WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/JPN/1 
23 December 2004 
 (04-5655) 
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 Japan
1 
  
 The following communication, dated 17 December 2004, is being circulated at the request of 
the Delegation of Japan. 
 
 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 Japon
1 
 
 
 La communication ci-après, datée du 17 décembr e 2004, est distribuée à la demande de la 
délégation du Japon.  
 
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 del Japón1 
 
  La siguiente comunicación, de fecha de 17 diciembre de 2004, se distribuye a petición de la delegación del Japón.  
                                                      
1 In English only./En anglais seulement./En inglés solamente. GPA/O/JPN/1 
Page 2  
 
 Japan's Request to Canada 
 
 The following are Japan's requests to Ca nada.  Japan expects Canada will make 
improvements in its offer in terms of expansion of coverage and elimin ation of discriminatory 
measures and practices through the upcoming bilate ral consultations and discussions in the GPA 
Committee.  Japan reserves its right to revise and/or s upplement this request at a later stage.  Japan is 
ready to respond to any questions concerni ng this request through the consultations. 
 
Annex 1 
 
 Japan requests that all centr al government entities which are currently not covered by the 
GPA be included in Canada's Annex 1 if any.  
Annex 2 
 
 Japan requests that all ten provinces and thr ee territories be offered as Canada’s Annex 2 
entities. 
 
Annex 3 
 
 Japan requests that the following entities be  included in Canada's Annex 3 entities: 
 
 Canada Post Corporation 
 National Capital Commission 
 St. Lawrence Seaway Authority 
 Royal Canadian Mint 
 Canadian Museum of Civilization 
 Canadian Museum of Nature 
 National Gallery of Canada 
 National Museum of Science and Technology 
 Defense Construction (1951) Ltd. 
 Canada School of Public Service 
 Canadian Air Transport Security Authority (CATSA) 
 Canadian Intergovernmental Conference Secretariat 
 Canadian Museum of Civilization 
 Marine Environmental Data Services 
 Marine Navigation Services 
 Infrastructure Canada 
 Library and Archives Canada 
 National Art Centre 
 Transportation Safety Board of Canada 
 VIA Rail Canada Inc. 
 
Annex 4 
 
 Japan requests that sub–central government  entities in Annex 2 as well as sub-central 
enterprises in Annex 3 procure all the servi ces listed in the current Canada's Annex 4. 
  GPA/O/JPN/1 
 Page 3 
 
 
 Annex 5 
 
 Japan requests that Canada include both dre dging and any construction services procured on 
behalf of the Department of Transport in its c overage in Annex 5;  both of these are currently 
excluded from Canada's coverage. GPA/O/JPN/1 
Page 4  
 
 Japan's Request to the European Communities 
 
 The following are Japan's requests to the European Communities.  Japan expects the 
European Communities will make improvements in its offer in terms of expansion of coverage and 
elimination of discriminatory measures and practices through the upcoming bila teral consultations and 
discussions in the GPA Committee.  Japan reserves its ri ght to revise and/or supplement this request at 
a later stage.  Japan is read y to respond to any questions concerning this request through the 
consultations.  
Annex 1 
 
 Japan requests that all central government en tities of all the EC member States which are 
currently not covered by the GPA be included in the EC's Annex 1.  For Denmark and Portugal 
  Japan requests the EC to include all divisions /departments of the currently covered Annex 1 
entities of Denmark and Portugal.   Japan also requests that the following entiti es be included as the EC's Annex 1 entities: 
 
Belgium 
 
 Supreme Court of Justice (Cour de Cassation) 
 Senate (Sénat) 
 Chamber of Deputies (Chambre des Représentants) 
 Denmark 
 
 Supreme Court 
 Germany 
 
 Federal Constitutional Court 
 Federal Assembly 
 Federal Council 
 Greece 
 
 Supreme Judicial Court 
 Special Supreme Tribunal 
 Parliament 
 Spain 
 
 Supreme Court (Tribunal Supremo) 
 Senate (Senado) 
 Congress of Deputies (Congreso de los Diputados) 
  GPA/O/JPN/1 
 Page 5 
 
 
 France 
 
 Supreme Court of Appeals (Cour de Cassation) 
 Senate (Sénat) 
 National Assembly (Assemblée Nationale) 
 Ireland 
 
 Supreme Court 
 Italy 
 
 Constitutional Court 
 Senate 
 Chamber of Deputies 
 
Luxembourg 
 
 Supreme Court of Appeals 
 Chamber of Deputies (Chambre des Députés) 
 
Hungary 
 
 Constitutional Court 
 National Assembly 
 
Malta 
 
 Constitutional Court 
 Court of Appeal 
 House of Representatives 
 
Netherlands 
 
 Supreme Court 
 
Austria 
 
 Supreme Judicial Court 
 Federal Council 
 National Council 
 
Portugal 
 
 Assembly of the Republic 
 
Finland 
 
 Supreme Court 
 Parliament 
 GPA/O/JPN/1 
Page 6  
 
 Annex 2 
 
 Japan requests that the upper level of all local  governments (i.e. states, prefectures, provinces, 
cantons, etc.) which are currently not covered by th e GPA all be included in the EC's Annex 2.  
 
 Japan also requests the EC to standardize the format of sche duling the covered entities of each 
member State for the sake of foreign suppliers who are not necessarily familiar with the EC Directive. 
 
Annex 3 
 
 Japan requests the EC to standardize the form at of scheduling the covered entities of each 
member State and also requests then to identify sp ecific entities which procure in accordance with the 
GPA for the sake of foreign suppliers who are not necessarily familiar with the EC Directive.   Japan also requests that the entities listed in Annex VI (contracting entities in the field of 
railway services) of Directive 93/38/EEC be included in the EC's Annex 3. 
  Moreover, Japan requests the EC to lower th e current threshold of 400,000SDR for supplies 
and services other than works to 200,000 SDR.  
General Notes 
 
 Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan re quests the EC to abolish its derogation clauses 
regarding Japan in General Notes 1 bot h (b) and (e) and General Notes 2.  GPA/O/JPN/1 
 Page 7 
 
 
 Japan's Request to Hong Kong, China 
 
 The following are Japan's requests to Hong Ko ng, China.  Japan expects Hong Kong, China 
will make improvements in its offer in terms of  expansion of coverage and elimination of 
discriminatory measures and practices through the upc oming bilateral consulta tions and discussions in 
the GPA Committee.  Japan reserves its right to revise and/or supplement this request at a later stage.  
Japan is ready to respond to any questions con cerning this request through the consultations. 
 
Annex 1 
 
 Japan requests that all centr al government entities which are currently not covered by the 
GPA be included as Hong Kong, China's Annex 1 entities if any. 
 
Annex 3 
 
 Japan requests Hong Kong, China to lower the current threshold of 400,000SDR for supplies 
and services other than constr uction services to 200,000 SDR. 
 
General Notes 
 
 Regarding General Notes 3, Japan requests H ong Kong, China to abolish its requirement of 
having establishment within Hong Kong, China in  order for suppliers to apply for the necessary 
licences. GPA/O/JPN/1 
Page 8  
 
 Japan's Request to Iceland 
 
 The following are Japan's requ ests to Iceland.  Japan expects Iceland will make improvements 
in its offer in terms of expans ion of coverage and eliminati on of discriminatory measures and 
practices through the upcoming bilateral consultations  and discussions in the GPA Committee.  Japan 
reserves its right to revise and/or supplement this requ est at a later stage.  Japan is ready to respond to 
any questions concerning this request through the consultations.  
Annex 1 
 
 Japan requests that all centr al government entities which are currently not covered by the 
GPA be included as Iceland's Annex 1 entities if any.  
Annex 2 
 
 Japan requests that Iceland list all specific en tities name which procure in accordance with the 
GPA.  
Annex 3 
 
 Japan requests Iceland to lowe r its current threshold of 400,000SDR for supplies and services 
other than construction services to 200,000 SDR. 
 
General Notes 
 
 Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these 
provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan request s Iceland to abolish its General Notes 1 (1) and 
(2) as well as General Notes 2.   GPA/O/JPN/1 
 Page 9 
 
 
 Japan's Request to Korea 
 
 The following are Japan's requ ests to Korea.  Japan expects Korea will make improvements in 
its offer in terms of expansion of  coverage and elimination of discriminatory measures and practices 
through the upcoming bilateral cons ultations and discussions in the GPA Committee.  Japan reserves 
its right to revise and/or supplement this request at  a later stage.  Japan is ready to respond to any 
questions concerning this request through the consultations.  
Annex 1 
 
 Japan requests that all centr al government entities which are currently not covered by the 
GPA be included as Korea's Annex 1 entities if any.  
Annex 3 
 
 Japan requests that the following entitie s be offered as Korea's Annex 3 entities: 
 
 Korea Airports Corporation 
 National Institute of Agricultural Engineering 
 Korea Ocean Research and Development Institute 
 National Fisheries Research and Development Institute 
 Korea Center for Disease Control and Prevention 
 National Rehabilitation Center 
 National Museum of Contemporary Art, Korea 
 National Museum of Korea 
 The National Library of Korea 
 National Center Korea Traditional Performing Arts 
 Korean Educational Development Institute 
 Korea Research Foundation 
 ENVICO 
 National Institute of Environmental Research 
 Seoul Metropolitan Subway Corporation 
 Seoul Metropolitan Rapid Transit Corporation 
 Incheon Rapid Transit Corporation 
 City of Pusan Subway 
 City of Daegu Subway 
 Annex 5 
  Korea's coverage in construction services is offe red in the sense of Division 51 of the Central 
Product Classification (CPC).  However, in its An nex 5, Korea only mentions CPC 511 to CPC 517.  
Japan requests Korea to include all services listed in Division 51;  specifically Japan requests that 
CPC 518 (Renting services related to equipment for c onstruction or demolition of buildings or civil 
engineering works, with operator) be added to Korea's Annex 5. 
 GPA/O/JPN/1 
Page 10  
 
 Japan's Request to Liechtenstein 
 
 The following are Japan's requ ests to Liechtenstein.  Japan expects Liechtenstein will make 
improvements in its offer in terms of expansion of coverage and elimin ation of discriminatory 
measures and practices through the upcoming bilate ral consultations and discussions in the GPA 
Committee.  Japan reserves its right to revise and/or s upplement this request at a later stage.  Japan is 
ready to respond to any questions concerni ng this request through the consultations. 
 
Annex 1 
 
 Japan requests that all centr al government entities which are currently not covered by the 
GPA be included as Liechtenstein 's Annex 1 entities if any. 
 
Annex 2 
 
 Japan requests that Liechtenstein will offer th e upper level of all local government entities 
which are currently not covered by the GPA if any. 
 
Annex 3 
 
 Japan requests Liechtenstein to lower its current threshold of 400,000SDR for supplies and 
services other than works (specified  in Annex 5) to 200,000 SDR. 
 
General Notes 
 
 Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these 
provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan request s Liechtenstein to abolis h its derogation clauses 
regarding Japan in General Notes 1 and General Notes 2.   GPA/O/JPN/1 
 Page 11 
 
 
 Japan's Request to Norway 
 
 The following are Japan's requests to No rway.  Japan expects Norway will make 
improvements in its offer in terms of expansion of coverage and elimin ation of discriminatory 
measures and practices through the upcoming bilate ral consultations and discussions in the GPA 
Committee.  Japan reserves its right to revise and/or s upplement this request at a later stage.  Japan is 
ready to respond to any questions concerni ng this request through the consultations. 
 
Annex 1 
 
 Japan requests Norway to include all centr al government entities which are currently not 
covered by the GPA if any.   Japan also requests that all divisions/departm ents as well as all the subordinate bodies of the 
currently covered entities be included. 
 
Annex 3 
 
 Japan requests that Norway lower its curre nt threshold of 400,000SDR for supplies and 
services other than works to 200,000 SDR.  General Notes 
  Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan re quests Norway to abolish its derogation clauses 
regarding Japan in General Notes 1 and General Notes 2. GPA/O/JPN/1 
Page 12  
 
 Japan's Request to Switzerland 
 
 The following are Japan's requests to Switzer land.  Japan expects Switzerland will make 
improvements in its offer in terms of expansion of coverage and elimin ation of discriminatory 
measures and practices through the upcoming bilate ral consultations and discussions in the GPA 
Committee.  Japan reserves its right to revise and/or s upplement this request at a later stage.  Japan is 
ready to respond to any questions concerni ng this request through the consultations. 
 
Annex 1 
 
 Japan requests Switzerland to include all cen tral government entities which are currently not 
covered by the GPA if any.   Japan also requests that all divisions/departm ents as well as all the subordinate bodies of the 
currently covered entities be included.  Annex 2 
  Japan requests that Switzerland offer all lo cal government entities at the uppermost level 
which are currently not covered by the GPA, if any.  Annex 3 
  Japan requests that Switzerland lower its current threshold of 400,000SDR for supplies and services other than construction service to 200,000 SDR.  General Notes 
  Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan requ ests Switzerland to abolish its derogation clauses 
regarding Japan in General Notes 1 and General Notes 2. 
  GPA/O/JPN/1 
 Page 13 
 
 
 Japan's Request to the United States 
 
 The following are Japan's requests to the United States.  Japan expects the United States will 
make improvements in its offer in terms of expans ion of coverage and elimination of discriminatory 
measures and practices through the upcoming bilate ral consultations and discussions in the GPA 
Committee.  Japan reserves its right to revise and/or s upplement this request at a later stage.  Japan is 
ready to respond to any questions concerni ng this request through the consultations. 
 
Annex 1 
 
 Japan requests the United States to include all central governme nt entities which are currently 
not covered by the GPA.   Japan requests the United States to include pr ocurements of the Transportation Security 
Administration of the Department of Homeland Security in its Annex 1 entities. 
 
 Japan also requests the United States to e xpand its entities list by adding the following 
entities:  
 the United States Senate 
 the United States House of Representatives 
 the United States Supreme Court 
 Federal Bureau of Investigation 
 Annex 2 
  Japan requests the United States to include the following States in its Annex 2 entities: 
 
 Alabama 
 Alaska 
 Georgia 
 Indiana 
 Nevada 
 New Jersey 
 New Mexico 
 North Carolina 
 North Dakota 
 Ohio 
 South Carolina 
 Virginia 
 West Virginia 
 
 Japan also requests that the United States current Annex 2 entities include all offices, 
departments, branches and agencies respectively.   Japan requests the United Stat es to lower its current threshold of 355,000SDR for supplies 
and services other than constr uction service to 200,000 SDR. 
 GPA/O/JPN/1 
Page 14  
 
 Annex 3 
 
 Japan requests the United Stat es to lower its current threshold of 400,000SDR for supplies 
and services other than construction to 200,000 SDR for all entities listed in its Annex 3. 
 General Notes 
 
 Japan believes that party-specific non-applica tion provisions are derogations from the non-
discriminatory principle under Article III of the GPA.  Moreover, Japan is of a view that these provisions are administratively complicated for proc uring entities when they apply these provisions in 
their actual tendering procedures.  Thus, Japan requ ests the United States to abolish its derogation 
clauses regarding Japan in General Notes 7 and General Notes 9. 
 
__________