RESTRICTED  
  
GPA/ACC/MNE/5  
 
17 February 2014  
(14-0984)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
 ACCESSION OF MONTENEGRO TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM JAPAN 
The following communication, dated 14 February 2014, is being circulated at the request of the 
Delegation of Japan.  
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COMMENTS AND QUESTIONS FROM JAPAN ON THE REVISED APPENDIX I OFFER  
OF 27 NOVEMBER 2013 OF MONTENEGRO 
Japan appreciates the improvements Montenegro has made in its Revised Offer of 
27 November 2013 (GPA/ACC/MNE/3) in a very short period. Japan acknowledges that the revised 
offer is broader and clearer, especially with regards to the covered entities. Japan however is of the view that Montenegro has not addressed our systemic concerns as explained below. Japan 
hereby submits its comments and questions to seek further improvements and clarifications. Japan 
reserves the right to submit additional  comments and questions for improvements. 
 
General 
 1.  As mentioned in the bilateral meeting between Japan and Montenegro on 18 November 2013, Japan has concerns on Montenegro's approach, in which it includes its coverage that takes effect 
after its accession to the European Union, in or der to avoid compensation claims by other GPA 
Parties. Reduction of coverage from the one a Pa rty committed upon its accession to the GPA is 
important issue for other GPA Parties, and that is the very reason the Revised GPA is furnished 
with detailed procedure (i.e. Article XIX) when modifying the original coverage. Furthermore, it 
cannot be prejudged that the EU's GPA schedule re mains unchanged by the time of Montenegro's 
accession to the EU, especially in the circumstances where it is unknown when the accession 
happens, and therefore Montenegro's Section B may not be committed at this moment. Japan thus 
requests that Montenegro delete "Section B" and all Notes regarding its coverage after its 
accession to the EU. If Montenegro considers that it needs to modify Section A consequently, Japan is ready for further discussion. 
2.  Japan understands that the accession negotiations between Montenegro and the EU started in 
June 2012. Please update the progress of the negotiations, especially the progress of the 
Government Procurement Chapter, and the prospect of the negotiations. 
Annex 4 
 3.  Paragraph 2 of the Annex stipulates that "This Agreement covers only the goods that are 
described in the Chapters of the Combined Nomenclature (CN) specified below and that are 
procured by the Ministry of Defence and Agencies fo r defence or security activities in Montenegro". 
Japan would like to ask Montenegro to consider rephrasing the paragraph if it intends to exclude some of the goods procured by the Ministry of Defence and Agencies by it. 
Annex 5 
 4.  Please clarify whether CPC71235 and CPC7321 are covered or not. GPA/ACC/MNE/5 
 
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  5.  Please clarify what kind of procurement would be excluded by Note 2 to the Annex ("Except for 
services which entities have to procure from another entity pursuant to an exclusive right 
established by a published law, regulation or administrative provision."). 
Annex 6 
 
6.  Japan considers that list of CPC51 is not necessary. 
Annex 7 
 
7.  Paragraph 2 of the Annex ("Procurement by procuring entities covered under Annexes 1 and 2 in connection with activities in the fields of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless cove red under Annex 3.") is too broad and unclear. 
Please limit the field and/or limit the procurement in each field which will be excluded by this 
paragraph. Please also clarify and limit the proc urement that would be excluded, for the language 
"in connection with activities" is too vague. 
8.  Paragraph 3 of the Annex ("This Agreement do es not cover the process of granting concessions 
and privatisations.") is unclear. Please clarify an d limit the procurement that would be excluded by 
this paragraph. 
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