RESTRICTED  
  
GPA/ACC/AUS/20  
 
12 January 2017  
(17-0230) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF AUSTRALIA  TO THE AGREEMENT ON GOVERNMENT PROCUREME NT 
COMMUNICATION FROM UKRAINE  
The following communication, dated 10 January 2017, is being circulated at the request of the 
Delegation of Ukraine.  
 
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COMMENTS FROM UKRAIN E REGARD ING THE REVISED OFFE R OF AUSTRALIA 
(GPA/ACC/AUS/17)  
Ukraine thanks Australia for the submission of its revised offer (GPA/ACC/AUS/17) which was 
circulated to the Committee on 30 September 2016.  
 
Ukraine submits its comments and questions seeking clarifica tion and improvements in Australia's 
offer. This communication in no way prejudices our right to seek further improvements by the 
submission of additional comments and questions in the future.  
 
Annex 1 – Central Governmental Entities  
 
1. Ukraine would like Au stralia to clarify if the list of entities provided in the Annex 1 of the 
revised offer includes all Central Governmental Entities of Australia.  
a. If yes, please provide an explanation of which entities are not covered under the offer 
according to paragraph  1. of Notes to Annex 1.  
b. If no, please provide the justification and criteria of excluding Central Governmental 
Entities from the list of entities covered by the Annex 1.  
2. Ukraine would like Australia to provide explanation of excluding the procurement of  motor 
vehicles by any entity listed in Annex 1 from the coverage of the Agreement.  
3. Ukraine would like to clarify how the reference to paragraph 1 of Article III of the Agreement 
on Government Procurement (Security and General Exceptions) in paragraph 4. d . of Notes to the 
Annex 1 is related to the Australian industry capability program and its successor programs and 
policies? Can Australia provide the information about legislation that regulates the Australian 
industry capability program, its successor pro grams and policies and specify which activities are 
involved in mentioned program?  
Annex 2 – Sub-Central Governmental Entities  
 
4. Could Australia provide an explanation on the thresholds for goods and services for sub -
central government entities which are s et forth in Annex 2 of this offer? Can Australia explain the 
imposition of thresholds on levels prescribed in the Annex 2?  
5. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health and welfare services, education services, utility services or motor vehicles for the entities GPA/ACC/AUS/20  
 
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  listed for the Australian Capital Territory. Please provide the scope of goods or services subject to 
health and welfare services, education services and utility services.  
6. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health and welfare services, education services, motor vehicles, procurement by Transport for 
NSW, related to the functions related to Transport Construction Authority, and The Country  Rail 
Infrastructure Authority or its successor agencies for entities listed for New South Wales.  
7. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health services, education services, training services, art serv ices, welfare services, government 
advertising and motor vehicles for the entities listed for Queensland. Please provide information 
about the scope of goods or services subject to health services, education services, training 
services, art services and we lfare services.  
8. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health and welfare services, education services, advertising services or motor vehicles for the 
entities listed for South Australia. Please provid e the scope of goods or services subject to health 
services, education services and welfare services.  
9. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health and welfare services, education services or advertisi ng services for the entities listed for 
Tasmania. Please provide the scope of goods or services subject to health services, education 
services and welfare services.  
10. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of motor vehicles for the entities listed for Victoria.  
Annex 5 – General Notes  
 
11. Ukraine would like to ask Australia to provide an explanation of excluding the procurement 
of health and welfare services from the coverage of the Agreement.  
Annex 7 – General  Notes  
 
12. Ukraine would like to ask Australia to provide an explanation for exception from application 
of the Agreement to any form of preference to benefit small and medium enterprises.  
13. Can Australia provide additional detailed information about programs co ncerning preference 
to benefit small and medium enterprises and legislation that regulates related activity that take 
place in Australia.  
14. Ukraine would like to ask Australia to explain in detail the scope of activities subject to 
application of paragraph 2 .b. of the Annex 7 of the offer.  
 
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