WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  RESTRICTED 
GPA/O/LIE/5/Rev.1 
13 December 2011  
 
(11-6474) 
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 Liechtenstein
1 
 
Revision 
 
 The following communication, dated 13 December 2011, is being circulated at the request of 
the Delegation of Liechtenstein. 
 
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 du Liechtenstein1 
 
Révision 
  
 La communication ci-après, datée du 13 décembr e 2011, est distribuée à la demande de la 
délégation du Liechtenstein. 
 
Comité de Contratación Pública 
 
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN  
Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS  
DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL  
ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Liechtenstein1 
 
Revisión 
  
 La siguiente comunicación, de fecha 13 de diciembre de 2011, se distribuye a petición de la 
delegación de Liechtenstein. 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  
 GPA/O/LIE/5/Rev.1 
Page 3 
 
 
NEGOTIATIONS UNDER ARTICLE XXIV:7(b) AND (c) OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
REVISED DRAFT FINAL OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN 
  
 Liechtenstein is pleased to present its revised draft final offer.  Liechtenstein submits this offer, in accordance with Article XXIV:7 of  the Agreement on Government Procurement. 
Liechtenstein reserves the right to withdraw, amend, r estrict, restructure or extend this offer, in light 
of further negotiations, clarifications and offers  from other Parties including a positive outcome on the 
outstanding text related matters. 
  Liechtenstein is prepared to drop country-sp ecific derogations in the general notes, provided 
the Parties concerned are prepared to give comparab le effective access to Liechtenstein's suppliers to 
their respective markets. 
 
 Liechtenstein is also prepared to add country -specific derogations in the general notes if the 
Parties concerned would not be able to give comp arable effective access to Liechtenstein's suppliers 
to their respective markets.   Liechtenstein reaffirms its commitment to a successful conclusion of the negotiations on the 
extension of the coverage and the e limination of discriminatory measures. 
 
 Added text is underlined and deleti ons are marked by strikethroughs. 
 
 Additional information is placed in boxes. 
 GPA/O/LIE/5/Rev.1 
Page 4  
 
LIECHTENSTEIN  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities which Procure in Accordance With 
the Provisions of this Agreement 
  
Goods (specified in Annex 4)  Threshold:  SDR 130,000 
 Services  (specified in Annex 5)  Threshold:  SDR 130,000 
 
Construction services  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 
Government of the Principality of Liechtenstein 
Courts of the Principality of Liechtenstein 
Parliament of the Principality of Liechtenstein   
Notes to Annex 1  
 
1. Central government entities is meant to cove r also any subordinate entity of any central 
government entity provided it does not have a separate legal personality. 
 
2. The following shall not be cons idered as covered procurement: 
 
- procurement by procuring entities covered unde r this annex in regard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada; 
 
- procurement by procuring entities covere d under this annex of air traffic control 
equipment in regard of suppliers and se rvice providers from the United States; 
 
- procurement by procuring entities cove red under this Annex of good or service 
components of procurement which are not themselves covered by this Agreement in 
regard of suppliers and service providers from the Canada and United States; 
 
until such time as the Principa lity of Liechtenstein has accept ed that the Parties concerned 
provide satisfactory reciprocal access for goods, s uppliers, services and ser vice providers of the 
Principality of Liechtenstein to their own procurement market. 
 
3. Procurement by procuring entities covered unde r this Annex linked to programmes funded by 
EEA grants in regard of suppliers and servi ce providers of the Canada, Japan, Korea and 
United States shall not be considered as covered procurement until such time as the Principality of GPA/O/LIE/5/Rev.1 
Page 5 
 
 
Liechtenstein accepts that Canada, United States, Japan and Korea no longer operate discriminatory 
measures in favour of certain domestic small and minority businesses.1 
 
                                                      
1 Liechtenstein reserves its right not to grant access to pr ocurement funded by EEA-grants to suppliers 
and service providers from Japan, Korea and the United States, should a reciprocal balance of concessions not 
be achieved in the ongoing negotiations. GPA/O/LIE/5/Rev.1 
Page 6  
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
  
Goods (specified in Annex 4)  Threshold:  SDR 200,000 
 Services  (specified in Annex 5)  Threshold:  SDR 200,000 
 
Construction services  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level 
 2. All Bodies governed by public law.
1 
  
Notes to Annex 2  
 
1. The following shall not be c onsidered as covered procurement 
  (a) procurement by procuring entities covere d under this annex in regard of suppliers, 
services and service providers from the United States; 
 
 (b) procurement by procuring entities cove red under this annex in  regard of goods, 
services, suppliers and services suppliers from Canada; 
 
(c) Procurement by procuring entities listed in this annex paragraph 2, in regard of service 
providers of Israel, Japan and Korea; 
 
(dc) procurement by procuring entities covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada; 
 
(e) procurement by procuring entities cove red under this Annex of good or service 
components of procurement which are not themselves covered by this Agreement in 
regard of suppliers and service providers from the Canada and United States; 
 
                                                      
1 A body is considered to be governed by public law where it: 
 
- is established for the specific purpose of meeting needs in the general interest, not being of an 
industrial or commercial nature; 
 
- has legal personality;  and 
 
- is financed for the most part by the State, or regional or local authorities, or other bodies 
governed by public law, or is subject to management supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whose members are appointed 
by the State, regional or local authorities, or other bodies governed by public law. GPA/O/LIE/5/Rev.1 
Page 7 
 
 
(f) procurement by procuring entities covered under this Annex of a value less than the 
threshold applied for the same category of contracts awarded by Israel, Japan and 
Korea2; 
 
until such time as the Principa lity of Liechtenstein has accept ed that the Parties concerned  
provide satisfactory reciprocal access for goods, s uppliers, services and se rvice providers of the 
Principality of Liechtenstein to their own procurement market. 
 2. Procurement by procuring entities covered unde r this Annex linked to programmes funded by 
EEA grants in regard of suppliers and servi ce providers of the Canada, Japan, Korea and 
United States shall not be considered as covered procurement until such time as the Principality of 
Liechtenstein accepts that Canada, the Unite d States, Japan and Korea no longer operate 
discriminatory measures in favour of certain domestic small and minority businesses.3 
 
2. The provisions of Article XV III shall not apply to supplie rs and service providers of: 
 
- Israel, Japan and Korea in contesting the award of contracts listed in Annex 2, 
paragraph 2, until such time as the Principali ty of Liechtenstein accepts that they have 
completed coverage of sub-central entities, 
 
- Israel and Korea in contesting the award of contracts by entities of the Principality of 
Liechtenstein, whose value is less than the threshold applied for the same category of 
contracts awarded by these Parties. 
 
 
                                                      
2 Liechtenstein reserves its right to raise the thres hold in regard of providers of construction services 
from Japan to 15,000,000 SDR, should a reciprocal balance of concessions not be achieved in the ongoing 
negotiations. 
3 Liechtenstein reserves its right not to grant access to pr ocurement funded by EEA-grants to suppliers 
and service providers from Japan, Korea and the United States, should a reciprocal balance of concessions not 
be achieved in the ongoing negotiations. GPA/O/LIE/5/Rev.1 
Page 8  
 
ANNEX 3 
 
All Other Entities which Pr ocure in Accordance With 
the Provisions of this Agreement 
  
Goods (specified in Annex 4)  Threshold:  SDR 400,000 
 Services (specified in Annex 5)  Threshold:  SDR 400,000 
 
Works  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
  All contracting entities whose procurement is covered by the EEA utilities directive which are 
contracting authorities (e.g. those covered unde r Annex 1 and Annex 2)  or public undertakings
1 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, transpor t or distribution of drinking water or the 
supply of drinking water to such ne tworks (as specified under title I); 
 
(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  (as specified under title II); 
 
(c) the provision or operation of networks2 providing a service to the public in the field of 
transport by urban railway, automated system s, tramway, trolleybus, bus or cable (as 
specified under title III); 
 
(d) the exploitation of a geographical area for the purpose of the provision of airport or 
other terminal facilities to carriers  by air (as specified under title IV); 
 
(e) the exploitation of a geogra phical area for the purpose of the provision of inland port or 
other terminal facilities to  carriers by sea or inland waterway (as specified under 
title V); 
 
(f) provision of postal services  (as specified under title VI). 
 
                                                      
1 According to the EEA utilities directive, 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: 
- hold the majority of the undertaking's subscribed capital, or - control the majority of the votes attaching to shares issued by the undertaking, or 
- 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 auth ority of an EEA Member Stat e, such as conditions on 
the routes to be served, the capacity to be ma de available or the frequency of the service. GPA/O/LIE/5/Rev.1 
Page 9 
 
 
I. Production, transport or di stribution of drinking water  
 
 Public authorities and public undertakings pr oducing, transporting and distributing drinking 
water.  Such public authorities and public undertakings are operatin g under local legislation or under 
individual agreements based thereupon. 
 
 - Gruppenwasserversorgung Liechtensteiner Oberland   - Gruppenwasserversorgung Li echtensteiner Unterland 
 II. Production, transport or distribution of electricity  
 
 Public authorities and public undertakings for the production, transport and distribution of 
electricity operating on the basis of au thorizations for expropriation.   
 
 - Liechtensteinische Kraftwerke 
 
III. Contracting entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
 Liechtenstein Bus Anstalt 
  LIECHTENSTEINmobil 
   
 
 
IV. Contracting entities in th e field of airport facilities  
 
 None  V. Contracting entities in the field of inland ports  
 None 
 
VI. Postal Services 
 
 Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights. 
  
Notes to Annex 3  
 1. This Agreement shall not apply to contracts which the contracting entity awards for purposes 
other than the pursuit of their activities as described in this Annex or for the pursuit of such activities in 
a non-EEA country;  As of 1 January 2012 the "Liechtenstein Bus Anstalt" will change its name into 
"LIECHTENSTEINmobil".  This does not entail any change of coverage. GPA/O/LIE/5/Rev.1 
Page 10  
 
2. This Agreement shall not apply to contracts awarded by entities in this Annex: 
 
(a) by a contracting entity to an affiliated undertaking3;  or 
 
(b) by a joint venture formed exclusively by a number of contracting entities for the 
purpose of carrying out a relevant activity with in the meaning of paragraphs (1) to (6) 
of this Annex, to an undertaking which is affiliated with one of these contracting 
entities, 
 
provided that at least 80 per cent of the averag e turnover of the affili ated undertaking with 
respect to goods, services or construction se rvices for the preceding three years derives 
respectively from the provision of such servi ces or goods to undertakin gs with which it is 
affiliated. 
 
When more than one undertaking affiliated with the contracti ng entity provides the same or 
similar goods, services or construction services, the above percentages shall be calculated taking into 
account the total turnover deriving respectively from the provision of goods, services or construction 
services by those affiliated undertakings. 
 
When, because of the date on which an aff iliated undertaking was created or commenced 
activities, the turnover is not available for the prec eding three years, it will be sufficient for that 
undertaking to show that the turnover referred to in th is paragraph is credible, in particular by means 
of business projections.  3. This Agreement shall not apply to contracts awarded by entities in this Annex:  
 (a) by a joint venture, formed exclusively by a number of contracting entities for the 
purpose of carrying out activities of paragraphs  (1) to (6) of this Annex, to one of 
these contracting entities; or 
  (b) by a contracting entity to such a joint ve nture of which it forms part, provided that the 
joint venture has been set up in order to ca rry out the activity concerned over a period 
of at least three years and that the instru ment setting up the joint venture stipulates 
that the contracting entities, which form it, will be part thereof for at least the same 
period. 
 
4. This Agreement shall not apply to contracts for th e purchase of water, the supply of energy or of 
fuels for the production of energy. 
 5. This Agreement shall not apply to contracts of contracting entiti es other than a public authority 
exercising the supply of drinking wate r or electricity to networks whic h provide a service to the public, 
if they produce these services by themselves and consume them for the purpose of carrying out other 
activities than those described under this Annex unde r 1 and 3 and provided that the supply to the public 
network depends only on the entity's own consumption and does not exceed 30 per cent of the entity's 
total production of drinking water or  energy, having regard to the average for the preceding three years, 
including the current year.  
                                                      
3 "affiliated undertaking" means any undertaking the annual accounts of  which are consolidated with 
those of the procuring entity in accordance with the requ irements of Council Directive 83/349/EEC on 
consolidated accounts, or in case of entities not subject  to that Directive, 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. GPA/O/LIE/5/Rev.1 
Page 11 
 
 
6. This Agreement shall not appl y to contracts awarded by cont racting entities providing a bus 
service if other entities are free to offer the same se rvice either in general or in a specific geographical 
area and under the same conditions.  7. This Agreement shall not apply to contracts awarded by contracting entit ies pursuing an activity 
described in this Annex when that activitiy is exposed to full market competition. 
 8. The following shall not be cons idered 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 in regard of supplie rs and service providers of Canada and the United 
States of America;  
(ii) electricity in regard of suppliers a nd service providers of Canada and Japan; 
 
(iii) urban railway, tramway, trolley bus or  bus services covered under this Annex 
in regard of goods, services, supplie rs and service providers from Canada, 
Israel, Japan and the United States; 
 
(iv) operation of railway networks and bus services under this annex in regard of 
suppliers and service providers from Korea. 
 
(b) procurement by entities listed in this A nnex as regards procurement of HS Nos 8504, 
8535, 8537 and 8544 (electrical transformers, pl ugs, switches and insulated cables) in 
regard of suppliers of Israel and Kore a; and HS Nos 8501, 8536 and 902830 in regard 
of suppliers of Israel; 
 
(c) procurement by procuring entities covere d under this annex of air traffic control 
equipment in regard of suppliers and se rvice providers from the United States; 
 
(d) procurement of services in regard to Parties which do not  include service contracts for 
the relevant entities in Annexes 1 to 3 a nd the relevant service category under this 
Annex in their own coverage; 
 
(e) procurement by procuring entities cove red under this Annex of good or service 
components of procurement which are not themselves covered by this Agreement in 
regard of suppliers and service providers from the Canada and United States; 
 
 
(f) procurement by procuring entities covered under this Annex of a value less than the 
threshold applied for the same category of contracts awarded by Israel, Japan and 
Korea4; 
 
until such time as the Principa lity of Liechtenstein has accept ed that the Parties concerned 
provide satisfactory reciprocal access for goods, s uppliers, services and se rvice providers of the 
Principality of Liechtenstein to their own procurement market. 
 
                                                      
4 Liechtenstein reserves its right to raise the thres hold in regard of providers of construction services 
from Japan to 15,000,000 SDR should a reciprocal balance of concessions not be achieved in the ongoing 
negotiations. GPA/O/LIE/5/Rev.1 
Page 12  
 
9. Procurement by procuring entities covered unde r this Annex linked to programmes funded by 
EEA grants in regard of suppliers and service providers of the Canada, Japan, Korea and United 
States shall not be considered as covered proc urement until such time as the Principality of 
Liechtenstein accepts that Canada, the Unite d States, Japan and Korea no longer operate 
discriminatory measures in favour of certain domestic small and minority businesses.5 
 
9. The provisions of Arti cle XVIII shall not apply to suppliers and service providers of Israel and 
Korea in contesting the award of contracts by entities of the Principality of Liechtenstein, whose value is 
less than the threshold applied for the same cate gory of contracts awarded by these Parties. 
 
                                                      
5 Liechtenstein reserves its right not to grant access to pr ocurement funded by EEA-grants to suppliers 
and service providers from Japan, Korea and the United States, should a reciprocal balance of concessions not 
be achieved in the ongoing negotiations. GPA/O/LIE/5/Rev.1 
Page 13 
 
 
ANNEX 4 
 
Goods 
 
 
 This Agreement applies to govern ment contracts awarded for all goods purchased by the entities 
listed in Annexes 1 to 3, unless ot herwise stated by this agreement. 
 GPA/O/LIE/5/Rev.1 
Page 14  
 
ANNEX 5 
 
Services  
 
 
 The following services from the services sectoral classificati on list contained in 
document MTN.GNS/W/120 are included:   
Subject  
 
Maintenance and repair se rvices 6112, 6122, 633, 886 
 Land transport services, including armour ed car services,  712 (except 71235), 
and courier services, except  transport of mail 7512, 87304 
 
Air transport services of passengers and freight, except 73 (except 7321) 
transport of mail  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 investment services
1 
 Computer and related services 84  Accounting, auditing and bookkeeping services 862 
 
Market research and public  opinion polling services 864 
 Management consulting services  and related services 865, 866
2 
 
Architectural services; engi neering services and  867 
integrated engineering serv ices, urban planning and  
landscape architectural services; related scientific and technical consulting services ; technical testing and  
analysis services  
Advertising services 871 
 Building-cleaning services and pr operty management 874, 82201-82206 
services  
                                                      
1 Except contracts for financial services in connectio n with the issue, sale, pu rchase, or transfer of 
securities or other financial instruments, and central bank services 
2 Except arbitration and conciliation services GPA/O/LIE/5/Rev.1 
Page 15 
 
 
Publishing and printing services on a fee or contract 88442 basis  Sewage and refuse disposal; sa nitation and similar services 94 
 
 
Notes to Annex 5  
 
1. Covered services do not include services which entities have to procure from another entity 
pursuant to an exclusive right established by a pub lished law, regulation or administrative provision. 
 
2. Procurement by procuring entities covered under Annexes 1 to 3 of any of the services covered under this Annex is a covered procurement in regard of  a particular Party’s prov ider of service only to 
the extent that such Party has c overed that service under its Annex 5.  
 GPA/O/LIE/5/Rev.1 
Page 16  
 
ANNEX 6 
 
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:  
 
Pre-erection work at construction sites 511 
 
General construction work for buildings 512  General construction work for civil engineering 513  Installation and assembly work 514 
 
Special trade construction work 515  Installation work 516  
Building completion and finishing work 517 
 Other 518   
Note to Annex 6 
 
 Procurement by procuring entities covered under Annexes 1 to 3 of any of the services covered under this Annex is a covered procurem ent 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/O/LIE/5/Rev.1 
Page 17 
 
 
ANNEX 7 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
1. The Agreement shall not apply to: 
 
- procurement of agricultural products made  in furtherance of agricultural support 
programmes and human feeding programmes. 
 
- the acquisition, development, production or  co-production of programme material by 
broadcasters and contract s for broadcasting time. 
 2. 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 the Pr incipality of Liechtenstein in conformity with its 
commitments under the GATS.  3. Contracts awarded by procuring entities c overed under Annexes 1 and 2 in connection with 
activities in the fields of drinking water, energy, transport and the posta l sector are not covered by this 
Agreement unless covered under Annex 3. 
 
4. Liechtenstein understands that und er Article II, ch. 2(a)(ii), the Agreement is not applicable to 
fund placements of insured person s conducted by public entities or  undertakings such as public 
insurance and pensions funds.  
__________