to 
Annex 4 and to Annex 5 would work, especially, how and which conditions under the GATT and 
GATS negotiations would apply in the context of the GPA? 
24.  Regarding General Note 5, we request that this note be removed. 
25.  Regarding General Note 6(3), we request that this note be removed. 
26.  Regarding General Note 6(10), can Ukraine define what is considered "non-dwelling premises" 
and "budget institutions"? 
27.  Regarding General Note 6(12), could Ukraine give us concrete examples what kind of goods 
and services will be excluded by this Note? 
28.  Regarding General Note 6(17), can Ukraine identify the specific codes in MTN.GNS/W/120 or 
in the United Nations Provisional Central Product Classification that are being excluded from this 
note? 
29.  Regarding General Note 6(18), can Ukraine clarify what "own proceeds" refers to and how this 
will be distinguished from state funds? 
30.  Regarding General Note 6(20), can Ukraine clarify if this note strictly covers Defence-related 
equipment for airplanes and helicopters or if it is intended to cover civilian use of this equipment as well? It would be helpful for us to understand what "developer's construction documents" refers to and if Ukraine could provide us with the "list" referred to in this Note.  
31.  Regarding General Note 6(22), can Ukraine pr ovide the percentage of Ukraine's procurement 
expenditure that is accounted for by this exception? Can Ukraine clarify also what "special purpose" means, and the types of "projects and proposals" envisaged in this note? 
32.  Regarding General Note 6(28), can Ukraine clarify what "catering organisation" and "sports 
content" refer to, and the types of accommodati on that will be excluded under this note? 
33.  Regarding General Note 6(30), we are unsure of how the procurement of securities or shares 
of a business entity could be covered by this Ag reement. Can Ukraine provide a rationale for this 
exclusion? 
34.  Regarding General Note 6(33), can Ukraine specify the entities and the kind of procurement 
that would be affected by the exclusion?  
 
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