WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/EEC/1 
3 February 2005 
 (05-0444) 
Committee on Government Procurement Original:  English/ 
                anglais/                 inglés 
 
 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from the European Communities
1 
 
 The following communication, dated 25 January 2 005, is being circulated at the request of the 
Delegation of the European Communities. 
 
 
Comité des marchés publics  
 
 
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication des Communautés Européennes1 
 
 La communication ci-après, datée du 25 janvier  2005, est distribuée à la demande de la 
délégation des Communautés Européennes.  
 
 
Comité de Contratación Pública 
 
  
AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE  
LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS EN CONFORMIDAD  
CON EL PÁRRAFO 7(b) Y (c) DEL ARTÍCULO XXIV DEL ACUERDO  
SOBRE CONTRATACIÓN PÚBLICA  
 
Comunicación de las Comunidades Europeas
1 
  La siguiente comunicación, de fecha de 25 de en ero de 2005, se distribuye a petición de la 
delegación de las Comunidades Europeas.  
                                                      
1 In original language only./En langue originale seulement./En idioma original solamente. GPA/O/EEC/1 
Page 2  
 
EUROPEAN COMMUNITIES 
 
GOVERNMENT PROCUREMENT AGREEMENT 
 
REQUEST FOR EXPANSION OF COVERAGE AND ELIMINATION OF 
DISCRIMINATORY MEASURES 
 
 
GUIDING PRINCIPLES OF THE EC'S REQUESTS TO ALL PARTIES 
 According to Article XXIV:7(b) and (c) of the current GPA, the EC wants to emphasize that “Parties 
shall undertake further negotiations with a view  to improving this Agreement and achieving the 
greatest possible extension of its coverage among all Parties on the basis of mutual reciprocity […]” 
and that  “Parties shall seek to avoid introducing or prolonging discriminatory measures and 
practices which distort open procurement and s hall, in the context of negotiations under 
subparagraph b, seek to eliminate those which rem ain on the date of entry into force of this 
Agreement.”  
The EC understanding of the abovementioned mandat e is that Parties should seek a high level of 
commitment in term of coverage instead of the lowest common denominator.  In addition, significant 
effort should be made with a view to improving th e presentation and structure of the Annexes, thereby 
increasing the transparency and e fficiency of the Agreement. 
 The EC is convinced that such objectives could be attained by the following means.   
Entities covered 
 
The EC considers necessary that all Parties a dopt a common understanding of entities covered under 
each of the Annexes in Appendix I.  Consequently , the EC requests the other Parties to include: 
 - For Annex 1, all central government entities and any other central public entities including 
subordinated entities of central government whether at central or regional level. 
 
- For Annex 2, all sub-central government entities including those operating at the local, 
regional or municipal level as well as any other entities whose procurement policies are 
substantially controlled by, de pendent on, or influenced by central, regional or local 
government and which are engaged in non- commercial or non industrial activities. 
 
- For Annex 3, under certain c onditions, Annex 1 and Annex 2 entities which operate in the 
“utilities” sectors (the list of which can be f ound below) as well as, under certain conditions, 
any other entities whose procurement policies ar e substantially controlled by, dependent on, 
or influenced by central, regional or local government, and which are engaged in commercial 
or industrial activities in the “utilities” sectors. 
 
Such an approach will ensure:  
- Uniform and extensive coverage 
 
- All entities falling under the “catch-all-clauses” as  defined in Annexes 1 to 3 shall be 
covered by the Agreement. 
- A system based on definition: even tho ugh the lists of entities contained under each 
Annex are not exhaustive, an entity will be captured by the criteria laid down in the definitions, regardless of the fact that it is expressly listed.  GPA/O/EEC/1 
 Page 3 
 
 
- Greater legal certainty 
 - No linkage to domestic concepts or legislation which may vary over time. 
 
This system guarantees effective application of the Agreement, for example if an entity changes its 
name or transfers its activities to another entity,  this other entity will remain covered by the 
Agreement, provided it continues to fulfil one of the definitions contained in the respective Annex. 
 
Thresholds 
 The EC is of the opinion that a uniform level of th resholds should be set for all Parties regardless of 
the size of their procurement market.  This will increase the efficiency and transparency of the 
Agreement.  In addition, according to studies conduc ted by the EC as part of its aim to further 
intensify integration of the EC procurement mark et, it appears that below certain thresholds no 
effective cross-border procurement takes place.  Thus , thresholds that are too low do not lead to any 
improvement in terms of coverage. For the reasons  set out above, the EC therefore requests the 
following thresholds for all Parties, which constitute  a balanced compromise between the ones already 
existing in the current GPA.  Covered procurement by: 
- Annex 1 entities, where the value is estimated to equal or exceed: 
  - 130,000 SDR for contracts for supply of goods and services; 
  - 5,000,000 SDR for contracts for construction services; 
 
- Annex 2 entities, where the value is estimated to equal or exceed: 
- 200,000 SDR for contracts for supply of goods and services; 
- 5,000,000 SDR for contracts for construction services; 
 
- Annex 3 entities, where the value is estimated to equal or exceed: 
- 400,000 SDR for contracts for supply of goods and services; 
- 5,000,000 SDR for contracts for construction services.
  
 
 
Goods covered 
 
Concerning the procurement of supplies, existing coverage already includes all types of goods.  
Nevertheless, the EC considers that in several Partie s’ Annex 1, the exclusion of certain goods related 
to defence or purchased by entities operating in the de fence field should be revised at a later stage to 
ensure a common and coherent application of current Article XXIII:1 of the GPA. 
 
Services covered 
 
Relating to procurement of services, the EC’s expe rience led it to identify specific “priority” services 
which are likely to create effective cross-border procur ement.  Consequently, the EC considers that all 
Parties should offer those services.  As for cons truction services procurement, the EC requests all 
Parties to offer full coverage of division 51 CPC prov.  
Annex 3:  structure of entities and sectors 
 
In addition, as regards Annex 3, unlike the existi ng situation where Parties have listed miscellaneous 
entities, the EC requests that entities falling under the definitions mentione d above and operating in 
the following sectors (“utilities”) and whic h are currently not listed be included: 
 
- Energy (gas, heat, electricity, exploration for or  extraction of oil, coal and other solid fuels) GPA/O/EEC/1 
Page 4  
 
- Drinking water - Postal services - Telecommunications - Transports services (railway, tramway, trolley bus, bus or cable) - Airports or other terminal facilities to carriers by air 
- Ports or other terminal facilities to carriers by sea or inland waterway. 
 Further, the EC requests the other Parties to move en tities already listed in Annex 3, but not operating 
in these sectors, while fulfilling the definitions set out in Annex 1 and 2, to either Annex 1 or 
Annex 2.  As for entities which do not fall within the definitions of those Annexes, but operate in the 
sectors described above, the EC agrees for them to re main in Annex 3 subject to further negotiation.  
 
Works concessions 
 
The EC also requests the other Parties to include wo rks concessions in their offers, applying the same 
thresholds as for public works contracts (i.e. 5, 000,000 SDR).  Given the diverse legal regimes of 
GPA Parties and the complex subject matter of such contracts, the EC considers that they should be 
subject to only minimum substantive and procedural ru les, in particular Articles II, III, IX:6, XVIII:1, 
XX of the current GPA (draft Articles II:6, III, V:1 and 2, and XII:2, XVII of the GPA under review).  
 
Discriminatory measures 
 Finally, concerning discriminatory measures listed by  all Parties either in their Annexes or their 
General Notes, the EC considers that such prov isions constitute a depart ure from the fundamental 
principles of national treatment, non-discrimination and most favoured nation treatment, as laid down 
under Article III of the existing Agreement. 
 
As a consequence, the EC requests all Parties to remove all country-specific derogations as well as all 
reciprocity clauses they maintain under the current Ag reement.  In addition, such provisions are no 
longer justified in the light of the fact that Parties should commit themselves to offer maximum 
coverage.   
Moreover, the EC requests that particular exclusions , which are listed either in specific Annexes or in 
the General Notes, shall be in the first place co mmon to all Parties and second limited only to those 
which are absolutely necessary and duly justified.  The EC has applied its described approach in the fo llowing request by the proposed modifications to 
the existing Annexes.  
 NB: In order to facilitate comprehension, suggested  deletions or additions to the existing offer are 
marked in form of track changes.  The EC reserves the right to withdraw, amend, redu ce or extend its request in the light of further 
negotiations and the requests of the other Parties. 
  GPA/O/EEC/1 
 Page 5 
 
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO  
THE KINGDOM OF THE NETHERLANDS WITH RESPECT TO ARUBA. 
 
  Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
 
 
Supplies       Threshold:  SDR 130,000 
 
Services       Threshold:  SDR 130,000 
 
Works        Threshold:  SDR 5,000,000 
 
A/ All central government entities, including: 
 All central government entities including 
 
Ministry of General Affairs; Ministry of Public Works and Health; Ministry of Transport and Communication; Ministry of Welfare; 
Ministry of Justice and Sport; 
Ministry of Finance; Ministry of Economic Affairs.   B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level. 
 
   GPA/O/EEC/1 
Page 6  
 
ANNEX 2  
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
  
Not applicable for Aruba (Aruba does not have any sub-central governments)    
 
    
 
     
 
    
 
     
 
    
 
     
 
    
 
   GPA/O/EEC/1 
 Page 7 
 
 
ANNEX 3 
 
All Other Entities which Procure in Accordance  
with the Provisions of the Agreement  
  
Supplies       Threshold:  SDR 400,000 
 
Services       Threshold:  SDR 400,000 
 
Works        Threshold:  SDR 5,000,000 
 
A/ All Annex 1 entities which exercise one or more of the activities referred to below and in respect 
of contracts awarded for the pursuit of any of those activities. 
 
1. As far as gas and heat are concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned:  
  (a) 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 
 
 (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tr ansport or distribution of drinking water; 
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. Postal services consisting of the clearance, so rting, routing and delivery of postal items.  
 GPA/O/EEC/1 
Page 8  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial  
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
Water en Energiebedrijf N.V. (Water and Energy Company); 
Aruba Ports Authority N.V.; Arubus N.V. (Public Transport Company); Setar (Telecommunications Company); Airport Authority N.V.; 
Findacion Caspa Comunidad Ar bubano (Public Housing).* 
 N.B:  Apart from entities operating in the utilities sect ors (as defined above), the EC deems several of 
the entities listed to be misplaced in Annex 3.  Accordingly, those entities should be located in 
Annex 1.  Listed entities followed by * are examples  of such misplaced entities.  The EC requests the 
Kingdom of the Netherlands with respect to Aruba to  complete and add to its list entities operating in 
the utilities sectors (as defined above).   
 
 Note to Annex 3 
 
Contracts awarded for the pursuit of an activity lis ted above when exposed to competitive forces in 
the market concerned are not covered by this Agreement.  
 
  
 
     
 
    
 
     
 
    
 
  GPA/O/EEC/1 
 Page 9 
 
 
ANNEX 4  
 
Services 
  
 
 The EC requests the Kingdom of the Netherlands with respect to Aruba to complete its list of 
services, unless already offered, on the basis of the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
NB: the EC reserves its right to request additional services in the course of negotiations. 
  GPA/O/EEC/1 
Page 10  
 
ANNEX 5  
 
Construction Services 
 
 
 
Definition : 
 
 A construction service 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 (CPC). 
 
 List of Division 51, CPC : 
 
 All public works/construction services of Division 51. 
 
  GPA/O/EEC/1 
 Page 11 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that the Kingdom of the Netherla nds with respect to Aruba offers BOT/works 
concessions. The award of such contracts by any covered entity, when they equal or exceed SDR 
5,000,000, should be done in accordance with in pa rticular Articles II, III, IX:6, XVIII:1, XX of the 
GPA (draft Articles II:6, III, V:1 and 2, XII:2 and XVII of the GPA under review). 
 
 
B. Thresholds 
 Current thresholds. 
 GPA/O/EEC/1 
Page 12  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO CANADA 
   Appendix I 
ANNEX 1 
 
Federal Government Entities 
 
Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
 
  Thresholds:   130,000 SDRs  Goods  
    130,000 SDRs  Services  covered in Annex 4 
    5,000,000 SDRs Construction  covered in Annex 5 
 
A/ All central government entities, including: 
 
1. Department of Agriculture and Agri-Food 
2. Canadian Food Inspection Agency (Not includi ng procurements respecting FSCs 36, 70, 74 in 
respect of the administration and enforcement of the Fish Inspection Act .) 
3. Department of Canadian Heritage (Not incl uding procurements respecting FSCs 36, 70, 74 in 
respect of those functions that were form ely the responsibility of the Department of 
Communications.) 
4. Office of the Coordinator, Status of Women 
5. Parks Canada Agency 6. Department of Citizenship and Immigration 7. Immigration and Refugee Board 8. Department of the Environment 9. Department of Foreign A ffairs and International Trade 
10. Canadian International Devel opment Agency (on its own account) 
11. Department of Finance 12. Canadian International Trade Tribunal 13. Municipal Development and Loan Board 14. Office of the Superintende nt of Financial Institutions 
15. Department of Fisheries and Oceans  (Not including procurements respecting FSCs 36, 70, 
74.) (For purposes of Article XXIII, the national security considerations applicable to the 
Department of National Defence are equally a pplicable to the Canadian Coast Guard other 
than the functions of the Canadian Coast Guar d retained by the Department of Transport 
pursuant to Order under the Public Service Rearrangement and Transfer of Duties Act  
published in the Canada Gazette, Part II, as SI/95-46, namely the Harbours and Ports 
Directorate, the regional Harbours and Ports Branches, the Marine Regulatory Directorate, the 
Ship Inspection Directorate and the regional Sh ip Inspection Branches of the Canadian Coast 
Guard.) 
16. Department of Health 17. Medical Research Council 
18. Department of Human Resources Development 
19. Canada Employment Insurance Commission 20. Canada Labour Relations Board 21. Department of Indian Affa irs and Northern Development 
22. Department of Industry (Not including procurements respecting FSCs 36, 70, 74 in respect of 
telecommunications, except in relation to (a) planning and coordinati on of telecommunication  GPA/O/EEC/1 
 Page 13 
 
 
services for departments, boards and agencies of the Government of Canada, and (b) 
broadcasting, other than in relation to spect rum management and the technical aspects of 
broadcasting.) 
23. National Research Council of Canada 
24. Natural Sciences and Engineer ing Research Council of Canada 
25. Social Sciences and Humanities Research Council 
26. Department of Justice 27. Canadian Human Rights Commission 28. Statute Revision Commission 29. Supreme Court of Canada 
30. Canada Customs and Revenue Agency 
31. Department of Natural Resources 32. Canadian Nuclear Safety Commission 33. National Energy Board (on its own account) 34. Department of Public Works and Governme nt Services (on its own account) (Not including 
procurements respecting FSCs 36, 70, 74 in r espect of the Government Telecommunications 
Agency.) 
35. Public Service Commission 
36. Department of the Solicitor General 37. Correctional Service of Canada 38. National Parole Board 
39. Department of Transport (Not includi ng procurement respecting FSCs 36, 70, 74.) 
 (For purposes of Article XXIII, the national security considerations applicable to the 
Department of National Defence are equally appli cable to the functions of the Canadian Coast 
Guard retained by the Department of Transport pursuant to Order under the Public Service 
Rearrangement and Transfer of Duties Act  published in the Canada Gazette, Part II, as 
SI/95-46, namely the Harbours and Ports Directorate, the regional Harbours and Ports 
Branches, the Marine Regulatory Directorate, th e Ship Inspection Directorate and the regional 
Ship Inspection Branches of the Canadian Coast Guard.) 
40. Treasury Board Secretariat 41. Department of Veterans Affairs 
42. Department of Western Economic Diversification (on its own account) 
43. Atlantic Canada Opportuni ties Agency (on its own account) 
44. Office of the Auditor General 45. Canada Economic Developmen t for the Regions of Quebec 
46. Canadian Centre for Management Development 
47. Canadian Radio-television and Teleco mmunications Commission (on its own account) 
48. Civil Aviation Tribunal 
49. Commissioner for Federal Judicial Affairs 50. Registry of the Competition Tribunal 51. Copyright Board 52. Registry of the Federal Court of Canada 53. Office of the Grain Transportation Agency Administrator (on its own account) 
54. Hazardous Materials Information Review Commission 
55. Offices of the Information and Privacy Commissioners of Canada 56. The National Archives of Canada 57. National Farm Products Council 58. The National Library 
59. Canada Transportation Agency (on its own account) 
60. Northern Pipeline Agency (on its own account) 61. Patented Medicine Prices Review Board 62. Petroleum Monitoring Agency 63. Privy Council Office 
64. Canadian Intergovernmental Conference Secretariat GPA/O/EEC/1 
Page 14  
 
65. Office of the Commissioner of Official Languages 66. Public Service Staff Relations Board  67. Office of the Governor General's Secretary 68. Office of the Chief Electoral Officer 69. Federal-Provincial Relations Office 
70. Statistics Canada 
71. Registry of the Tax Court of Canada 72. Canadian Centre for Occ upational Health and Safety 
73. Canadian Transportation Accident  Investigation and Safety Board 
74. Director of Soldier Settlement 
75. Director, The Veterans' Land Act 
76. Fisheries Prices Support Board 77. National Battlefields Commission 78. Royal Canadian Mounted Police 79. Royal Canadian Mounted Police External Review Committee 
80. Royal Canadian Mounted Police Public Complaints Commission  
81. Department of National Defence   B/ All other central public entities, including subor dinated entities of central government, whether at 
central or regional level 
 
 THE FOLLOWING PRODUCTS PURCHASED BY THE DEPARTMENT OF NATIONAL DEFENCE, COAST GUARD AND THE RCMP ARE IN CLUDED IN THE COVERAGE OF THIS 
AGREEMENT SUBJECT TO THE PROVISIONS OF ARTICLE XXIII.  (NUMBERS REFER TO 
THE FEDERAL SUPPLY CLASSIFICATION CODE) 
 22. Railway Equipment 23. Motor vehicles, trailers and cycles (except bu ses in 2310, military trucks and trailers in 2320 
and 2330 and tracked combat, assault and tactical vehicles in 2350) 
24. Tractors 
25. Vehicular equipment components 
26. Tires and tubes 29. Engine accessories 30. Mechanical power transmission equipment 32. Woodworking machinery and equipment 
34. Metal working equipment 
35. Service and trade equipment 36. Special industry machinery 37. Agricultural machinery and equipment 38. Construction, mining, excavating and highway maintenance equipment 
39. Materials handling equipment 
40. Rope, cable, chain and fittings 
41. Refrigeration and air conditioning equipment 42. Fire fighting, rescue and safety equipment (except 4220 Marine Li fe-saving and diving 
equipment, 4230 Decontaminating and impregnating equipment) 
43. Pumps and compressors 
44. Furnace, steam plant, drying equipment and nuclear reactors 
45. Plumbing, heating and sanitation equipment 46. Water purification and sewage treatment equipment 47. Pipe, tubing, hose and fittings 48. Valves 
49. Maintenance and re pair shop equipment  GPA/O/EEC/1 
 Page 15 
 
 
52. Measuring tools 53. Hardware and abrasives 54. Prefabricated structures and scaffolding 55. Lumber, millwork, plywood and veneer 56. Construction and building materials 
61. Electric wire and power and distribution equipment 
62. Lighting fixtures and lamps 63. Alarm and signal systems 65. Medical, dental and veteri nary equipment and supplies 
66. Instruments and laboratory equipment (ex cept 6615:  Automatic pilot mechanisms and 
airborne Gyro components 6665:  Hazard- detecting instruments and apparatus) 
67. Photographic equipment 68. Chemicals and chemical products 69. Training aids and devices 70. General purpose automatic data processing equipment, software, supplies and support 
equipment (except 7010 ADPE configurations) 
71. Furniture 72. Household and commercial furnishings and appliances 
73. Food preparation and serving equipment 74. Office machines, visible record equipm ent and automatic data processing equipment 
75. Office supplies and devices 
76. Books, maps and other publications (except 7650 drawings and specifications) 
77. Musical instruments, phonographs and home-type radios 78. Recreational and athletic equipment 79. Cleaning equipment and supplies 80. Brushes, paints, sealers and adhesives 
81. Containers, packaging and packing supplies 
85. Toiletries 87. Agricultural supplies 88. Live animals 91. Fuels, lubricants, oils and waxes 93. Non-metallic fabricated materials 
94. Non-metallic crude materials 
96. Ores, minerals and their primary products 99. Miscellaneous  Note to Annex 1 
 The General Notes apply to this Annex. GPA/O/EEC/1 
Page 16  
 
ANNEX 2 
 
Sub Central Government Entities 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement1 
   Thresholds:   355,000 SDRs  Goods  
  355,000 SDRs  Services  to be specified initially on or before 
15 April 1994 with the final list to be provided within eighteen 
months after the conclusion of the new Government Procurement 
Agreement. 
  5,000,000 SDRs Constructions Services  to be specified 
initially on or before 15 April 1994 with the final list to be provided 
within eighteen months after the conclusion of the new Government 
Procurement Agreement. 
 
List of Entities: 
 
 The Canadian Government offers to cover entities in all ten provinces on the basis of 
commitments obtained from provincial governments.   The initial provincial entities list will be 
specified on or before 15 April 1994 with the final lis t to be provided within eighteen months after the 
conclusion of the new Government Procurement Agreement. 
 
A/ All sub-central government entities including th ose operating at the local, regional or municipal 
level 
 
[Canada is requested to provide a non exhaustive list of such entities] 
 
 
B/ All other entities in all Canadian Provinces whos e procurement policies are substantially controlled 
by, dependent on, or influenced by central, regi onal or local government and which are engaged in 
non-commercial or non industrial activities 
 
[Canada is requested to provide a non exhaustive list of such entities] 
 
 Notes to Annex 2  
 1. Exceptions for all Provinces:  steel, motor vehicles and coal 
 
 Province specific exceptions:  in addition, a limited number of individual provincial 
exceptions may be specified at a later date in accordance with commitments received from such 
provinces. 
 
2. Nothing in this offer shall be construed to prevent any provincial entity from applying 
restrictions that promote the general environmental quality in that province, as long as such 
restrictions are not disguised barriers to international trade. 
 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1.  GPA/O/EEC/1 
 Page 17 
 
 
3. This offer shall not apply to any procuremen t made by a covered entity on behalf of a non-
covered entity. 
 
4. The General Notes apply to this Annex. 
 
 
    
 
    
 
     
 
    
 
     
 
    
 
     
 
    
 GPA/O/EEC/1 
Page 18  
 
ANNEX 3   
 
Government Enterprises 
 
All Other Entities which Procure in Accordance  
with the Provisions of the Agreement  
 
  Thresholds:    355,000 SDRs  Goods  
     355,000 SDRs  Services  covered in Annex 4 
     5,000,000 SDRs Construction  covered in Annex 5 
 
A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 
2. As far as electricity is concerned: 
  (a) 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 
 
 (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tr ansport or distribution of drinking water; 
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. The exploration for or extraction of oil, coal or other solid fuels.   
 9. Postal services consisting of the clearance, sorting, routing and delivery of postal items.   GPA/O/EEC/1 
 Page 19 
 
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
1. Canada Post Corporation 
2. National Capital Commission* 
3. St. Lawrence Seaway Authority  (For greater certainty, Article XIX:4 applies to procurements 
by St. Lawrence Seaway Authority respecting the protection of the commercial confidentiality of information provided.) 
4. Royal Canadian Mint* (not including procurement by or on behalf of the Royal Canadian 
Mint of direct inputs for use in minting anyt hing other than Canadi an legal tender.  For 
greater certainty, Article XIX:4 applies to procurements by the Royal Canadian Mint respecting the protection of the commercial confidentiality of information provided.) 
5. Canadian Museum of Civilization* 
6. Canadian Museum of Nature* 
7. National Gallery of Canada* 
8. National Museum of Science and Technology* 
9. Defence Construction (1951) Ltd.* 
 NB: Apart from entities operating in the utilities sectors (as defined above), the EC deems several of 
the entities listed to be misplaced in Annex 3.  Acco rdingly, those entities should be located either in 
Annex 1 or 2.  Listed entities followed by * are ex amples of such misplaced entities.  As for entities 
which do not fall within the definitions of those Annexes, but operate in the sectors described above, 
the EC agrees for them to remain in Annex 3 subject  to further negotiation.  Finally, the EC requests 
Canada to complete and add to its list entities opera ting in the utilities sectors (as defined above).   
 
Sub-central Enterprises 
 
 Coverage of Sub-central Enterp rises for Goods, Services and Co nstruction Services is to be 
specified initially on or before 15 April 1994 with the final list to be provided within eighteen months 
after the conclusion of the new Government Procurement Agreement. 
 
 
Note to Annex 3 
 
The General Notes apply to this Annex. 
 Note to Annex 3 
 Contracts awarded for the pursuit of an activity lis ted above when exposed to competitive forces in 
the market concerned are not covered by this Agreement.  
 
 GPA/O/EEC/1 
Page 20  
 
ANNEX 4  
 
Services 
 
 The EC requests Canada to complete its list of services, unless already offered, on the basis of 
the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
In addition, the EC requests Canada to offe r investigation and security services (CPC 873). 
 
NB:  the EC reserves its right to request a dditional services in the course of negotiations. 
 
 
  GPA/O/EEC/1 
 Page 21 
 
 
Notes to Annex 4  
 
 1. The General Notes apply to this Annex. 
 
2. This offer is subject to the terms and cond itions set out in the Canadian offer on trade in 
services. 
 3. Canada's offer in telecommunications is limit ed to enhanced or value added services for the 
supply of which the underlying telecommunicati ons facilities are leased from providers of 
public telecommunications transport networks. 
 
4. The Canadian offer does not include the following: 
 
* management and operation contracts of certain government or privately owned 
facilities used for government purposes, in cluding federally funded research and 
development; 
 
* coin minting; 
 * public utilities; 
 
* architectural and engineering related to airfield, communications and missile 
facilities; 
 * shipbuilding and repair and related architectural and engineering services; 
 
* all services, with reference to those goods  purchased by the Department of National 
Defence, the Royal Canadian Mounted Po lice and the Canadian Coast Guard which 
are not identified as subject to coverage by this agreement; 
 
* services procured in support of military forces located overseas; 
 
* printing and publishing services; and, 
 
 * procurement of transportation services that form a part of, or are incidental to, a 
procurement contract. 
 GPA/O/EEC/1 
Page 22  
 
ANNEX 5  
 
Construction Services 
 
 
 
 Canada offers to include in this "Construc tion Services" Annex, Federal entities listed under 
Annex 1 and Federal enterprises lis ted under Annex 3.  The inclusion of "Construction Services" for 
sub-central entities under Annex 2 and sub-central enterprises under Annex 3 are to be specified 
initially on or before 15 April 1994 with the final list to be provided within eighteen months after the 
conclusion of the new governme nt procurement Agreement 
 
Definition : 
  A construction service 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 (CPC).   List of Division 51, CPC : 
 
 All public works/construction services of Division 51. 
  
Notes to Annex 5 
 
1. Notwithstanding anything in this Agreement, this Agreement does not apply to procurements 
in respect of: 
 
 (a) Dredging; and 
  (b) Construction contracts tendered on beha lf of the Departments of Transport. 
 
2. The General Notes apply to this Annex. 
  GPA/O/EEC/1 
 Page 23 
 
 
GENERAL NOTES 
 
  1. Notwithstanding anything in these Annexes, the Agreement does not apply to procurements in 
respect of: 
  (a) shipbuilding and repair; 
  (b) urban rail and urban transportation equi pment, systems, components and materials 
incorporated therein as well as all project related materials of iron or steel;  
 
 (c) contracts respecting FSC 58 (communica tions, detection and coherent radiation 
equipment); 
 
 (d) set-asides for small and minority businesses;  
 
 (e) agricultural products made in furthera nce of agricultural support programs or human 
feeding programs;  
  (f) national security exemptions include o il purchases related to any strategic reserve 
requirements;  and 
  (g) national security exceptions including proc urements made in support of safeguarding 
nuclear materials or technology.  
 
2. Procurement in terms of Cana dian coverage is defined as cont ractual transactions to acquire 
property or services for the direct benefit or use of the government.  The procurement process 
is the process that begins after an entity has decided on its requirement  and continues through 
to and including contract award.  It does not include non-contractual agreements or any form 
of government assistance, including but not limite d to, cooperative agreements, grants, loans, 
equity infusions, guarantees, fiscal incentiv es, and government provision of goods and 
services, given to individuals, firms, private in stitutions, and sub-central governments.  It does 
not include procurements made with a view to commercial resale or made by one entity or 
enterprise from another entity or enterprise of Canada.  
 
3. Any exclusion that is related either specifica lly or generally to Federal or sub-central entities 
or enterprises in Annex 1, A nnex 2 or Annex 3 will also apply to any successor entity or 
entities, enterprise or enterprises, in such a manne r as to maintain the value of this offer. 
 
4. Until such time as there is a mutually agreed list of services to be covered by all Parties, a 
service listed in Annex 4 is covered with respect to a particular Party only to the extent that 
such Party has provided reciprocal access to that service. 
 
5. Where a contract to be awarded by an entit y is not covered by this Agreement, this 
Agreement shall not be construed to cover an y good or service component of that contract. 
 6. The offer by Canada, with respect to goods and services (including construction) in 
Annexes 2 and 3, is subject to negotiation of mutually acceptable commitments (including 
thresholds) with other Parties, with initial commitments to be specified on or before 
15 April 1994 and specific commitments to be confirmed within eighteen months after the 
conclusion of the new Government Procurement Agreement.  
 
 GPA/O/EEC/1 
Page 24  
 
 7. The Agreement shall not apply to contracts under an international agreement and intended for 
the joint implementation or exploitation of a project.  
 8. For the European Union, Canada's offer excludes procurements of FSC 70, 74 and 36 until 
such time as reciprocal access is provided.   
 9. For the European Union, this Agreement sha ll not apply to contracts awarded by entities in 
Annexes 1 and 2 in connection with activities in the field of drinking water, energy, transport 
or telecommunications. 
  GPA/O/EEC/1 
 Page 25 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Canada offers BOT/works concessions. The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that Canada adopts the following 
thresholds: 
 
- For Annex 2 entities, where the value of their procurement equals or exceeds: 
 SDR 200,000 for contracts for supply of goods and services  
 SDR 5,000,000 for contracts for construction services. 
 - For Annex 3 entities, where the value of their procurement equals or exceeds:   
 SDR 400,000 for contracts for supply of goods and services. 
 GPA/O/EEC/1 
Page 26  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO HONG KONG, CHINA 
 
 
 
Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
 
Supplies  
 
Threshold :  130,000 SDR for goods and services other than construction services 
   5,000,000 SDR for construction services 
 
 
A/ All central government entities, including: 
 
1. Agriculture, Fisheries a nd Conservation Department 
2. Architectural Services Department 
3. Audit Commission 
4. Auxiliary Medical Services 
5. Buildings Department 
6. Census and Statistics Department 
7. Civil Aid Services 
8. Civil Aviation Department 
9. Civil Engineering and Development Department 
10. Companies Registry 
11. Correctional Services Department 
12. Customs and Excise Department 
13. Department of Health 
14. Department of Justice 
15. Drainage Services Department 
16. Electrical and Mechanical Services Department 
17. Environmental Protection Department 
18. Fire Services Department 
19. Food and Environmental Hygiene Department 
20. Government Flying Service 
21. Government Laboratory 
22. Government Logistics Department 
23. Government Property Agency 
24. Government Secretariat 
25. Highways Department 
26. Home Affairs Department 
27. Hong Kong Monetary Authority 
28. Hong Kong Observatory 
29. Hong Kong Police Force (including Hong  Kong Auxiliary Police Force) 
30. Hospital Services Department 
31. Immigration Department 
32. Independent Commission Against Corruption 
33. Information Services Department 
34. Inland Revenue Department 
35. Intellectual Property Department 
36. Invest Hong Kong  GPA/O/EEC/1 
 Page 27 
 
 
37. Joint Secretariat fo r the Advisory Bodies on Civil Service and Judicial Salari es and Conditions 
of Service 
38. Judiciary 
39. Labour Department 
40. Land Registry 
41. Lands Department 
42. Legal Aid Department 
43. Leisure and Cultural Services Department 
44. Marine Department 
45. Office of the Ombudsman 
46. Office of the Telecommunications Authority 
47. Official Receiver's Office 
48. Planning Department 
49. Post Office 
50. Public Service Commission 
51. Radio Television Hong Kong 
52. Rating and Valuation Department 
53. Registration and Electoral Office 
54. Secretariat, Independent Police Complaints Council 
55. Secretariat, University Grants Committee 
56. Social Welfare Department 
57. Student Financial Assistance Agency 
58. Technical Education and Indus trial Training Department 
59. Television and Entertainm ent Licensing Authority 
60. Trade and Industry Department 
61. Transport Department 
62. Treasury 
63. Water Supplies Department 
 
 
B/ All other central public entities, including subor dinated entities of central government, whether at 
central or regional level 
 
 
   
 
    
 
    
 
 
 
 GPA/O/EEC/1 
Page 28  
 
ANNEX 2 
 
Sub-Central Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement1 
  
Non-applicable for Hong Kong, China (Hong Kong, Chin a does not have any s ub-central entities). * 
 
A/ All sub-central government entities including th ose operating at the local, regional or municipal 
level 
 
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government  and which are engaged in non-commercial or non 
industrial activities 
 
* The EC would like to clarify this matter during the further course of ne gotiations with Hong Kong, 
China. 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
  GPA/O/EEC/1 
 Page 29 
 
 
 
ANNEX 3  
 
All Other Entities which Procure in Accordance  
with the Provisions of the Agreement  
 
  
Threshold : 400,000 SDR for supplies and services other than construction services 
 
  5,000,000 SDR for construction services 
  
A/ All Annex 1 entities which exercise one or more of the activities referred to below and in respect 
of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
  (a) 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 
 
 (b) The supply of electricity to such networks. 
 
3. As far as drinking water is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 
8. Postal services consisting of the clearance, sorting, routing and delivery of postal items.  
 
 GPA/O/EEC/1 
Page 30  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
1. Housing Authority and Housing Department* 
 
2. Hospital Authority* 
 3. Airport Authority 
 
4. MTR Corporation Limited  5. Kowloon-Canton Railway Corporation  
N.B:  Apart from entities operating in the utilities sect ors (as defined above), the EC deems several of 
the entities listed to be misplaced in Annex 3.  Accordingly, those entities should be located in 
Annex 1. Listed entities followed by * are examples  of such misplaced entities.  The EC requests 
Hong Kong, China to complete and add to its list entities operating in the utilities sectors (as defined 
above).   
 
 
Note to Annex 3 
  Contracts awarded for the pursuit of an activity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. 
    GPA/O/EEC/1 
 Page 31 
 
 
ANNEX 4 
 
Services 
 
 The EC requests Hong Kong, China to complete its list of services, unl ess already offered, on 
the basis of the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
  GPA/O/EEC/1 
Page 32  
 
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 (CPC). 
  
List of Division 51 CPC  
  All services of Division 51 of the CPC 
 Threshold : 5,000,000 SDR 
 
  
 
    
 
     
 
    
 
     
 
    
 
    GPA/O/EEC/1 
 Page 33 
 
 
GENERAL NOTES 
 
  1. Notwithstanding anything in the Annexes 1-5, the Agreement shall not apply to: 
 
 - All consultancy and franchise arrangements 
  - Transportation of mail by air 
 
 - Statutory insurances including third party liab ility in respect of vehicles and vessels and 
employer's liability insuranc e in respect of employees 
 
 - Purchase of office or residential acco mmodation by the Government Property Agency. 
 
2. Hong Kong's commitments on te lecommunications services are subject to the terms of the 
licence held by Hong Kong Telecommunicat ions International Ltd. (HKTI) until 
30 September 2006 for the exclusive provision of external telecommunications circuits and 
certain external telecommunications services.  The exclusive services covered by the licence are 
listed below. 
 
 (a) Circuits by radio for the provision of external public teleco mmunications services. 
 
 (b) The operation of circuits by submarin e cable for the provision of external public 
telecommunications services. 
 
 (c) External and internal Public Telegram Service. 
 
 (d) External and internal Public Telex Service. 
  (e) External public telephone services to subscribers to the Public Switched Telephone 
Network by radio, submarine cable and such overland cables as are authorized. 
 
 (f) External dedicated and leased telephone ci rcuit services by radio, submarine cable and 
such overland cables as are authorized. 
 
 (g) External dedicated and leased circuits for - 
    t e l e g r a p h  
   d a t a  
   facsimile. 
  (h) Hong Kong coast stations and coast earth st ations of the Maritime  Mobile service and 
Maritime Mobile - Satellite Service. 
 
 (i) Hong Kong Aeronautical Sta tions of the Aeronautical Mobi le Service and Aeronautical  
Mobile - Satellite Service for radio communica tions services between aircraft operating 
agencies and their aircraft in flight. 
 
 (j) International telecommunications serv ices routed in transit via Hong Kong. 
 
 (k) Except to the extent that the Governor-i n-Council may from time to time otherwise in 
writing direct, external television and voice  programme transmission services to and 
from Hong Kong. GPA/O/EEC/1 
Page 34  
 
 3. Operators of telecommunications services may require licensing under the Telecommunication 
Ordinance.  Operators applying for the licences are required to be established in Hong Kong 
under the Companies Ordinance. 
 
4. Hong Kong Government shall not be obliged to pe rmit the supply of such services cross-border, 
or through commercial presence or the presence of natural persons. 
 
5. The following services are excluded fr om the Financial Services under Annex 4 
 
 1.  CPC 81402  
 
  Insurance and pension consultancy services 
  2.  CPC 81339  
 
  Money broking 
  3.  CPC 8119+81323  
 
  Asset management, such as cash or por tfolio management, all forms of collective 
investment management, pension fund mana gement, custodial depository and trust 
services. 
 
 4.  CPC 81339 or 81319  
 
  Settlement and clearing services for fina ncial assets, including securities, derivative 
products, and other negot iable instruments. 
 
 5.  CPC 8131 or 8133  
 
  Advisory and other auxiliary financial services on all the activities listed in 
subparagraphs 5(a)(v) to (xvi) in the A nnex on Financial Services in the General 
Agreement on Trade in Services, including credit reference and analysis, investment 
and portfolio research and advice, advice on acquisitions and on corporate restructuring 
and strategy. 
 
 6.  CPC 81339+81333+81321  
 
  Trading for own account or for account of  customers, whether on an exchange, in an 
over-the-counter market or otherwise, the following: 
 
  - money market instruments (cheques, bills, certificate of deposits, etc.) 
 
  - foreign exchange 
   - derivative products including, but  not limited to futures and options 
 
  - exchange rate and interest rate inst ruments, including products such as swaps, 
forward rate agreement, etc. 
 
  - transferable securities 
 
  - other negotiable instruments a nd financial assets , including bullion.  GPA/O/EEC/1 
 Page 35 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Hong Kong, China offers BOT/ works concessions.  The award of such contracts 
by any covered entity, when they equal or exceed  SDR 5,000,000 should be done in accordance with 
in particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 
and XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that Hong Kong, China adopts the 
following thresholds: 
 
- For Annex 2 entities, where the value of their procurement equals or exceeds: 
 SDR 200,000 for contracts for supply of goods and services  
 SDR 5,000,000 for contracts for construction services. 
 GPA/O/EEC/1 
Page 36  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO ICELAND 
 
  
Appendix I 
ANNEX 1 
 
Entities which Procure in Accordance With  
the Provisions of this Agreement 
 
Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
 
 
 
Supplies  
Threshold : SDR 130,000 
 
Services  (specified in Annex 4) 
Threshold : SDR 130,000 
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000 
 
 
A/ All central government entities, including: 
 
The following central government entities including: 
  Central purchasing entities not having an industrial or commercial character governed by 
Act no. 63/1970 on the arrangement of public works contracts, and Act no. 52/1987, on government 
procurement, as amended. 
 The entities in charge of government procurement are the following bodies: 
Ríkiskaup (State Trading Center) 
Framkvæmdasýslan (Government  Construction Contracts) 
Vegagerð ríkisins (Public Road Administration) 
Siglingastofnun (Icelandic Maritime Administration)  
 
B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level 
 
    
 
     GPA/O/EEC/1 
 Page 37 
 
 
ANNEX 2 
 
Entities which Procure in Accordance  
With the Provisions of the Agreement 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement1 
 
 
 Supplies  
Threshold : SDR 200,000 
 
Services  (specified in Annex 4) 
Threshold : SDR 200,000 
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000 
 
 A/ All sub-central government entities including th ose operating at the local, regional or municipal 
level 
 
1. Contracting local public authorities, including all municipalities. 
  
B/ All other entities in Iceland whose procurement policies are substantially controlled by, dependent 
on, or influenced by central, regional or local government and which are engaged in non-commercial 
or non industrial activities 
 
2. Public bodies at the local level not ha ving an industrial or commercial character. 
 
 
 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
 GPA/O/EEC/1 
Page 38  
 
 
ANNEX 3 
 
Other Entities which Procure in Accordance  
With the Provisions of this Agreement 
 
All Other Entities which Procure in Accordance  
with the Provisions of the Agreement  
 
 
 
Supplies  
Threshold : SDR 400,000 
 
Services  (specified in Annex 4)* 
Threshold : SDR 400,000 
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000 
 
A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
 
 (a) 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 
 
 (b) The supply of electricity to such networks. 
 
3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, trans port or distribution of drinking water;  or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 
6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
  GPA/O/EEC/1 
 Page 39 
 
 
7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. The exploration for or extraction of oil, coal or other solid fuels.   
 
9. Postal services consisting of the clearance, sorting, routing and delivery of postal items.  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
1. The electricity sector : 
 Landverkjun (The National Power Company), lög nr.42/1983  
Rafmagnsveitur ríkisins (The State Electric Power Works), orkulög nr. 58/1967  
 Orkuveita Reykjavíkur (Reykjavík Energy), 
 Orkubú Vestfjarða (Vestfjord Power Company), lög nr. 66/1976.  
Other entities producing, transporting or distributing electricity pursuant to orkulög nr. 58/1967.  
 
2. Urban transport : 
 
 Strætisvagnar Reykjavíkur (The Re ykjavík Municipal Bus Service). 
 Almenningsvagnar bs.  Other Municipal bus services.  
3. Airports : 
  Flugmálastjórn (Directorate of Civil Aviation)  4. Ports : 
 
 Siglingastofnun, (Icelandic Maritime Administration). 
 Other entities operating pursuant to Hafnalög nr. 23/1994.  
 
 5. Water supply :** 
 
Public entities producing or distribu ting drinking water pursuant to lög nr 81/1991, um 
vatnsveitur sveitarfélaga.  
 
 
NB: The EC requests Iceland to complete and provi de an indicative list of entities operating in the 
utilities sectors (as defined above). 
 
 
Notes to Annex 3  
 * This Agreement shall not apply to service contracts which: 
  (a) a contracting entity awards to an affiliated undertaking;   (b) are awarded by a joint venture formed by a number of contracting entities for the 
purpose of carrying out a relevant activity w ithin the meaning of paragraphs 1-5 of GPA/O/EEC/1 
Page 40  
 
this Annex to one of those contracting entiti es or 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 that undertaking with respect to 
services arising within the EEA for the three preceding years derives from the provision of 
such services to undertakings with which it is affiliated.  When more than one undertaking 
affiliated with the contracting entity provides the same service or similar services, the total 
turnover deriving from the provision of services by those undertakings shall be taken into 
account. 
 
** The supply of drinking water and electricity to  networks which provide a service to the public 
by a contracting entity other than a public au thority shall not be considered as a relevant 
activity within the meaning of paragraphs 1 and 5 of Annex 3 where: 
  - the production of drinking water or electricity by the entity concerned takes place 
because its consumption is necessary for carrying out an activity other than that 
referred to in paragraphs 1 and 5 of this Annex;  and 
  - supply to the public network depends onl y on the entity's own consumption and has 
not exceeded 30 per cent of the entity's tota l production of drinking water or energy, 
having regard to the average for the precedi ng three years, including the current year. 
 
*** Contracts awarded for the pursuit of an ac tivity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. 
 
 
 
     
 
    
 
     
 
    GPA/O/EEC/1 
 Page 41 
 
 
ANNEX 4  
 
Services 
 
 The EC requests Iceland to complete its list of services, unless already offered, on the basis of 
the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
NB: the EC reserves its right to request additional services in the course of negotiations. 
 GPA/O/EEC/1 
Page 42  
 
ANNEX 5  
 
Construction Services 
 
 
Definition : 
  A construction service 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 (CPC). 
 
 List of Division 51, CPC : 
  All public works/construction services of Division 51. 
 
     
 
    
 
     
 
    
 
     
 
    
 
   GPA/O/EEC/1 
 Page 43 
 
 
GENERAL NOTES 
 
  1. Iceland will not extend the be nefits of this Agreement: 
 
- to service providers of Parties which do not include the relevant 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. 
 
 
5. With regard to Annex 3, this Agreemen t shall not apply to the following contracts: 
  - contracts which the contracting entities under paragraph 5 award for the purchase of 
water; 
 
 - contracts which the contracting entities under paragraph 1 award for the supply of 
energy or of fuels for the production of energy; 
  - contracts which the contracting entities award 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; 
  - contracts awarded for purposes of re-sale or hire to third parties provided that the 
contracting entity enjoys no special or exclus ive right to sell or hire the subject of 
such contracts and that other entities are free to sell or hire it under the same 
conditions as the contracting entity; 
  - contracting entities exercising activities in the bus transportation sector where other 
entities are free to offer the same services in the same  geographical area and under 
substantially the same conditions. 
 
6. With regard to Annex 4, this Agre ement shall not apply to the following: 
  - contracts for the acquisition or rental, by whatever financial means, of land, existing 
buildings, or other immovable property or concerning rights thereon; 
 
 - contracts for the acquisition, deve lopment, production or co-production of 
programme material by broadcasters and contracts for broadcasting time; 
  - contracts awarded to an entity which is  itself a contracting authority within the 
meaning of the Public Procurement Ac t: "Lög um opinber innkaup (52/1997) and 
Regulation (302/1996) on the basis of an exclusive right which it enjoys pursuant to a 
published law, regulation or administrative provision; 
  - contracts of employment.  7. The Agreement shall not apply to contracts awarded under: 
 
 - an international agreement and intended for the joint implementation or exploitation 
of a project by the signatory States; 
  - an international agreement re lating to the stationing of troops; 
 GPA/O/EEC/1 
Page 44  
 
 - the particular procedure of an international organization.  8. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes. 
  GPA/O/EEC/1 
 Page 45 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Iceland offers BOT/works co ncessions.  The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles I:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
B. Thresholds  
 
Current thresholds. 
 GPA/O/EEC/1 
Page 46  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO ISRAEL 
 
  
Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
  
 Supplies  Threshold : 130,000 SDR 
 
Services   (specified in Annex 4)  Threshold : 130,000 SDR 
 
Construction   (specified in Annex 5)  Threshold : 8,500,000 SDR 
 
 A/ All central government entities, including: 
 
House of Representatives (the Knesset) 
Prime Minister's Office Ministry of Agriculture Ministry of Communications and Culture Ministry of Construction and Housing 
Ministry of Economics and Planning 
Ministry of Education Ministry of Energy and Infrastructure excluding Fuel Authority Ministry of the Environment Ministry of Finance Civil Service Commissioner 
Ministry of Foreign Affairs 
Ministry of Health (1) Ministry of Immigrants Absorption Ministry of Industry and Trade Ministry of the Interior 
Ministry of Justice 
Ministry of Labour and Social Affairs Israel Productivity Institute Ministry of Religious Affairs Ministry of Science and Technology Ministry of Tourism 
Ministry of Transport 
The State Controller's office  B/ All other central public entities, including subor dinated entities of central government, whether at 
central or regional level 
 
  GPA/O/EEC/1 
 Page 47 
 
 
Note to Annex 1  
 
(1) Ministry of Health - Excepted Products  
 
 - Insulin and infusion pumps 
  - Audiometers 
  - Medical dressings (bandages, adhesive  tapes excluding gauze bandages and gauze 
pads) 
 
 - Intravenous solution 
  - Administration sets for transfusions 
 
 - Scalp vein sets 
 
 - Hemi-dialysis and blood lines 
  - Blood packs 
 
 - Syringe needles 
 
 GPA/O/EEC/1 
Page 48  
 
ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement1 
 
 
 Supplies  Threshold : 250,000 SDR 
 
Services   (specified in Annex 4)  Threshold : 250,000 SDR 
 
Construction   (specified in Annex 5)  Threshold : 8,500,000 SDR 
 
 A/ All sub central government en tities including those operating at th e local, regional or municipal 
level, including: 
 
Municipalities of Jerusalem, Tel-Aviv and Haifa   B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government  and which are engaged in non-commercial or non 
industrial activities, including: 
 
The company for economy and management of the Center of Local Government 
 
 
     
 
    
 
     
 
   
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
  GPA/O/EEC/1 
 Page 49 
 
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
  
 Supplies  Threshold : 355,000 SDR 
 
Services   (specified in Annex 4)  Threshold : 355,000 SDR 
 
Construction   (specified in Annex 5)  Threshold : 8,500,000 SDR 
 
 A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
 
 (a) 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 
 
 (b) The supply of electricity to such networks. 
 
3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. Postal services consisting of the clearance, so rting, routing and delivery of postal items.  GPA/O/EEC/1 
Page 50  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
Israel Airports Authority 
Israel Ports and Railways Authority (1) Israel Broadcasting Authority* 
Israel Educati onal Television* 
Postal Authority 
Bezek (Israel Communication Company) (1) (2) 
Israel Electricity Company (2a) Mekoroth Water Resources Ltd. Sports' Gambling Arrangement Board* 
Israel Standards Institute* 
National Insurance Institute* 
All entities operating in the field of urban trans port, except those operating in the field of bus 
services (2b) 
 
 NB:  Apart from entities operating in the utilities sectors (as defined above), the EC deems that 
several of the entities listed to be misplaced in Anne x 3.  Accordingly, those entities should be located 
either in Annex 1 or 2.  Listed entities followed by  * are examples of such misplaced entities.  As for 
entities which do not fall within the definitions of those Annexes, but operate in the sectors described 
above, the EC agrees for them to remain in Annex 3 subject to further negotiation.  Finally, the EC 
requests Israel to complete and add to its list entities operating in the utilities sectors (as defined 
above). 
 
Notes to Annex 3  
 
(1) Procurement of cables is excluded. 
 
(2) With regard to procurement by Bezek, this Ag reement shall apply only to  goods and services of 
the US. 
 
 Israel is willing to negotiate the opening of its telecommunication sector also to other Code 
members under the condition of reciprocity. 
 
(2a) Excluded products:  cables (H.S. 8544), electro-mechanic mete rs (ex. H.S. 9028), transformers 
(H.S. 8504), disconnectors and switchers (H.S . 8535-8537), electric motors (H.S. 8501). 
 
(2b) With regard to procurement by entities operati ng in the field of urban transport, except those 
operating in the field of bus services, this Ag reement shall apply only to goods and services, 
including construction services, of the European Community. 
 
 Israel is willing to negotiate the opening of pr ocurement by entities operating in the field of 
urban transport, except those operating in the fi eld of bus services, to other Parties to the 
Agreement under the c ondition of reciprocity. 
 
Contracts awarded for the pursuit of an activity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement.   GPA/O/EEC/1 
 Page 51 
 
 
ANNEX 4  
 
Services 
 
 
 The EC requests Israel to complete its list of services, unless already offered, on the basis of the 
following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 
NB: the EC reserves its right to request additional services in the course of negotiations. GPA/O/EEC/1 
Page 52  
 
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. 
  Threshold : 8,500,000 SDR 
 
List of division 51, CPC 
 
All services listed in division 51. 
   
 
    
 
     
 
    
 
     
 
    
 
     GPA/O/EEC/1 
 Page 53 
 
 
GENERAL NOTES 
 
  (1) The Agreement shall not apply to contracts aw arded for purposes of re-sale or hire to third 
parties, provided that the contract ing entity enjoys no special or excl usive right to sell or hire the 
subject of such contracts and othe r entities are free to sell or hire  it under the same conditions as 
the contracting entity. 
 (2) The Agreement shall not apply to contracts fo r the purchase of water and for the supply of 
energy and of fuels for the production of energy. 
 (3) The Agreement shall not apply to the acquisition or rental of land, buildings or other immovable 
property, or concerning rights thereon. 
 
 
     
 
    
 
     
 
    
 
     
 
    
 
  GPA/O/EEC/1 
Page 54  
 
NOTE 
 
Offset  
 
1. Having regard to Article XVI and to genera l policy considerations regarding development, 
Israel may operate provisions wh ich require the limited incorpor ation of domestic content, 
offset procurement or transfer of technology, in the form  of objective and clearly defined 
conditions for participation in procedures for th e award of contracts, which do not discriminate 
between other Parties. 
 
 This shall be done under the following terms: 
  (a) Israel shall ensure that its entities indicate the existe nce of such conditions in their 
tender notices and specify them cl early in the contract documents. 
 
 (b) Suppliers will not be required to purc hase goods that are not offered on competitive 
terms, including price and quality, or to take  any action which is not justified from a 
commercial standpoint. 
  (c) Offsets in any form may be required up to 35 per cent of the contract going down to 
30 per cent after five years and 20 per cent after ten years, beginning from the date 
Israel implements the Agreement. 
 2. (a) At the end of each period of five ye ars Israel will submit a report concerning the 
implementation of this Note. 
 
 (b) When the level of the offset has reached 20 per cent, Israel will consult with the Parties 
to this Agreement on the level of the use of of fset by Israel.  The review shall take into 
consideration inter alia  general and economic developments in Israel, its trade balance, 
the actual performance within the framewor k of this Agreement and the views of the 
other Parties. 
 
 
The EC may refer to the issue of offsets in an additional request. 
 
  
 
     
 
    
  GPA/O/EEC/1 
 Page 55 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Israel offers BOT/works c oncessions.  The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that Israel adopts the following 
thresholds: 
 
- For Annex 1 entities, where the value of their procurement equals or exceeds:  
 SDR 5,000,000 for contracts for construction services  
 - For Annex 2 entities, where the value of their procurement equals or exceeds: 
 SDR 5,000,000 for contracts for construction services 
 SDR 200,000 for contracts for supply of goods and services 
 
- For Annex 3 entities, where the value of their procurement equals or exceeds: 
 SDR 400,000 for contracts for supply of goods and services 
 SDR 5,000,000 for contracts for construction services 
 GPA/O/EEC/1 
Page 56  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO JAPAN 
 
  
Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
  
 
Supplies  
 
Threshold : 
 
130 thousand SDR 
Services  
 
Threshold : 
 
Construction services :  4,500 thousand SDR 
 
Architectural, engineering and other technical services covered by this Agreement:   
450 thousand SDR 
 Other services :  130 thousand SDR 
 
 
A/ All central government entities, including: 
 
All entities covered by the Accounts Law as follows: 
 
- House of Representatives  - House of Councillors  - Supreme Court  
- Board of Audit 
- Cabinet  - National Personnel Authority  - Cabinet Office - Imperial Household Agency - National Public Safety Commission  
 (National Police Agency)  
- Defense Agency - Financial Services Agency - Ministry of Internal Affairs and Communications - Ministry of Justice 
- Ministry of Foreign Affairs 
- Ministry of Finance - Ministry of Education, Culture, Sports, Science and Technology - Ministry of Health, Labour and Welfare - Ministry of Agriculture, Forestry and Fisheries 
- Ministry of Economy, Trade and Industry 
- Ministry of Land, Infrastructure and Transport  GPA/O/EEC/1 
 Page 57 
 
 
-    Ministry of Environment  B/ All other central public entities, including subor dinated entities of central government, whether at 
central or regional level 
 
 
Notes to Annex 1  
 
1. Entities covered by the Accounts Law include all their internal sub-divisions, independent organs, 
attached organizations and other organizations and local branch office s provided for in the 
National Government Organization Law and the Law establishing the Cabinet Office. 
 
2. Products and services procured w ith a view to resale or with a view to use in the production of 
goods for sale are not included.   
 
3. This Agreement shall not apply to contracts to be awarded to co -operatives or associations in 
accordance with laws and regulations existing at th e time of the entry into force of this Agreement 
for Japan. 
 
4. This Agreement will generally apply to procur ement by the Defence Agency of the following 
Federal Supply Classification (FSC) categor ies subject to the Japanese Government 
determinations under the provisions of Article XXIII, paragraph 1: 
 
FSC Description  
 
22  Railway Equipment 
24  Tractors 
32  Woodworking Machinery and Equipment 34  Metalworking Machinery 35  Service and Trade Equipment 36  Special Industry Machinery 37  Agricultural Machinery and Equipment 
38  Construction, Mining, Excavating,  and Highway Maintenance Equipment 
39  Materials Handling Equipment 40  Rope, Cable, Chain, and Fittings 41  Refrigeration, Air Conditioning,  and Air Circulating Equipment 
43  Pumps and Compressors 
45  Plumbing, Heating and Sanitation Equipment 
46  Water Purification and Sewage Treatment Equipment 47  Pipe, Tubing, Hose, and Fittings 48  Valves 51  Hand Tools 52  Measuring Tools 
55  Lumber, Millwork, Plywood and Veneer 
61  Electric Wire, and Power and Distribution Equipment 62  Lighting Fixtures and Lamps 65  Medical, Dental, and Veterinary Equipment and Supplies 6630  Chemical Analysis Instruments 
6635  Physical Properties Testing Equipment 
6640  Laboratory Equipment and Supplies 6645  Time Measuring Instruments 6650  Optical Instruments 6655 Geophysical and Astronomical Instruments GPA/O/EEC/1 
Page 58  
 
6660 Meteorological Instruments and Apparatus 6670 Scales and Balances 6675 Drafting, Surveying, and Mapping Instruments 6680 Liquid and Gas Flow, Liquid Level, a nd Mechanical Motion Measuring Instruments 
6685 Pressure, Temperature, and Humidity Measuring and Controlling Instruments 
6695 Combination and Mi scellaneous Instruments 
67 Photographic Equipment 68 Chemicals and Chemical Products 71 Furniture 72 Household and Commercial Furnishings and Appliances 
73 Food Preparation and Serving Equipment 
74 Office Machines and Visible Record Equipment 75 Office Supplies and Devices 76 Books, Maps, and Other Publications 77 Musical Instruments, Phonographs, and Home-type Radios 
79 Cleaning Equipment and Supplies 
80 Brushes, Paints, Sealers, and Adhesives 8110 Drums and Cans 8115 Boxes, Cartons, and Crates 8125 Bottles and Jars 8130 Reels and Spools 
8135 Packaging and Packing Bulk Materials 
85 Toiletries 87 Agricultural Supplies 93 Non-metallic Fabricated Materials 94 Non-metallic Crude Materials 
99   Miscellaneous  GPA/O/EEC/1 
 Page 59 
 
 
ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement1 
 
 
 
Supplies  
 
Threshold : 
 
200 thousand SDR 
 
Services  
 
Threshold : 
 
Construction services :  15,000 thousand SDR 
 
Architectural, engineering a nd other technical services c overed by this Agreement:   
1,500 thousand SDR 
 
Other services :  200 thousand SDR 
 
 A/ All sub-central government entities, including th ose operating at the local, regional or municipal 
level, including: 
 
All prefectural governments entitled "To", "Do", "F u" and "Ken", and all designated cities entitled 
"Shitei-toshi", covered by the Local Autonomy Law as follows: 
 
 
- Hokkaido 
- Aomori-ken - Iwate-ken - Miyagi-ken - Akita-ken 
- Yamagata-ken 
- Fukushima-ken - Ibaraki-ken - Tochigi-ken - Gunma-ken - Saitama-ken 
- Chiba-ken 
- Tokyo-to - Kanagawa-ken - Niigata-ken - Toyama-ken 
- Ishikawa-ken 
- Fukui-ken 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
 GPA/O/EEC/1 
Page 60  
 
- Yamanashi-ken - Nagano-ken - Gifu-ken - Shizuoka-ken - Aichi-ken 
- Mie-ken 
- Shiga-ken - Kyoto-fu - Osaka-fu - Hyogo-ken 
- Nara-ken 
- Wakayama-ken - Tottori-ken - Shimane-ken - Okayama-ken 
- Hiroshima-ken 
- Yamaguchi-ken - Tokushima-ken - Kagawa-ken - Ehime-ken - Kochi-ken 
- Fukuoka-ken 
- Saga-ken - Nagasaki-ken - Kumamoto-ken - Oita-ken 
- Miyazaki-ken 
- Kagoshima-ken - Okinawa-ken - Osaka-shi - Nagoya-shi - Kyoto-shi 
- Yokohama-shi 
- Kobe-shi - Kitakyushu-shi - Sapporo-shi - Kawasaki-shi 
- Fukuoka-shi 
- Hiroshima-shi - Sendai-shi - Chiba-shi   B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local governme nt and which are engage d in non-commercial or 
non-industrial activities 
 
 Notes to Annex 2  
 
1. "To", "Do", "Fu", "Ken" and "Shitei-toshi" covered by the Local Autonomy Law include all 
internal sub-divisions,  attach ed organizations and branch o ffices of all their governors or 
mayors, committees and other organizations provided for in the Local Autonomy Law.  GPA/O/EEC/1 
 Page 61 
 
 
2.  Products and services procured with a view to resale or with a view to use in the production of 
goods for sale are not included.   
 3. This Agreement shall not apply to contracts to be awarded to co-operativ es or associations in 
accordance with laws and regulations existing at the time of the entry into force of this 
Agreement for Japan.   
 
4. This Agreement shall not apply to contracts wh ich the entities award for purposes of their daily 
profit-making activities which are exposed to compet itive forces in markets.  This note shall not 
be used in a manner which circumvent s the provisions of this Agreement. 
 
5.  Procurement related to operational sa fety of transportation is not included. 
 
6.  Procurement related to the pr oduction, transport or distribution of electricity is not included. 
 
 
    GPA/O/EEC/1 
Page 62  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement 
  
 
Supplies 
 
Threshold : 
 
130 thousand SDR 
 
Services  
 
Threshold :   
 
Construction services :   
4,500 thousand SDR for Japan Post in Group A 
15,000 thousand SDR for all other entities in Group A 
4,500 thousand SDR for entities in Group B 
 
Architectural, engineering and other technical services covered by this Agreement:    
450 thousand SDR 
 Other services :  130 thousand SDR 
 
 A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) the supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
  (a) the provision or operation of fixed ne tworks intended to provide a service to 
the public in connection with the production, transport or distribution of electricity;  
or 
 
 (b) the supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
 
 (a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) the supply of drinking water to such networks. 
  GPA/O/EEC/1 
 Page 63 
 
 
4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. The exploration for or extraction of oil, coal or other solid fuels.   
 9. Postal services consisting of the clearance, sorting, routing and delivery of postal items. 
 
 B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
 Group A* 
- Water Resources Development Public Corporation - Japan Regional Development Corporation* 
- Japan Green Resources Corporation* 
- Japan National Oil Corporation (c) - Japan Railway Construction Public Corporation (a)(d) - Narita International Airport Corporation - Japan Highway Public Corporation - Metropolitan Expressway Public Corporation 
- Hanshin Expressway Public Corporation 
- Honshu-Shikoku Bridge Authority - Urban Development Corporation (a) - Japan Science and Technology Corporation* 
- Japan Nuclear Cycle Development 
 Institute (b) 
- Japan Environmental Safety Corporation* 
- Japan International Cooperation Agency* 
- Social Welfare and Medical Service Corporation* 
- Government Pension Investment Fund* 
- Agriculture and Livestock Industries Corporation* 
- Japan Oil, Gas and Metals National Corporation (c) - Japan Small and Medium Enterprise Corporation* 
- Japan Post - Japan Labour Health and Welfare Organization* 
 Employment and Human Resources Development Organization of Japan 
- Okinawa Development Finance Corporation* 
- National Life Finance Corporation* 
- Agriculture, Forestry and Fisheries Finance Corporation* 
- Japan Finance Corporation for Small and Medium Enterprise* 
- Housing Loan Corporation* 
- Japan Finance Corporation for Municipal Enterprises* GPA/O/EEC/1 
Page 64  
 
- Development Bank of Japan* 
- Japan Bank for International Cooperation* 
- Tokyo Metro Co. Ltd. (a) - Japan Tobacco Inc* 
- Hokkaido Railway Company (a) 
- East Japan Railway Company (a) 
- Central Japan Railway Company (a) - West Japan Railway Company (a) - Shikoku Railway Company (a) - Kyushu Railway Company (a) 
- Japan Freight Railway Company (a) 
- Nippon Telegraph and Telephone Co. (f) - Northern Territories Issue Association* 
- National Consumer Affairs Center of Japan* 
- Japan Atomic Energy Research Institute (b)* 
- RIKEN (The Institute of Physi cal and Chemical Research) (b)* 
- Environmental Restoration and Conservation Agency* 
- Fund for the Promotion and Deve lopment of the Amami Islands* 
- Japan Foundation* 
- Japan Student Services Organization* 
- Japan Art Council* 
- Japan society for the promotion of science* 
- University of the Air Foundation* 
- National Stadium And School Health Sector of Japan* 
- Social Insurance Medical Fee Payment Fund* 
- Association For Welfare of the Me ntally and Physically Handicapped* 
- Japan Racing Association* 
- Mutual Aid Association of Agriculture, Fo restry and Fishery Corporation Personnel* 
- The National Association of Racing* 
- Farmers' Pension Fund* 
- Japan Keirin Association* 
- Japan External Trade Organization* 
- Japan Motorcycle Racing Organization* 
- New Energy and Industrial Technology* 
 Development Organization* 
- Japan National Tourist Organization* 
- Japan Institute of Labour* 
- Mutual Aid Fund for Official Casualties and Retirement of Volunteer Firemen* 
- Corporation for Advanced Transport and Technology (e)* 
- The Promotion and Mutual Aid Corporation for Private Schools of Japan* 
 Organization for Workers' Retirement* 
- Allowance Mutual Aid* 
 
*  Former Group A: Apart from listed entities operating in the fields of drinking water and energy, 
transport (air, railway and urban transport), tel ecommunication, postal services, the EC deems the 
remaining entities to be misplaced in Annex 3.  Accordingly, those entities should be located either 
in Annex 1 or 2.  Listed entities followed by * are examples of such misplaced entities.  As for 
entities which do not fall within the definitions of those Annexes, but operate in the sectors 
described above, the EC agrees for them to rema in in Annex 3 subject to further negotiation. 
 
Group B entities 
- National Archives of Japan - Communications Research Laboratory 
- National Research Institute of Fire and Disaster  GPA/O/EEC/1 
 Page 65 
 
 
- National Research Institute of Brewing - National Center for University Entrance Examinations - National Institute of Special Education - National Olympics Memorial Youth Center - National Women's Education Center 
- National Youth Houses 
- National Children's Centers - The National Institute for Japanese Language - National Science Museum - National Institute for Materials Science 
- National Research Institute for Eart h Science and Disaster Prevention 
- National Aerospace Laboratory of Japan - National Institute of Radiological Sciences - National Museum of Art - National Museum 
- National Research Institute for Cultural Properties 
- National Center for Teachers' Development - National Institute of Health and Nutrition - National Institute of Industrial Safety - National Institute of Industrial Health - Center for Food Quality, Labeling and Consumer Services 
- National Center for Seeds and Seedlings 
- National Livestock Breeding Center - Fertilizer and Feed Inspection Station - Agricultural Chemicals Inspection Station - National Farmers Academy 
- Forest Tree Breeding Center 
- National Salmon Resources Center - National Fisheries University - National Agricultural Research Organization - National Institute of Agrobiological Sciences - National Institute for Agro-Environmental Sciences 
- National Institute for Rural Engineering 
- National Food Research Institute - Japan International Research Ce nter for Agricultural Sciences 
- Forestry and Forest Pr oducts Research Institute 
- Fisheries Research Agency 
- Research Institute of Economy, Trade and Industry 
- National Center for Industrial Property Information - Nippon Export and Investment Insurance - National Institute of Advanced Industrial Science and Technology 
- National Institute of Technology and Evaluation - Public Works Research Institute 
- Building Research Institute 
 National Traffic Safety and Environment Laboratory - National Maritime Research Institute - Port and Airport Research Institute - Electronic Navigation Research Institute 
- Civil Engineering Research Institute of Hokkaido 
- Marine Technical College - National Institute for Sea Training - Schools for Seafarers Training - Civil Aviation College 
- National Institute for Environmental Studies GPA/O/EEC/1 
Page 66  
 
- Labor Management Organi zation for USFJ Employees 
- National Agency for Vehicle Inspection - National Statistics Center - Japan Mint - National Printing Bureau 
- Japan Nuclear Energy Safety Organization 
- National Hospital Organization - National University Corporation - Inter-University Research Institute Corporation - Institute of National Colleges of Technology, Japan 
- National Institution for Academic Degrees and University Evaluation 
- Center for National University Finance and Management - National Institute of Multimedia Education  Former Group B:  Listed entities in former Group B are not entities operating in the utilities sectors as 
defined above.  Consequently, these entities should be placed either in Annex 1 or Annex 2.  
 
Notes to Annex 3  
 
1. Products and services procured with a view to resale or with a view to use in the production of 
goods for sale are not included. 
 
2. This Agreement shall not apply to contracts to be awarded to co -operatives or associations in 
accordance with laws and regulations existing at the time of the entry into force of this 
Agreement for Japan.   
 
3. This Agreement shall not appl y to contracts which the entities in Group A award for purposes of 
their daily profit-making activities which are exposed to competitive  forces in markets.  This 
note shall not be used in a manner which circumvents the pr ovisions of this Agreement. 
 
2. Contracts awarded for the pursuit of an ac tivity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement.  
 
 4.  Notes to specific entities: 
   (a) Procurement related to operational safety of transportation is not included. 
 
  (b) Procurement which could lead to the disc losure of information incompatible with the 
purpose of the Treaty on the Non-Prolif eration of Nuclear Weapons or with 
international agreements on intellectual property rights is not included.  Procurement 
for safety-related activities aiming at u tilization and management of radioactive 
materials and responding to emergencies of nuclear installation is not included.   
 
  (c) Procurement re lated to geological and geophysica l survey is not included.   
 
  (d) Procurement of advertisin g services, construction services and real estate services is not 
included. 
 
  (e) Procurement of ships to be jointly owned with private companies is not included.   
   (f) Procurement of public electrical telecomm unications equipment and of services related 
to operational safety of telecommunications is not included.   
  GPA/O/EEC/1 
 Page 67 
 
 
  (g) Procurement of the services specified in  Annex 4, other than construction services, is 
not included. 
 GPA/O/EEC/1 
Page 68  
 
ANNEX 4 
 
Services 
 
 
 
 The EC requests Japan to complete its list of se rvices, unless already offe red, on the basis of the 
following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
 
  GPA/O/EEC/1 
 Page 69 
 
 
Notes to Annex 4  
 
1. Maintenance and repair serv ices are not included with re spect to those motor vehicles, 
motorcycles and snowmobiles which are specifically modified and inspected to meet regulations 
of the entities. 
 
2. Courier services are not incl uded with respect to letters. 
 
3. Architectural, engineering and other technical services  related to construction services, with the 
exception of the following services when procured independently, are included: 
 
 - Final design services of CPC 86712 Architectural design services; 
 - CPC 86713 Contract administration services; 
 - Design services consisting of one or a comb ination of final plans, specifications and 
cost estimates of e ither CPC 86722 Engineering design se rvices for the construction of 
foundations and building structures, or CPC 86723 Engineering design services for mechanical 
and electrical installations for buildings, or  CPC 86724 Engineering design services for the 
construction of civil engineering works;  and 
 - CPC 86727 Other engineering services duri ng the construction and installation phase. 
 
4. Publishing and printing services are not in cluded with respect to  materials containing 
confidential information. 
 
   
 
     
 
    
 
     
 
    
 
 GPA/O/EEC/1 
Page 70  
 
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 (CPC).   
  List of Division 51, CPC :   
 
 All services list ed in Division 51. 
 Threshold : 4,500 thousand SDR for entities set out in ANNEX 1; 
  15,000 thousand SDR for those in ANNEX 2; 
  4,500 thousand SDR for Japan Post in Group A in ANNEX 3; 
  15,000 thousand SDR for all other entities in Group A in ANNEX 3 and 
  4,500 thousand SDR for entities in Group B in ANNEX 3. 
 
   
 
     
 
    
 
     
 
    
 
  GPA/O/EEC/1 
 Page 71 
 
 
GENERAL NOTES 
 
   In case Parties do not apply Article XX to suppli ers or service providers of Japan in contesting 
the award of contract by entities, Japan may not apply the Article to suppliers or  service providers of the 
Parties in contesting the award of cont racts by the same kind of entities. 
 
 GPA/O/EEC/1 
Page 72  
 
Market access issues 
 A. Works concessions 
 
The EC requests that Japan offe rs BOT/works concessions.  The aw ard of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that Japan adopts the following 
thresholds: 
 
- For Annex 1 entities, where the value of their procurement equals or exceeds: 
 SDR 130,000 for contracts for supply of architectural services  
 SDR 5,000,000 for contracts for construction services 
 - For Annex 2 entities, where the value of their procurement equals or exceeds:  
 SDR 5,000,000 for contracts for construction services 
 SDR 200,000 for contracts for architectural services 
 - For Annex 3 entities, where the value of their procurement equal or exceeds: 
 SDR 5,000,000 for contracts for construction services  
 SDR 400,000 for contracts for supply of goods and services (including architectural services)  GPA/O/EEC/1 
 Page 73 
 
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO KOREA 
 
 
Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
 
 
Supplies  
Threshold : 130,000 SDR 
 
Services  
Threshold : 130,000 SDR 
 
Construction Services  
Threshold : 5,000,000 SDR 
 
 
A/ All central government entities, including:  
 
- Board of Audit and Inspection - Office of the Prime Minister - Office for Government Policy Coordination 
- Ministry of Gender Equality 
- Ministry of Finance and Economy - Ministry of Planning and Budget - Financial Supervisory Commission - Ministry of Unification - Ministry of Government Ad ministration and Home Affairs 
- Civil Service Commission 
- Ministry of Science and Technology - Government Information Agency - Government Legislation Agency - Patriots and Veterans  Administration Agency 
- Ministry of Foreign Affairs and Trade 
- Ministry of Justice - Ministry of National Defense - Ministry of Education and Human Resources Development 
- Ministry of Culture and Tourism - Cultural Properties Administration 
- Ministry of Agriculture and Forestry 
- Ministry of Commerce, Industry and Energy - Ministry of Health and Welfare - Food and Drug Administration - Ministry of Labor 
- Ministry of Construction and Transportation 
- Ministry of Maritime  Affairs and Fisheries 
- Ministry of Information and Communications - Ministry of Environment GPA/O/EEC/1 
Page 74  
 
- Public Procurement Service (limited to purchases for entities in this list only.  Regarding 
procurement for entities in Annex 2 and Annex 3 in  this list, the coverages and thresholds for 
such entities thereunde r shall be applied.) 
- National Tax Service 
- Customs Service 
- National Statistical Office 
- Korea Meteorological Administration - National Police Agency (except purchases fo r the purpose of maintaining public order, as 
provided in Article XXIII of the Code.) 
- Supreme Public Prosecutors' Office 
- Military Manpower Administration 
- Rural Development Administration - Forest Service - Korean Intellectual Property Office - Small and Medium Bu siness Administration 
- Korea National Railroad Administration (The Korean Government plans to change the NRA 
into a public corporation in 1996, in which case th e Korean Government has the right to transfer 
the NRA from Annex 1 to Annex 3 without any consultation and/or compensatory measures.) 
- National Maritime Police Agen cy (except purchases for the purpose of maintaining public 
order, as provided in Article XXIII of the Agreement.) 
 
 
B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level. 
 
 
Notes to Annex 1  
 
1. The above central government entities include their subordina te linear organizations, special 
local administrative organs, and attached organs as prescribed in the Government Organization 
Act of the Republic of Korea.  
 
2. This Agreement does not apply to the products and services procured with a view to resale or to 
use in the production of goods or provision of services for sale.  
 3. This Agreement does not apply to the singl e tendering procurement including set-asides for 
small- and medium-sized busine sses according to the Act Relating to Contracts to which the 
State is a Party and its Presidential Decree, and the procurement of agricultural, fishery and 
livestock products according to the Foodgrai n Management Law, the Law Concerning 
Marketing and Price Stabilizati on of Agricultural and Fishery Pr oducts, and the Livestock Law. 
 
4. This Agreement does not apply to the procurem ent of satellites according to the Aviation and 
Space Industry Development Promotion Law for five years from its entry into force for Korea. 
 
5. The Defence Logistics Agency shall be considered  as part of the Ministry  of National Defence.  
Subject to the decision of the Korean Gove rnment under the provisi ons of paragraph 1, 
Article XXIII, for MND purchases, this Agreem ent will generally apply to the following FSC 
categories only, and for services and construction services listed in Anne x 4 and Annex 5, it will 
apply only to those areas which are not re lated to national security and defence.  
 
FSC Description  
 
2510 Vehicular cab, body, and fr ame structural components 
2520 Vehicular power transmission components  GPA/O/EEC/1 
 Page 75 
 
 
2540 Vehicular furniture and accessories 2590 Miscellaneous vehicular components 2610 Tires and tubes, pneumatic, nonaircraft 
2910 Engine fuel system components, nonaircraft 2920 Engine electrical system  components, nonaircraft 
2930 Engine cooling system components, nonaircraft 
2940 Engine air and oil filters, st rainers and cleaner s, nonaircraft 
2990 Miscellaneous engine accessories, nonaircraft 3020 Gears, pulleys, sprockets and transmission chain 3416 Lathes 
3417 Milling machines 
3510 Laundry and dry cleaning equipment 4110 Refrigeration equipment 4230 Decontaminating and impregnating equipment 
4520 Space heating equipment an d domestic water heaters 
4940 Miscellaneous maintenance and re pair shop specialized equipment 
5120 Hand tools, nonedged, nonpowered 5410 Prefabricated and portable buildings 5530 Plywood and veneer 5660 Fencing, fences and gates 5945 Relays and solenoids 
5965 Headsets, handsets, microphones and speakers 
5985 Antennae, waveguide, and related equipment 
5995 Cable, cord, and wire assemb lies:  communication equipment 
6505 Drugs and biologicals 6220 Electric vehicular lights and fixtures 
6840 Pest control agents disinfectants 
6850 Miscellaneous chemical, specialties 7310 Food cooking, baking, and serving equipment 
7320 Kitchen equipment and appliances 7330 Kitchen hand tools and utensils 7350 Table ware 
7360 Sets, kits, outfits, and module s food preparation and serving 
7530 Stationery and record forms 7920 Brooms, brushes, mops, and sponges 7930 Cleaning and polishing compounds and preparations 8110 Drums and cans 
9150 Oils and greases:  cutting, lubricating, and hydraulic  
9310 Paper and paperboard  GPA/O/EEC/1 
Page 76  
 
ANNEX 2 
 
Sub-Central Government Entities wh ich Procure in Accordance 
With the Provisions of this Agreement  
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement1 
 
  Supplies  
Threshold : 200,000 SDR 
 
Services  
Threshold : 200,000 SDR 
 
Construction Services  
Threshold : SDR 15,000,000 
 
 A/ All sub-central government entities, including th ose operating at the local, regional or municipal 
level, including: 
 
- Seoul Metropolitan Government - City of Pusan - City of Taegu 
- City of Inchon 
- City of Kwangju - City of Taejon - Kyonggi-do - Kang-won-do - Chungchongbuk-do 
- Chungchongnam-do 
- Kyongsangbuk-do - Kyongsangnam-do - Chollabuk-do - Chollanam-do 
- Cheju-do 
  B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local governme nt and which are engage d in non-commercial or 
non-industrial activities. 
 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
  GPA/O/EEC/1 
 Page 77 
 
 
Notes to Annex 2   1. The above sub-central admi nistrative government entities include their subordinate 
organizations under direct control and offices as prescribed in the Local Autonomy Law of the 
Republic of Korea.   
 
2. This Agreement does not apply to the products and services procured with a view to resale or to 
use in the production of goods or provision of services for sale.   
 3. This Agreement does not apply to the singl e tendering procurement including set-asides for 
small- and medium-sized busine sses according to the Local Fina nce Law and its Presidential 
Decree.  
 
4. This Agreement does not apply to the procurem ent of satellites according to the Aviation and 
Space Industry Development Promotion Law for five years from its entry into force for Korea.   GPA/O/EEC/1 
Page 78  
 
ANNEX 3  
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
 
 A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 
2. As far as electricity is concerned: 
  (a) 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 
 
 (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
  (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 
6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. The exploration for or extraction of oil, coal or other solid fuels.   
 9. Postal services consisting of the clearance, so rting, routing and delivery of postal items.  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
  GPA/O/EEC/1 
 Page 79 
 
 
- Korea Development Bank* 
- Industrial Bank of Korea* 
- Korea Minting and Security Printing Corporation* 
- Korea Electric Power Corporation (except pur chases of products in the categories of 
HS Nos. 8504, 8535, 8537 and 8544) 
- Korea Coal Corporation 
- Korea Resources Corporation - Korea National Oil Corporation - Korea General Chemical Corporation* 
- Korea Trade-Investment Promotion Agency* 
- Korea Highway Corporation - Korea National Housing Corporation* 
- Korea Water Resources Corporation - Korea Land Corporation* 
- Korea Agriculture and Rural Infrastructure Corporation* 
- Agricultural and Fishery Marketing Corporation* 
- Korea National Tourism Organization* 
- Korea Labor Welfare Corporation* 
- Korea Gas Corporation  N.B:  Apart from entities operating in the utilities sect ors (as defined above), the EC deems several of 
the entities listed to be misplaced in Annex 3.  Acco rdingly, those entities should be located either in 
Annex 1 or 2.  Listed entities followed by * are ex amples of such misplaced entities.  As for entities 
which do not fall within the definitions of those Annexes, but operate in the sectors described above, 
the EC agrees for them to remain in Annex 3 subject  to further negotiation.  Finally, the EC requests 
Korea to complete and add to its list entities opera ting in the utilities sectors (as defined above).   
 
 
Notes to Annex 3  
 
1. This Agreement does not apply to the products and services procured with a view to resale or to 
use in the production of goods or provision of services for sale.   
 
2. This Agreement does not apply to the singl e tendering procurement including set-asides for 
small- and medium-sized businesses accordi ng to the Government Invested Enterprise 
Management Law and Accounting Regulations  on Government Invested Enterprise. 
 
3. This Agreement does not apply to the procur ement of satellites according to the Aviation and 
Space Industry Development Promotion Law for five years from its entry into force for Korea.  
 
2. Contracts awarded for the pursuit of an activity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. 
 
 GPA/O/EEC/1 
Page 80  
 
ANNEX 4 
 
Services 
 
 
 The EC requests the Republic of  Korea to complete its list of services, unless already offered, 
on the basis of the following list: 
 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
  GPA/O/EEC/1 
 Page 81 
 
 
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.   
 
Threshold : 5,000,000 SDR for entities set out in Annex 1 
  15,000,000 SDR for entities set out in Annex 2 
  15,000,000 SDR for entities set out in Annex 3 
 
 List of Division 51, CPC : 
 
All services listed  in Division 51. 
 
 
    
 
     
 
    
 
     
 
    
 
   GPA/O/EEC/1 
Page 82  
 
GENERAL NOTES 
 
  1. Korea will not extend the benefits of this Agreement 
  (a) as regards the award of contracts by the National Railr oad Administration, 
 
 (b) as regards procurement for airports  by the entities listed in Annex 1, 
 
 (c) as regards procurement for urban transp ortation (including subways) by the entities 
listed in Annexes 1 and 2 
 
 to the suppliers and service pr oviders of member States of th e European Communities, Austria, 
Norway, Sweden, Finland and Switzerland, until such time as Korea has accepted that those 
countries give comparable and effective acces s for Korean undertakings to their relevant 
markets. 
 
 3. A service listed in Annex 4 is covered with resp ect to a particular party only to the extent that 
such party has included that  service in its Annex 4. 
 
  GPA/O/EEC/1 
 Page 83 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that the Republic of Korea o ffers BOT/works concessions. The award of such 
contracts by any covered entity, when they e qual or exceed SDR 5,000,000 should be done in 
accordance with in particular Articles II, III, IX:6 , XVIII:1, XX of the GPA (draft Articles II:6, III, 
V:1 and 2, XII:2 and XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that the Republic of Korea adopts the 
following thresholds: 
 
- For Annex 2 entities, where the value of their procurement equals or exceeds: 
 SDR 5,000,000 for contracts for construction services.  
 - For Annex 3 entities, where the value of their procurement equals or exceeds: 
 SDR 5,000,000 for contracts for construction services  
 SDR 400,000 for contracts for supply of goods and services. GPA/O/EEC/1 
Page 84  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO  
THE PRINCIPALITY OF LIECHTENSTEIN 
 
  Appendix I 
ANNEX 1 
 
Central Government Entities whic h 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 
 
 A/ All central government entities, including:   
 
Government of the Principality of Liechtenstein 
 B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level 
 
 
Note to Annex 1  
 
The Agreement shall not apply to contracts awarded by  contracting authorities in the field of drinking 
water, energy, transport or telecommunications.   
 
    GPA/O/EEC/1 
 Page 85 
 
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement1 
 
  
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 
 
A/ All sub-central government entities, including th ose operating at the local, regional or municipal 
level 
 
1. Public Authorities at local level 
 
B/ All other entities in the Principality of Liechtens tein whose procurement policies are substantially 
controlled by, dependent on, or influenced by cen tral, regional or local government and which are 
engaged in non-commercial or non-industrial activities 
 
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 awarde d by contracting authorities in connection with 
activities in the field of drinking water, energy, transport or telecommunications.   
 
    
 
     
 
    
 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
 GPA/O/EEC/1 
Page 86  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
  
  The contracting entities which are public authorities
2 or public undertakings3 and which have as 
at least one of their activities any 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);   
4. the exploitation of a geographical area for the purpose of the provision of airport or other 
terminal facilities to carriers by ai r (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 carriers by sea or in land waterway (as specif ied under title V).   
 
 
I. Production, transport or di stribution of drinking water  
                                                      
     2Public authorities means the State, regional or local aut horities, 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 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 region al or local authorities, or other bodies governed by public 
law, or is subject to management supervision by t hose 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.    
     3Public undertakings means any undertaking over wh ich the public authorities may exercise directly 
or indirectly a dominant influence by virtue of their owne rship 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/EEC/1 
 Page 87 
 
 
Public authorities and public undertakings producing, transporting and distributin g drinking water.  Such 
public authorities and public undertakings are opera ting 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 pursuant to the "Gesetz vom 
16. Juni 1947 betreffend die "Liechtens teinischen Kraftwerke" (LKWG)".   
 
 - Liechtensteinische Kraftwerke 
 
 
III. Contracting entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
Liechtensteinische Po st-, Telefon- und Tele grafenbetriebe (PTT) 
 
according to "Vertrag vom 9. Januar 1978 zw ischen dem Fürstentum Liechtenstein und der 
Schweizerischen Eidgenossenschaft über die Besorgung der Post- und Fernmeldedienste im Fürstentum 
Liechtenstein durch die Schweize rischen Post-, Telefon- und Te legrafenbetriebe (PTT).   
 
 
IV. Contracting entities in th e field of airport facilities  
 
None 
 
 
A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 
2. As far as electricity is concerned: 
 
 (a) 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 
 
 (b) The supply of electricity to such networks. 
 GPA/O/EEC/1 
Page 88  
 
3. As far as drinking water is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision or operation of public telecomm unications networks or the provision of one or 
more telecommunications services. 
 
6. Postal services consisting of the clearance, sorting, routing and delivery of postal items.  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
 - Gruppenwasserversorgung Liechtensteiner Oberland 
  - Gruppenwasserversorgung Li echtensteiner Unterland 
 
 - Liechtensteinische Kraftwerke 
 
 - Liechtensteinische Post-, Telefon- und Tele grafenbetriebe (PTT) 
 
 
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 hi re it under the same conditions as the contracting entity.   
 3. to contracts for the purchase of water.   
 
4. 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.   
 5. to contracts for the supply of energy or of fuels for the production of energy.   
  GPA/O/EEC/1 
 Page 89 
 
 
6. 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.   
 7. Contracts awarded for the pursuit of an activity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. 
   GPA/O/EEC/1 
Page 90  
 
ANNEX 4  
 
Services 
  
 The EC requests the Principality of Liechtenstein to complete its list of services, unless already 
offered, on the basis of the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
  GPA/O/EEC/1 
 Page 91 
 
 
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 Divisi on 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/EEC/1 
Page 92  
 
GENERAL NOTES 
 
  
1. The Principality of Liechtenstein will not  extend the benefits of this Agreement:   
 
 - 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.   
 
4. The Agreement shall not apply to contracts awarded under:   
  - an international agreement and intended fo r the joint implementation or exploitation of 
a project by signatory States; 
 
 - the particular procedure of an  international organization.   
 5. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes a nd human feeding programmes.   
 6. 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 comm itments under the GATS.   
 
  GPA/O/EEC/1 
 Page 93 
 
 
Market access  issues 
 
A. Works concessions 
 The EC requests that the Principality of Liechtens tein offers BOT/works concessions.  The award of 
such contracts by any covered entity, when they  equal or exceed SDR 5,000,000 should be done in 
accordance with in particular Articles II, III, IX:6 , XVIII:1, XX of the GPA (draft Articles II:6, III, 
V:1 and 2, XII:2 and XVII of the GPA under review). 
 
 
B. Thresholds 
 Current thresholds. 
  GPA/O/EEC/1 
Page 94  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO NORWAY 
 
  
Appendix I 
ANNEX 1 
 
Entities which Procure in Accordance 
With the Provisions of this Agreement 
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
  Supplies   
Threshold : SDR 130,000  
 
Services  (specified in Annex 4) 
Threshold : SDR 130,000  
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000 
List of Entities : 
 
The following central government entities including: 
 A/ All central government entities, including:  
 
 Statsministerens kontor Office of the Prime Minister  
Barne - og familiedepartementet Minist ry of Children and Family Affairs  
 
Barneombudet  Commissioner for Children Forbrukerombudet Consumer Ombudsman Forbrukerrådet Consumer Council 
Likestillingsombudet Equal Status Ombud 
Likestillingsrådet Equal Status Council Statens Adopsjonskontor Government Adoption Office Statens Institutt for Forbruksforskning Na tional Institute for Consumer Research 
 
Finans- og tolldepartementet Ministry of Finance   
 
Kredittilsynet The Banking, Insurance and Securities    Commission of Norway Skattedirektoratet Directorate of Taxes Oljeskattekontoret Petroleum Tax Office 
Toll- og avgiftsdirektoratet Directorate of Customs and Excise 
 
Fiskeridepartementet Ministry of Fisheries  
 
Fiskeridirektoratet  Directorate of Fisheries 
Havforskningsinstituttet Institu te of Marine Research  GPA/O/EEC/1 
 Page 95 
 
 
Kystdirektoratet Coast Directorate  
Forsvarsdepartementet* Ministry of Defence*  
 
Forsvarets bygningstjeneste Norwegia n Defence Construction Service 
Forsvarets Forskningsinstitutt*  Norwegian Defence Research    
  Establishment* Forsvarets Overkommando* Headqua rters Defence Command Norway* 
Forsvarets tele- og datatjeneste No rwegian Defence Communications and 
Data Services Administration 
Haerens Forsyningskommando* Army Material Command* 
Luftforsvarets Forsyningskommando* Airforce Material Command* Sjøforsvarets Forsyningskommando* Navy Material Command* Forsvarets Sanitet* Norwegia n Defence Medical Service* 
 Justis- og politidepartementet Ministry of Justice (and the Police)  
 
Brønnøysundregisterene  The Brønnøysund Register Centre Datatilsynet The Data Inspectorate Direktoratet for sivilt beredskap The Directorate for Civil Defence and               Emergency Planning 
Riksadvokaten Director General of Public Prosecutions 
Statsadvokatembetene Offices of the District Public Prosecutor Politiet  Police Services  
Kirke,- utdannings- og  Ministry of Education, Research 
forskningsdepartementet   and Church Affairs  
 
Bispedømmerådet Diocesan Council Det norske meteoroligiske institutt Norwegian Meteorological Institute 
Kirkerådet National Council of the Church of Norway Lærarutdanningsrådet T eacher Training Council 
Nidarosdomens restaureringsarbeider The Restoration Workshop of Nidaros 
Cathedral 
Norsk Utenrikspolitisk Institutt Norwegia n Institute of International Affairs 
Norsk Voksenpedagogisk  Norwegia n Institute of Adult Education 
Forskningsinstitutt 
Riksbibliotektjenesten National Office for Research and Special 
  Libraries Samisk Utdanningsråd Sami Education Council  
Kommunal- og arbeidsdepartementet   Ministry of Local Government and 
Labour  
 
Arbeidsdirektoratet  Directorate of Labour  Arbeidsforskningsinstituttet Work Research Institute Direktoratet for arbeidstilsynet Norweg ian Directorate of Labour Inspection 
Direktoratet for Brann og Eksplosjonsvern Directorate for Fire and Explosion 
  Prevention 
Produkt- og elektrisitetstilsynet The Norwegian Directorate for Product and 
Electrical Safety 
Produktregisteret The Product Register GPA/O/EEC/1 
Page 96  
 
Statens Bygningstekniske Etat National Office of Building Technology   and Administration Utlendingsdirektoratet Directorate of Immigration  
Kulturdepartementet Ministry of Cultural Affairs  
 
Norsk Filminstitutt National Film Board Norsk Kulturråd Norwegian Cultural Council Norsk Språkråd Norwegian Language Council Riksarkivet National Archives of Norway 
Statsarkivene National Archives 
Rikskonsertene Norwegian State Foundation for National   Promotion of Music Statens Bibliotektilsyn Norwegian Directorate of  Public and    School Libraries 
Statens Filmkontroll National Board of Film Censors 
Statens Filmsentral National Film Board  
Landbruksdepartementet Ministry of Agriculture  
 
Reindriftsadministrasjonen Directorate for Reindeer Husbandry 
Statens dyrehelsetilsyn Norwegian Animal Health Authority 
Statens forskningsstasjoner i Landbruk Norw egian State Agricultural Research  
  Stations  Statens landbrukstilsyn Norwegian Agricultural Inspection Service 
Statens Næringsmiddeltilsyn The Norwegian Food Control Authority 
Veterinærinstituttet National Veterinary Institute   
 
Miljøverndepartementet Ministry of the Environment  
 
Direktoratet for Naturforvaltning   Directorate of Nature Management 
Norsk Polarinstitutt Norwegian Polar Research Institute 
Riksantikvaren Directorate for Cultural Heritage  
Statens Forurensingstilsyn Stat e Pollution Control Authority 
Statens Kartverk Norwegian Mapping Authority  
Nærings-og handelsdepartementet Mi nistry of Trade and Industry  
 
Bergvesenet Directorate of Mining Justervesenet Norwegian Metrology and Accreditation 
Service 
Norges Geologiske Undersøkelse Geological Survey of Norway Statens Veiledningskontor for oppfinnere  Norwegian Government Consultative  
  Office for Inventors 
Sjøfartsdirektoratet Norwegian Maritime Directorate Skipsregistrene Norwegian International Ship Register Styret for det industrielle retts vern Norwegian Patent Office 
 Olje- og energidepartementet                            Ministry of Oil and Energy  
 
Norges vassdrags- og energiverk Norwegian Water Resources and Energy   Administration Oljedirektoratet Norwegian Petroleum Directorate 
  GPA/O/EEC/1 
 Page 97 
 
 
Planleggings- og samordningsdepartementet Ministry of National Planning and  
  Coordination 
 
Fylkesmannsembetene The County Governors Konkurransetilsynet Norwegian Competition Authority 
Prisdirektoratet  The Price Directorate 
Statens Forvaltningstjeneste Government Administration Services Statens Informasjonstjeneste Norweg ian Central Information Service 
Statsbygg The Directorate of Public Construction and   Property 
Statskonsult Directorate of Public Management 
 
Samferdselsdepartementet Ministry of Transport and  
  Communication  
 Postdirektoratet Norway Post 
Statens teleforvaltning Norwegian Telecommunications Authority Statens vegvesen Public Roads Administration  
Sosialdepartementet Ministry of Health and Social Affairs  
 Statens helsetilsyn Norwegian Board of Health 
Statens Institutt for Folkehelse  Nati onal Institute of Public Health 
Radiumhospitalet Norwegian Radium Hospital Rikshospitalet National Hospital Rikstrygdeverket National Insurance Administration 
Rusmiddeldirektoratet Directorate for the Prevention of 
  Alcohol and Drug Problems Statens Helseundersøkelser Nati onal Health Screening Service 
Statens Institutt for alkohol- og  Nati onal Institute for Alcohol and Drug 
narkotikaforskning Research Statens Legemiddelkontroll Norwegian Medicines Control Authority  
Statens Strålevern Norwegian Radiation Protection Authority 
Statens Tobakkskaderåd Nationa l Council on Smoking and Health 
 
Utenriksdepartementet Ministry of Foreign Affairs  
 Direktoratet for utviklingshjelp Directorate for Development Cooperation  
 
Stortinget The Storting  
 
Stortingets ombudsmann for  Stortingets Ombudsman for Public forvaltningen - Sivilombudsmannen Administration 
Riksrevisjonen Office of the Auditor General 
 
Domstolene Courts of Law  
 
B/ All other central public entities, including subor dinated entities of central government, whether at 
central or regional level 
 
Note to Annex 1  
 
Procurement by defence entities (marked with an  "*") covers products  falling under the CCCN 
chapters specified in the General Notes. GPA/O/EEC/1 
Page 98  
 
ANNEX 2 
 
Entities which Procure in Accordance 
With the Provisions of this Agreement  
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement1 
 
 
 Supplies  
Threshold : SDR 200,000 
 
Services  (specified in Annex 4) 
Threshold : SDR 200,000 
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000  
 
 A/ All sub-central government entities, including th ose operating at the local, regional or municipal 
level 
 
1. Contracting authorities of the regional or lo cal public authorities (a ll counties (19) and  
municipalities (435)). 
 
B/ All other entities in Norway whose procurement policies are substantially controlled by, dependent 
on, or influenced by central, regional or local government and which are engaged in non-commercial 
or non industrial activities, including: 
 
2. Bodies governed by public law,  or associations formed by one  or more such authorities or 
bodies governed by public law2, including:   
 
Norsk Rikskringkastning The Norwegian Broadcasting    Corporation Norges Bank Norges Bank Statistisk Sentralbyrå Statistics Norway 
Norges Forskningsråd Research Council of Norway 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
 
     2A body is considered to be governed by public law when it: 
 
 - is established for the specific purpose of meeting needs in the general interest, not being of a 
commercial or industrial nature, and 
 
 - 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 whos e members are appointed by th e State, regional or local 
authorities, or other bodies governed by public law.   
  GPA/O/EEC/1 
 Page 99 
 
 
Statens Pensjonskasse Norwegian Public Service Pension Fund Garanti-instituttet for Eksportkreditt  Norwegian Guarantee Institute for 
 Export Credit 
 Categories : 
 
-  Statsbanker (State Banks)  
 -  Universiteter og Høyskoler etter lov av 16. juni 1989 nr. 77 (Universities and Colleges)  
 
-  Publicly owned and operated museums  
    
 
     
 
    
 
     
 
    
 
     
 
  GPA/O/EEC/1 
Page 100  
 
ANNEX 3 
 
Other Entities which Procure in Accordance 
With the Provisions of this Agreement 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
 
  Supplies  
Threshold : SDR 400,000 
 
Services  (specified in Annex 4)* 
Threshold : SDR 400,000 
 
Works   (specified in Annex 5) 
Threshold : SDR 5,000,000 
 
A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
  (a) 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 
 
 (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, trans port or distribution of drinking water;  or 
 
 (b) The supply of drinking water to such networks. 
 
4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services.  GPA/O/EEC/1 
 Page 101 
 
 
8. The exploration for or extraction of oil, coal or other solid fuels.   
 9. Postal services consisting of the clearance, sorting, routing and delivery of postal items.  
 
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities. 
 
1. The electricity sector :** 
 
 Public entities producing, transporting or dist ributing electricity pursuant to Lov om bygging og 
drift av elektriske anlegg (LOV 1969-06-19), L ov om erverv av vannfall, bergverk og annen 
fast eiendom m.v., Kap. I, jf. kap. V (LOV 19- 17-24 16, kap. I), or Vassdragsreguleringsloven 
(LOV 1917-12-14 17) or Ener giloven (LOV 1990-06-29 50). 
 
2. Urban transport : 
 
 Public entities which have as one of their activities the operation of networks providing a 
service to the public in the field of transport by automated systems, urban railway, tramway, 
trolley bus, bus or cable according to Lov om anlegg og drift av jernbane, herunder sporvei, 
tunellbane og forstadsbane m.m. (LOV 1993-06- 11 100), or Lov om samferdsel (LOV 1976-06-
04  63) or Lov om anlegg av taugbaner  og løipestrenger (LOV 1912-06-14  1). 
 
3. Airports : 
 
 Public entities providing airpor t facilities pursuant to Lov om luftfart (LOV 1960-12-16 1). 
 
 Luftfartsverket      National Civil Aviation Administration 
 4. Ports : 
 
 Public entities operating pursuant to  Havneloven (LOV 1984-06-08 51).  
 
5. Water supply :** 
 
 Public entities producing or distributing wate r pursuant to Forskrift om Drikkevann og 
Vannforsyning (FOR 1951 - 09-28). 
 
 NB: The EC requests Norway to complete and prov ide an indicative list of entities operating in the 
utilities sectors (as defined above). 
 
Notes to Annex 3  
 
* This Agreement shall not appl y to service contracts which: 
 
 (a) a contracting entity awards to an affiliated undertaking; 
  (b) are awarded by a joint venture formed by  a number of contract ing entities for the 
purpose of carrying out a relevant activity with in the meaning of paragraphs 1-5 of this 
Annex to one of those contrac ting entities or to an underta king which is affiliated with 
one of these contracting entities; GPA/O/EEC/1 
Page 102  
 
  provided that at least 80 per cent of the averag e turnover of that undertaking with respect to 
services arising within the EEA for the three pr eceding years derives from the provision of such 
services to undertakings with wh ich it is affiliated.  When more  than one undertaking affiliated 
with the contracting entity provides the same se rvice or similar services, the total turnover 
deriving from the provision of services by thos e undertakings shall be taken into account. 
 ** The supply of drinking water and electricity to networks which provide a service to the public 
by a contracting entity other than a public authorit y shall not be considered  as a relevant activity 
within the meaning of paragrap hs 1 and 5 of Annex 3 where: 
 
 - the production of drinking water or electr icity by the entity concerned takes place 
because its consumption is necessary for carry ing out an activity other than that referred 
to in paragraphs 1 and 5 of this Annex, and 
 
 - supply to the public network depends only on the entity's own consumption and has not 
exceeded 30 per cent of the entity's total pr oduction of drinking water or energy, having 
regard to the average for the preceding three years, including the current year. 
 *** Contracts awarded for the pursuit of an ac tivity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. 
 
    
 
     
 
     GPA/O/EEC/1 
 Page 103 
 
 
ANNEX 4  
 
Services 
 
  
 The EC requests Norway to complete its list of services, unless already o ffered, on the basis of 
the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
 GPA/O/EEC/1 
Page 104  
 
ANNEX 5  
 
Construction Services 
 
 
 
Definition : 
  A construction service 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 (CPC). 
  List of Division 51, CPC : 
 
 All public works/construction services of Division 51. 
     
 
    
 
     
 
    
 
     
 
    
 
   GPA/O/EEC/1 
 Page 105 
 
 
GENERAL NOTES 
 
  4. Contracts awarded by entities in  Annexes 1 and 2 in connection wi th activities in the fields of 
drinking water, energy, transport or telecommunications, are not included. 
 
5. With regard to Annex 3, this Agreement shall not apply to the following contracts:  
  - contracts which the contra cting entities under paragraph 5 award for the purchase of 
water; 
  - contracts which the contra cting entities under paragraph 1 award for the supply of 
energy or of fuels for the production of energy; 
 
 - contracts which the contracting entities award 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; 
  - contracts awarded for purposes  of re-sale or hire to thir d parties provided that the 
contracting entity enjoys no special or exclusive right to sell or hire the subject of such 
contracts and that other entities  are free to sell or hire it under the same conditions as 
the contracting entity; 
  - contracting entities exercising activities in the bus transportation sector where other 
entities are free  to offer the same services in th e same geographical area and under sub-
stantially the same conditions.  
 6. With regard to Annex 4, this Agreement shall not apply to the following:   - contracts for the acquisition or rental, by whatever financial means, of land, existing 
buildings, or other immovable prope rty or concerning rights thereon; 
 
 - contracts for the acquisitio n, development, production or co-production of programme 
material by broadcasters and contracts for broadcasting time; 
  - contracts awarded to an entity which is itself a contracting authority within the meaning 
of the Public Procurement Act: "Lov om offe ntlige anskaffelser m.v."  (LOV  1992-11-
27 116) on the basis of an exclusive right wh ich it enjoys pursuant to a published law, 
regulation or administrative provision; 
  - contracts of employment.  
7. The Agreement shall not appl y to contracts awarded under: 
  - an international agreement and intended fo r the joint implementation or exploitation of 
a project by the signatory States; 
 
 - an international agreement re lating to the stationing of troops; 
  - the particular procedure of an international organization. 
 8. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes. GPA/O/EEC/1 
Page 106  
 
 9. The thresholds in the Annexes will be applie d so as to conform to the public procurement 
thresholds of the EEA agreement.       
 10. This Agreement does not apply to procurement s ubject to secrecy or other particular restrictions 
with regard to the safety of the realm. 
 11. When a specific procurement may impair im portant national policy objectives, the Norwegian 
Government may consider it necessary in si ngular procurement case s to deviate from the 
principle of national treatment in the Agreement.  A decision to this effect will be taken at the 
Norwegian Cabinet level. 
 12. Norway reserves its position with regard to th e application of this Agreement to Svalbard, Jan 
Mayen Island and Norways Antarctic possessions. 
 
Defence Entities : 
 Procurement by defence entities (marked with an "*" in Annex 1) covers the following: 
 Chapter 25: Salt; sulphur; earths and ston e; plastering materi als, lime and cement 
Chapter 26: Metallic ores, slag and ash 
Chapter 27: Mineral fuels, mineral oils and product s of their distillation; bituminous substances;  
mineral waxes 
   e x c e p t :     ex 27.10  special engine fuels Chapter 28: Inorganic chemicals; organic and inorganic compounds of precious metals, of rare earth 
metals, of radio-active el ements and of isotopes  
   e x c e p t :     ex 28.09   explosives    ex 28.13   explosives    ex 28.14   tear gas    ex 28.28   explosives 
   ex 28.32   explosives 
   ex 28.39   explosives    ex 28.50   toxic products    ex 28.51   toxic products    ex 28.54   explosives 
Chapter 29: Organic chemicals  
   e x c e p t :     ex 29.03   explosives    ex 29.04   explosives    ex 29.07   explosives    ex 29.08   explosives 
   ex 29.11   explosives 
   ex 29.12   explosives    ex 29.13   toxic products    ex 29.14   toxic products    ex 29.15   toxic products 
   ex 29.21   toxic products 
   ex 29.22   toxic products    ex 29.23   toxic products    ex 29.26   explosives    ex 29.27   toxic products 
   ex 29.29   explosives  GPA/O/EEC/1 
 Page 107 
 
 
Chapter 30: Pharmaceutical products Chapter 31: Fertilizers Chapter 32: Tanning and dyeing extracts; tannins an d their derivatives; dyes, colours, paints and 
varnishes, putty, fillers and stoppings, inks 
Chapter 33: Essential oils a nd resinoids; perfumery, cosmet ics and toilet preparations  
Chapter 34: Soap, organic surface-active ag ents, washing preparations, lubricating  
  preparations, artificial waxes, prepared  waxes, polishing and scouring preparations, 
candles and similar articles, mode lling pastes and "dental waxes" 
Chapter 35: Albuminoidal substances; glues; enzymes Chapter 37: Photographic and cinematographic goods 
Chapter 38: Miscellaneous chemical products 
   e x c e p t :     ex 38.19   toxic products Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers, articles thereof    e x c e p t :  
   ex 39.03   explosives 
Chapter 40: Rubber, synthetic rubber , factice, and articles thereof  
   e x c e p t :     ex 40.11   bullet-proof tyres Chapter 41: Raw hides and skins (other than furskins) and leather Chapter 42: Articles of leather; saddlery and ha rness; travel goods, handbags  and similar containers; 
articles of animal gut (other than silk-worm gut) 
Chapter 43: Furskins and artificial fur; manufactures thereof Chapter 44: Wood and articles  of wood; wood charcoal 
Chapter 45: Cork and articles of cork Chapter 46: Manufactures of stra w of esparto and of other pla iting materials; basketware and 
wickerwork  
Chapter 47: Paper- making material 
Chapter 48: Paper and paperboard; articles of  paper pulp, of paper or of paperboard 
Chapter 49: Printed books, newspapers, pictures and other products of the printing industry;  
manuscripts, typescripts and plans 
Chapter 65: Headgear and parts thereof 
Chapter 66: Umbrellas, sunshades, walking-stic ks, whips, riding-crops and parts thereof  
Chapter 67: Prepared feathers and down and articles ma de of feathers or of dow n; artificial flowers; 
articles of human hair 
Chapter 68: Articles of stone, of plaster, of cemen t, of asbestos, of mica and of similar materials 
Chapter 69: Ceramic products 
Chapter 70: Glas s and glassware 
Chapter 71: Pearls, precious and se mi-precious stones, precious metals , rolled precious metals,  and 
articles thereof; imitation jewellery 
Chapter 73: Iron and steel and articles thereof  
Chapter 74: Copper a nd articles thereof 
Chapter 75: Nickel and articles thereof 
Chapter 76: Aluminium and articles thereof 
Chapter 77: Magnesium and beryllium and articles thereof Chapter 78: Lead and articles thereof Chapter 79: Zinc and articles thereof Chapter 80: Tin and articles thereof 
Chapter 81: Other base metals employed  in metallurgy and articles thereof 
Chapter 82: Tools, implements , cutlery, spoons and forks, of base metal; parts thereof 
   e x c e p t :     ex 82.05   tools    ex 82.07   tools, parts 
Chapter 83: Miscellaneous articles of base metal GPA/O/EEC/1 
Page 108  
 
Chapter 84: Boilers, machinery and mechanical appliances; parts thereof    e x c e p t :     ex 84.06   engines    ex 84.08   other engines    ex 84.45   machinery 
   ex 84.53   automatic data-processing machines 
   ex 84.55   parts of machines under heading 84.53    ex 84.59   nuclear reactors Chapter 85: Electrical machinery and equipment;  parts thereof 
   e x c e p t :  
   ex 85.13   telecommunication equipment 
   ex 85.15   transmission apparatus Chapter 86: Railway and tramway locomo tives, rolling-stock and parts thereof 
   e x c e p t :     ex 86.02   armoured locomotives, electric 
   ex 86.03   other armoured locomotives 
   ex 86.05   armoured wagons    ex 86.06   repair wagons    ex 86.07   wagons Chapter 87: Vehicles, other than railway or  tramway rolling-stock, and parts thereof 
   e x c e p t :  
   ex 87.01   tractors 
   ex 87.02   military vehicles    ex 87.03   breakdown lorries    ex 87.08   tanks and other armoured vehicles    ex 87.09   motorcycles 
   ex 87.14   trailers 
Chapter 89: Ships, boats and floating structures 
   e x c e p t :     ex 89.01A  warships Chapter 90: Optical, photogr aphic, cinematographic,  measuring, checking, precision, medical and 
surgical instruments and apparatus; parts thereof 
   e x c e p t :  
   ex 90.05   binoculars    ex 90.13   miscellaneous instruments, lasers    ex 90.14   telemeters    ex 90.28   electrical and electronic measuring instruments 
   ex 90.11   microscopes 
   ex 90.17   medical instruments    ex 90.18   mechano-therapy appliances    ex 90.19   orthopaedic appliances    ex 90.20   X-ray apparatus Chapter 91: Clocks and watches and parts thereof 
Chapter 92: Musical instruments;  sound recorders or reproducers;  television image and sound 
recorders or reproducers; parts a nd accessories of such articles 
Chapter 94: Furniture and parts thereof; bedding,  mattresses, mattress supports, cushions and 
similar stuffed furnishings 
   e x c e p t :  
   ex 94.01A  aircraft seats 
Chapter 95: Articles and manufactures of carving or moulding material 
Chapter 96: Brooms, brushes,  powder-puffs and sieves 
Chapter 98: Miscellaneou s manufactured articles 
  GPA/O/EEC/1 
 Page 109 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Norway offers BOT/works c oncessions.  The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
 B. Thresholds 
 
Current thresholds. 
 
 GPA/O/EEC/1 
Page 110  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO SINGAPORE 
 
  
Appendix I 
ANNEX 1 
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
 
 
Goods   Threshold:  SDR 130,000 
 
Services  (specified in Annex 4)  Threshold:  SDR 130,000 
 
Construction  (specified in Annex 5)  Threshold:  SDR 5,000,000 
 
 
A/ All central government entities, including: 
 Auditor-General's Office 
Attorney-General's Office Cabinet Office Istana Judicature 
Ministry of Transport 
Ministry of Community Development and Sports Ministry of Education Ministry of Environment Ministry of Finance Ministry of Foreign Affairs 
Ministry of Health 
Ministry of Home Affairs Ministry of Information, Communications and the Arts 
Ministry of Manpower Ministry of Law 
Ministry of National Development 
Ministry of Trade and Industry Parliament Presidential Councils Prime Minister's Office Public Service Commission 
Ministry of Defence 
 B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level 
 
This Agreement will generally apply to purchases by the Singapore Ministry of Defence of the 
following FSC categories (others being excluded) subject to the Government of Singapore's 
determinations under the provision of Article XXIII, paragraph 1. 
  GPA/O/EEC/1 
 Page 111 
 
 
FSC Description  
 
22 Railway Equipment 23 Ground Effect Vehicles, Motor Ve hicles, Trailers and Cycles 
24 Tractors 
25 Vehicular Equipment Components 
26 Tires and Tubes 29 Engine Accessories 30 Mechanical Power Transmission Equipment 31 Bearings 
32 Woodworking Machinery and Equipment 
34 Metalworking Machinery 35 Service and Trade Equipment 36 Special Industry Machinery 37 Agricultural Machinery and Equipment 
38 Construction, Mining, Excavating and Highway Maintenance Equipment 
39 Materials Handling Equipment 40 Rope, Cable, Chain and Fittings 41 Refrigeration, Air Conditioning and Air Circulating Equipment 42 Fire Fighting, Rescue and Safety Equipment 43 Pumps and Compressors 
44 Furnace, Steam Plant and Drying Equipment 
45 Plumbing, Heating a nd Sanitation Equipment 
46 Water Purification and Se wage Treatment Equipment 
47 Pipe, Tubing, Hose and Fittings 48 Valves 
51 Handtools 
52 Measuring Tools 53 Hardware and Abrasives 54 Prefabricated Structures and Scaffolding 55 Lumber, Millwork, Plywood and Veneer 56 Construction and Building Materials 
61 Electric Wire, and Power and Distribution Equipment 
62 Lighting, Fixtures and Lamps 63 Alarm, Signal and Secu rity Detection Systems 
65 Medical, Dental and Veterinary Equi pment and Supplies 
67 Photographic Equipment 
68 Chemicals and Chemical Products 
69 Training Aids and Devices 70 General Purpose Automatic Data Processing Equipment, Software, Supplies and Support 
 Equipment 71 Furniture 72 Household and Commercial Furnishings and Appliances 
73 Food Preparation and Serving Equipment 
74 Office Machines, Text Processing Systems and Visible Record Equipment 75 Office Supplie s and Devices 
76 Books, Maps and ot her Publications 
77 Musical Instruments, Phonogr aphs and Home-Type Radios 
78 Recreational and Athletic Equipment 
79 Cleaning Equipment and Supplies 80 Brushes, Paints, Sealers and Adhesives 81 Containers, Packaging and Packing Supplies 83 Textiles, Leather, Fu rs, Apparel and Shoe Findings, Tents and Flags 
84 Clothing, Individual Equipment, and Insignia GPA/O/EEC/1 
Page 112  
 
85 Toiletries 87 Agricultural Supplies 88 Live Animals 89 Subsistence 91 Fuels, Lubricants, Oils and Waxes 
93 Non-metallic Fabr icated Materials 
94 Non-metallic Crude Materials 95 Metal Bars, Sheets and Shapes 96 Ores, Minerals, and their Primary Products 
99 Miscellaneous 
 
 
Notes to Annex 1:  
 
1. The Agreement shall not apply to any procurement in respect of: 
 
 (a) construction contracts for chanceries ab road and headquarters buildings made by the 
Ministry of Foreign Affairs;  and 
  (b) contracts made by the Internal Secu rity Department, Criminal Investigation 
Department, Security Branch and Central Na rcotics Bureau of the Ministry of Home 
Affairs as well as procurement that have se curity considerations made by the Ministry. 
 2. The Agreement shall not apply to any procuremen t made by a covered entity on behalf of a non-
covered entity. 
 
  GPA/O/EEC/1 
 Page 113 
 
 
ANNEX 2 
 
Sub-Central Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement1 
  
Non-applicable for Singapore (Singapore does not have any Sub-central Governments)*. 
 
A/ All sub central government en tities including those operating at th e local, regional or municipal 
level 
 
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local governme nt and which are engage d in non-commercial or 
non-industrial activities 
 
 * The EC would like to clarify this matter during the further course of negotiations with Singapore. 
 
  
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
 GPA/O/EEC/1 
Page 114  
 
ANNEX 3 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
  
 Goods   Threshold:  SDR 400,000 
 
Services  (specified in Annex 4)  Threshold:  SDR 400,000 
 
Construction  (specified in Annex 5)  Threshold:  SDR 5,000,000 
 
 A/ All Annex 1 entities which exercise one or more of the activities referred to below and in respect 
of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
 
 (a) 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 
 
 (b) The supply of electricity to such networks. 
 
3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. The exploration for or extraction of oil, coal or other solid fuels. 
  GPA/O/EEC/1 
 Page 115 
 
 
9. Postal services consisting of the clearance, so rting, routing and delivery of postal items.  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
 Agency for Science, Technology and Research* 
Board of Architects* 
Civil Aviation Authority of Singapore Building and Construction Authority* 
Economic Development Board* 
Housing and Development Board* Info–communications Development Authority of Singapore* 
Inland Revenue Authority of Singapore* 
International Enterprise Singapore* 
Land Transport Authority of Singapore Jurong Town Corporation* 
Maritime and Port Au thority of Singapore 
Monetary Authority of Singapore* 
Nanyang Technological University* 
National Parks Board* 
National University of Singapore* 
Preservation of Monuments Board* 
Professional Engineers Board* 
Public Transport Council Sentosa Development Corporation* 
Singapore Broadcasting Authority* 
Singapore Tourism Board* 
Standards, Productivity and Innovation Board* 
Urban Redevelopment Authority* 
 N.B:  Apart from entities operating in the utilities sect ors (as defined above), the EC deems several of 
the entities listed to be misplaced in Annex 3.  Accordingly, those entities should be located in 
Annex 1.  Listed entities followed by * are examples  of such misplaced entiti es.  As for entities which 
do not fall within the definitions of those Annexes,  but operate in the sectors described above, the EC 
agrees for them to remain in Annex 3 subject to  further negotiation.  Finally, the EC requests 
Singapore to complete and add to its list entities ope rating in the utilities sectors (as defined above).   
 
 
Note to Annex 3:  
 
1. The Agreement shall not apply to any procuremen t made by a covered entity on behalf of a non-
covered entity. 
 
Note to Annex 3 
 
Contracts awarded for the pursuit of an activity lis ted above when exposed to competitive forces in 
the market concerned are not covered by this Agreement.  
 GPA/O/EEC/1 
Page 116  
 
ANNEX 4  
 
Services 
  
 
 The EC requests Singapore to co mplete its list of services, unl ess already offere d, on the basis 
of the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connecti on with the issue, sale, purchase or transfer of 
securities or other financial instruments, and central bank services.  
** except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
  GPA/O/EEC/1 
 Page 117 
 
 
ANNEX 5 
 
Construction Services 
 
 
 The following construction services in the sense of Division 51 of the Central Product 
Classification as cont ained in document MTN.GNS/W/120 are offered (others being excluded): 
 
 Threshold:  SDR 5,000,000 for entities as set out in Annex 1 
  SDR 5,000,000 for entities as set out in Annex 3 
 
 
List of constructi on services offered:  
 
CPC Description 
 
512  General construction work for buildings 
513  General construction work for civil engineering 
514, 516 Installation and assembly work 
517  Building completion and finishing work 
511, 515, 518 Others 
 
 Definition : 
 
 A construction service 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 (CPC). 
 
 List of Division 51, CPC : 
 
 All public works/construction services of Division 51. 
 
  Notes to Annex 5:  
 
1. The offer regarding construction services is subject to the limita tions and conditions specified in 
the Government of Singapore's of fer under the GA TS negotiations. 
 2. The Agreement shall not apply to any procuremen t made by a covered entity on behalf of a non-
covered entity. 
 
   
 
    GPA/O/EEC/1 
Page 118  
 
GENERAL NOTES 
 
   Taking into account the concerns expressed by GPA Members, Singapore will review its 
current compulsory registration system with th e view to removing any unintended effects of 
discrimination and of limited tende ring in its open tender system that  the existing registration system 
may have on GPA Members within a period of three years after its accession. 
   GPA/O/EEC/1 
 Page 119 
 
 
Market access issues 
 A. Works concessions 
 
The EC requests that Singapore offers BOT/works c oncessions.  The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
 B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that Singapore adopts the following 
thresholds: 
 - For Annex 2 entities where the value of their procurement equals or exceeds: 
 SDR 200,000 for contracts for supply of goods and services  
 SDR 5,000,000 for contracts for construction services. GPA/O/EEC/1 
Page 120  
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO SWITZERLAND 
 
  
Appendix 1 
ANNEX 1 
 
Entités du gouvernement fédéra l qui passent des marchés 
conformément aux dispos itions du présent accord  
 
Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement 
 
  
Fournitures  Valeur de seuil:  130,000 DTS 
 
Services  (spécifiés à l’Annexe 4)  Valeur de seuil: 130,000 DTS  
 
Services de construction  (spécifiés à l’Annexe 5)  Valeur de seuil:  5,000, 000 DTS 
 
Liste des entités couvrant tous les Départements fédéraux suisses : 
 
A/ All central government entities, including:  
 1. Chancellerie fédérale (CF): 
  Chancellerie fédérale  Bibliothèque centrale du Parlement et de l'Administration fédérale 
 Préposé fédéral à la protection des données 
 Services du Parlement 
 
2. Département fédéral des affaires étrangères (DFAE): 
 
 Secrétariat général du Département fédéral des affaires étrangères 
 Direction du développement  et de la coopération 
 Direction du droit international public  Direction politique 
 Secrétariat d'État du Département fédéral des affaires étrangères 
 
3. Département fédéral de l’intérieur (DFI): 
 
 Secrétariat général du Département fédéral de l'intérieur 
 Archives fédérales 
 Bureau fédéral de l'égalité entre femmes et hommes  Conseil des écoles polytechniques fédérales  Écoles polytechniques fédérales et établissements annexes  Groupement de la science et de la recherche 
 Institut fédéral de recherches sur la forêt, la neige et le paysage 
 Institut fédéral pour l'aménagement, l'épuration et la protection des eaux 
 Institut Paul Scherrer  Institut suisse de météorologie  Laboratoire fédéral d'essai des matériaux et de recherches   GPA/O/EEC/1 
 Page 121 
 
 
 Office fédéral de l'assurance militaire1 
 Office fédéral de l'éducation et de la science 
 Office fédéral de la culture  Office fédéral de la santé publique 
 Office fédéral de la statistique 
 Office fédéral des assurances sociales 
 
4. Département fédéral de la justice et police (DFJP): 
 
 Secrétariat général du Département fédéral de la justice et police 
 Institut suisse de droit comparé 
 Institut suisse de la propriété intellectuelle  Ministère public de la Confédération 
 Office fédéral de la justice 
 Office fédéral de la police  Office fédéral de l'aménagement du territoire 
 Office fédéral de métrologie 
 Office fédéral des assurances privées 
 Office fédéral des étrangers 
 Office fédéral des réfugiés  
5. Département fédéral de la dé fense, de la protection de la population et des sports (DDPS): 
 
 Secrétariat général du Département fédéral de la  défense, de la protection de la population et 
des sports1 
 Administration centrale du groupement de l'armement1 
 Commandement des écoles d'état-major et de commandants1 
 Commandement du Corps des gardes fortification1 
 État-Major de l'instruction opérative1 
 État-Major général1 
 Groupe de l'état-major général1 
 Groupe de la logistique de l'état-major général1 
 Groupe de la promotion de la paix et  de la coopération en matière de sécurité1 
 Groupe de la Direction de l'instruction des forces terrestres1 
 Groupe de la planificati on de l'état-major général1 
 Groupe de l'aide au commande ment de l'état-major général1 
 Groupe des affaires sanitaires de l'état-major général1 
 Groupe des opérations de l'état-major général1 
 Groupe des opérations des forces aériennes1 
 Groupe du personnel de l'arm ée de l'état-major général1 
 Groupe du personnel enseignant des forces terrestres1 
 Groupe des renseignements de l'état-major général1 
 Office de l'auditeur en chef1 
 Office des exploitations des forces terrestres1 
 Office fédéral de la protection civile1 
 Office fédéral de la topographie 
 Office fédéral de l'instruction des forces aériennes1 
 Office fédéral des armes de combat1 
 Office fédéral des armes et des services d'appui1 
 Office fédéral des armes et des services de la logistique1 
                                                      
1 Pour les marchés passés par les offices du Départ ement militaire fédéral mentionnés, voir liste des 
matériels civils de la défense et de la protection civile en  annexe.  (Il en est de même  de l'Administration fédérale 
des douanes en ce qui concerne l'équipement  des gardes frontière et des douaniers.) 
 GPA/O/EEC/1 
Page 122  
 
 Office fédéral des exploitations des forces aériennes
1 
 Office fédéral des systèmes d'armes des forces aériennes et des systèmes de commandement1 
 Office fédéral des systèmes d'armes et des munitions1 
 Office fédéral du matériel d'armée et des constructions1 
 Office fédéral du sport 
 Services centraux de l'état-major général1 
 Services centraux des forces aériennes1 
 Services centraux des forces terrestres1 
 
6. Département fédéral des finances (DFF): 
 
 Secrétariat général du Département fédéral des finances 
 Administration fédérale des contributions 
 Administration fédérale des douanes1 
 Administration fédérale des finances  Caisse fédérale d'assurance  Commission fédérale des banques  Contrôle fédéral des finances 
 Monnaie officielle de la Confédération suisse 
 Office fédéral de l'informatique 
 Office fédéral des constructi ons et de la logistique 
 Office fédéral du personnel  Régie fédérale des alcools 
 
7. Département fédéral de l'économie (DFE): 
 
 Secrétariat général du Départ ement fédéral de l'économie 
 Commission de la concurrence 
 Office fédéral de l'agriculture 
 Office fédéral de la formation pr ofessionnelle et de la technologie 
 Office fédéral du logement 
 Office fédéral pour l'approvis ionnement économique du pays 
 Office vétérinaire fédéral 
 Secrétariat d'État à l'économie 
 Surveillance des prix 
 
8. Département fédéral de l'environnement, des transports, de l'énergie et de la communication 
(DETEC): 
 
Secrétariat général du Département fédéral de l' environnement, des transports, de l'énergie et 
de la communication 
 Commission fédérale de la communication 
 La Poste2 
 Office fédéral de la communication 
 Office fédéral de l'aviation civile  Office fédéral de l'économie des eaux 
 Office fédéral de l'énergie 
 Office fédéral de l'environnem ent, des forêts et du paysage 
 Office fédéral des routes 
                                                      
1 Pour les marchés passés par les offices du Département militaire fédéral mentionnés, voir liste des 
matériels civils de la défense et de la protection civile en annexe.  (Il en est de même de l'Administration 
fédérale des douanes en ce qui concerne l'équipement des gardes frontière et des douaniers.) 
 
2 Pour autant que l’entité ne soit pas en concurrenc e avec des entreprises auxquelles le présent accord 
n'est pas applicable.  GPA/O/EEC/1 
 Page 123 
 
 
 Office fédéral des transports 
 
B/ All other central public entities, including subord inated entities of central government whether at 
central or regional level 
 
Note relative à l'annexe 1 
 
 Le présent accord ne s'applique pas aux marchés passés par des entités énumérées dans cette 
annexe et portant sur des activités dans les secteurs de  l'eau potable, de l'énergie, des transports ou des 
télécommunications.  
 
 Liste des matériels civils de la défense et de la protection civile soumis à l’accord  
 
 
Chapitre 25 :  Sel; soufre; terres et pierres; plâtres; chaux et ciments 
 Chapitre 26 :  Minerais métallurgiques, scories et cendres  
 
Chapitre 27 :  Combustibles minéraux, huiles minéra les et produits de leur distillation; 
matières bitumineuses; cires minérales 
 
Chapitre 28 :  Produits chimiques inorganiques; composés inorganiques ou organiques de 
métaux précieux, d’éléments radioactifs, de métaux des terres rares et 
d’isotopes 
 
   à l’exception de : 
 
   ex 28.09 : explosifs 
   ex 28.13 : explosifs    ex 28.14 : gaz lacrymogènes 
   ex 28.28 : explosifs 
   ex 28.32 : explosifs 
   ex 28.39 : explosifs 
   ex 28.50 : produits toxicologiques    ex 28.51 : produits toxicologiques 
   ex 28.54 : explosifs 
 
Chapitre 29 :   Produits chimiques organiques  
    à l’exception de : 
 
   ex 29.03 : explosifs 
   ex 29.04 : explosifs 
   ex 29.07 : explosifs    ex 29.08 : explosifs 
   ex 29.11 : explosifs 
   ex 29.12 : explosifs 
   ex 29.13 : produits toxicologiques 
   ex 29.14 : produits toxicologiques    ex 29.15 : produits toxicologiques 
   ex 29.21 : produits toxicologiques 
   ex 29.22 : produits toxicologiques 
   ex 29.23 : produits toxicologiques 
   ex 29.26 : explosifs    ex 29.27 : produits toxicologiques 
   ex 29.29 : explosifs GPA/O/EEC/1 
Page 124  
 
 
Chapitre 30 :   Produits pharmaceutiques  
 Chapitre 31 :   Engrais 
 
Chapitre 32 :   Extraits tannants ou tinctoriaux; tanins  et leurs dérivés; matières colorantes, 
couleurs, peintures, vernis et teintures, mastics, encres 
 Chapitre 33 :   Huiles essentielles et résinoïdes;  produits de parfumerie ou de toilette et 
cosmétiques 
 
Chapitre 34 :   Savons, produits organiques tensio -actifs, préparations pour lessives, 
préparations lubrifiantes, cires artificielles, cires préparées, produits d’entretien, bougies et articles similaires , pâtes à modeler et "cires pour l’art 
dentaire" 
 
Chapitre 35 :   Matières albuminoïdes; colles, enzymes  
 Chapitre 36 :   Poudres et explosifs; articles de pyrotechnie;  allumettes; alliages 
pyrophoriques; matières inflammables 
 
   à l’exception de : 
    ex 36.01 : poudres 
   ex 36.02 : explosifs préparés 
   ex 36.04 : détonateurs 
   ex 36.08 : explosifs 
 Chapitre 37 :   Produits photographiques et cinématographiques  
 
Chapitre 38 :   Produits divers des industries chimiques  
  
   à l’exception de : 
 
   ex 38.19 : produits toxicologiques 
 
Chapitre 39 :   Matières plastiques artificielles, éthers et esters de la cellulose, résines 
artificielles et ouvrages en ces matières 
 
   à l’exception de : 
 
   ex 39.03 : explosifs 
 Chapitre 40 :   Caoutchouc naturel ou synthétique, factice pour caoutchouc et ouvrages en 
caoutchouc 
 
   à l’exception de : 
    ex 40.11 : pneus 
 
Chapitre 43 :   Pelleteries et fourrures, pelleteries factices  
 
Chapitre 44:   Bois, charbon de bois et ouvrages en bois 
 
Chapitre 45:    Liège et ouvrages en liège 
 
Chapitre 46:    Ouvrages de sparterie et de vannerie   GPA/O/EEC/1 
 Page 125 
 
 
 
Chapitre 47 :   Matières servant à la fabrication du papier  
 Chapitre 48:   Papiers et cartons;  ouvrages en pâte de cellulose, en papier et en carton 
 
Chapitre 49:   Articles de librairie et produits des arts graphiques 
 
Chapitre 65 :   Coiffures et parties de coiffures  
 
Chapitre 66 :   Parapluies, parasols, cannes, fouets, cravaches et leurs parties 
 
Chapitre 67 :   Plumes et duvet apprêtés et articles en  plumes ou en duvet; fleurs artificielles; 
ouvrages en cheveux 
 
Chapitre 68 :   Ouvrages en pierres, plâtre, ciment, amiante, mica et matières analogues 
 
Chapitre 69 :   Produits céramiques  
 Chapitre 70 :   Verre et ouvrages en verre  
 
Chapitre 71 :   Perles fines, pierres gemmes et similaires, métaux précieux, plaqués ou 
doublés de métaux précieux  et ouvrages en ces matières; bijouterie de 
fantaisie 
 
Chapitre 73 :   Fonte, fer et acier  
 
Chapitre 74 :   Cuivre  
 Chapitre 75 :   Nickel  
 
Chapitre 76 :   Aluminium  
 
Chapitre 77 :   Magnésium, beryllium (glucinium)  
 
Chapitre 78 :   Plomb  
 
Chapitre 79 :   Zinc  
 Chapitre 80 :   Etain  
 
Chapitre 81 :   Autres métaux communs  
 
Chapitre 82 :   Outillage; articles de coutellerie et  couverts de table, en métaux communs 
 
Chapitre 83 :   Ouvrages divers en métaux communs  
 
Chapitre 84 :   Chaudières, machines, appareils et engins mécaniques 
 Chapitre 85:    Machines et appareils électriqu es et objets servant à des usages 
électrotechniques 
 
   à l’exception de : 
    ex 85.03 : Piles électriques 
   ex 85.13 : Télécommunications 
   ex 85.15 : Appareils de transmission 
 GPA/O/EEC/1 
Page 126  
 
Chapitre 86 :   Véhicules et matériaux pour voies ferrées;  appareils de signalisation non 
électriques pour voies de communication 
    à l’exception de : 
 
   ex 86.02 : Locomotives blindées 
   ex 86.03 : autres locoblindées 
    ex 86.05 : Wagons blindés 
   ex 86.06 : Wagons ateliers 
   ex 86.07 : Wagons 
 
Chapitre 87 :   Voitures automobiles, tracteurs, cycles et autres véhicules terrestres 
 
   à l’exception de : 
 
   87.08 : Cars et automobiles blindés 
   ex 87.02 : Camions lourds    ex 87.09 : Motocycles 
   ex 87.14 : Remorques 
 
Chapitre 88 :   Navigation aérienne  
    à l’exception de : 
 
   ex 88.02 : Avions 
 
Chapitre 89 :   Navigation maritime et fluviale  
 
Chapitre 90 :   Instruments et appareils d’optique, de  photographie et de cinématographie, de 
mesure, de vérification, de préci sion;  instruments et appareils 
médico-chirurgicaux 
    à l’exception de : 
 
   ex 90.05 : Jumelles 
   ex 90.13 : Instruments divers, lasers 
   ex 90.14 : Télémètres    ex 90.28 : Instruments de mesure électriques ou électroniques 
 
Chapitre 91 :   Horlogerie  
 
Chapitre 92 :   Instruments de musique; appareils d’enregistrement ou de reproduction du 
son; appareils d’enregistrement ou de  reproduction des images et du son en 
télévision; parties et accessoires de ces instruments et appareils 
 Chapitre 93:    Armes et munitions  
   à l’exception de : 
 
   ex 93.01 : Armes blanches    ex 93.02 : Pistolets    ex 93.03 : Armes de guerre 
   ex 93.04 : Armes à feu 
   ex 93.05 : Autres armes    ex 93.07 : Projectiles et munitions 
 
Chapitre 94:   Meubles;  mobilier médico-chirurgical;  articles de literie et similaires   GPA/O/EEC/1 
 Page 127 
 
 
 
Chapitre 95 :  Matières à tailler et à mouler, à l’ état travaillé (y compris les ouvrages) 
 Chapitre 96 :   Ouvrages de brosserie et pinceaux, balais, houppes et articles de tamiserie 
 
Chapitre 98 :   Ouvrages divers 
 
 
 
 
 
  
 
 
 
  GPA/O/EEC/1 
Page 128  
 
ANNEX 2 
 
Entités des gouvernements sous-centraux1 qui passent des marchés 
conformément aux dispos itions du présent accord  
 
Sub-Central Government Entities which Procure in Accordance 
with the Provisions of the Agreement2 
 
 
 
Fournitures  Valeur de seuil:  200 000 DTS 
 
Services  (spécifiés à l’Annexe 4)  Valeur de seuil:  200 000 DTS 
 
Services de construction  (spécifiés à l’Annexe 5)  Valeur de seuil:  5 000 000 DTS 
 
A/ All sub-central government entities, including th ose operating at the local, regional or municipal 
level, including: 
 
Liste des entités3  
 
1. Les autorités publiques cantonales 
 2. Les organismes de droit public établis au niveau cantonal n’ayant pas un caractère 
commercial ou industriel  
 
2. Les autorités et organismes publics du  niveau des districts et des communes  
 
 Liste des cantons suisses :  
 Appenzell (Rhodes Intérieures/Extérieures) 
 
Argovie  Bâle (Ville/Campagne)  
Berne 
 Fribourg  Glaris  
Genève 
 Grisons 
                                                      
1C’est-à-dire les gouvernements cantonaux selon la terminologie suisse 
2 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. 
3Pour autant que les cantons passent des marchés de produits de défense dans le cadre d’une délégation de 
compétence du Département militaire fédéral: voir liste des ma tériels civils de la défense et de la protection civile 
en annexe.   GPA/O/EEC/1 
 Page 129 
 
 
 Jura  Neuchâtel  
Lucerne 
 Schaffhouse  Schwyz 
 
Soleure  St Gall  
Tessin 
 Thurgovie  Vaud  
Valais 
 Unterwald (Nidwald/Obwald)  Uri 
 
Zoug  Zurich   
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government  and which are engaged in non-commercial or non 
industrial activities 
 
Note relative à l’Annexe 2  
 
Le présent accord ne s’applique pa s aux marchés passés par des entités mentionnées dans cette annexe et 
portant sur des activités dans les secteurs de l’ eau potable, de l’énergie,  des transports ou des 
télécommunications. 
 
 
 
    
 GPA/O/EEC/1 
Page 130  
 
ANNEX 3 
 
Toutes les autres entités qui passent des marchés conformément 
aux dispositions du présent accord 
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
 
  
Fournitures  Valeur de seuil:  400 000 DTS  
 
Services  (spécifiés à l’Annexe 4)  Valeur de seuil:  400 000 DTS 
 
Services de construction  (spécifiés à l’Annexe 5)  Valeur de seuil:  5 000 000 DTS 
 
Liste des entités : 
 
 Les entités adjudicatrices qui sont des pouvoirs publics 4 ou des entreprises publiques 5 et qui 
exercent au moins une des activités suivantes: 
 
1. la mise à disposition ou l’expl oitation de réseaux fixes destinés  à fournir un service au public 
dans le domaine de la production, du trans port ou de la distribution d’eau potable ou 
l’alimentation de ces réseaux en eau potable (spécifiés sous titre I); 
 
2. la mise à disposition ou l’expl oitation de réseaux fixes destinés  à fournir un service au public 
dans le domaine de la produc tion, du transport ou de la distribution d’électricité ou 
l’alimentation de ces réseaux en électricité (spécifiés sous titre II); 
 
                                                      
     4Pouvoir public: L’Etat, les collectivités territoriales, les organismes de dro it public, les associations formées par 
une ou plusieurs de ces collectivités ou de ces organismes de  droit public. Est considéré comm e un organisme de droit public 
tout organisme: 
 
-  créé pour satisfaire spécifiquement des besoins d’intérêt général ayant un caractère autre qu’industriel ou commercial, 
 
- doté d’une personnalité juridique et 
 
- dont soit l’activité est financée majoritairement par l’Etat, le s collectivités territoriales ou d’autres organismes de droit  
public, soit la gestion est soumise à un contrôle par ces dern iers, soit l’organe d’administration, de direction ou de 
surveillance est composé de membres dont plus de la moitié est désignée par l’Etat, les collectivités territoriales ou 
d’autres organismes de droit public.  
     5Entreprise publique: toute entreprise sur laquelle les pouvoirs publics peuvent exercer directement 
ou indirectement une influence dominante du fait de la propriété, de la participation financière ou des règles qui 
la régissent. L’influence dominante est présumée lorsque les pouvoirs publics, directement ou indirectement, à 
l’égard de l’entreprise: 
 
- détiennent la majorité du cap ital souscrit de l’entreprise ou 
 
- disposent de la majorité des voix atta chées aux parts émises par l’entreprise ou 
 
- peuvent désigner plus de la moité des membres de  l’organe d’administration, de direction ou de 
surveillance de l’entreprise.   GPA/O/EEC/1 
 Page 131 
 
 
3. l’exploitation de réseaux destinés à fournir un service au public dans le domaine du transport 
par chemin de fer urbain, systèmes automatiq ues, tramway,  trolle ybus, autobus ou câble 
(spécifiés sous titre III); 
 
4. l’exploitation d’une aire géogr aphique dans le but de mettre à la disposition des transporteurs 
aériens des aéroports ou d’autres terminaux de  transport (spécifiés sous titre IV); 
 
5. l'exploitation d’une aire géogr aphique dans le but de mettre à la disposition des transporteurs 
fluviaux des ports intérieurs ou d’autre termin aux de transport (spécifiés sous titre V). 
 
I. Production, transport ou distribution d’eau potable 
  Pouvoirs publics ou entreprises publiques de produc tion, de transport et de distribution d’eau 
potable. Ces pouvoirs publics et entrep rises publiques opèrent conforméme nt à la législation cantonale 
ou locale, ou encore par le biais d’accords i ndividuels respectant ladite législation. 
 
II. Production, transport ou distribution d’électricité 
 
 Pouvoirs publics ou entreprises publiques de transpor t et de distribution d’ électricité auxquels le 
droit d’expropriation peut être ac cordé conformément à la "loi fédé rale du 24 juin 1902 concernant les 
installations électriques à fa ible et à fort courant". 
 
 Pouvoirs publics ou entreprises publiques de produ ction d’électricité conformément à la "loi 
fédérale du 22 décembre 1916 sur l’utilisation des forc es hydrauliques" et à la "loi fédérale du 
23 décembre 1959 sur l’utilisation pacifi que de l’énergie atomique et la protection contre les radiations". 
 
III. Transport par chemin de fer urbain, tramway, systèmes automatiques, trolleybus, 
autobus ou câble 
  Pouvoirs publics ou entreprises publiques exploita nt des tramways au sens de l’article 2, 
1er alinéa, de la "loi fédérale du 20 décembre 1957 sur les chemins de fer". 
 
 Pouvoirs publics ou entreprises pub liques offrant des services de transport public au sens de 
l’article 4, 1er alinéa, de la "loi fédérale du  29 mars 1950 sur les entreprises de trolleybus". 
 
 Entreprise suisse des postes, té léphones et télégraphes (PTT) au se ns de l’article 2 de la "loi 
fédérale du 18 juin 1993 sur le transport de voyageu rs et les entreprises de transport par route". 
 
 Pouvoirs publics ou entreprises publiques qui, à titre professionnel, effectuent des courses 
régulières de transport de personnes selon un horaire, au sens de l’ar ticle 4 de la "loi fédérale du 
18 juin 1993 sur le transport de voyageurs et  les entreprises de transport par route". 
 
IV. Aéroports 
 
 Pouvoirs publics ou entreprises publiques exploitant  des aéroports en vertu d’une concession au 
sens de l’article 37 de la "loi fédérale du  21 décembre 1948 sur la navigation aérienne". 
 
V. Ports intérieurs  
  
 Ports fluviaux des deux Bâle: pour le canton de  Bâle-Ville, est déterm inante la "loi du 
13 novembre 1919 concernant l’administra tion des installations portuaires rh énanes de la ville de Bâle";  
pour le canton de Bâle-Campagne est déterminante la "loi du 26 oc tobre 1936 sur la mise en place 
d’installations portuaires, de voies ferroviaires et de  routes sur le "Sternenfeld" à Birsfelden, et dans 
l’"Au" à "Muttenz". GPA/O/EEC/1 
Page 132  
 
 A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
  (a) 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 
 
  (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, ac tivities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. Postal services consisting of the clearance, sorting, routing and delivery of postal items.  
 
B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial 
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: 
 
 - Wasserverbund Regio Bern AG 
 
 - Hardwasser AG 
  - Gruppenwasserversorgung Liechtensteiner Oberland 
  - Gruppenwasserversorgung Liechtensteiner Unterland 
  - Bernische Kraftwerke AG 
 
  GPA/O/EEC/1 
 Page 133 
 
 
 - Nordostschweizerische Kraftwerke AG 
  - Liechtensteinische Kraftwerke 
  - Transports publics genevois 
  - Verkehrsbetriebe Zürich 
  - Flughafen Zürich-Kloten 
 
 - Aéroport de Genève-Cointrin 
 
 - Aérodrome civil de Sion 
  Notes relatives à l’Annexe 3  
 
Le présent accord ne s’applique pas:  1. Aux marchés que les entités adjudicatrices passe nt à des fins autres que la poursuite de leurs 
activités décrites dans cette A nnexe ou pour la poursuite de ces activités en dehors de Suisse. 
  
2. Aux marchés passés à des fins de  revente ou de location à des tier s, lorsque l’entité adjudicatrice 
ne bénéficie d’aucun droit spéc ial ou exclusif pour vendre ou loue r l’objet de ce s marchés et 
lorsque d’autres entités peuvent librement le vendre ou le louer dans les mêmes conditions que 
l’entité adjudicatrice. 
 
3. Aux marchés passés pour l’achat d’eau.  4. Aux marchés passés par une entité adjudica trice autre que les pouvoirs publics, qui assure 
l’alimentation en eau potable ou en électricité des réseaux destinés à fournir un service au 
public, lorsque la production d’eau potable ou d’él ectricité par l’entité concernée a lieu parce 
que sa consommation est nécessaire à l’exercice d’une activité autre que celle visée dans cette 
Annexe sous chiffre I et II et lorsque l’alim entation du réseau public ne dépend que de la 
consommation propre de l’entité et  n’a pas dépassé 30 per cent de la production totale d’eau 
potable ou d’énergie de l’entité pr enant en considération la moye nne des trois dernières années, 
y compris l’année en cours. 
 
5. Aux marchés passés pour la fourniture d’énergie ou de combustibles destinés à la production 
d’énergie. 
 6. Aux marchés passés par les entit és adjudicatrices assurant au public un service de transport par 
autobus, lorsque d’autres entités peuvent libr ement fournir ce servic e, soit d’une manière 
générale, soit dans une aire gé ographique spécifique, dans les mêmes conditions que les entités 
adjudicatrices. 
 7. Contracts awarded for the pursuit of an activity listed above when exposed to competitive 
forces in the market concerned are not covered by this Agreement. GPA/O/EEC/1 
Page 134  
 
ANNEX 4 
 
Services 
 
 
 
 The EC requests Switzerland to co mplete its list of services, unl ess already offered, on the basis 
of the following list: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services ex 81 
 (a) Insurance services 812, 814 
 (b) Banking and investments services*  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866** 
Architectural services; engineering services and integrated 
engineering services, urban planning and landscape 
architectural services; related scientific and technical 
consulting services; technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; san itation and similar services 94 
 
* except contracts for financial services in connec tion with the issue, sale, purchase or transfer 
of securities or other financial instruments, and central bank services.  
**  except arbitration and conciliation services. 
 
 NB: the EC reserves its right to request additional services in the course of negotiations. 
 
  GPA/O/EEC/1 
 Page 135 
 
 
Notes relatives à l’Annexe 4  
 
Le présent accord ne s’applique pas:  1. Aux marchés de services attribués à une en tité qui est elle-même un pouvoir adjudicateur au 
sens de l’Annexe 1, 2 ou 3 sur la base d’un droit exclusif dont elle bénéficie en vertu de 
dispositions législatives, réglemen taires ou administratives publiées. 
 2. Aux marchés de services qu’une  entité adjudicatrice passe auprès  d’une entreprise liée ou passés 
par une coentreprise, constituée de plusieurs entit és adjudicatrices aux fi ns de la poursuite des 
activités au sens de l’Annexe 3, auprès d’une de ces entités adjudicatrices ou d’une entreprise 
liée à une de ces entités adjudicatrices, pour au tant que 80% au moins du chiffre d’ affaires 
moyen que cette entreprise a réalisé au cours des trois dernières années en matière de services provienne de la fourniture de ces services aux entreprises auxqu elles elle est liée. Lorsque le 
même service ou des services similaires sont fo urnis par plus d’une entr eprise liée à l’entité 
adjudicatrice, il doit être tenu comp te du chiffre d’affair es total résultant de la fourniture de 
services par ces entreprises.   
 3. Aux marchés de services qui ont pour objet l’acq uisition ou la location, que lles qu’en soient les 
modalités financières, de terrains, de bâtime nts existants ou d’autres  biens immeubles ou qui 
concernent des droi ts sur ces biens. 
  
4. Aux marchés de l’emploi.   5. Aux marchés visant l’achat, le développement , la production ou la c oproduction d’éléments de 
programmes par des organismes de radiodiffusion  et aux marchés concernant les temps de 
diffusion. 
   GPA/O/EEC/1 
Page 136  
 
ANNEX 5 
 
Construction Services 
 
 
Définition : 
  Un contrat de services de construction est un contrat qui a pour objecti f la réalisation, par 
quelque moyen que ce soit, de trav aux de construction d'ouvrages de gé nie civil ou de bâtiments, au sens 
de la division 51 de la Classification centrale de produits (CPC). 
 
 
Liste de services relevant de la division 51 de la CPC  
 
Travaux de préparation des sites et chantiers de construction 511 
 
Travaux de constructi on de bâtiments 512 
 Travaux de construction d’ouvrages de génie civil 513  Assemblage et construction d’ouvrages préfabriqués 514 
 
Travaux d’entreprises de construction spécialisées 515  Travaux de pose d’installations 516  
Travaux d’achèvement et de finition des bâtiments  517 
 Autres services 518  Valeur de seuil :   5,000,000 DTS 
 
 
    
 
     
 
    
 
    GPA/O/EEC/1 
 Page 137 
 
 
NOTES GENERALES ET DEROGATIONS AUX DISPOSITIONS  
DE L’ARTICLE III 
   
1. La Suisse n’étendra pas le bénéfi ce des dispositions du présent accord: 
 
aux fournisseurs de services des Parties qui n’inclue nt pas, dans leurs propres listes, les marchés de 
services passés par les entités mentionnées aux Anne xes 1 à 3 et concernant les catégories de services 
visées aux Annexes 4 et 5. 
 
4. Le présent accord n’est pas applicable aux marchés passés en vertu:   - d’un accord international et portant sur la réalisation ou l’exploitation en commun d’un 
ouvrage par les Etat s signataires; 
 
 - de la procédure spécifique d’une organisation internationale. 
 5. Le présent accord n’est pas applicable aux ma rchés de produits agricoles passés en application 
de programmes de soutien à l'agriculture  ou de programmes d'aide alimentaire. 
 
6. Les engagements pris par la Suisse dans le do maine des services au titre du présent accord sont 
limités aux engagements initiaux spécifiés dans l’o ffre finale suisse présentée dans le cadre de 
l’Accord général sur le  commerce des services. 
 GPA/O/EEC/1 
Page 138  
 
Market access issues 
 A. Works concessions 
 
The EC requests that Switzerland offers BOT/works concessions.  The award of such contracts by any 
covered entity, when they equal or exceed SDR 5,000,000 should be done in accordance with in 
particular Articles II, III, IX:6, XVIII:1, XX of the GPA (draft Articles II:6, III, V:1 and 2, XII:2 and 
XVII of the GPA under review). 
 
 B. Thresholds 
 
Current thresholds. 
  GPA/O/EEC/1 
 Page 139 
 
 
THE EUROPEAN COMMUNITIES' INITIAL REQUEST TO 
THE UNITED STATES OF AMERICA 
 
 
Appendix I 
 
ANNEX 1 
 
Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement 
 
  
Threshold : 130,000 SDRs for supplies and services 
  5 million SDRs for construction 
 
A/ All central government entities, including: 
 
1. Department of Agriculture (not including procurement of agricultu ral products made in 
furtherance of agricultural support prog rammes or human feeding programmes) 
2. Department of Commerce (not including sh ipbuilding activities of NOAA, as excluded in 
Annex 4) 
3. Department of Education 
4. Department of Health and Human Services 5. Department of Housing and Urban Development 6. Department of the Interior (inc luding the Bureau of Reclamation) 
7. Department of Justice 
8. Department of Labor 9. Department of State 10. United States Agency for International Develo pment (not including procurement for the direct 
purpose of providing foreign assistance) 
11. Department of the Treasury 
12. Department of Transportation (not in cluding procurement by the Federal Aviation 
Administration, and pursua nt to Article XXIII) 
13. Department of Energy (pursuant to Articl e XXIII, national security exceptions include 
procurements made in support of  safeguarding nuclear materials or  technology and entered into 
under the authority of the Atomic Energy Act,  and oil purchases related to the Strategic 
Petroleum Reserve) 
14. General Services Administ ration (except Federal Supply Gr oups 51 and 52 and Federal Supply 
Class 7340) 
15. National Aeronautics and Space Administration 
16. The Department of  Veterans Affairs 
17. Environmental Protection Agency 
18. National Science Foundation 
19. Executive Office of the President 20. Farm Credit Administration 21. National Credit Union Administration 22. Merit Systems Protection Board 
23. The Corporation for Natio nal and Community Service 
24. Office of Thrift Supervision 25. Federal Housing Finance Board 26. National Labor Relations Board 27. National Mediation Board 
28. Railroad Retirement Board GPA/O/EEC/1 
Page 140  
 
29. American Battle Monuments Commission 30. Federal Communications Commission 31. Federal Trade Commission 32. Securities and Exchange Commission 33. Office of Personnel Management 
34. United States International Trade Commission 
35. Export-Import Bank of  the United States 
36. Federal Mediation a nd Conciliation Service 
37. Selective Service System 38. Smithsonian Institution 
39. Federal Deposit Insurance Corporation 
40. Consumer Product Safety Commission 
41. Equal Employment Opportunity Commission 42. Federal Maritime Commission 43. National Transportation Safety Board 
44. Nuclear Regulatory Commission 
45. Overseas Private Investment Corporation 46. Broadcasting Board of Governors 47. Commission on Civil Rights 48. Commodity Futures Trading Commission 49. Peace Corps 
50. National Archives and Records Administration 
51. Advisory Commission on Intergovernmental Relations 52. African Development Foundation 53. Alaska Natural Gas Transportation System 54. Appalachian Regional Commission 
55. Commission of Fine Arts 
56. Delaware River Basin Commission 57. Federal Election Commission 58. Department of Homeland Security (excep t procurement by the Transportation Security 
Administration; and the national security consid erations applicable to  the Department of 
Defence are equally applicable to the U.S. Coast Guard) 
59. Federal Home Loan Mortgage Corporation 
60. Federal Maritime Commission 61. Federal Mine Safety a nd Health Review Commission 
62. Federal Reserve System 63. Federal Retirement Th rift Investment Board 
64. Holocaust Memorial Council 
65. Inter-American Foundation 66. National Capital Planning Commission 67. National Commission on Librar ies and Information Science 
68. National Council on Disability 69. National Foundation on the Arts and the Humanities 
70. Occupational Safety and Health Review Commission 
71. Office of Government Ethics 72. Office of the Nuclear Waste Negotiator 73. Office of Special Counsel 74. Small Business Administration 
75. Susquehanna River Basin Commission 
76. Pennsylvania Avenue Development Corporation 77. Federal Crop Insurance Corporation 78. Federal Prison Industries, Inc. 
79. Government National Mortgage Association 
80. Uranium Enrichment Corporation  GPA/O/EEC/1 
 Page 141 
 
 
81. Department of Defence, including the Corps of Army Engineers  B/ All other central public entitie s, including subordinated entities of  central government whether at 
central or regional level 
 
This Agreement will not apply to the followi ng purchases of the Department of Defence: 
 (a) Federal Supply Classification (FSC) 83 - all el ements of this classifi cation other than pins, 
needles, sewing kits, flagstaffs, fla gpoles, and flagstaff trucks; 
(b)  FSC 84 - all elements ot her than sub-class 8460 (luggage); 
(c)  FSC 89 - all elements other th an sub-class 8975 (tobacco products); 
(d)  FSC 2310 - (buses only); (e)  Speciality metals, defined as steels melted in steel manufacturing facilities  located in the United 
States or its possessions, wh ere the maximum alloy content exceeds one or more of the 
following limits, must be used in products purchased by DOD: (1) manganese, 1.65 per cent; 
silicon, 0.60 per cent; or copper, 0.06 per cent; or which contains mo re than 0.25 per cent of any 
of the following elements: aluminium, chromium, cobalt, columbium, olybdenum, nickel, titanium, tungsten, or vanadium; (2) metal alloys consisting of nickel, iron-nickel and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 per cent; (3) 
titanium and titanium alloys; or (4) zirconium base alloys; 
(f) FSC 19 and 20 - that part of these classificatio ns defined as naval vessels or major components 
of the hull or superstructure thereof; 
(g) FSC 5l and 52; (h) Following FSC categories are not generally co vered due to application of Article XXIII, 
paragraph 1:  10, 12, 13, 14, 15, 16, 17, 19, 20, 28, 31, 58, 59, 95. 
 
This Agreement will generally apply to purchases  of the following FSC cate gories subject to United 
States Government determina tions under the provisions of Article XXIII, paragraph 1. 
 FSC 22 Railway Equipment  23 Motor Vehicles, Tr ailers, and Cycles (except buses in 2310) 
 24 Tractors 
 25 Vehicular Equipment Components 
 26 Tyres and Tubes  29 Engine Accessories  30 Mechanical Power Transmission Equipment  32 Woodworking Machinery and Equipment 
 34 Metalworking Machinery 
 35 Service and Trade Equipment  36 Special Industry Machinery  37 Agricultural Machinery and Equipment  38 Construction, Mining, Excavating,  and Highway Maintenance Equipment 
 39 Materials Handling Equipment 
 40 Rope, Cable, Chain and Fittings 
 41 Refrigeration and Air Conditioning Equipment  42 Fire Fighting, Rescue and Safety Equipment  43 Pumps and Compressors  44 Furnace, Steam Plant, Drying Equipment and Nuclear Reactors 
 45 Plumbing, Heating a nd Sanitation Equipment 
 46 Water Purification and Se wage Treatment Equipment 
 47 Pipe, Tubing, Hose and Fittings  48 Valves  49 Maintenance and Repair Shop Equipment 
 53 Hardware and Abrasives GPA/O/EEC/1 
Page 142  
 
 54 Prefabricated Structures and Scaffolding  55 Lumber, Millwork, Plywood and Veneer  56 Construction and Building Materials  61 Electric Wire, and Powe r and Distribution Equipment 
 62 Lighting Fixtures and Lamps 
 63 Alarm and Signal Systems 
 65 Medical, Dental , and Veterinary E quipment and Supplies 
 66 Instruments and Laboratory Equipment  67 Photographic Equipment  68 Chemicals and Chemical Products 
 69 Training Aids and Devices 
 70 General Purpose ADPE, Software , Supplies and Support Equipment 
 71 Furniture  72 Household and Commercial Furnishings and Appliances 
 73 Food Preparation and Serving Equipment 
 74 Office Machines, Visible Record Equipment and ADP Equipment 
 75 Office Suppl ies and Devices 
 76 Books, Maps and Other Publications  77 Musical Instruments, Phonographs, and Home Type Radios  78 Recreational and Athletic Equipment   79 Cleaning Equipment and Supplies 
 80 Brushes, Paints, Sealers and Adhesives 
 81 Containers, Packaging and Packing Supplies  85 Toiletries  87 Agricultural Supplies  88 Live Animals 
 91 Fuels, Lubricants, Oils and Waxes 
 93 Non-metallic Fabr icated Materials 
 94 Non-metallic Crude Materials  96 Ores, Minerals and their Primary Products 
 99 Miscellaneous  
 
Note to Annex I 
 The conditions specified in the Ge neral Notes apply to this Annex  GPA/O/EEC/1 
 Page 143 
 
 
ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance  
with the Provisions of the Agreement1 
 
 
 Threshold : 355,000 SDRs for supplies and services 
  5 million SDRs for construction 
 
 
A/ All sub-central government entities of all the St ates of the U.S.A., including those operating at 
regional, local, or municipal level, including: 
 
 
Arizona 
 
Executive branch agencies  Arkansas 
 
Executive branch agencies, including universities but excluding the Office of Fish and Game and 
construction services 
 
California 
 
Executive branch agencies 
 Colorado 
 Executive branch agencies  
Connecticut 
 
Department of Administrative Services Connecticut Department  of Transportation 
Connecticut Department of Public Works 
Constituent Units of Higher Education 
 Delaware* 
 Administrative Services (Central Procurement Agency) State Universities 
State Colleges 
 Florida* 
 Executive branch agencies 
 
                                                      
1 i.e. any entity either ex pressly listed or falling under the definitions set out below and not covered 
under Annex 1. GPA/O/EEC/1 
Page 144  
 
Hawaii 
 Department of Accounting and Gene ral Services (with the exception of procurements of software 
developed in the state and construction) 
 
Idaho 
 
Central Procurement Agency (including all colleges  and universities subjec t to central purchasing 
oversight) 
 
Illinois* 
 
Department of Central Management Services  Iowa* 
 Department of General Services Department of Transportation Board of Regents' Institutions (universities)  Kansas 
 Executive branch agencies, excluding construction services, automobiles and aircraft 
 Kentucky 
 
Division of Purchases, Finance and Administra tion Cabinet, excluding construction projects 
 
Louisiana 
 Executive branch agencies  
Maine* 
 
Department of Administrative and Financial Services Bureau of General Services (covering state government agencies and school construction) 
Maine Department of Transportation 
 
Maryland* 
 Office of the Treasury Department of the Environment Department of General Services 
Department of Housing and Community Development 
Department of Human Resources Department of Licensing and Regulation Department of Natural Resources Department of Public Safety  and Correctional Services 
Department of Personnel 
Department of Transportation   GPA/O/EEC/1 
 Page 145 
 
 
Massachusetts 
 Executive Office for Administration and Finance Executive Office of Communities and Development Executive Office of Consumer Affairs 
Executive Office of Economic Affairs 
Executive Office of Education Executive Office of Elder Affairs Executive Office of Environmental Affairs 
Executive Office of He alth and Human Service 
Executive Office of Labor 
Executive Office of  Public Safety 
Executive Office of Transportation and Construction  Michigan* 
 Department of Management and Budget  Minnesota 
 Executive branch agencies 
 
Mississippi 
 Department of Finance and Administ ration (does not include services) 
 
Missouri 
 
Office of Administration Division of Purchasing and Materials Management  Montana 
 Executive branch agencies (only for services and construction) 
 New York* 
 
State agencies 
State university system Public authorities and public benefit corporations, wi th the exception of those entities with multi-state 
mandates 
 
In addition to the exceptions noted at the end of this annex, transit cars, buses and related equipment are 
not covered. 
 Nebraska 
 Central Procurement Agency 
 
New Hampshire* 
 Central Procurement Agency  GPA/O/EEC/1 
Page 146  
 
Oklahoma* 
 Office of Public Affairs and all state agencies and departments subject to  the Oklahoma Central 
Purchasing Act, excluding construction services. 
Pennsylvania Public  Television Network 
Department of Environmental Resources 
State Tax Equalization Board Department of Public Welfare State Employees' Retirement System Pennsylvania Municipal Retirement Board 
Public School Employees' Retirement System 
Pennsylvania Crime Commission Executive Offices  Rhode Island 
 Executive branch agencies, excluding boats, automobiles, buses and related equipment 
 
South Dakota 
 Central Procuring Agency (including universities and pe nal institutions) 
 
In addition to the exceptions noted at the end of th is annex, procurements of  beef are not covered. 
 
Tennessee 
 
Executive branch agencies (excluding services and construction) 
 
Texas 
 Texas Building and Pr ocurement Commission 
 
Utah 
 
Executive branch agencies  Vermont 
 Executive branch agencies  Washington 
 Washington State executive branch agencies, including: 
 
General Administration Department of Transportation State Universities  
Oregon 
 
Department of Administrative Services   GPA/O/EEC/1 
 Page 147 
 
 
Pennsylvania* 
 Executive branch agencies, including:  Governor's Office 
Department of the Auditor General 
Treasury Department Department of Agriculture Department of Banking Pennsylvania Securities Commission 
Department of Health 
Department of Transportation Insurance Department Department of Aging Department of Correction 
Department of Labor and Industry 
Department of Military Affairs Office of Attorney General Department of General Services Department of Education Public Utility Commission 
Department of Revenue 
Department of State Pennsylvania State Police Department of Public Welfare Fish Commission 
Game Commission 
Department of Commerce Board of Probation and Parole Liquor Control Board Milk Marketing Board Lieutenant Governor's Office 
Department of Community Affairs 
Pennsylvania Historical and Museum Commission Pennsylvania Emergency Management Agency State Civil Service Commission  
Wisconsin 
 
Executive branch agencies, including:  Department of Administration State Correctional Institutions 
Department of Development 
Educational Communications Board Department of Employment Relations State Historical Society Department of Health and Social Services 
Insurance Commissioner 
Department of Justice Lottery Board Department of Natural Resources Administration for Public Instruction 
Racing Board GPA/O/EEC/1 
Page 148  
 
Department of Revenue State Fair Park Board Department of Transportation State University System  
Wyoming* 
 
Procurement Services Division Wyoming Department of Transportation University of Wyoming 
 
 
B/ All other entities in all US States whose pr ocurement policies are subs tantially controlled by, 
dependent on, or influenced by central, regional  or local government and which are engaged in non-
commercial or non-indu strial activities. 
 
 Notes to Annex 2  
 
In addition to the conditions specified in the General  Notes, the following conditions apply: 
 
1. For those states marked by an asterisk with  pre-existing restrictions, the Agreement does not 
apply to procurement of construction-grade stee l (including requirements  on subcontracts), 
motor vehicles and coal. 
 
2. The Agreement shall not apply to preferences or restrictions associated with programs 
promoting the development of distressed areas and businesses owned by minorities, disabled 
veterans and women. 
 
3. Nothing in this annex shall be construed to prevent any state entity from applying restrictions 
that promote the general environmental quality in that  state, as long as such restrictions are not 
disguised barriers to international trade. 
 
4. The Agreement shall not apply to any procurem ent made by a covered entity on behalf of non-
covered entities at a different level of government. 
 
5. The Agreement shall not apply to restrictions  attached to Federal f unds for mass transit and 
highway projects. 
 
   GPA/O/EEC/1 
 Page 149 
 
 
ANNEX 3  
 
All Other Entities which Procure in Accordance 
with the Provisions of the Agreement  
  
 Threshold : 400,000 SDRs for supplies and servic es (except as specified below) 
  5 million SDRs for construction 
 
A/ All Annex 1 and Annex 2 entities which exercise one or more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of those activities 
 
1. As far as gas and heat are concerned: 
 
 (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of gas or heat;  or 
 
 (b) The supply of gas or heat to such networks. 
 2. As far as electricity is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of electricity;  or 
 
 (b) The supply of electricity to such networks. 
 3. As far as drinking water is concerned: 
  (a) The provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water;  
or 
 
 (b) The supply of drinking water to such networks. 
 4. As far as transport services are concerned, activities relating to the provision or operation of 
networks providing a service to the public in the field of transport by railway, automated 
systems, tramway, trolley bus, bus or cable. 
 
5. The provision of airport or other terminal facilities to carriers by air. 
 6. The provision of maritime or inland port or other terminal facilities to carriers by sea or 
inland waterway. 
 7. The provision or operation of public telecommunications networks or the provision of one or 
more telecommunications services. 
 8. Postal services consisting of the clearance, sorting, routing and delivery of postal items. 
 
 B/ All other entities whose procurement policies ar e substantially controlled by, dependent on, or 
influenced by central, regional or local government , which are engaged in commercial or industrial  
activities in one or more of the sectors referred to above, and in respect of contracts awarded for the 
pursuit of any of those activities, including: GPA/O/EEC/1 
Page 150  
 
 Tennessee Valley Authority  Power Marketing Admini strations of the Department of Energy 
 - Bonneville Power Administration 
 - Western Area Power Administration 
 - Southeastern Power Administration  - Southwestern Power Administration  - Alaska Power Administration  - St. Lawrence Seaway Development Corporation 
 
The Port Authority of New York and Ne w Jersey with the following exceptions: 
 
 - Maintenance, repair and operating materi als and supplies (e.g.,  hardware, tools, 
lamps/lighting, plumbing); 
 
 - In exceptional cases, individual procuremen ts may require certain regional production 
of goods if authorized by the Board of Directors; 
 
 - Procurements pursuant to multi-jurisdictiona l agreement (i.e., for contracts which have 
initially been awarded by  other jurisdictions). 
 
The Port of Baltimore (subject to the conditions sp ecified for the state of New York in Annex 2) 
 
The New York  Power Authority (subject to the co nditions specified for the state of New York in 
Annex 2) 
 
Rural Electrification Ad ministration Financing: 
  (1) waiver of Buy American restriction on financing for all power generation projects 
(restrictions on financing for telecommuni cation projects are excluded from the 
Agreement); 
 
 (2) application of Code-equi valent procurement procedures  and national treatment to 
funded projects exceeding the thresholds specified above 
 
 
Note to annex III 
 
With respect to these entities, the Agreement shall not apply to restrictions attached to Federal funds for 
airport projects. 
 
2. The conditions specified in the Ge neral Notes apply to this Annex. 
 
Note to Annex 3 
 Contracts awarded for the pursuit of an activity lis ted above when exposed to competitive forces in 
the market concerned are not covered by this Agreement. 
  GPA/O/EEC/1 
 Page 151 
 
 
ANNEX 4  
 
Services 
 
 
 
 Of the Universal List of Services, as cont ained in document MTN.GNS/W/120, the following 
services are excluded:  1. All transportation services, including Launchi ng Services (CPC Categories 71, 72, 73, 74, 8859, 
8868). 
 
 Note:  Transportation services, where incidental to a contract for the procurement of supplies, 
are not subject to this Agreement. 
 
2. Dredging. 
 
3. All services purchased in support of  military forces located overseas.  
 4. Management and operation contracts of certai n government or privately-owned facilities used 
for government purposes, including federally-fu nded research and development centers 
(FFRDCs).  
 
5. Public utilities services, including teleco mmunications and ADP-rela ted telecommunications 
services except enhanced (i.e., value-added) telecommunications services.  
 
6. Research and Development.  
 7. Printing Services (for Annex 2 entities only). 
   
 
 GPA/O/EEC/1 
Page 152  
 
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 : 
 
All services listed  in Division 51. 
  Note to Annex 5 
 The conditions specified in the Ge neral Notes apply to this Annex 
 
    
 
     
 
    
 
     
 
    
  GPA/O/EEC/1 
 Page 153 
 
 
GENERAL NOTES 
 
  1. Notwithstanding the above, this Agreement will not apply to set asides on behalf of small and 
minority businesses.   
 
2. Except as specified otherwise in this Appendix, procurement in terms of U.S. coverage does not 
include non-contractual agreements or any form of government assistance, including 
cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and 
governmental provision of goods and services to  persons or governmental authorities not 
specifically covered under U.S. annexes to this agreement. 
 
3. Procurement does not include the acquisition of fi scal agency or depository services, liquidation 
and management services for regul ated financial institutions, and sale and distribution services 
for government debt. 
 4. Where a contract to be awarded by an entity is  not covered by this Agreement, this Agreement 
shall not be construed to cover any good or  service component of that contract. 
 8. A service listed in Annex 4 is covered with resp ect to a particular Party only to the extent that 
such Party has included that service in its Annex 4. 
 GPA/O/EEC/1 
Page 154  
 
Market access issues 
 A. Works concessions 
 
The EC requests that the United States of America offers BOT/works concessions.  The award of such 
contracts when awarded by any covered entity, when  they equal or exceed SDR 5,000,000 should be 
done in accordance with in particular Articles II, III, IX:6, XVIII:1, XX  of the GPA (draft 
Articles II:6, III, V:1 and 2, XII:2 and XVII of the GPA under review). 
 
B. Thresholds 
 
Pursuant to its proposal on uniform thresholds, the EC requests that the United States of America 
adopts the following thresholds: 
 
 - For Annex 2 entities, if the value of their procurement equals or exceeds: 
  SDR 200,000 for contracts for supply of goods and services. 
  - For Annex 3 entities, if the value of their procurement equals or exceeds: 
  SDR 400,000 for contracts for supply of goods and services. 
 
__________