WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/V/LIE/1 
5 March 2012 
 (12-1257) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS  
UNDER ARTICLE XXIV:7 OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Liechtenstein
1 
 
 
 The following submission, dated 5 March 2012, is being circulated at the request of the 
Delegation of Liechtenstein. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RESULTATS DES NEGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication du Liechtenstein
1 
 
 
 La communication ci-après, datée du 5 mars 2012, est distribuée à la demande de la délégation du Liechtenstein. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV 
DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Liechtenstein
1 
   La siguiente comunicación, de fecha 5 de ma rzo de 2012, se distribuye a petición de la 
delegación de Liechtenstein. 
 
                                                      
1 In English only./En anglais seulement./En ingles solamente.   
  GPA/O/V/LIE/1  
Page 3 
 
 
  NEGOTIATIONS UNDER ARTICLE XXIV:7(b) AND (c) OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
  
REVISED FINAL OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN 
 
  Liechtenstein is pleased to present its Revised Fina l Offer.  It submits this offer, in accordance 
with Article XXIV:7 of the Agreem ent on Government Procurement. 
 
 The following corrections have been made:  in  Annex 3, note 6 has been re-inserted.  The 
note has not been included by mistake into our Draft Final Offer and Final Offer (circulated 
15 December 2011) as compared to our Revised Offe r (circulated on 4 March 2011).  This error has 
been corrected in this Revised Final Offer.  The other changes reflect Parties' comments on our 
Annexes. GPA/O/V/LIE/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 covers 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 under this annex in re gard 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; 
 
until such time as the Principality of Liechtenstein has accepted 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. 
 
3. The provisions of Article XVIII shall not appl y to suppliers and service providers of Japan, 
Korea and the United States of America in contestin g the award of contracts to a supplier or service 
provider of Parties other than thos e mentioned, which are small- or medium-sized enterprises under the 
relevant provisions of the law of Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate discriminatory measures in favour  of certain domestic small and 
minority businesses. 
 GPA/O/V/LIE/1  
Page 5 
 
 
  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 cons idered 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 covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada; 
 
until such time as the Principality of Liechtenstein has accepted 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. 
 
                                                      
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/V/LIE/1 
Page 6  
 
  2. The provisions of Article XV III shall not apply to supplie rs and service providers of: 
 
- Israel, Japan and Korea in contesting th e 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, Japan and Korea in contesting th e 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; 
 
- 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 under the relevant pr ovisions of the law of Liechtenstein until 
such time as the Principality  of Liechtenstein accepts that they no longer operate 
discriminatory measures in favour of certai n domestic small and minority businesses. 
 
 GPA/O/V/LIE/1  
Page 7 
 
 
  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 procuring entities whose procur ement is covered by the EEA utilities directive 
which are contracting authorities (e.g. those covered under Annex 1 a nd Annex 2) or public 
undertakings1 and which have as one of their activities any of those referred to below or any 
combination thereof: 
 (i) 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); 
 (ii) the provision or operation of fixed networks  intended to provide a service to the public 
in connection with the producti on, transport or distribution of electricity or the supply 
of electricity to such networ ks (as specifie d under title II); 
 (iii) the provision or operation of networks
2 providing a service to the public in the field of 
transport by urban railway, automated system s, tramway, trolley bus, bus or cable (as 
specified under title III); 
 
(iv) the exploitation of a geographical area fo r the purpose of the provision of airport or 
other terminal facilities to carriers  by air (as specified under title IV); 
 (v) the exploitation of a geographi cal area for the purpose of th e provision of inland port or 
other terminal facilities to carriers by se a or inland waterway (as specified under 
title V); 
 (vi) 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/V/LIE/1 
Page 8  
 
  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 authorizations for expropriation. 
 
 - Liechtensteinische Kraftwerke 
 
III. Contracting Procuring entities in the field of urban railway, automated systems, tramway, 
trolley bus, bus or cable services  
 
LIECHTENSTEINmobil 
 
IV. Contracting Procuring entities in the field of airport facilities  
 
None 
 V. Contracting Procuring entities in the field of inland ports 
 
None 
 
VI. Postal Services 
 
Liechtensteinische Post AG, but only for activ ities for which it holds exclusive rights. 
  
Notes to Annex 3  
 1. This Agreement shall not apply to contracts does not cover procuremen t which the contracting 
procuring entity awards for purposes other than the pur suit of their activities as described in this Annex 
or for the pursuit of such activities in a non-EEA country. 
 2. This Agreement shall not apply to cont racts awarded does not cover procurement: 
 
(a) by a contracting procuring entity to an affiliated undertaking3;  or 
 
                                                      
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/V/LIE/1 
 Page 9 
 
 
  (b) by a joint venture formed exclusively by a number of contracting procuring entities 
for the purpose of carrying out a releva nt activity within the meaning of 
paragraphs (i) to (vi) of this Annex, to an undertaking which is affiliated with one of 
these contracting procuring entities, 
 
provided that at least 80 per cent of the averag e turnover of the affiliated undertaking with 
respect to goods, services or construction se rvices for the preceding three years derives 
respectively from the provision of such servic es or goods to undertakings with which it is 
affiliated. 
 
 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 does not cover procurement by entities in 
this Annex: 
 
(a) by a joint venture, formed exclusively by a number of contracting procuring entities 
for the purpose of carrying out activities of para graphs (i) to (vi) of this Annex, to one 
of these contracting procuring entities;  or 
 
(b) by a contracting procuring entity to su ch a joint venture of which it forms part, 
provided that the joint venture has been set up in order to carry out the activity 
concerned over a period of at least three years and that the instrument setting up the joint venture stipulates that the contracting procuring entities, which form it, will be 
part thereof for at least the same period. 
 
4. This Agreement shall not apply to contracts does not cover procurement for the purchase of 
water, the supply of energy or of fuels for the production of energy.  5. This Agreement shall does not apply to contra cts of contracting cover procurement by procuring 
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 othe r activities than those described unde r this Annex under (i) and (iii) 
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 produc tion of drinking water or energy, having regard to 
the average for the preceding three years, including the current year.  
 6. This Agreement does not cover procurement for purposes of re-sale or hire to third parties, 
provided that the procuring 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 procuring entity. 
 
67. This Agreement shall does not apply to cont racts awarded cover proc urement by contracting 
procuring entities providing a bus service if other en tities are free to offer the same service either in 
general or in a specific geographica l area and under the same conditions. 
 78. This Agreement shall does not apply to contracts awarded cover procurement by contracting 
procuring entities pursuing an activity described in this Annex when that activity is exposed to full 
market competition. 
 GPA/O/V/LIE/1 
Page 10  
 
  89. 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 suppliers and service providers of Canada and the 
United States of America; 
 (ii) electricity in regard of suppliers and 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, 
Japan and the United States; 
 (iv) bus services under this Annex in rega rd of suppliers and service providers 
from Israel and 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 Korea;  and HS Nos 85012099, 85015299, 85015199, 85015290, 85014099, 85015390 and 8536 in regard of suppl iers 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; 
 until such time as the Principality of Liechtenstein has accepted 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. 
 
910. The provisions of Article XV III shall not apply to supplie rs and service providers of: 
 
- Israel, Japan and Korea in contesting th e 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; 
 - 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 under the relevant pr ovisions of the law of Liechtenstein until 
such time as the Principality  of Liechtenstein accepts that they no longer operate 
discriminatory measures in favour of certai n domestic small and minority businesses. 
   GPA/O/V/LIE/1 
 Page 11 
 
 
  ANNEX 4 
 
Goods 
 
 
 This Agreement applies to government contract s awarded for all goods purchased by the entities 
listed in Annexes 1 to 3, unless othe rwise stated by this Agreement.  Unless otherwise specified, this 
Agreement covers all goods. GPA/O/V/LIE/1  
Page 12 
 
 
  ANNEX 5 
 
Services  
 
 
 The This Agreement covers the following services  from the services sectoral classification list 
contained, which are identified in accordance w ith the United Nations Provisional Central Product 
Classification (CPC) as 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/V/LIE/1 
 Page 13 
 
 
  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 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 5. 
 GPA/O/V/LIE/1  
Page 14 
 
 
  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 
 
1. 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/V/LIE/1 
 Page 15 
 
 
  ANNEX 7 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
1. Theis Agreement shall not  apply to does not cover: 
 
- 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 Procurement by procuri ng entities covered under Annexes 1 and 2 in 
connection with activities in the fiel ds of drinking water, energy, tran sport and the postal sector are not 
covered by this Agreement unless covered under Annex 3. 
 
4. Liechtenstein understands that  under Based on Article II, ch. 2 a) ii, theis Agreement is not 
applicable to does not cover f und placements of insured person s conducted by public entities or 
undertakings such as public insurance and pensions funds. 
 
 
__________