RESTRICTED  
 
GPA/ACC/AUS/5  
4 November 2015  
(15-5836)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
  ACCESSION OF AUSTRALIA TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM ICELAND, LIECHT ENSTEIN, NORWAY AND SWITZERLAND 
The following communication, dated 3 November 2015,  is being circulated at the request of the 
Delegations of Iceland, Liechtenstein, Norway and Switzerland. 
 
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REQUESTS FROM ICELAND, LIECHTENSTEIN, NORWAY AND SWITZERLAND FOR 
IMPROVEMENTS AND CLARIFICATIONS IN  THE INITIAL OFFER OF AUSTRALIA 
The above Members of the European Free Trade Asso ciation (EFTA) would like to thank Australia 
for its initial offer circulated on 8 September 2015 for accession to the Agreement on Government 
Procurement (GPA/ACC/AUS/1) and congratulate Australia for its decision to become a Member of 
the GPA. The EFTA States hereby submit question s and requests for improvements for Australia's 
consideration. The EFTA States reserve the right to submit additional questions and requests for 
improvements. 
Annex 1 - Central Government Entities 
 
1. Australia uses a positive list of covered entities at central level. The EFTA States propose to 
Australia to use a functional definition of covered entities and to transform the positive list into an indicative list of covered entities. This will ensure a full coverage of central level entities, and questions and/or uncertainties with regard to th e effective scope of covered procurement will be 
avoided in the future. 
2. The EFTA States propose to Australia to delete Note 1. to Annex 1. 
3. The EFTA States seek clarification from Australia on the need for the exclusion in Note 2. to 
Annex 1. 
4. The EFTA States seek clarification from Australia on the need for the exclusion in Note 3., 
lit. b. to Annex 1 in addition to paragraph 1 of Article III (Security and General Exceptions). 
5. The EFTA states seek clarification from Australia on the need for the full exclusion in Note 3., 
lit. c. for entities in the field of security. 
6. The EFTA States seek clarification from Australia on the rationale, objective and need for 
Note 3., lit. d. to Annex 1 (in addition to paragraph 1 of Article III) regarding the exclusions aiming 
at maintaining the Australian industry capability program and its successor programs and policies. 
Annex 2 – Sub-Central Government Entities 
 
7. Australia offers a positive list of covered entities at state/territorial level and a list of entities 
in the states/territories are found in the checklist of issues. The EFTA States would appreciate to receive an indicative list of other possible levels of entities at sub central level responsible for 
public procurement, including local government areas and cities. GPA/ACC/AUS/5 
- 2 - 
  8. As indicated above for Annex 1, the EFTA states would propose to Australia to use a 
functional definition for the coverage of  procurements at subterritorial levels. 
9. The EFTA States propose to Australia to delete its Note to Annex 2. 
10. The EFTA States request that Australia lowers its thresholds for goods and services coverage 
in Annex 2 to SDR 200,000 in order to assure consistency with the thresholds applied by most of 
the Members of the GPA, including the EFTA States. 
11. The EFTA States kindly ask Australia to provide information on the way that financial flow 
downs from the central authorities to local authorities are considered under the commitments of 
the future accession of Australia to the GPA. 
12. The EFTA States seek clarification from Austra lia on the scope of and need for the exclusion 
in paragraph 2 for New South Wales regarding transport. 
Annex 3 - Other Entities 
 13. The EFTA States seek an explanation of the types of bodies that are covered under Annex 3. 
14. The EFTA States noted during the September meeting of the Committee of Government 
Procurement in Geneva that Australia plans to carry out in the near future important activities for the development of significant infrastructure projec ts. EFTA States understand that these activities 
could cover the production, construction or supply in sectors such as water, energy, roads, ports, 
airports, railways, urban transport, transport by cable, etc. EFTA States propose that Australia 
provides a list of utilities sectors and relevant entities. 
15. The EFTA States request Australia to include the National Offshore Petroleum Safety and 
Environmental Authority (NOPSEMA). 
16. The EFTA States propose to Australia to delete its Note 1. to Annex 3. 
Annex 5 - Services 
 
17. The EFTA States request Australia to extend  the scope of coverage to the following 
additional services: maintenance and repair services (CPC 6112, 6122, 8865-8868), insurance 
services (CPC 812, CPC 814), transport services (CPC 712, 73, 7512), telecommunication services 
(CPC 752), market research and public opinion po lling services (CPC 864), advertising services 
(CPC 871), property management services (CPC  822) and publishing and printing services 
(CPC 88442). 
Annex 7 - General Notes 
 18. About 99% of the suppliers in EFTA States are SMEs. The EFTA States therefore consider 
that any set asides or preferences, such as price preferences in favour of national SMEs, generate 
conflicts with the commitments of non-discriminat ion of Article IV of the revised GPA. Other 
measures designed to accommodate national SMEs and SMEs located in other GPA States alike are 
not discriminatory. The EFTA States estimate that this is for example the case for measures such 
as the division of contracts into lots, etc. In the light of this, the EFTA States would like to understand the scope of and the need for Note 1., lit. a., especially in the light of Articles IV and XXII of the GPA (2012). 
19. The EFTA States request Australia to clarify the scope of and need for Note 1., lit. i. 
20. The EFTA States request Australia to clarify the need for Note 2., in light of the exclusions 
already provided under Article III of the GPA (2012). 
21. The EFTA States request Australia to clarify the scope of and need for Note 3. 
22. The EFTA States request Australia to clarify the scope of and need for Note 4. 
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