WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/EEC/2 
14 November 2005 
 (05-5320) 
Committee on Government Procurement Original:  English/ 
                anglais/                 inglés 
 
 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from the European Communities
* 
 
 The following communication, dated 11 November 2005, is being circulated at the request of 
the Delegation of the European Communities. 
 
 
Comité des marchés publics  
 
 
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication des Communautés Européennes* 
 
 La communication ci-après, datée du 11 novembre  2005, est distribuée à la demande de la 
délégation des Communautés Européennes. 
 
 
Comité de Contratación Pública 
 
  
AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE  
LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS EN CONFORMIDAD  
CON EL PÁRRAFO 7(b) Y (c) DEL ARTÍCULO XXIV DEL ACUERDO  
SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de las Comunidades Europeas
* 
  La siguiente comunicación, de fecha de 11 de noviembre de 2005, se distribuye a petición de 
la delegación de las Comunidades Europeas.  
                                                      
* In original language only./En langue originale seulement./En idioma original solamente. GPA/O/EEC/2 
Page 2  
 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE AGREEMENT FOR EXTENSION 
OF COVERAGE AND ELIMINATION OF DISCRIMINATORY MEASURES 
 
THE EUROPEAN COMMUNITIES' INITIAL OFFER 
 
   Further to its recent enlargement
1, the European Communities wish es to recall that it is now 
composed of 25 member States and that it has significantly increased its existing coverage without 
requesting any compensation from the other Agreem ent on Government Procurement (GPA) Parties 
at the time of the adoption of the GPA Committee  Decision.  In these circumstances, its existing 
schedule is the most comprehensive and extensiv e one under the GPA, and this initial offer would 
constitute the widest coverage offered under any international ag reement on government procurement 
currently in force. 
  The European Communities is prepared to give  full access to its procurements as detailed in 
the attached document.  It now expects all the ot her GPA Parties to upgrade in a similar way their 
existing coverage and therefore to table a simila rly comprehensive initial offer.  The European 
Communities reserves the right to withdraw or re view its initial offer in the light of further 
developments, including the offers from the other GPA Pa rties.  With the tabling of such an extensive 
initial offer, the European Communities reaffirms its  commitment to a successful achievement of the 
negotiations on extension on c overage and elimination of discriminatory measures. 
  NB: Any offered increase in cover age is highlighted in bold. 
 
                                                      
1 GPA Committee Decision, GPA/78 (dated 4 May 2004). GPA/O/EEC/2 
Page 3 
 
 
ANNEX 1 
 
Central Government Entities wh ich Procure in Accordance 
with the Provisions of the Agreement 
  
 
A. All central government entities 
 
B. European Communities entities: 
 
 The Council of the European Union  The European Commission   
 
NB: 
 - "Central government entities" is meant to cover also any subordinated entity of any central 
government entity provided it does not have separate legal personality . 
 
- An indicative list will be provided once an ag reement is reached amongst all GPA Parties on 
the proposed coverage of entities for this Annex. 
 - As far as procurements by the Ministries of  Defence are concerned, only procurements of 
non-warlike materials contained in the list attached to Annex 1 are covered. 
 
- As to applicable thresholds, reference is made to the EC proposal in draft Article II:3/4 of the 
GPA under review. GPA/O/EEC/2 
Page 4  
 
LIST OF SUPPLIES AND EQUIPMENT PURCHASED  BY MINISTRIES OF DEFENCE IN BELGIUM , 
CZECH  REPUBLIC , DENMARK , GERMANY , ESTONIA , GREECE , SPAIN , FRANCE , IRELAND , ITALY , 
CYPRUS , LATVIA , LITHUANIA , LUXEMBOURG , HUNGARY , MALTA , THE NETHERLANDS , AUSTRIA , 
POLAND , PORTUGAL , SLOVENIA , SLOVAKIA , FINLAND , SWEDEN AND THE UNITED KINGDOM THAT 
ARE COVERED BY THE AGREEMENT  
 
  
Chapter 25: Salt, sulphur, earths and stone , plastering materials, lime and cement 
 Chapter 26: Metallic ores, slag and ash  Chapter 27: Mineral fuels, mineral oils a nd products of their distillation, bituminous 
substances, mineral waxes 
 
 except:  ex 27.10:  special engine fuels  Chapter 28: Inorganic chemicals, organic a nd inorganic compounds of precious metals, of 
rare-earth metals, of radio- active elements and isotopes 
  except:  ex 28.09: explosives  ex 28.13: explosives 
 ex 28.14: tear gas 
 ex 28.28: explosives  ex 28.32: explosives  ex 28.39: explosives  ex 28.50: toxic products  ex 28.51: toxic products 
 ex 28.54: explosives 
 Chapter 29: Organic chemicals   except: 
 ex 29.03: explosives 
 ex 29.04: explosives  ex 29.07: explosives  ex 29.08: explosives  ex 29.11: explosives  ex 29.12: explosives 
 ex 29.13: toxic products 
 ex 29.14: toxic products  ex 29.15: toxic products  ex 29.21: toxic products  ex 29.22: toxic products 
 ex 29.23: toxic products 
 ex 29.26: explosives  ex 29.27: toxic products  ex 29.29: explosives  Chapter 30: Pharmaceutical products 
 GPA/O/EEC/2 
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Chapter 31: Fertilizers  Chapter 32: Tanning and dyeing extracts, tanni ngs and their derivatives, dyes, colours, 
paints and varnishes, putty, fillers and stoppings, inks 
 
Chapter 33: Essential oils and resinoids, pe rfumery, cosmetic or toilet preparations 
 Chapter 34: Soap, organic surface-active ag ents, washing preparations, lubricating 
preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and 'dental waxes' 
 
Chapter 35: Albuminoidal substances, glues, enzymes  Chapter 37: Photographic and cinematographic goods  
Chapter 38: Miscellaneous chemical products 
  except:  ex 38.19: toxic products  Chapter 39: Artificial resins and plastic mate rials, cellulose esters and ethers, articles 
thereof 
  except:  ex 39.03: explosives  
Chapter 40: Rubber, synthetic rubbe r, factice, and articles thereof 
  except:  ex 40.11: bullet-proof tyres  Chapter 41: Raw hides and skins (o ther than furskins) and leather 
 
Chapter 42: Articles of leather, saddlery and harness, travel goods, handbags and similar 
containers, articles of animal gut (other than silk-worm gut) 
 Chapter 43: Furskins and artificial fur, manufactures thereof 
 
Chapter 44: Wood and articles of wood, wood charcoal  Chapter 45: Cork and articles of cork  Chapter 46: Manufactures of straw of esparto and of other plaiting materials, basketware 
and wickerwork 
 Chapter 47: Paper-making material  Chapter 48: Paper and paperboard, articles of paper pulp, of paper or of paperboard  
 
Chapter 49: Printed books, newspapers, pi ctures and other products of the printing 
industry, manuscripts, typescripts and plans 
 Chapter 65: Headgear and parts thereof 
 GPA/O/EEC/2 
Page 6  
 
Chapter 66: Umbrellas, sunshades, walking-s ticks, whips, riding-crops and parts thereof 
 Chapter 67: Prepared feathers and down and articles made of feathers or of down, 
artificial flowers, articles of human hair 
 
Chapter 68: Articles of stone, of plaster, of cement, of asbestos, of mica and of similar 
materials 
 Chapter 69: Ceramic products  
Chapter 70: Glass and glassware 
 Chapter 71: Pearls, precious and semi-precious  stones, precious metals, rolled precious 
metals, and articles thereof; imitation jewellery 
 
Chapter 73: Iron and steel and articles thereof 
 Chapter 74: Copper and articles thereof  Chapter 75: Nickel and articles thereof 
  
Chapter 76: Aluminium and articles thereof 
 Chapter 77: Magnesium and beryllium and articles thereof  Chapter 78: Lead and articles thereof 
 
Chapter 79: Zinc and articles thereof  Chapter 80: Tin and articles thereof  Chapter 81: Other base metals employed in metallurgy and articles thereof 
 
Chapter 82: Tools, implements, cutlery, spoons  and forks, of base metal, parts thereof 
  except:  ex 82.05: tools 
 ex 82.07: tools, parts 
 Chapter 83: Miscellaneous articles of base metal  Chapter 84: Boilers, machinery and me chanical appliances, parts thereof 
 
 except: 
 ex 84.06: engines  ex 84.08: other engines  ex 84.45: machinery  ex 84.53: automatic data-processing machines  
 ex 84.55: parts of machines under heading No 84.53 
 ex 84.59: nuclear reactors  GPA/O/EEC/2 
Page 7 
 
 
Chapter 85: Electrical machinery and equipment, parts thereof   except:  ex 85.13: telecommunication equipment  ex 85.15: transmission apparatus 
 
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: 
 ex 86.02: armoured locomotives, electric  ex 86.03: other armoured locomotives  ex 86.05: armoured wagons  ex 86.06: repair wagons 
 ex 86.07: wagons 
 Chapter 87: Vehicles, other than railway or  tramway rolling-stock, and parts thereof 
  except:  ex 87.08: tanks and other armoured vehicles 
 ex 87.01: tractors 
 ex 87.02: military vehicles  ex 87.03: breakdown lorries  ex 87.09: motorcycles  ex 87.14: trailers 
 
Chapter 89: Ships, boats and floating structures   except:  ex 89.01 A: warships  
Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, 
medical and surgical instruments and apparatus, parts thereof 
  except:  ex 90.05: binoculars 
 ex 90.13: miscellaneous instruments, lasers 
 ex 90.14: telemeters  ex 90.28: electrical and electronic measuring instruments 
   ex 90.11: microscopes 
 ex 90.17: medical instruments   ex 90.18: mechano-therapy appliances  
 ex 90.19: orthopaedic appliances 
 ex 90.20: X-ray apparatus   Chapter 91: Manufacture of watches and clocks  
Chapter 92: Musical instruments, sound reco rders or reproducers, television image and 
sound recorders or reproducers, parts and accessories of such articles 
 GPA/O/EEC/2 
Page 8  
 
Chapter 94: Furniture and parts thereof, be dding, mattresses, mattress supports, cushions 
and similar stuffed furnishings 
  except:  ex 94.01 A: aircraft seats 
 
Chapter 95: Articles and manufactures of carving or moulding material  Chapter 96: Brooms, brushes, powder-puffs and sieves  
Chapter 98: Miscellaneous manufactured articles GPA/O/EEC/2 
Page 9 
 
 
ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
  
 A. All sub-central government entities including t hose operating at regional, local, or municipal 
level. 
 
B. All other entities whose procurement policies ar e substantially controlle d by, dependent on, or 
influenced by central, regional or local  government and which are engaged in non-
commercial or non-industrial activities. 
  NB:  - GPA Parties will note that the content of EC 's Annex 2 remains unchanged since its existing 
Annex 2 already provides for the largest and mo st comprehensive possible coverage.  The EC 
expects all the other GPA Parties to upgrade their respective Annex 2's in a similar way. 
 
- An indicative list of the entities offered will be provided once an agreement is secured 
amongst all GPA Parties on the proposed coverage of entities in this Annex. 
 - As to applicable thresholds, reference is made to the EC proposal in draft Article II:3/4 of the 
GPA under review. 
 GPA/O/EEC/2 
Page 10  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance  
with the Provisions of the Agreement 
  
 A. All Annex 1 and Annex 2 entities which exerci se one or more of the activities referred to 
below and in respect of contracts awarded for the pursuit of any of those activities: 
 
1. As far as electricity is concerned: 
  (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of electricity;  or 
 
 (b) the supply of electricity to such networks. 
 2. As far as drinking water is concerned:   (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
  (b) the supply of drinking water to such networks.  3. As far as transport services are concerned, activities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway , automated systems, 
tramway, trolley bus, bus or cable.  4. The provision of airport or other terminal facilities to carriers by air.  5. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 B. All other public entities whose procuremen t policies are substantially controlled by, 
dependent on, or influenced by central, regi onal or local government, which are engaged in 
commercial or industrial activities in one or mo re of the sectors referred to above, and in 
respect of contracts awarded for the pursuit of any of those activities: 
 
1. As far as electricity is concerned: 
  (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of electricity;  or 
 
 (b) the supply of electricity to such networks.  2. As far as drinking water is concerned:  
 (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
  (b) the supply of drinking water to such networks. 
 GPA/O/EEC/2 
Page 11 
 
 
3. As far as transport services are concerned, activities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway , automated systems, 
tramway, trolley bus, bus or cable.  4. The provision of airport or other terminal facilities to carriers by air. 
 
5. The provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway.  
Note to Annex 3 
 
 Contracts awarded for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.   NB:  - The EC wishes to draw the other GPA Parties' a ttention to the fact that this proposed new 
Annex combined with the proposed deletion of the country-specific derogations listed in the 
European Communities' General Notes now pr ovide all GPA Parties with a full access to 
its main utilities procurements.  
 
- Indicative lists of the entities offered will be provided once an agreement is secured amongst 
all GPA Parties on the proposed co verage of entities in this Annex. 
 - As to applicable thresholds, reference is made to the EC proposal in draft Article II:3/4 of the 
GPA under review. 
 GPA/O/EEC/2 
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ANNEX 4 
 
Services 
 
 
 
 Of the Universal List of Services, as cont ained in document MTN.GNS/W/120, the following 
services are included:  
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services a nd related services 865, 866** 
Architectural services;  engineering services and integrated 
engineering services;  urban planning and landscape architectural services;  related scientific and technical 
consulting services;  technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property ma nagement services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; sanita tion and similar services 94 
 
Notes to Annex 4 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and centr al bank services.  In Sweden, payments to 
and from governmental agencies shall be transacted  through the Swedish Postal Giro System 
(Postgiro). 
** except arbitration and conciliation services. 
 GPA/O/EEC/2 
Page 13 
 
 
NB: 
 - The EC wishes to draw GPA Parties' attention to  the inclusion of telecoms services in the 
list of services covered, which represents a significant increase of cross-border procurement opportunities in the field of services . GPA/O/EEC/2 
Page 14  
 
ANNEX 5 
 
Construction Services  and Works Concessions 
 
 
 
A. Construction services:  Definition : 
 
 A construction services contract is a contract  which has as its objective the realization by 
whatever means of civil or building works, in the sense of Division 51 of the Central Product 
Classification.   
List of Division 51, CPC : 
  All services list ed in Division 51. 
 
B. Works concessions 
 
 Works concessions contracts, when awarded by Annexes 1 and 2 entities, and provided 
their value equals or exceeds SDR 5,000,000, a re included under the national treatment regime 
and subject to the following rules:  Articles II, III, IX:6, XVIII:1 and XX of the GPA (draft 
Articles II:6, III, V:1 and 2, XII:2 and XVII of GPA under review).  
 
NB: 
 - The EC is willing to offer works concessions a lthough such contracts are not procurements 
within the meaning of Article II:2 of the GPA.  The EC wishes to draw the other GPA Parties' attention to the fact that it represents a very significant increase in terms of 
coverage due to the large number of infrastructure projects in the EU. 
 - The EC will propose language on work con cessions to be inserted in the text of the 
Agreement to reflect its intention, subject to an acceptable overall agreement on coverage. 
 GPA/O/EEC/2 
Page 15 
 
 
GENERAL NOTES AND DEROGATIONS FROM TH E PROVISIONS OF ARTICLE III OF 
APPENDIX I OF THE EC 
   NB:  - The EC is prepared to drop all the country- specific derogations it maintains against some 
GPA Parties provided that the Parties concern ed give a comparable and effective access to 
EC's undertakings to their relevant markets. 
 
  
1. The EC will not extend the benefits of this Agreement: 
 
- as regards the award of contracts by entities listed in Annex 2 to the suppliers 
and service providers of Canada; 
 
- as regards the award of contracts, other than for supplies, listed in Annex 2 to 
the suppliers and service providers of the USA; 
 
- as regards the award of contracts by  entities listed in Annex 3 paragraph: 
 
(a) (water) to the suppliers and servi ce providers of Canada and the USA, 
 
(b) (electricity) to the suppliers and service providers of Canada, and Japan, 
 
(c) (airports) to the suppliers and service providers of Canada, Korea and 
the USA, 
 
(d) (ports) to the suppliers a nd service providers of Canada, 
 
(e) (urban transport) to the suppliers and service providers of Canada, 
Japan, Korea and the USA;  to the suppliers and service providers of 
Israel, as regards bus services, 
 
until such time as the EC has accepte d that the Parties concerned give 
comparable and effective access for EC undertakings to the relevant markets; 
 
- to service providers of Parties which do  not include service contracts for the 
relevant entities in Annexes 1 to 3 and the relevant service category under 
Annexes 4 and 5 in their own coverage. 
 
2. The provisions of Article XX shall not apply to suppliers and service providers of: 
 
- Israel, Japan and Korea in contesting the award of contracts by entities listed 
under Annex 2, paragraph 2, until such time as the EC accepts that they have 
completed coverage of sub-central entities; 
 
- Japan, Korea and the USA 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 EC law, until such 
time as the EC accepts that they no lo nger operate discriminatory measures in 
favour of certain domestic small and minority businesses; GPA/O/EEC/2 
Page 16  
 
 
- Israel, Japan and Korea in contesting that  award of contracts by EC entities, 
whose value is less than the threshold a pplied for the same category of contracts 
awarded by these Parties. 
 
3. Until such time as the EC has accepted th at the Parties concerned provide access for EC 
suppliers and service providers to their own markets,  the EC will not extend the benefits of this 
Agreement to suppliers and service providers of: 
 
- Canada, as regards procurement of FSC 36, 70 and 74 (special industry 
machinery, general purpose automatic da ta processing equipment, software, 
supplies and support equipment (excep t 7010 ADPE configurations), office 
machines, visible record equipment and ADP equipment); 
 
- Canada, as regards procurement of FSG 58 (communications, protection and 
coherent radiation equipment) and the USA as regards air traffic control 
equipment; 
 
- Korea and Israel as regards procurement by entities listed in Annex 3, 
paragraph (b), as regards procuremen t of HS Nos. 8504, 8535, 8537 and 8544 
(electrical transformers, plugs, switches and insulated cables);  and for Israel, 
HS Nos. 8501, 8536 and 902830; 
 
- the USA, as regards procurement by enti ties listed in Annex 3, paragraph (d), as 
regards procurement of dredging services and procurement related to 
shipbuilding; 
 
- Canada and the USA as regards contra cts for good or service components of 
contracts which, although awarded by an entity covered by this Agreement, are 
not themselves subject to this Agreement. 
 
4. The Agreement shall not apply to contracts awarded under: 
 
- an international agreement and intended fo r the joint implementation or exploitation 
of a project by the signatory States; 
 
- an international agreement rela ting to the stationing of troops; 
 
- the particular procedure of an international organization. 
 5. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feedi ng programmes (e.g. food aid including urgent 
relief aid). 
 
6. The Agreement shall not apply to procurement for the direct purpose of providing 
development assistance.  (NB:  The EC is willing to consider elim inating this provis ion provided other 
Parties eliminate comparable provision) . 
 
7. Contracts and works concessions contracts awarded by entities in Annexes 1 and 2 in 
connection with activities in the fields of drinki ng water, energy and transport are not included. 
 GPA/O/EEC/2 
Page 17 
 
 
8. This Agreement shall not apply to contracts awarded by entities in Annex 3: 
 
- for the purchase of water and for the supply of energy or of fuels for the production of 
energy; 
 
- for purposes other than the pursuit of their activities as described in this Annex or for 
the pursuit of such activities in a non-member country; 
 
- for purposes of re-sale or hire to third pa rties, provided that the contracting entity 
enjoys no special or exclusive right to sell or hire the subject of such contracts and 
other entities are free to sell or hire it under the same conditions as the contracting 
entity. 
 9. This Agreement shall not be applicable to contracts:  
- for the acquisition or rental of land, ex isting buildings, or other immovable property 
or concerning rights thereon; 
 
- for the acquisition, development, producti on or co-production of programme material 
broadcasters and contracts for broadcasting time. 
 9. This Agreement shall not be applicable to the award of service contracts by Spanish 
entities listed in Annex 3 before 1 January 1997 or to the award of contracts by Greek or 
Portuguese entities listed in Annex 3 before 1 January 1998. 
 
10. The provision of services, including construc tion services, in the context of procurement 
procedures according to this Agreement is subject  to the conditions and qualifications for market 
access and national treatment as will be required by  Austria in conformity with her commitments 
under the GATS. 
 
10. This Agreement shall not appl y to contracts awarded to an en tity in Finland which itself is a 
contracting authority within the meaning of th e Public Procurement Act:  "Laki julkisista 
hankinnoista" (1505/92), or in Sweden within the meaning of the "Lag om offentlig upphandling" 
(1992:1528), on the basis of an exclusive right which it enjoys pursuant to a law, regulation or administrative provision or to contracts of employment in Finland and Sweden.  11. When a specific procurement may impair important national policy objectives, the Finnish or 
Swedish Governments may consider it necessary in singular procurement cases to deviate from the 
principle of national treatment in the Agreement.  A decision to this effect will be taken at Cabinet 
level.  Finland also reserves its position with regard to the application of this Agreement to the Åland 
Islands (Ahvenanmaa).   
 
NB: 
 - The EC reserves its right to review its curren t list of exclusions in the light of further 
developments relating to market issues in the t ext, in particular draft article II on scope and 
coverage. 
__________