RESTRICTED  
  
GPA/ACC/MKD/4  
 
28 February 2018  
(18-1282) Page: 1/22 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA TO THE AGR EEMENT 
ON GOVERNMENT PROCUR EMENT  
INITIAL OFFER  
The following communication, dated 26 February 2018 , is being circulated at the request of the 
delegation of the former Yugoslav Republic of Macedonia . 
 
_______________  
 
Respected,  
 
On behalf of the Government of the Republic of Macedonia, the Ministry of Economy of the 
Republic of Macedonia has the honor to submit the following Appendix I Initial offer: Annex 1 – List 
of Central Government Ent ities; Annex 2 – List of Sub -Central Government Entities; Annex 3 – 
Other Entities; Annex 4 – Goods; Annex 5 – Services; Annex 6 – Construction services; and 
Annex  7 – General Notes, for consideration by the World Trade Organization Government 
Procurement Agreement Parties.  
 
This offer is without prejudice and subject to comparable market access offer ed by other Parties.  
 
The Republic of Macedonia reserves the right to withdraw, modify, or reduce this offer in whole or 
in part, at any time prior to conclusi on of the accession negotiations. The Republic of Macedonia 
also reserves the right to correct any errors or omissions.  
 
The Ministry of Economy of the Republic of Macedonia avails itself of this opportunity to renew the 
assurance of its highest considerat ions. 
 
Sincerely,  
 
MINISTER  
Mr. Kreshnik Bekteshi  
 GPA/ACC/MKD/4  
 
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INITIAL OFFER  
APPENDIX  I 
REPUBLIC OF MACEDONIA  
(Authentic in the English Language)  
ANNEX 1  
CENTRAL  GOVERNMENT ENTITIES  
Thresholds:  
Goods       SDR 130,000  
 
Services      SDR 130,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
1. General Secretariat of the Government of the Republic of Macedonia;  
2. Secretariat of the Government of the Republic of Macedonia for European Affairs;  
3. Legislative Secretariat of the Government of the Republic of Macedonia;  
4. Secretariat of the Government of the Republic of Macedonia for Implementation of Ohrid 
Framework Agreement;  
5. Common Services Agency of the Government of the Republic of Macedonia;  
6. Ministry of Internal Affairs;  
7. Ministry of Economy;  
8. Ministry of Environment and Physical Planning;  
9. Ministry of Health;  
10. Ministry of Agriculture, Forestry and Water Economy;  
11. Ministry of Information Society and Administration;  
12. Ministry of Culture;  
13. Ministry of Local Government;  
14. Ministry of Foreign Affairs;  
15. Ministry of Education and Science;  
16. Ministry of Defence;  
17. Ministry of Justice;  
18. Ministry of Transport and Communications;  
19. Ministry of Labour and Social Policy;  
20. Ministry of Finance ; 
21. Public Procurement Bureau;  
22. Financial Police;  
23. Financial Intelligence Office;  
24. Customs Administration;  
25. Public Revenue Office;  
26. Office for Execution of Sanctions;  
27. Bureau for Representing the Republic of Macedonia before the European Court of Human 
Rights;  
28. Metrology Bureau;  
29. Education Development Bureau;  
30. Regional Development Bureau;  
31. Court Expertise Bureau;  
                                                
 In English only.  GPA/ACC/MKD/4  
 
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  32. Agency for Quality and Accreditation of Healthcare Institutions;  
33. Agency for Pharmaceuticals and Medical Devices;  
34. Administration Agency;  
35. Emigration Agency of the Republic of Macedonia;  
36. Youth and Sports Agency;  
37. Agency for Exercising the Rights of Communities;  
38. Agency for Promotion of Entrepreneurship of the Republic of Macedonia;  
39. Agency for Agriculture Development Promotion;  
40. Agency for Tourism Promotion and Development;  
41. Intelligence Agency of the Republic of Macedonia;  
42. Commodity Reserves Agency;  
43. Agency for Foreign Investments and Export Promotion of the Republic of Macedonia;  
44. Agency for Managing Confiscated Property;  
45. Agency for Financial Support of Agricultur e and Rural Development;  
46. Geological Institute of the Republic of Macedonia;  
47. Directorate for Security of Classified Information;  
48. Directorate for Compulsory Reserves of Oil and Oil Derivatives;  
49. Protection and Rescue Directorate;  
50. Directorate for Personal Data  Protection;  
51. Radiation Safety Directorate;  
52. State Archives of the Republic of Macedonia;  
53. State Foreign Exchange Inspectorate;  
54. State Authority for Geodetic Works;  
55. State Industrial Property Bureau;  
56. State Audit Office;  
57. State Statistical Office;  
58. State Construct ion and Urbanism Inspectorate of the Republic of Macedonia;  
59. State Transportation Inspectorate;  
60. State Environment Inspectorate;  
61. State Agriculture Inspectorate;  
62. State Technical Inspection Inspectorate;  
63. State Labour Inspectorate;  
64. State Forestry and Hunting In spectorate;  
65. State Examination Centar;  
66. State Utilities Inspectorate;  
67. State Market Inspectorate;  
68. State Education Inspectorate;  
69. State Sanitary and Health Inspectorate;  
70. State Administrative Inspectorate;  
71. State Election Commission;  
72. State Commission on Second -Instance Decision Making in the field of Inspection Supervision 
and Misdemeanour Proceedings;  
73. State Commission on Decision Making in the field of Administrative Procedure and Second -
Instance Decision Making in the field of Employment Procedure;  
74. State Anti -Corruption Commission;  
75. State Attorney's Office;  
76. Inspectorates Council;  
77. Data Verification Commission;  
78. Commission for Protection of the Right to Free Access to Public Information;  
79. Commission for Affairs with Religious Communities and Groups;  
80. Assembly of the Republic of Macedonia;  
81. President of the Republic of Macedonia;  
82. Audit Authority for Audit of Instrument for Pre -Accession Assistance;  
83. Housing Regulatory Commission;  
84. Public Procurement Council;  
85. Office for Keeping Vital Statistics;  
86. Cultural Heritage Pr otection Office;  
87. Hydro Meteorological Administration;  
88. Crisis Management Centar;  
89. First Instance Courts;  
90. Courts of Appeals;  
91. Supreme Court of the Republic of Macedonia;  GPA/ACC/MKD/4  
 
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  92. Administrative Court;  
93. Higher Administrative Court;  
94. Constitutional Court of the Republic of  Macedonia;  
95. Public Prosecutor's Office for Prosecuting Criminal Offences Related to and Arising from the 
Contents of Illegally Intercepted Communications;  
96. Public Prosecutor's Office of the Republic of Macedonia;  
97. Council of Public Prosecutors of the Republic of Macedonia;  
98. Judicial Council of the Republic of Macedonia;  
99. Academy of Judges And Public Prosecutors "Pavel Satev "; 
100.  Ombudsman 's Office.  
Notes to Annex 1  
1.  The following shall not be considered as covered procurement:  
a. procurement by procuring entiti es covered under this Annex of air traffic control 
equipment in regard of suppliers and service providers from the United States;  
b. procurement by procuring entities covered under this Annex of good or service 
components of procurement which are not themselv es covered by this Agreement in 
regard of suppliers and services providers from the United States and Canada;  
until such time as the Republic of Macedonia has accepted that the Parties concerned provide 
satisfactory reciprocal access for the Macedonian goo ds, suppliers, services and service providers 
to their own procurement markets.  
 
2.  The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea 
and the US in contesting the award of contracts to a supplier or service provider of Parties other 
than those mentioned, which are small or medium sized enterprises under the relevant provisions 
of Macedonian law, until such time as the Republic of Macedonia accepts that they no longer 
operate discriminatory measures in favour of certain domestic small and minority businesses.  
3.  "Central Government Entities" covers also any subordinated entity of any contracting authority 
of the Republic of Macedonia provided it does not have separate legal personality.  
4.  As far as procurement by en tities in the field of defence and security is concerned, only 
non-sensitive and non -warlike materials contained in the list attached to Annex 4 are covered.  GPA/ACC/MKD/4  
 
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ANNEX 2  
SUB-CENTRAL GOVERNMENT E NTITIES  
Thresholds:  
Goods       SDR 200,000  
 
Services      SDR 200,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
1.  All regional or local contracting authorities . 
a. For the purposes of the Agreement, "Regional contracting authorities" shall be 
understood a s the planning regions listed  under NTES  3, as referred to by the NTES 
Decision.1 
b. For the purposes of the Agreement, "Local contracting authorities" shall be understood 
as contracting authorities of the territorial units falling under NTES 4  and smaller 
territorial  units, as referred to by the NTES Decision . 
2.  All contracting authorities which are  bodies governed by public law.  
a. A "body governed by public law" means any body:  
i. established for the specific purpose of meeting needs in the general interest, not 
having an industrial or commercial character; and  
ii. having legal personality; and  
iii. financed, for the most part, by the State, or regional or local authorities, or other 
bodies governed by public law, or subject to management supervision by those 
bodies, or havi ng an administrative, managerial or supervisory board; more than half 
of whose members are appointed by the State, regional or local authorities or by 
other bodies governed by public law.  
b. An indicative list of contracting authorities which are bodies gover ned by public law 
follows.  
                                                
1 Decision of the G overnment on the establishment of the Nomenclature of Territorial Units for Statistics 
– NTES (Official Gazette of the Republic of Macedonia no. 158/07  and 10/14).  GPA/ACC/MKD/4  
 
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  INDICATIVE LIST OF CONTRACTING AUTHORIT IES IN THE REPUBLIC OF M ACEDONIA 
WHICH AR E BODIES GOVERNED BY  PUBLIC LAW  
1. Agency for  National Road s; 
2. Employment Agency of the Republic of Macedonia ; 
3. Electronic Communications Agency;  
4. Energy Agency;  
5. Cadastre Agency;  
6. Spatial Planning Agency;  
7. Postal Regulatory Agency;  
8. Railroads Regulatory Agency;  
9. Energy Regulatory Commission;  
10. Agency for Supervision of Capitally -Financed Pension Insurance;  
11. Insurance Supervision Agency;  
12. Audio and Audio -Visual Medi a Services Agency;  
13. Agency for Movies;  
14. Civil Aviation Agency;  
15. Food and Veterinary Agency;  
16. Accreditation Institute of the Republic of Macedonia;  
17. Standardization Institute of the Republic of Macedonia;  
18. Directorate for Technological Industrial Development Zone s; 
19. Health Insurance Fund;  
20. Pension and Disability Insurance Fund;  
21. Fund for Innovations and Technological Development;  
22. Deposit Insurance Fund ; 
23. Waters Fund;  
24. National Bank of the Republic of Macedonia ; 
25. Central Regist ry of the Republic of Macedonia;  
26. Competition  Protection Commission;  
27. Commission for Prevention of Corruption;  
28. Securities and Exchange Commission ; 
29. Centres for regional development;  
30. Public i nstitutions  in the area of healthcare;  
31. Public institutions in the area of child care ; 
32. Public institutions in the area of social care ; 
33. Public institutions in the area of education (primary, secondary and tertiary) and science ; 
34. Public institutions in the area of culture ; 
35. Correctional facilities ; 
36. Public enterprises established by the Republic of Macedonia or the units o f the local 
government and the city of Skopje so as to carry out an activity of public interest other than water 
supply, energy , transport and postal services;  
37. Other legal entities established for a specific purpose, to fulfill the needs of public interest  
other than those of industrial and commercial nature, which are largely financed by the Procuring 
Entities referred to in Article 4 paragraph 1 item a) of the Public Procurement Law or by such legal 
entities, or are subject to control in the operations by  the Procuring Entities referred to in Article 4 
paragraph 1 item a) of the Public Procurement Law or such legal entities, or where more than half 
of the members of the management or supervisory board have been appointed by the Procuring 
entities referred to in Article 4 paragraph 1 item a) of the Public Procurement Law or such legal 
entities.  
Notes to Annex 2  
1.  The following shall not be considered as covered procurement:  
a. procurement by procuring entities covered under this Annex in regard of suppliers, 
services and service providers from the United States;  
b. procurement by procuring entities covered under this Annex of air traffic control 
equipment in regard of suppliers and service providers from the United States;  GPA/ACC/MKD/4  
 
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  c. procurement by cities-regions listed under N TES 3 , local procuring entities and bodies 
governed by public law covered under this Annex in regard of goods, services, suppliers 
and service providers from Canada;  
d. procurement by procuring entities covered under this Annex of good or service 
components o f procurement which are not themselves covered by this Agreement in 
regard of suppliers and service providers from the United States and Canada;  
e. procurement between SDR 200,000 and SDR 355,000 by procuring entities covered 
under this Annex of goods and ser vices for suppliers and service providers from Canada;  
f. procurement b y local contracting authorities ( contracting authorities of administrative 
units listed under NTES 4 and smaller territorial units, as referred to by the NTES 
Decision (as amended))  in reg ard of goods, services, suppliers and service providers 
from New Zealand ; 
g. procurement by regional contracting authorities  listed under NTES 3, as referred to by 
the NTES Decision (as amended) , in regard of goods, services, suppliers and service 
providers f rom New Zealand, unless their procurement is covered under  Annex 3 ; 
until such time as  the Republic of Macedonia  has accepted that the Parties concerned provide 
satisfactory reciprocal access to Macedonian  goods, suppliers, services and service providers t o 
their own procurement markets.  
 
2.  The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea 
and the US in contesting the award of contracts to a supplier or service provider of Parties other 
than those mentioned, wh ich are small or medium sized enterprises under the relevant provisions 
of Macedonian  law, until such time as the Republic of Macedonia  accepts that they no longer 
operate discriminatory measures in favour of certain domestic small and minority businesses.  
3.  The provisions of Article XVIII shall not apply to Japan and Korea in contesting the award of 
contracts by entities listed under Annex 2 paragraph 2, until such time as the Republic of 
Macedonia  accepts that they have completed coverage of sub -central ent ities. 
4.  The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of 
contracts by Macedonian  entities, whose value is less than the threshold applied for the same 
category of contracts awarded by these Parties.  GPA/ACC/MKD/4  
 
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ANNEX 3  
OTHER ENTITIES  
Thresholds:  
Goods       SDR 400,000  
 
Services      SDR 400,000  
 
Construction Services    SDR 5,000,000  
List of Entities:  
1.  All contracting entities whose procurement is covered by the public procurement legislation of 
the Republic of Macedonia  which are contracting authorities (e.g. those covered under Annex 1 
and Annex 2) or public undertakings1 and which have as one of their  activities any of those 
referred to below or any combination thereof:  
a. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, transport or distribution of drinking water or the supply 
of drinking water to such networks;  
b. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, transport or distribution of electricity or the supply of 
electricity to such networks;  
c. the provisi on of airport or other terminal facilities to carriers by air;  
d. the provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway;  
e. the provision or operation of networks2 providing a service to the public in the fie ld of 
transport by urban railway, automated systems, tra mway, trolley bus, bus or cable;  
f. the provision or operation of networks providing a service to the public in the field of 
transport by railways.3 
2.  An indicative list of contracting authorities and public undertakings fulfilling the criteria set out 
above follows . 
                                                
1 A public undertaking is any undertaking over which the contracting authorities may exercise directly or 
indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the 
rules which govern it.  
A dominant influence on the part of the contracting authorities shall be presumed when these 
authorities, directly or indirectly, in relation to an undertaking:  
i. hold the majority of the undertaking's subscribed capital, or  
ii. control the majority of the votes attaching to shares issued by the undertaking, or  
iii. can appoint more than half of the undertaking's administrative, management or supervisory 
body.  
2 As regards transport services, a network shall be considered to exist where the service is provided 
under operating conditions laid down by a competent authority of the Republic of Macedon ia, such as 
conditions on the routes to be served, the capacity to be made available or the frequency of the service.  
3 E.g. the provision or operation of networks (within the meaning of footnote 4) providing a service to 
the public in the field of transpo rt by high -speed or conventional trains.  GPA/ACC/MKD/4  
 
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  INDICATIVE LIST OF THE REPUBLIC OF MACE DONIA 'S CONTRACTING AUTHORIT IES AND 
PUBLIC UNDERTAKINGS FULFILLING THE C RITERIA LAID DOWN UN DER ANN EX 3 
1. AD "Elektrani na Makedonija " joint stock company for electricity generation, owned by the 
state, and its subsidiaries;  
2. AD "TEC Negotino " joint stock company for electricity generation, owned by the state;  
3. AD "MEPSO " joint stock company for electricity  transmission and energy and electricity 
system management, owned by the state;  
4. AD "Makedonski energetski resursi " joint stock company for energy -related activities;  
5. AD "GA-MA" joint stock company for transmission of natural gas;  
6. Public enterprise foe ener gy-related activities "Strumica -Gas" Strumica;  
7. AD "MZT Energetika " joint stock company;  
8. "Naftovod " DOOEL Skopje;  
9. Public enterprise „Vodovod i kanalizacija " – Skopje, and other public enterprises in the area 
of water supply and/or sewage management;  
10. Public enterprise „Strezevo " – Bitola;  
11. Public enterprise for Water Management of the Republic of Macedonia, and other public 
enterprises for water management;  
12. Public traffic enterprise "JSP Skopje " – Skopje;  
13. Public enterprise "MZ Transport "; 
14. Public utility company  „Vodovod " for production, supply and distribution of geothermal 
energy – Kocani ; 
15. Public enterprise for airport services „Makedonija "; 
16. AD Macedonian Posts joint stock company – Skopje;  
17. and other public utility enterprises performing activities in the area  of water supply, joint -
stock companies and limited liability companies in the area of energy, transport and postal 
services.  
Notes to Annex 3  
1.  Procurement for the pursuit of an activity listed above when exposed to competitive forces in 
the market concerne d are not covered by this Agreement.  
2.  This Agreement does not cover procurement by procuring entities included in this Annex:  
a. for the purchase of water and for the supply of energy or of fuels for the production of 
energy;  
b. for purposes other than the pursuit of their activities as listed in this Annex or for the 
pursuit of such activities in a non -EEA country;  
c. for purposes of re -sale or hire to third parties, provided that the procuring entity enjoys 
no special or exclusive right to sell or hire the su bject of such contracts and other 
entities are free to sell or hire it under the same conditions as the procuring entity.  
3.  The supply of drinking water or electricity to networks which provide a service to the public by 
a procuring entity other than a contr acting authority shall not be considered as an activity within 
the meaning of paragraphs a. or b. of this Annex where:  
a. the production of drinking water or electricity by the entity concerned takes place 
because its consumption is necessary for carrying out  an activity other than that referred 
to in paragraphs a. to f. of this Annex; and  
b. supply to the public network depends only on the entity's own cons umption and has not 
exceeded 30%  of the entity's total production of drinking water or energy, having regar d 
to the average for the preceding three years, including the current year.  GPA/ACC/MKD/4  
 
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  4.  I. Provided that the conditions in paragraph II are met, this Agreement does not cover 
procurement:  
a. by a procuring entity to an affiliated undertaking4, or 
b. by a joint venture, form ed exclusively by a number of procuring entities for the purpose 
of carrying out activities within the meaning of paragraphs a. to f. of this Annex, to an 
undertaking which is affiliated with one of these procuring entities.  
 II. Paragraph I shall apply to  services or supplies contracts provided that at least 80% of the 
average turnover of the affiliated undertaking with respect to services or supplies for the preceding 
three years derives respectively from the provision of such services or supplies to unde rtakings 
with which it is affiliated.5 
 
5.  This Agreement does not cover procurement:  
a. by a joint venture, formed exclusively by a number of procuring entities for the purposes 
of carrying out activities within the meaning of paragraphs a. to f. of this Annex,  to one 
of these procuring entities, or  
b. by a procuring entity to such a joint venture of which it forms part, provided that the 
joint venture has been set up to carry out the activity concerned over a period of at least 
three years and the instrument setti ng up the joint venture stipulates that the procuring 
entities, which form it, will be part thereof for at least the same period.  
6.  The following shall not be considered as covered procurement:  
a. procurement by procuring entities operating in the fields of:  
i. production, transport or distribution of drinking water covered under this Annex;  
ii. production, transport or distribution of electricity covered under this Annex;  
iii. airport facilities covered under this Annex;  
iv. maritime or inland port or other terminal facilities  covered under this Annex; and  
v. urban railway, tramway, trolley bus or bus services covered under this Annex in 
regard of supplies, services, suppliers and service providers from Canada;  
b. procurement by procuring entities operating in the field of production , transport or 
distribution of drinking water covered under this Annex in regard of suppliers and service 
providers from the United States;  
c. procurement by procuring entities operating in the field of maritime or inland port or 
other terminal facilities cov ered under this Annex of dredging services or related to 
shipbuilding in regard of suppliers and service providers from the United States;  
d. procurement by procuring entities covered under this Annex of air traffic control 
equipment in regard of suppliers and service providers from the United States;  
                                                
4 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly 
or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or 
which, in common with the procuring entity, is subject to the dominant influence of another undertaking by 
virtue of ownership, financial participation, or the rules which govern it.  
5 When, because of the date on which an affiliated undertaking was created  or commenced activities, 
the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that 
the turnover referred to in this paragraph is credible, in particular by means of business projections.  GPA/ACC/MKD/4  
 
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  e. procurement by procuring entities operating in the field of airport facilities covered under 
this Annex in regard of suppliers and service providers from the United States and 
Korea;  
f. procurement by procuring en tities operating in the field of urban railway, tramway, 
trolleybus or bus services covered under this Annex in regard of suppliers and service 
providers from the United States;  
g. procurement by procuring entities operating in the field of urban railway cove red under 
this Annex in regard of suppliers and service providers from Japan;  
h. procurement by procuring entities operating in the field of railways covered under this 
Annex in regard of goods, suppliers, services and service providers from Armenia; 
Canada; Japan; the United States; Hong Kong, China; Singapore and the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu;  
i. procurement by procuring entities operating in the field of high -speed railways and high -
speed railways infrastructure in regard o f goods, suppliers, services and service 
providers from Korea;  
j. procurement by procuring entities covered under this Annex of good or service 
components of procurement which are not themselves covered procurement in regard of 
suppliers and service providers  from the United States;  
k. procurement by procuring entities operating in the field of production, transport or 
distribution of electricity covered under this Annex in regard of suppliers and services 
providers from Japan;  
l. procurement by procuring entities o perating in the field of production, transport and 
distribution of electricity covered under this Annex of HS Nos . 8504, 8535, 8537 and 
8544 (electrical transformers, plugs, switches and insulated cables) in regard of 
suppliers from Korea;  
m. procurement by p rocuring entities operating in the field of production, transport and 
distribution of electricity covered under this Annex of HS Nos . 85012099, 85015299, 
85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in 
regard of suppliers from I srael;  
n. procurement by procuring entities operating in the field of bus services covered under 
this Annex in regard of suppliers and service providers from Israel;  
o. procurement by procuring entities operating in the field of production, transport or 
distribu tion of drinking water covered under this Annex in regard of supplies, services 
and service providers from New Zealand;  
p. procurement by procuring entities operating in the field of airport facilities covered under 
this Annex in regard of supplies, services,  and service providers from New Zealand;  
q. procurement by procuring entities operating in the field of the provision of inland port or 
other terminal facilities covered under this Annex in regard of supplies, services, and 
service providers from New Zealand;  
r. procurement by regional or local contracting authorities operating in the fields covered 
by this Annex, in regard of supplies, services, and service providers from New Zealand, 
with the exception of procurement by regional contracting authorities listed u nder NTES 
3 (as referred to in the NTES Decision6), operating in the field of transport by urban 
railway, automatic systems, tramway, trolley bus, bus and cable;  
                                                
6 Decisio n of the Government on the establishment of the Nomenclature of Territorial Units for Statistics 
– NTES  (Official Gazette of the Republic of Macedonia no.  158/07 and 10/14) . GPA/ACC/MKD/4  
 
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  until such time, the Republic of Macedonia  has accepted that the Parties concerned provide 
satisfactory reciprocal access to Macedonian  goods, suppliers, services and service providers to 
their own procurement markets.  
 
7.  The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea 
and the US in contesting the aw ard of contracts to a supplier or service provider of Parties other 
than those mentioned, which are small or medium sized enterprises under the relevant provisions 
of Macedonian  law, until such time as the Republic of Macedonia  accepts that they no longer 
operate discriminatory measures in favour of certain domesti c small and minority businesses.  
The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of 
contracts by Macedonian  entities, whose value is less than the thres hold applied for the same 
category of contracts awarded by these Parties.  
8.  The following shall not be considered as covered procurement:  
a. procurement by procuring entities operating in the field of urban transport covered 
under this Annex of the following go ods and services:  
i. H.S. 44.06 Railway or tramway sleepers of (cross -ties) wood;  
ii. H.S. 68.10 Railway or tramway sleepers of concrete and concrete guide -track 
sections for hover trains;  
iii. H.S. 73.02 Railway or tramway track construction material of iron or steel , the 
following: rails, check -rails and rack rails, switch blades, crossing frogs, point rods 
and other crossing pieces, sleepers (cross -ties), fish -plates, chairs, chair wedges, 
sole plates (base plates), rail clips, bedplates, ties and other material spe cialized for 
jointing or fixing rails;  
iv. H.S. 85.30.10 Electrical signalling, safety or traffic control equipment for railways, 
tramways;  
v. H.S. Chapter 86 - Railway or tramway locomotives, rolling -stock and parts thereof; 
railway or tramway track fixtures and  fittings and parts thereof; mechanical 
(including electro -mechanical) traffic signalling equipment of all kinds;  
vi. Construction work for civil engineering for railways falling under CPC prov. 51310 
(Construction work for civil engineering for highways (except elevated highways), 
streets, roads, railways and airfield runways);  
vii. Construction work for civil engineering for railway tunnels and subways falling under 
CPC prov. 51320 (Construction work for civil engineering for bridges, elevated 
highways, tunne ls and subways);  
viii. Repair and maintenance services of locomotives (including reconditioning), rolling 
stock (including reconditioning), railway tracks, traffic signals and installation 
services of railway engines falling under CPC prov. 88680 (Repair service s of other 
transport equipme nt, on a fee or contract basis);  
in regard of suppliers and service providers from Japan,  
 
until such time as the Republic of Macedonia  has accepted that Japan has fully open its 
procurement of urban transport to Macedonian  suppliers, supplies, service providers and services.  GPA/ACC/MKD/4  
 
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ANNEX 4  
GOODS  
1.  This Agreement covers the procurement of all goods procured by the entities listed in 
Annexes  1 through 3, unless otherwise specified in this Agreement.  
2.  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 
for defence or security activities in the Republic of Ma cedonia : 
CN Chapter    Description  
1. Chapter 25:     Salt, sulphur, earths and stone, plastering materials, lime  
and cement ; 
2. Chapter 26:     Metallic ores, slag and ash ; 
3. Chapter 27:     Mineral fuels, mineral oils and products of their distillation,  
bituminous  substances, mineral waxes , except:  
a. ex 27.10:    special engine fuels . 
4. Chapter 28:     Inorganic chemicals, organic and inorganic compounds of  
precious metals, of rare -earth metals, of  
radio-active elements and isotopes , except:  
a. ex 28.09:    explosive s; 
b. ex 28.13:    explosives ; 
c. ex 28.14:    tear gas ; 
d. ex 28.28:    explosives ; 
e. ex 28.32:    explosives ; 
f. ex 28.39:    explosives ; 
g. ex 28.50:    toxic products ; 
h. ex 28.51:    toxic products ; 
i. ex 28.54:    explosives . 
5. Chapter 29:     Organic chemicals, except:  
a. ex 29.03:    explosives;  
b. ex 29.04:    explosives ; 
c. ex 29.07:    explosives ; 
d. ex 29.08:    explosives ; 
e. ex 29.11:    explosives ; 
f. ex 29.12:    explosives ; 
g. ex 29.13:    toxic products ; 
h. ex 29.14:    toxic products ; 
i. ex 29.15:    toxic products ; 
j. ex 29.21:    toxic products ; 
k. ex 29.22:    toxic products ; 
l. ex 29.23:    toxic products ; 
m. ex 29.26:    explosives ; 
n. ex 29.27:    toxic products ; 
o. ex 29.29:    explosives.  
6. Chapter 30:     Pharmaceutical products;  
7. Chapter 3 1:    Fertilizers;  
8. Chapter 32:     Tanning and dyeing extracts, tannings and their derivatives,  
dyes, colours, paints and varnishes, putty, fillers and  
stoppings, inks ; 
9. Chapter 33:     Essential oils and resinoids, perfumery, cosmetic or  
toilet preparations ; GPA/ACC/MKD/4  
 
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  CN Chapter    Description  
10. Chapter 34:     Soap, organic surface -active agents, washing preparations,  
lubricating preparations , artificial waxes, prepared waxes, 
polishing and scouring preparations, candles and similar 
articles, modelling pastes and "dental waxe s"; 
11. Chapter 35:     Albuminoidal substances, glues, enzymes;  
12. Chapter 37:     Photographic and cinematographic goods ; 
13. Chapter 38:     Miscellaneous chemical products , except:  
a. ex 38.19:    toxic products . 
14. Chapter 39:     Artificial resins and plastic materials , cellulose esters and  
 ethers, articles thereof , except:  
a. ex 39.03:    explosives . 
15. Chapter 40:     Rubber, synthetic rubber, factice, and articles thereof ,  
except:  
a. ex 40.11:    bullet -proof tyres.  
16. Chapter 41:     Raw hides and skins (other than fur sk ins) and leather ; 
17. Chapter 42:     Articles of leather, saddlery and harness, travel goods,  
handbags and  similar containers, articles  of animal gut  
(other than silk -worm gut) ; 
18. Chapter 43:     Furskins and artificial fur, manufactures thereof ; 
19. Chapter 44:     Wood and articles of wood, wood charcoal ; 
20. Chapter 45:     Cork and articles of cork ; 
21. Chapter 46:     Manufactures of straw of esparto and of other plaiting  
materials, basket ware and wickerwork ; 
22. Chapter 47:     Paper -making material ; 
23. Chapter 48:     Paper and paperboard, articles of paper pulp, of paper or of  
paperboard ; 
24. Chapter 49:     Printed books, newspapers, pictures and other products  of 
the printing industry, manuscripts, typescripts and plans ; 
25. Chapter 65:     Headgear and parts thereof ; 
26. Chapter  66:    Umbrellas, sunshades, walking -sticks, whips, riding -crops  
 and parts thereof ; 
27. Chapter 67:     Prepared feathers and down and articles made of feathers  
or of down, artificial flowers, articles of human hair ; 
28. Chapter 68:     Articles of stone, of pla ster, of cement, of asbestos, of mica  
 and of similar materials ; 
29. Chapter 69:     Ceramic products ; 
30. Chapter 70:     Glass and glassware ; 
31. Chapter 71:     Pearls, precious and semi -precious stones, precious metals,  
 rolled precious metals, and articles thereof;  imitation 
jewellery ; 
32. Chapter 73:     Iron and steel and articles thereof ; 
33. Chapter 74:     Copper and articles thereof ; 
34. Chapter 75:     Nickel and articles thereof ; 
35. Chapter 76:     Aluminium and articles thereof ; 
36. Chapter 77:     Magnesium and beryllium and arti cles thereof ; 
37. Chapter 78:     Lead and articles thereof ; 
38. Chapter 79:     Zinc and articles thereof ; 
39. Chapter 80:     Tin and articles thereof ; GPA/ACC/MKD/4  
 
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  CN Chapter    Description  
40. Chapter 81:     Other base metals employed in metallurgy and  
articles thereof ; 
41. Chapter 82:     Tools, implements, cutlery, spoons and forks, of base metal,  
 parts thereof , except:  
a. ex 82.05:    tools;  
b. ex 82.07:    tools, parts.  
42. Chapter 83:     Miscellaneous articles of base metal;  
43. Chapter 84:     Boilers, machinery and mechanical appliances, parts thereof,  
except:  
a. ex 84.06:    engines;  
b. ex 84.08:    other engines;  
c. ex 84.45:    machinery;  
d. ex 84.53:    automatic data -processing machines;  
e. ex 84. 55:   parts of machines under heading No 84.53 ; 
f. ex 84.59:    nuclear reactors . 
44. Chapter 85:     Electrical machinery and equipment, parts thereof , except:  
a. ex 85.13:    telecommunication equipment ; 
b. ex 85.15:    transmission apparatus . 
45. Chapter 86:     Railway and tramway locomotives, rolling -stock and parts  
thereof; railway and tramway tracks fixtures  and fittings,  
traffic signalling equipment of all kinds (not electrically  
powered) , except:  
a. ex 86.02:    armoured locomotives, electric ; 
b. ex 86.03:    other armoured locomotives ; 
c. ex 86.05:    armoured wagons ; 
d. ex 86.06:    repair wagons ; 
e. ex 86.07:    wagons . 
46. Chapter 87:     Vehicles, other than railway or tramway rolling -stock,  
 and parts thereof , except:  
a. ex 87.08:    tanks and other armoured ve hicles ; 
b. ex 87.01:    tractors ; 
c. ex 87.02:    military vehicles;  
d. ex 87.03:    breakdown lorries;  
e. ex 87.09:    motorcycles;  
f. ex 87.14:    trailers.  
47. Chapter 89:     Ships, boats and floating structures , except:  
a. ex 89.01 A:    warships . 
48. Chapter 90:     Optical, photographic, cinematographic, measuring, checking,  
precision, medical and surgical instruments and apparatus,  
parts thereof , except:  
a. ex 90.05:    binoculars ; 
b. ex 90.13:    miscellaneous instruments, lasers ; 
c. ex 90.14:    telemeters ; 
d. ex 90.28:    electrical and electronic measuring instruments ; 
e. ex 90.11:    microscopes ; 
f. ex 90.17:    medical instruments;  
g. ex 90.18:    mechano -therapy appliances;  
h. ex 90.19:    orthopaedic appliances ; 
i. ex 90.20:    X-ray apparatus . 
49. Chapter 91:     Manuf acture of watches and clocks ; 
50. Chapter 92:     Musical instruments, sound recorders or reproducers,  
television image and sound recorders or reproducers, parts 
and accessories of such articles ; 
51. Chapter 94:     Furniture and parts thereof, bedding, mattresses, mattress  
      supports, cushions and similar stuffed furnishings , except:  
a. ex 94.01 A:    aircraft seats . GPA/ACC/MKD/4  
 
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  CN Chapter    Description  
52. Chapter 95:     Articles and manufactures of carving or moulding material ; 
53. Chapter 96:     Brooms, brushes, powder -puffs and sieves ; 
54. Chapter 98:     Miscellaneous manufactured articles.  GPA/ACC/MKD/4  
 
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ANNEX 5 
SERVICES  
This Agreement covers the following services, which are identified in accordance with the United 
Nations Provisional Central Product Classification (CPC  Prov.) as contained in 
document  MTN.GNS/W/1201: 
 
Description      CPC Prov. Reference No.  
1. Maintenance and repair services   6112, 6122, 633,  
886 
2. Land transport services,     712 (except 71235),  
including armo ured car     7512, 87304  
services, and courier  
services, except transport  
of mail  
3. Air transport services of     73 (except 7321)  
passengers and freight,  
except transport of mail  
4. Transport of mail by land,    71235, 7321  
except rail, and by air  
5. Telecommunications services    752 
6. Financial services  
a. Insurance services     ex 81  
b. Banking and investments    812, 814  
services2 
7. Computer and related services    84 
8. Accounting, auditing and    862 
bookkeeping services  
9. Market research and public opinion   864 
polling services  
10. Management consulting services   865, 8663 
and related services  
11. Architectural services;     867 
engineering services  
and integrated engineering  
services, urban planning  
and landscape architectural  
services;  related scientific  
and technical consulting  
services; technical testing  
and analysis services  
12. Advertising services     871 
13. Building -cleaning services and    874,  
property management services    82201 -82206  
14. Publishing and printing services   88442  
on a fee or contract basis  
                                                
1 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.  
2 Except for the procurement or acquisition of fiscal agency or depository services, liquidation, and 
management services for regulated financial institutions or services related to the sale, redemption and 
distribution of public debt, including loans and government bonds, notes and other securities.  
3 Except  arbitration and conciliation services.  GPA/ACC/MKD/4  
 
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  Description      CPC Prov. Reference No.  
15. Sewage and refuse disposal;    94 
sanitation and similar services  
Note to Annex 5  
Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the services 
covered under this Annex is a covered procurement in regard of a particular Party's provider of 
service only to the extent that such Party has covered that service under its Annex 5.  
 GPA/ACC/MKD/4  
 
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ANNEX 6  
CONSTRUCTION SERVICE S 
List of Construction Services ( Division 51, CPC  Prov.):  
1  CONSTRUCTION SERVICE S 
All services listed in Division 51.  
 
2  WORKS CONCESSIONS  
Works concessions contracts, when awarded by Annex 1 and 2 entities, are included under the 
national treatment regime for the construction service providers of the EU, Iceland, Li echtenstein, 
Norway, the Netherlands on behalf of Aruba , Switzerland  and Montenegro , provided their value 
equals or exceeds SDR 5,000,000  and for the construction service providers of Korea; provided 
their value equals or exceeds SDR 15,000,000.  
Note to An nex 6 
Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the construction 
services covered under this Annex is a covered procurement in regard of a particular Party's 
provider of service only to the extent that such Party has cove red that service under its Annex  6. 
 
  GPA/ACC/MKD/4  
 
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  LIST OF DIVISION 51,  CPC PROV.  
Group  Class  Subclass  Title Corresponding 
ISCI 
SECTION 5    CONSTRUCTION WORK AN D CONSTRUCTIONS: 
LAND   
DIVISION 51    CONSTRUCTION WORK   
511   Pre-erection work at construction sites   
 5111 51110  Site investigation work  4510 
 5112 51120  Demolition work  4510 
 5113 51130  Site formation and clearance work  4510 
 5114 51140  Excavating and earthmoving work  4510 
 5115 51150  Site preparation work for mining  4510 
 5116 51160  Scaffolding work  4520 
512   Construction work for buildings   
 5121 51210  For one - and two -dwelling buildings  4520 
 5122 51220  For multi -dwelling buildings  4520 
 5123 51230  For warehouses and industrial buildings  4520 
 5124 51240  For commercial buildings  4520 
 5125 51250  For public entertainment buildings  4520 
 5126 51260  For hotel, restaurant and similar buildings  4520 
 5127 51270  For educational buildings  4520 
 5128 51280  For health buildings  4520 
 5129 51290  For other buildings  4520 
513   Construction work for civil engineering   
 5131 51310  For highways (except elevated highways), 
street, roads, railways and airfield runways  4520 
 5132 51320  For bridges, elevated highways, tunnels and 
subways  4520 
 5133 51330  For waterways, harbours, dams and other 
water works  4520 
 5134 51340  For long distance pipelines, communication and 
power lines (cables)  4520 
 5135 51350  For local pipelines and cables; ancillary works  4520 
 5136 51360  For constructions for mining and manufacturing  4520 
 5137  For constructions for sport and recreation   
  51371  For stadia and sports grounds  4520 
  51372  For other sport and recreation installations 
(e.g. swimming pools, tennis courts, golf 
courses)  4520 
 5139 51390  For engineering works n.e.c.  4520 
514 5140 51400  Assembly and erection of prefabricated 
constructions  4520 
515   Special trade construction work   
 5151 51510  Foundation work, including pile driving  4520 
 5152 51520  Water well drilling  4520 
 5153 51530  Roofing and water proofing  4520 
 5154 51540  Concrete work  4520 
 5155 51550  Steel bending and erection (including welding)  4520 
 5156 51560  Masonry work  4520 
 5159 51590  Other special trade construction work  4520 
516   Installation work   
 5161 51610  Heating, ventilation and air conditioning work  4530 
 5162 51620  Water plumbing and drain laying work  4530 
 5163 51630  Gas fitting construction work  4530 
 5164  Electrical work   
  51641  Electrical wiring and fitting work  4530 
  51642  Fire alarm construction work  4530 
  51643  Burglar alarm system construction work 4530 
  51644  Residential antenna construction work  4530 
  51649  Other electrical construction work  4530 
 5165 51650  Insulation work (electrical wiring, water, heat, 
sound)  4530 
 5166 51660  Fencing and railing construction work  4530 
 5169  Other installation work   
  51691  Lift and escalator construction work  4530 
  51699  Other installation work n.e.c.  4530 
517   Building completion and finishing work   GPA/ACC/MKD/4  
 
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  Group  Class  Subclass  Title Corresponding 
ISCI 
 5171 51710  Glazing work and window glass installation 
work 4540 
 5172 51720  Plastering work  4540 
 5173 51730  Painting work  4540 
 5174 51740  Floor and wall tiling work  4540 
 5175 51750  Other floor laying, wall covering and wall 
papering work  4540 
 5176 51760  Wood and metal joinery and carpentry work  4540 
 5177 51770  Interior fitting decoration work  4540 
 5178 51780  Ornamentation fitting work  4540 
 5179 51790  Other building completion and finishing work  4540 
518 5180 51800  Renting services related to equipment for 
construction or demolition of buildings or civil 
engineering works, with operator  4550 
 GPA/ACC/MKD/4  
 
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 ANNEX 7 
GENERAL NOTES  
1.  This Agreement  does not cover:  
a. procurement of agricultural products made in furtherance of agricultural support 
programmes and human feeding programmes (e.g. food a id including urgent relief aid);  
and 
b. procurement for the acquisition, development, production or co -production of 
programme material by broadcasters and contracts for broadcasting time.  
2.  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 covered under Annex 3.  
 
 
__________