RESTRICTED  
  
GPA/ACC/UKR/5  
 
18 April 2013  
(13-2060)  Page: 1/3  
Committee on Government Procurement  Original: English  
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT  
PROCUREMENT OF UKRAINE 
COMMUNICATION FROM ICELAND, LIECHT ENSTEIN, NORWAY, AND SWITZERLAND 
The following communication, dated 17 April 2013, is being circulated at the request of the 
Delegations of Iceland, Liechtenstein, Norway, and Switzerland.  
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REQUEST FROM ICELAND, LIECHTENSTEIN, NORWAY, AND SWITZERLAND FOR 
IMPROVEMENTS IN THE INITIAL APPENDIX I OFFER OF UKRAINE 
 
The above Members of the European Free Trade Asso ciation (EFTA) 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 especially underline the e fforts made by Ukraine to use a functional 
approach for covering entities at central and local levels and at the level of utilities. 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 thank Ukraine for using a functional approach for listing covered central government 
entities. Would it be possible for Ukraine also to pr ovide an indicative list of entities to be covered 
under Annex 1? 
2.  In reference to Notes to Annex 1(2) "The conditions specified in the General Notes apply to this 
Annex", we suggest that this note be deleted since Annex [General Notes] is an integral part of 
Ukraine's future commitments under the GPA. 
Annex 2 – Sub-Central Government Entities 
 
3.  We thank Ukraine for using a functional approach for listing covered central government entities. Would it be possible for Ukraine also to pr ovide an indicative list of entities to be covered 
under Annex 2? 
4.  For greater clarity, could Ukraine explain whether other Courts than those referred to in 
Annex 1(3) would be covered by the functional definitions in Annex 2? 
5.  For greater clarity, could Ukraine explai n whether there exist any Ukrainian entities: 
 which are established for the specific purpose of meeting needs in the general interest, 
not of a commercial or industrial nature; and 
 which are financed by public funds or otherwise are under public control that are not 
covered by the functional definitions in Annexes 1 and 2? 
 GPA/ACC/UKR/5 
 
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  6.  In reference to Notes to Annex 2 "The conditions specified in the General Notes apply to this 
Annex", we suggest that this note be deleted since Annex [General Notes] is an integral part of Ukraine's future commitments under the GPA. 
Annex 3 – Other Entities 
 
7.  In order to bring Ukraine's thresholds in line with the thresholds of other GPA Parties, we request a reduction of the threshold for goods and services covered under Annex 3 to 
400,000 SDRs. 
8.  We thank Ukraine for using a functional approach for listing covered central government 
entities. Would it be possible for Ukraine also to pr ovide an indicative list of entities to be covered 
under Annex 3? 
9.  In reference to Notes to Annex 3 "The conditions specified in the General Notes apply to this 
Annex", we suggest that this note be deleted since Annex [General Notes] is an integral part of Ukraine's future commitments under the GPA. 
New Annex (4) – Goods 
 10.  As a matter of consistency with the format of the revised GPA, we request that Ukraine adds 
an Annex 4 for its goods coverage. 
Annex 4 – Services 
 11.  As a matter of consistency with the format  of the revised GPA, we request that Ukraine 
renumbers this Annex as Annex 5. 
12.  For greater clarity, could Ukraine explain the correlation between present Annex 4(1) and (2)? 
In Annex 4(1), it seems that all services are covered. In Annex 4(2), however, it seems that some 
services are being excluded. 
13.  In reference to Notes to present Annex 4 "The conditions specified in the General Notes apply 
to this Annex", we suggest that this note be delete d since Annex [General Notes] is integral part of 
Ukraine's future commitments under the GPA. 
Annex 5 – Construction Services 
 14.  As a matter of consistency with the format  of the revised GPA, we request that Ukraine 
renumbers this Annex as Annex 6. 
15.  For greater clarity, could Ukraine explain the correlation between present Annex 5(1) and (2)? 
In Annex 5(1), it seems that all construction services are covered. In Annex 5(2), however, it 
seems that some construction services are being excluded. 
16.  For greater clarity and consistency with annexes of other GPA Parties, we request that Ukraine 
rephrases present Annex 5(2) to "This Agreement covers all construction services identified in 
section 51 of the United Nations Provisional Central Product Classification". 
17.  In reference to Notes to present Annex 5(2)  "The conditions specified in the General Notes 
apply to this Annex", we suggest that this note  be deleted since Annex [General Notes] is an 
integral part of Ukraine's future commitments under the GPA. 
Annex 6 - General Notes 
 18.  As a matter of consistency with the GPA fo rmat, we suggest that Ukraine renumbers this 
Annex as Annex 7. 
19.  In reference to General Note 1, we reques t that this note be removed as it replicates 
Article II:3(e) of the revised GPA. GPA/ACC/UKR/5 
 
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  20.  Regarding General Note 2, we request that this note be removed as it replicates Article II:2(a) 
of the revised GPA. 
21.  Regarding General Note 3, we request that this note be removed as it replicates Article II:3(a) 
of the revised GPA. 
22.  Regarding General Note 4, could Ukraine ex plain the limitations and conditions Ukraine is 
referring to with respect to its GATT in this exception? Any considerations regarding goods should in our view be evidenced in the new Annex 4 – G oods. With regard to services and construction 
services, we understand that the General Note 4 replicates the notes of present Annex 4 and 
Annex 5 formulated as follows "The offer regarding services is subject to the limitations and conditions specified in Ukraine's offer under the GATS negotiations". Note 4 regarding services and construction services should therefore be deleted. 
23.  In reference to General Note 6(5), we reques t  t h a t  t h i s  n o t e  b e  r e m o v e d  a s  i t  r e p l i c a t e s  
Article II:3(c) of the revised GPA. 
24.  Regarding General Notes 6(8), we suggest that Ukraine rephrases "works" to "construction 
services". 
25.  Regarding General Notes 6(16), we suggest that Ukraine rephrases "works" to "construction 
services". 
26.  Regarding General Note 6(21), could Ukraine explain whether this exclusion only relates to 
train services? 
27.  Regarding General Note 6(22), can Ukraine provide the rationale for this exclusion? What is 
the percentage of Ukraine's central level procurement expenditure accounted for by this 
exception? 
28.  Regarding General Note 6(23), we request that this note be removed as it replicates items 
that are excluded in Article II:3(a) of the revised GPA. 
 
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