RESTRICTED  
  
GPA/ACC/UKR/8  
 
23 May 2013  
(13-2696)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
COMMUNICATION FROM THE EUROPEAN UNION 
The following communication, dated 23 May 2013, is  being circulated at the request of the 
Delegation of the European Union.  
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COMMENTS FROM THE EUROPEAN UNION ON THE OFFER OF UKRAINE 
(GPA/ACC/UKR/3) 
The European Union (EU) congratulates Ukraine for its efforts to accede to the Agreement on 
Government Procurement and thanks Ukraine for its offer (GPA/ACC/UKR/3), circulated on 
13 December 2012.  
The EU hereby submits its comments seeking furt her improvements in Ukraine's offer. The EU 
reserves the right to withdraw, amend, reduce or extend its revised request in the light of 
negotiations with Ukraine and the revised requests from other GPA Parties. 
 
The EU would welcome some changes in the offer to match the level of the EU commitments under the GPA. The improvements that the EU considers necessary are indicated below.  
Entities 
 1.  The EU requests that Ukraine ensure the wi dest possible coverage of entities under Annex 1 
(central), Annex 2 (sub-central level entities), and Annex 3 (other entities/utilities) under the GPA. 
The EU requests Ukraine to distinguish clearly between  entities at the central level, that should be 
covered under Annex 1 and entities at the sub-central level (both local authorities and public 
bodies) that should be covered under Annex 2. 
Annex 1 – Central Government Entities 
 2.  The EU considers that Ukraine should prepar e an indicative list of entities covered under 
Annex 1. The EU asks Ukraine to confirm that Annex 1 covers also subordinate entities of entities 
covered. 
Annex 2 – Sub-Central Government Entities 
 
3.  The EU considers that Ukraine should prepar e an indicative list of entities covered under 
Annex 2. 
Annex 3 – Other Entities 
 4.  Annex 3 states that it covers all entities, enterprises and organizations operating in accordance with the Law of Ukraine "on peculiarities of public procurement in certain spheres of 
entrepreneurial activities". From the checklist of issues, it appears that utilities would not fall 
under the Ukraine PP legislation (see reply to question 9 in GPA/ACC/UKR/2). Ukraine should clarify whether utilities are covered in its Annex 3. GPA/ACC/UKR/8 
 
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5.  The EU requests Ukraine to add an indicative list to the offer. 
Goods 
 
6.  The EU asks Ukraine to provide an Annex covering "goods". 
Annex 4 – Services 
 
7.  The EU asks Ukraine to clarify which services are offered. 
Annex 5 – Construction Services 
 8.  The EU notes that Ukraine's offer does not cover the entire CPC 51. Even though Annex 5 
states it covers all construction services procured by the entities covered under Annexes 1 
through 3, it does not cover CPC 511 (Pre-erection work at construction sites) and CPC 515 (Special trade construction work). 
Annex 6 – General Notes 
 9.  The EU requests Ukraine to eliminate Gene ral Notes that are covered by the text of the 
Agreement on Government Procurement. 
10.  The EU requests Ukraine to eliminate General Note 6(4) as it is a duplication of the Notes 
applicable to services and construction services, as set out respectively in Annex 4 and Annex 5 of Ukraine's offer. 
11.  In addition, the EU requests Ukraine to eliminate the following Notes: 6(6), 6(12), 6(13), 
6(14), 6(15), 6(16), 6(17), 6(19), 6(20), 6(21), 6(22), 6(25), 6(26), 6(28), 6(31), and 6(33). 
 
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