RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/LIE/1 
25 June 2010 
 (10-3504) 
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 
 
 
 The following communication, dated 22 June 2010,  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 Liechtenstein
1 
 
 
 La communication ci-après, datée du 22 juin 2010, 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 
   La siguiente comunicación, de fecha 22 juni o de 2010, se distribuye a petición de la 
delegación de Liechtenstein.  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. GPA/O/LIE/1 
Page 2  
 
 
NEGOTIATIONS UNDER ARTICLE XXIV:7(b) AND (c) OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN 
 
  Liechtenstein submits this offer, in accorda nce with Article XXIV:7 of the Agreement on 
Government Procurement.  Liechtenstein reserves the right to withdraw, amend, restrict, restructure or extend this offer, in light of further negotiations , clarifications and offers from other Parties. 
 
 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. 
 
 This offer is made available both in a track-c hanges version (pages 3-12) as well as in a clean 
version (see page 13 onwards).  
  GPA/O/LIE/1 
 Page 3 
 
 
 
LIECHTENSTEIN  
 
(Authentic in the English language only) 
 
 
ANNEX 1 
 
Central Government Entities which Procure in Accordance With 
the Provisions of this Agreement 
 
 Supplies  Threshold:  SDR 130,000 
 Services  (specified in Annex 4)  Threshold:  SDR 130,000 
 
Construction services  (specified in Annex 5)  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  
  Note to Annex 1  
 
 The Agreement shall not apply to contracts awar ded by contracting authorities in the field of 
drinking water, energy, tran sport or telecommunications. 
 GPA/O/LIE/1 
Page 4  
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
  
Supplies  Threshold:  SDR 200,000 
 Services  (specified in Annex 4)  Threshold:  SDR 200,000 
 
Construction services  (specified in Annex 5)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level. 
 2. Bodies governed by public law and not having an industrial or commercial character at the local 
level. 
  Note to Annex 2  
 
 The Agreement shall not apply to contracts aw arded by contracting au thorities in connection 
with activities in the field of drinking wate r, energy, transport or telecommunications. 
 
  GPA/O/LIE/1 
 Page 5 
 
 
 
ANNEX 3 
 
All Other Entities which Pr ocure in Accordance With 
the Provisions of this Agreement 
 
 Supplies  Threshold:  SDR 400,000 
 Services  Threshold:  SDR 400,000 
 
Works  (specified in Annex 5)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 
 The contracting entities which are public authorities
1 or public undertakings2 and which have as 
at least one of their activities an y of those referred to below: 
 1. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, transport or di stribution of drinking water or the supply of 
drinking water to such networks  (as specified under title I); 
 2. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, tran sport or distribution of  electricity or the s upply of electricity 
to such networks (as specified under title II); 
 
                                                     
 
1 Public authorities means the State, regional or local authorities, bodies governed by public law, or 
associations formed by one or more of such authorities or  bodies governed by public law.  A body is considered to 
be governed by public law where it: 
 
 - is established for the specific purpose of meet ing 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 mana gement supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whos e members are appointed 
by the State, regional or local authorities, or other bodies governed by public law. 
2 Public undertakings means any undertaking over which the public 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 public 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 members of the undertaking's administrative, managerial or 
supervisory body. GPA/O/LIE/1 
Page 6  
 
3. the operation of fixed networks providing a se rvice to the public in the field of transport by 
urban railway, automated system s, tramway, trolleybus, bus or cable (as specified under 
title III); 
 4. 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); 
 5. the exploitation of a geographi cal area for the purpose of the provision of inland port or other 
terminal facilities to carrie rs by sea or inland waterway  (as specified under title V). 
 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 Liechtensteiner 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  authorizations for expropriation pursuant to the "Gesetz vom 
16. Juni 1947 betreffend die "Liechtenste inischen Kraftwerke" (LKWG)" . 
 
 - Liechtensteinische Kraftwerke 
 
III. Contracting entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
Liechtensteinische Post -, Telefon - und Telegrafenbe triebe (PTT)  
 
according to "Vertrag vom 9.  Januar  1978 zwischen dem Fürstentum Liechtenstein und der 
Schweizerischen Eidgenossenschaf t über die Besorgung der Post - und Fernmeldedienste im Fürsten tum 
Liechtenstein durch die Schweizerischen Post -, Telefon - und Telegrafenbetriebe (PTT).  
 
 Liechtenstein Bus Anstalt  
 
IV. Contracting entities in th e field of airport facilities  
 
 None.  V. Postal Services
 
 
 Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights.  
   GPA/O/LIE/1 
 Page 7 
 
 
Notes to Annex 3  
 
This Agreement shall not apply:  1. to contracts which the contracting entity awar ds for purposes other than the pursuit of their 
activities as described in this Annex; 
 2.
 to contracts awarded  for purposes of re -sale or hire to third parties,  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 contr acting entity.  
 
32. to contracts for the purchase of water; 
 4
3. to contracts of contracting entit ies other than a public authority exercising the supply of drinking 
water or electricity to networks which 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 under I and II and provided that the supply to the public network depends only on the entity's own consump tion and does not exceed 30 per cent of the 
entity's total production of drinking water or en ergy, having regard to the average for the 
preceding three years; 
 
5
4. to contracts for the supply of energy or of fuels for the production of energy; 
 6
5. to contracts awarded by contracting entities providing a bus service if other entities are free to 
offer the same service either in general or in a specific geographical ar ea and under the same 
conditions; 
 
6. to contracts awarded by contracting entities pur suing an activity described in this Annex when 
that activitiy is exposed to full market competition.  
 GPA/O/LIE/1 
Page 8  
 
 
ANNEX 4 
 
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
1 
 Financial services ex 81  
(a) Insurance services 812, 814 
 (b) Banking and investment services
2 
 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
3 
 
Architectural services;  en gineering 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 voice telephony, telex, radiotelephony, paging and satellite services.  
2 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. 
3 Except arbitration and conciliation services.  GPA/O/LIE/1 
 Page 9 
 
 
Publishing and printing services on a fee or contract 88442 basis  Sewage and refuse disposal; sa nitation and similar services 94 
 
 
Notes to Annex 4  
 
The Agreement shall not apply to:  
1. service contracts awarded to an entity which is it self a procuring entity listed in Annex 1 or 2 on 
the basis of an exclusive right which it enjo ys pursuant to a published law, regulation or 
administrative provision; 
 2. service contracts which a contracting entity aw ards to an affiliated undertaking or which are 
awarded by a joint venture formed by a number of contracting entities for the purpose of 
carrying out an activity within the meaning of Anne x 3 or to an undertaking which is affiliated 
with one of these contracting entities.  At le ast 80 per cent of the average turnover of that 
undertaking for the preceding thre e years has to derive from the provision of such services to 
undertakings with which it is aff iliated.  Where more than one undertaking affiliated with the 
contracting entity provides the same service, th e total turnover deriving from the provision of 
services by those undertakings shall be taken into account; 
 3.
 contracts for the acquisition or rental, by whatev er means, of land, existing buildings, or other 
immovable property or concerning rights thereon.  
 
4. to contracts of  employment.  
 5
3. for the acquisition, development, production or co-production of programme material by 
broadcasters and contract s for broadcasting time. 
 GPA/O/LIE/1 
Page 10  
 
ANNEX 5 
 
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:  
 General construction work for buildings 512 
 General construction work for civil engineering 513  Installation and assembly work 514 + 516  
Building completion and finishing work 517 
 Other 511 + 515 + 518    GPA/O/LIE/1 
 Page 11 
 
 
ANNEX 6  
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE III IV 
  
A. Specific derogations by country
 
 1. The Principality of Liechtenstein will not extend the benefits of this Agreement: 
  - as regards the award of contracts by entiti es listed in Annex 2 to the suppliers and 
service providers of Ca nada and the United States of America, 
  - as regards the award of contracts by entiti es listed in Annex 3 in  the following sectors: 
   - water:  to the suppliers and service providers of Canada and the United States 
of America; 
   - electricity:  to the suppliers and service providers of Canada, Japan and the 
United States of America; 
   - urban transport:  to the suppliers and service providers of Canada, Israel, Japan, 
Korea and the United States of America, 
  until such time as the Principality of Liechten stein has accepted that the Parties concerned give 
comparable and effective access for undertakings of the Principality of Liechtenstein 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
XVIII  shall not apply to suppliers and service providers of: 
 
 - Israel, Japan and Korea in contesting the award of contracts by bodies governed by 
public law and not having an industrial or commercial character 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; 
 
 - Canada, Japan, Korea and the United States of America 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 unde r the relevant provisions of the law of 
Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate disc riminatory measures in favour of certain domestic small and 
minority businesses; 
  - Israel, Japan 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. 
 
3. Until such time as the Principality of Liec htenstein has accepted that the Parties concerned 
provide access for supplie rs and service providers to their own markets, the Principality of 
Liechtenstein will not extend the benefits of th is Agreement to suppliers  and service providers 
of: 
 GPA/O/LIE/1 
Page 12  
 
 - 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 (except 7010 ADPE c onfigurations);  office machines, visible record 
equipment and ADP equipment); 
 
 - Canada, as regards procurement of FSC 58 (communications, protection and coherent 
radiation equipment) and the United States of America as regards air traffic control equipment; 
  - Korea and Israel as regard s procurement by entities listed in Annex 3, paragraph (B) as 
regards procurement of HS Nos 8504, 8535,  8537 and 8544 (electri cal transformers, 
plugs, switches and insulated cables);  and for Israel, HS Nos 8501, 8536 and 902830; 
  - Canada and the United States of Amer ica as regards contracts 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 for the joint implementation or exploitation of 
a project by signatory States;  
 
 - the particular procedure of an inter national organization.   
 5
4. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes a nd human feeding programmes.   
 
65. The provision of services, including construc tion services, in the context of procurement 
procedures according to this Agreement is s ubject 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 co mmitments under the GATS. 
 
B. General derogations  
  The Agreement shall not apply to services carried  out by an internal contractor or by specific 
contractors with legal personality (in-house).  
 
C. Liechtenstein understands that under Article II, ch . 2 a) ii, the Agreement is not applicable to 
fund placements of insured persons conducted by  public entities or undertakings such as public 
insurance and pensions funds.  
  GPA/O/LIE/1 
 Page 13 
 
 
LIECHTENSTEIN  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities which Procure in Accordance With 
the Provisions of this Agreement 
  
Supplies  Threshold:  SDR 130,000 
 Services  (specified in Annex 4)  Threshold:  SDR 130,000 
 
Construction services  (specified in Annex 5)  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   
Note to Annex 1  
 
 The Agreement shall not apply to contracts awar ded by contracting authorities in the field of 
drinking water, energy, tran sport or telecommunications. 
 GPA/O/LIE/1 
Page 14  
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
  
Supplies  Threshold:  SDR 200,000 
 Services  (specified in Annex 4)  Threshold:  SDR 200,000 
 
Construction services  (specified in Annex 5)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level 
 2. Bodies governed by public law and not having an industrial or commercial character at the local 
level. 
  Note to Annex 2  
 
 The Agreement shall not apply to contracts aw arded by contracting au thorities in connection 
with activities in the field of drinking wate r, energy, transport or telecommunications. 
  GPA/O/LIE/1 
 Page 15 
 
 
ANNEX 3 
 
All Other Entities which Pr ocure in Accordance With 
the Provisions of this Agreement 
  
Supplies  Threshold:  SDR 400,000 
 Services  Threshold:  SDR 400,000 
 
Works  (specified in Annex 5)  Threshold:  SDR 5,000,000 
  
List of Entities:  
  The contracting entities which are public authorities
1 or public undertakings2 and which have as 
at least one of their activities an y of those referred to below: 
 1. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, transport or di stribution of drinking water or the supply of 
drinking water to such networks  (as specified under title I); 
 
2. the provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, tran sport or distribution of  electricity or the s upply of electricity 
to such networks (as specified under title II); 
 
3. the operation of fixed networks providing a se rvice to the public in the field of transport by 
urban railway, automated system s, tramway, trolleybus, bus or cable (as specified under 
title III); 
                                                     
 
1 Public authorities means the State, regional or local authorities, bodies governed by public law, or 
associations formed by one or more of such authorities or  bodies governed by public law.  A body is considered to 
be governed by public law where it: 
 
 - is established for the specific purpose of meet ing 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 mana gement supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whos e members are appointed 
by the State, regional or local authorities, or other bodies governed by public law. 
2Public undertakings means any undertaking over which the public 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 public 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 members of the undertaking's administrative, managerial or 
supervisory body. GPA/O/LIE/1 
Page 16  
 
 4. 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); 
 5. the exploitation of a geographi cal area for the purpose of the provision of inland port or other 
terminal facilities to carrie rs by sea or inland waterway  (as specified under title V). 
 
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 Liechtensteiner 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 authorizations 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  
IV. Contracting entities in th e field of airport facilities  
 
 None. 
 
V. Postal Services 
 
 Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights. 
 
 
Notes to Annex 3  
 
This Agreement shall not apply:  1. to contracts which the contracting entity awar ds for purposes other than the pursuit of their 
activities as described in this Annex; 
 2. to contracts for th e purchase of water; 
 3. to contracts of contracting entities other than a public authority exercising the supply of drinking 
water or electricity to networks which 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 under I and II and provided that the supply to the public network depends only on the entity's own consump tion and does not exceed 30 per cent of the 
entity's total production of drinking water or en ergy, having regard to the average for the 
preceding three years;  GPA/O/LIE/1 
 Page 17 
 
 
 4. to contracts for the supply of energy  or of fuels for the production of energy; 
 5. to contracts awarded by contracting entities prov iding a bus service if other entities are free to 
offer the same service either in general or in a specific geographical ar ea and under the same 
conditions; 
 6. to contracts awarded by contracting entities pur suing an activity described in this Annex when 
that activitiy is exposed to full market competition. 
 GPA/O/LIE/1 
Page 18  
 
 
ANNEX 4 
 
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;  en gineering 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 connection with the issue, sale, purchase, or tran sfer of securities or other 
financial instruments, and central bank services.  
2 Except arbitration and conciliation services.   GPA/O/LIE/1 
 Page 19 
 
 
Publishing and printing services on a fee or contract 88442 basis  Sewage and refuse disposal; sa nitation and similar services 94 
 
 
Notes to Annex 4  
 
The Agreement shall not apply to:  
1. service contracts awarded to an entity which is it self a procuring entity listed in Annex 1 or 2 on 
the basis of an exclusive right which it enjo ys pursuant to a published law, regulation or 
administrative provision; 
 2. service contracts which a contracting entity aw ards to an affiliated undertaking or which are 
awarded by a joint venture formed by a number of contracting entities for the purpose of 
carrying out an activity within the meaning of Anne x 3 or to an undertaking which is affiliated 
with one of these contracting entities.  At le ast 80 per cent of the average turnover of that 
undertaking for the preceding thre e years has to derive from the provision of such services to 
undertakings with which it is aff iliated.  Where more than one undertaking affiliated with the 
contracting entity provides the same service, th e total turnover deriving from the provision of 
services by those undertakings shall be taken into account; 
 3. for the acquisition, development, producti on or co-production of programme material by 
broadcasters and contract s for broadcasting time. 
 GPA/O/LIE/1 
Page 20  
 
ANNEX 5 
 
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:  
 General construction work for buildings 512 
 General construction work for civil engineering 513  Installation and assembly work 514 + 516  
Building completion and finishing work 517 
 Other 511 + 515 + 518   GPA/O/LIE/1 
 Page 21 
 
 
ANNEX 6 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
A. Specific derogations by country 
 1. The Principality of Liechtenstein will not extend the benefits of this Agreement: 
  - as regards the award of contracts by entiti es listed in Annex 2 to the suppliers and 
service providers of Ca nada and the United States of America, 
  - as regards the award of contracts by entiti es listed in Annex 3 in  the following sectors: 
   - water:  to the suppliers and service providers of Canada and the United States 
of America; 
   - electricity:  to the suppliers and service providers of Canada, Japan and the 
United States of America; 
   - urban transport:  to the suppliers and service providers of Canada, Israel, Japan, 
Korea and the United States of America, 
  until such time as the Principality of Liechten stein has accepted that the Parties concerned give 
comparable and effective access for undertakings of the Principality of Liechtenstein 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 XV III shall not apply to supplie rs and service providers of: 
 
 - Israel, Japan and Korea in contesting the award of contracts by bodies governed by 
public law and not having an industrial or commercial character 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; 
 
 - Canada, Japan, Korea and the United States of America 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 unde r the relevant provisions of the law of 
Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate disc riminatory measures in favour of certain domestic small and 
minority businesses; 
  - Israel, Japan 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. 
 
3. Until such time as the Principality of Liec htenstein has accepted that the Parties concerned 
provide access for supplie rs and service providers to their own markets, the Principality of 
Liechtenstein will not extend the benefits of th is Agreement to suppliers  and service providers 
of: 
 GPA/O/LIE/1 
Page 22  
 
 - 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 (except 7010 ADPE c onfigurations);  office machines, visible record 
equipment and ADP equipment); 
 
 - Canada, as regards procurement of FSC 58 (communications, protection and coherent 
radiation equipment) and the United States of America as regards air traffic control equipment; 
  - Korea and Israel as regard s procurement by entities listed in Annex 3, paragraph (B) as 
regards procurement of HS Nos 8504, 8535,  8537 and 8544 (electri cal transformers, 
plugs, switches and insulated cables);  and for Israel, HS Nos 8501, 8536 and 902830; 
  - Canada and the United States of Amer ica as regards contracts 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 procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes. 
 5. The provision of services, including construc tion services, in the context of procurement 
procedures according to this Agreement is s ubject 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 co mmitments under the GATS. 
 B. General derogations 
 
 The Agreement shall not apply to services carried  out by an internal contractor or by specific 
contractors with legal personality (in-house).  C. Liechtenstein understands that under article II, ch. 2 a) ii, the Agreement is not applicable to 
fund placements of insured persons conducted by  public entities or undertakings such as public 
insurance and pensions funds. 
 
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