RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/LIE/1/Rev.1 
2 December 2010 
 (10-6484) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(B) AND (C) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Liechtenstein
1 
 
Revision  
 
 The following communication, dated 30 November 2010, is being circulated at the request of 
the delegation of Liechtenstein. 
 
Comité des marchés publics  
  
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication du Liechtenstein
1 
 
Révision  
 
 La communication ci-après, datée du 30 novembre  2010, est distribuée à la demande de la 
délégation du Liechtenstein. 
 
Comité de Contratación Pública 
 
 
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN  
Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS  
DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL  
ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Liechtenstein1 
 
Revisión  
 
 La siguiente comunicación, de fecha 30 de noviem bre de 2010, se distribuye a petición de la 
delegación de Liechtenstein. 
                                                      
1 In English only./En anglais seulement./En inglés solamente. GPA/O/LIE/1/Rev.1 
Page 2  
 
NEGOTIATIONS UNDER ARTICLE XXIV:7(b) AND (c) OF THE 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
REVISED OFFER OF THE PRINCIPALITY OF LIECHTENSTEIN 
  
 Liechtenstein submits this offer, in accorda nce with Article XXIV:7 of the Agreement on 
Government Procurement.  Liechtenstein reserves the right to withdraw, amend, restrict, restructure or extend this offer, in light of further negotiations , clarifications and offers from other Parties. 
 
 This revised offer reflects the outcome of Li echtenstein's bilateral meetings with several 
delegations.  Furthermore the Annexes, especially A nnex 3, have been updated to the latest changes 
of the EEA legal framework not yet reflected in Li echtenstein's initial offer.  In Annex 2 Bodies 
governed by Public Law operating on a national level have been include d into the coverage.  Finally a 
new Annex on Goods has been inserted. 
 
 Liechtenstein is prepared to drop country-sp ecific derogations in the general notes, provided 
the Parties concerned are prepared to give comparab le effective access to Liechtenstein's suppliers to 
their respective markets.   Liechtenstein is also prepared to add country -specific derogations in the general notes if the 
Parties concerned would not be able to give comp arable effective access to Liechtenstein's suppliers 
to their respective markets.   Liechtenstein reaffirms its commitment to a successful conclusion of the negotiations on the extension of the coverage and the e limination of discriminatory measures. 
 
 This revised Offer is made available both in  a track changes version as well as in a clean 
version (see page 15 onwards).  
  GPA/O/LIE/1/Rev.1 
 Page 3 
 
 
LIECHTENSTEIN  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities which Procure in Accordance With 
the Provisions of this Agreement 
  
 Supplies (specified in Annex 4)
 Threshold:  SDR 130,000 
 Services  (specified in Annex 4
5) Threshold:  SDR 130,000 
 
Construction services  (specified in Annex 5 6) Threshold:  SDR 5,000,000 
  
List of Entities:  
 Government of the Principality of Liechtenstein 
Courts of the Principality of Liechtenstein Parliament of the Principality of Liechtenstein   Note to Annex 1  
 
1. Central government entities is meant to cove r also any subordinate entity of any central 
government entity provided it does not have a separate legal personality.  
 2.
 The Agreement shall not apply to contracts awar ded by contracting authorities in the field of 
drinking water, energy,  or transport or telecommunications .  
 GPA/O/LIE/1/Rev.1 
Page 4  
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
  
Supplies (specified in Annex 4)
 Threshold:  SDR 200,000 
 Services  (specified in Annex 4
5) Threshold:  SDR 200,000 
 
Construction services  (specified in Annex 5 6) Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level 
 2. All 
Bodies governed by public law1 and not having an industrial or  commercial character at the 
local level . 
  Note to Annex 2  
 
 The Agreement shall not apply to contracts aw arded by contracting au thorities in connection 
with activities in the field of drinking water, energy, 
 or transport or telecommunications .  
 
 
                                                      
1 A body is considered to be governed by public law where it:  
 
 - is established for the specific purpose of meet ing needs in the general interest, not being of an 
industrial or commercial nature;  
 
 - has legal personality;  and  
 
 - is financed for the most part by the State, or regional or local authorities, or other bodies 
governed by public law, or is subject to mana gement supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whos e members are appointed 
by the State, regional or local authorities, or other bodies governed by public law.   GPA/O/LIE/1/Rev.1 
 Page 5 
 
 
ANNEX 3 
 
All Other Entities which Pr ocure in Accordance With 
the Provisions of this Agreement 
 
 
Supplies (specified in Annex 4)  Threshold:  SDR 400,000 
 
Services (specified in Annex 5)  Threshold:  SDR 400,000 
 
Works  (specified in Annex 5 6) Threshold:  SDR 5,000,000 
 
 
List of Entities:  
 
 All contracting entities whose procurement is covered by the EEA utilities directive which are 
contracting authorities (e.g. those covered unde r Annex 1 and Annex 2)  or public undertakings1 and 
which have as one of their activities any of tho se referred to below or any combination thereof: The 
contractin g entities which are public authorities2 or public undertakings3 and which have as at least one 
of their activities any of those referred to below:  
                                                      
1 According to the EEA utilities directive, a public  undertaking is any undertaking over which the 
contracting authorities may exercise directly or indirectly  a dominant influence by virtue of their ownership of 
it, their financial participation therein, or the rules which govern it.  A dominant influence on the part of the 
contracting authorities shall be presumed when these au thorities, directly or indirectly, in relation to an 
undertaking:  
- hold the majority of the undertaking's subscribed capital, or  
 
- control the majority of the votes attaching to shares issued by the undertaking, or  
 
- can appoint more than half of the undertaking's administrative, management or supervisory 
body.  
 
2 Public authorities means the State, regional or local  authorities, bodies governed by public law, or 
associations formed by one or more of such authorities or bodies governed by public law.  A body is considered 
to be governed by public law where it:  
 
- is established for the specific purpose of meeting needs in the general interest, not being of an 
industrial or commercial nature;  
 -
 has legal personality;  and  
 
- is financed for the most part by the State, or regional or local authorities, or other bod ies 
governed by public law, or is subject to management supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whose members are 
appointed by the State, regional or local authorities, or other bodies govern ed by public law.  
 
3 Public undertakings means any undertaking over whic h the public authorities may exercise directly or 
indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the 
rules which govern i t.  A dominant influence on the part of the public authorities shall be presumed when these 
authorities, directly or indirec tly, in relation to an undertaking:  
 -
 hold the majority of the undertaking's subscribed capital;  or  
 
- control the majority of the  votes attaching to shares issued by the undertaking;  or  
 
- can appoint more than half of the members of the undertaking's administrative, managerial or 
supervisory body.  GPA/O/LIE/1/Rev.1 
Page 6  
 
1. The provision or operation of fixed networks intended to provide a service to the public in 
connection with the production, transport or distri bution 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 provision or 
operation of fixed networks4 providing a service to the public in the field of 
transport by urban railway, auto mated systems, tramway, trolley bus, bus or cable (as specified 
under title III); 
 4. The exploitation of a geographical area for th e purpose of the provision of airport or other 
terminal facilities to carriers by air (as specified under title IV); 
 
5. The exploitation of a geographica l area for the purpose of the provision of inland port or other 
terminal facilities to carrie rs by sea or inland waterway  (as specified under title V); 
 6. Provision of postal services  (as specified under title VI).
 
 
I. Production, transport or di stribution of drinking water  
 
 Public authorities and public undertakings pr oducing, transporting and distributing drinking 
water.  Such public authorities and public undertakings are operatin g under local legislation or under 
individual agreements based thereupon.  
 - Gruppenwasserversorgung Liechtensteiner Oberland 
  - Gruppenwasserversorgung Liechtensteiner Unterland  
II. Production, transport or distribution of electricity  
  Public authorities and public undertakings for the production, transport and distribution of 
electricity operating on the basis of authorizations for expropriation. 
  - Liechtensteinische Kraftwerke  III. Contracting entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
 Liechtenstein Bus Anstalt  
IV. Contracting entities in th e field of airport facilities  
 
 None  
V. Contracting entities in the field of inland ports
 
 
 None  
 
                                                      
4 As regards transport services, a network shall be considered to exist where the service is provided 
under operating conditions laid down by a competent auth ority of an EEA Member Stat e, such as conditions on 
the routes to be served, the capacity to be made available or the frequency of the service.   GPA/O/LIE/1/Rev.1 
 Page 7 
 
 
VI. Postal Services 
 
 Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights. 
Notes to Annex 3  
 This Agreement shall not apply: 
 1. To contracts which the contracting entity awar ds for purposes other than the pursuit of their 
activities as described in this Annex.  
 or for the pursuit of such ac tivities in a non-EEA country;  
 
2. To contracts awarded by entities in this Annex:  
 (a) by a contracting entity to an affiliated undertaking
5;  or 
 (b) by a joint venture formed exclusively by a number of contracting entities for the 
purpose of carrying out a relevant activity w ithin the meaning of paragraphs (1) to ( 5) 
of this Annex, to an undertaking which is affiliated with one of these contracting 
entities,  
 
provided that at least 80 per cent of the averag e turnover of the affili ated undertaking with 
respect to supplies, services or construction services for the preceding three years derives 
respectively from the provision of such services  or supplies to undertakings with which it is 
affiliated.  
  When more than one undertaking affiliated wi th the contracting entity provides the same or 
similar supplies, services or constr uction services, the above percentage s shall be calculated taking into 
account the total turnover deriving respectively from th e provision of supplies, services or construction 
services by those affiliated undertakings.  
  When, because of the date on which an aff iliated undertaking was created or commenced 
activities, the turnover is not available for the prec eding three years, it will be sufficient for that 
undertaking to show that the turnover referred to in th is paragraph is credible, in particular by means 
of business projections.  
 3. To contracts awarded by entities in this Annex:
 
  (a) by a joint venture, formed exclusively by a number of contracting entities for the 
purpose of carrying out activities of paragraphs  (1) to (5) of this Annex, to one of 
these contracting entities;  or  
  (b) by a contracting entity to such a joint ve nture of which it forms part, provided that the 
joint venture has been set up in order to ca rry out the activity concerned over a period 
of at least three years and that the instru ment setting up the joint venture stipulates 
that the contracting entities, which form it, will be part thereof for at least the same 
period.  
 
                                                      
5 "affiliated undertaking" means any undertaking the annual accounts of  which are consolidated with 
those of the procuring entity in accordance with the requ irements of Council Directive 83/349/EEC on 
consolidated accounts, or in case of entities not subject  to that Directive, any undertaking over which the 
procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant 
influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant 
influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.  GPA/O/LIE/1/Rev.1 
Page 8  
 
2
.4. To contracts for the purchase of water, the suppl y of energy or of fuels for the production of 
energy . 
 3
.5. 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 1 and II 2 and provided that the supply to the 
public network depends only on the entity's own consumption and does not exceed 30 per cent 
of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year
. 
 
4. To contracts for the supply of energy or of fuels  for the production of energy.  
 6. To contracts awarded for purpos es of re-sale or hire to third parties, provided that the 
contracting entity enjoys no special or exclusive right  to sell or hire the subject of such contracts 
and other entities are free to sell or hire it unde r the same conditions as the contracting entity. 
 5
.7. To contracts awarded by contracting entities provi ding a bus service if ot her entities are free to 
offer the same service either in general or in a specific geographical ar ea and under the same 
conditions. 
 
6.8. To contracts awarded by contracting entities pursuing an activity described in this Annex 
when that activitiy is exposed  to full market competition. 
  GPA/O/LIE/1/Rev.1 
 Page 9 
 
 
 
ANNEX 4 
 
Goods  
  
 This Agreement applies to government contract s awarded for all goods purchased by the entities 
appearing in Annexes 1 to 3, unless otherwise stated by this agreement.  
 GPA/O/LIE/1/Rev.1 
Page 10  
 
ANNEX 4
5 
 
Services  
 
 
 The following services from the services sectoral classificati on list contained in 
document MTN.GNS/W/120 are included:   
Subject  
 
Maintenance and repair se rvices 6112, 6122, 633, 886 
 Land transport services, including armour ed car services,  712 (except 71235), 
and courier services, except  transport of mail 7512, 87304 
 
Air transport services of passengers and freight, except 73 (except 7321) 
transport of mail  Transport of mail by land, except rail, and by air 71235, 7321  
Telecommunications services 752 
 Financial services ex 81  (a) Insurance services 812, 814 
 
(b) Banking and investment services
1 
 Computer and related services 84  Accounting, auditing and bookkeeping services 862 
 
Market research and public  opinion polling services 864 
 Management consulting services  and related services 865, 866
2 
 
Architectural services;  en gineering services and  867 
integrated engineering serv ices, urban planning and  
landscape architectural services;  related scientific and technical consulting services ;  technical testing and  
analysis services  
Advertising services 871 
 Building-cleaning services and pr operty management 874, 82201-82206 
services  
Publishing and printing services on a fee or contract 88442 
basis 
                                                     
 
1 Except contracts for financial serv ices in connection with the issue,  sale, purchase, or transfer of 
securities or other financial instruments, and central bank services. 
2 Except arbitration and conciliation services.  GPA/O/LIE/1/Rev.1 
 Page 11 
 
 
Sewage and refuse disposal; sa nitation and similar services 94 
  
Notes to Annex 
45 
 The Agreement shall not apply to: 
 1. service contracts awarded to an entity which is it self a procuring entity listed in Annex 1 or 2 on 
the basis of an exclusive right which it enjo ys pursuant to a published law, regulation or 
administrative provision; 
 
2.
 service contracts which a contracting entity awar ds to an affiliated undertaking or which are 
awarded by a joint ventur e formed by a number of contracting entities for the purpose of 
carrying out an activity within the meaning of Annex  3 or to an undertaking which is affiliated 
with one of these contracting entities.  At least 80  per cent of the average turnover of that 
undertaking for the preceding three years has to derive from the provision of such services to 
undertakings with which it is aff iliated.  Where more than one undertaking affiliated with the 
contracting entity provides the same service, the total turnover der iving from the provision of 
services by those undertakings shall be taken into account;  
 3.
2. for the acquisition, development, production or co-production of programme material by 
broadcasters and contract s for broadcasting time. GPA/O/LIE/1/Rev.1 
Page 12  
 
ANNEX 5
6 
 
Construction Services  
 
 Definition:  
 
  A construction services contract is a contract  which has as its objective the realization by 
whatever means of civil or building works, in the sense of Division 51 of the Central Product 
Classification. 
  
List of Division 51, CPC: 
 
Pre-erection work at construction sites 511
 
 General construction work for buildings 512  General construction work for civil engineering 513  
Installation and assembly work 514 +
 516 
 Special trade construction work 515
 
 Installation work 516
 
 
Building completion and finishing work 517  Other 511
 + 515 + 518 
   GPA/O/LIE/1/Rev.1 
 Page 13 
 
 
ANNEX 6 7 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
A. Specific derogations by country 
 1. The Principality of Liechtenstein will not extend the benefits of this Agreement: 
  - as regards the award of contracts by entiti es listed in Annex 2 to the suppliers and 
service providers of Ca nada and the United States of America, 
  - as regards the award of contracts by entiti es listed in Annex 3 in  the following sectors: 
   - water:  to the suppliers and service providers of Canada and the United States 
of America; 
   - electricity:  to the suppliers and service providers of Canada, Japan and the 
United States of America; 
   - urban transport:  to the suppliers and service providers of Canada, Israel, Japan, 
Korea and the United States of America, 
  until such time as the Principality of Liechten stein has accepted that the Parties concerned give 
comparable and effective access for undertakings of the Principality of Liechtenstein to the relevant markets; 
 
 - to service providers of Parties which do not include service contracts for the relevant 
entities in Annexes 1 to 3 and the re levant service category under Annexes 4
5 and 5 6 in 
their own coverage. 
 2. The provisions of Article XV III shall not apply to supplie rs and service providers of: 
 
 - Israel, Japan and Korea in contesting the award of contracts by bodies governed by 
public law and not having an industrial or commercial character listed in Annex 2, 
paragraph 2, until such time as the Principali ty of Liechtenstein accepts that they have 
completed coverage of sub-central entities; 
 
 - Canada, Japan, Korea and the United States of America in contesting the award of 
contracts to a supplier or service provider of  Parties other than those mentioned, which 
are small- or medium-sized enterprises unde r the relevant provisions of the law of 
Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate disc riminatory measures in favour of certain domestic small and 
minority businesses; 
  - Israel, Japan and Korea in contesting the award of contracts by entities of the 
Principality of Liechtenstein, whose value is less than the threshold applied for the same category of contracts awarded by these Parties. 
 
3. Until such time as the Principality of Liec htenstein has accepted that the Parties concerned 
provide access for supplie rs and service providers to their own markets, the Principality of 
Liechtenstein will not extend the benefits of th is Agreement to suppliers  and service providers 
of: 
 GPA/O/LIE/1/Rev.1 
Page 14  
 
 - Canada, as regards procurement of FSC 36, 70 and 74 (special industry machinery;  
general purpose automatic da ta processing equipment, software, supplies and support 
equipment (except 7010 ADPE c onfigurations);  office machines, visible record 
equipment and ADP equipment); 
 
 - Canada, as regards procurement of FSC 58 (communications, protection and coherent 
radiation equipment) and the United States of America as regards air traffic control equipment; 
  - Korea and Israel as regard s procurement by entities listed in Annex 3, paragraph (B) as 
regards procurement of HS Nos 8504, 8535,  8537 and 8544 (electri cal transformers, 
plugs, switches and insulated cables);  and for Israel, HS Nos 8501, 8536 and 902830; 
  - Canada and the United States of Amer ica as regards contracts for good or service 
components of contracts which, although awarded by an entity covered by this 
Agreement, are not themselves subject to this Agreement. 
 4. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes. 
 5. The provision of services, including construc tion services, in the context of procurement 
procedures according to this Agreement is s ubject to the conditions and qualifications for 
market access and national treatment as will be required by the Pr incipality of Liechtenstein in 
conformity with its co mmitments under the GATS. 
 B.
 General derogations  
 
 The Agreement shall not apply to services car ried out by an internal contractor or by specific 
contractors with legal personality (in -house).  
 C.
B. Liechtenstein understands that under Article II, ch . 2 a) ii, the Agreement is not applicable to 
fund placements of insured persons conducted by  public entities or undertakings such as public 
insurance and pensions funds. 
  GPA/O/LIE/1/Rev.1 
 Page 15 
 
 
LIECHTENSTEIN  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government Entities which Procure in Accordance With 
the Provisions of this Agreement 
  
Supplies (specified in Annex 4)  Threshold:  SDR 130,000 
 Services  (specified in Annex 5)  Threshold:  SDR 130,000 
 
Construction services  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 
Government of the Principality of Liechtenstein 
Courts of the Principality of Liechtenstein 
Parliament of the Principality of Liechtenstein   
Note to Annex 1  
 
1. Central government entities is meant to cove r also any subordinate entity of any central 
government entity provided it does not have a separate legal personality. 
 2. The Agreement shall not apply to contracts awar ded by contracting authorities in the field of 
drinking water, energy or transport. 
 GPA/O/LIE/1/Rev.1 
Page 16  
 
ANNEX 2 
 
Sub-Central Entities which Proc ure in Accordance With 
the Provisions of this Agreement 
  
Supplies (specified in Annex 4)  Threshold:  SDR 200,000 
 Services  (specified in Annex 5)  Threshold:  SDR 200,000 
 
Construction services  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
 1. Public Authorities at local level 
 2. All Bodies governed by public law
1. 
  
Note to Annex 2  
 
 The Agreement shall not apply to contracts aw arded by contracting au thorities in connection 
with activities in the field of dri nking water, energy or transport.  
                                                     
 
1 A body is considered to be governed by public law where it: 
 
 - is established for the specific purpose of meet ing needs in the general interest, not being of an 
industrial or commercial nature; 
 - has legal personality;  and 
 
- is financed for the most part by the State, or regional or local authorities, or other bodies 
governed by public law, or is subject to mana gement supervision by those bodies, or has an 
administrative, managerial or supervisory board more than half of whos e members are appointed 
by the State, regional or local authorities, or other bodies governed by public law.  GPA/O/LIE/1/Rev.1 
 Page 17 
 
 
ANNEX 3 
 
All Other Entities which Pr ocure in Accordance With 
the Provisions of this Agreement 
  
Supplies (specified in Annex 4)  Threshold:  SDR 400,000 
 Services (specified in Annex 5)  Threshold:  SDR 400,000 
 
Works  (specified in Annex 6)  Threshold:  SDR 5,000,000 
  
List of Entities:  
  All contracting entities whose procurement is covered by the EEA utilities directive which are 
contracting authorities (e.g. those covered unde r Annex 1 and Annex 2)  or public undertakings
1 and 
which have as one of their activities any of those referred to below or any combination thereof: 
 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 provision or operation of networks
2 providing a service to the public in the field of transport 
by urban railway, automated syst ems, tramway, trolle ybus, bus or cable (as specified under 
title III); 
 4. The exploitation of a geographical area for th e purpose of the provision of airport or other 
terminal facilities to carriers by air (as specified under title IV); 
 5. The exploitation of a geographica l area for the purpose of the provision of inland port or other 
terminal facilities to carrie rs by sea or inland waterway  (as specified under title V); 
 
6. Provision of postal services  (as specified under title VI). 
                                                     
 
1 According to the EEA utilities directive, a public undertaking is any undertaking over which the 
contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, 
their financial participation therein, or the rules which govern it.  A dominant influence on the part of the 
contracting authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking: 
 
- hold the majority of the undertaking's subscribed capital, or 
 
- control the majority of the votes attaching to shares issued by the undertaking, or  
- can appoint more than half of the undertaking's administrative, management or supervisory 
body. 
2 As regards transport services, a network shall be c onsidered to exist where th e service is provided under 
operating conditions laid down by a competent authority of an EEA Member State, such as conditions on the routes 
to be served, the capacity to be made av ailable or the frequency of the service. GPA/O/LIE/1/Rev.1 
Page 18  
 
I. Production, transport or di stribution of drinking water 
 
 Public authorities and public undertakings pr oducing, transporting and distributing drinking 
water.  Such public authorities and public undertakings are operatin g under local legislation or under 
individual agreements based thereupon. 
 
 - Gruppenwasserversorgung Liechtensteiner Oberland   - Gruppenwasserversorgung Liechtensteiner Unterland  II. Production, transport or distribution of electricity  
 
 Public authorities and public undertakings for the production, transport and distribution of 
electricity operating on the basis of authorizations for expropriation. 
 
 - Liechtensteinische Kraftwerke 
 
III. Contracting entities in the field of urban railway, automated systems, tramway, trolley 
bus, bus or cable services  
 
 Liechtenstein Bus Anstalt 
 
IV. Contracting entities in th e field of airport facilities  
 
 None  V. Contracting entities in the field of inland ports  
 None 
 
VI. Postal Services 
  Liechtensteinische Post AG, but only for ac tivities for which it holds exclusive rights. 
  
Notes to Annex 3  
 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 or for th e pursuit of such activities in a non-EEA country; 
 2. To contracts awarded by entities in this Annex: 
 
(a) by a contracting entity to an affiliated undertaking
3;  or 
                                                      
3 "affiliated undertak ing" means any undertaking the annual acc ounts of which are consolidated with 
those of the procuring entity in  accordance with the requirements of Council Directive 83/349/EEC on 
consolidated accounts, or in case of entities not subject to that Directive, any undertaking over which the procuring 
entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over 
the procuring entity, or which, in common with the procuri ng entity, is subject to the dominant influence of another 
undertaking by virtue of ownership, financial participation, or the rules which govern it.  GPA/O/LIE/1/Rev.1 
 Page 19 
 
 
 (b) by a joint venture formed exclusively by a number of contracting entities for the 
purpose of carrying out a relevant activity with in the meaning of paragraphs (1) to (5) 
of this Annex, to an undertaking which is affiliated with one of these contracting 
entities, 
 
provided that at least 80 per cent of the averag e turnover of the affili ated undertaking with 
respect to supplies, services or construction services for the preceding three years derives 
respectively from the provision of such services  or supplies to undertakings with which it is 
affiliated. 
 
 When more than one undertaking affiliated wi th the contracting entity provides the same or 
similar supplies, services or constr uction services, the above percentage s shall be calculated taking into 
account the total turnover deriving respectively from th e provision of supplies, services or construction 
services by those affiliated undertakings. 
 
 When, because of the date on which an aff iliated undertaking was created or commenced 
activities, the turnover is not available for the prec eding three years, it will be sufficient for that 
undertaking to show that the turnover referred to in th is paragraph is credible, in particular by means 
of business projections.  
3. To contracts awarded by entities in this Annex: 
  (a) by a joint venture, formed exclusively by a number of contracting entities for the 
purpose of carrying out activities of paragraphs  (1) to (5) of this Annex, to one of 
these contracting entities;  or 
 
 (b) by a contracting entity to such a joint ve nture of which it forms part, provided that the 
joint venture has been set up in order to ca rry out the activity concerned over a period 
of at least three years and that the instru ment setting up the joint venture stipulates 
that the contracting entities, which form it, will be part thereof for at least the same 
period. 
 
4. To contracts for the purchase of water, the s upply of energy or of fuels for the production of 
energy. 
 5. To contracts of contracting entities other th an 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 1 a nd 2 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, including the current year.  
 
6. To contracts awarded for purpos es of re-sale or hire to third parties, provided that the 
contracting entity enjoys no special or exclusive right  to sell or hire the subject of such contracts 
and other entities are free to sell or hire it unde r the same conditions as the contracting entity. 
 
7. To contracts awarded by contracting entities provi ding a bus service if ot her entities are free to 
offer the same service either in general or in a specific geographical ar ea and under the same 
conditions. 
 8. To contracts awarded by contracting entities pursuing an activity described in this Annex 
when that activitiy is exposed  to full market competition. GPA/O/LIE/1/Rev.1 
Page 20  
 
ANNEX 4 
 
Goods 
 
 
 This Agreement applies to government contract s awarded for all goods purchased by the entities 
appearing in Annexes 1 to 3, unless otherwise stated by this agreement.  GPA/O/LIE/1/Rev.1 
 Page 21 
 
 
ANNEX 5 
 
Services  
 
 
 The following services from the services sectoral classificati on list contained in 
document MTN.GNS/W/120 are included:     
Subject  
 
Maintenance and repair se rvices 6112, 6122, 633, 886 
 Land transport services, including armour ed car services,  712 (except 71235), 
and courier services, except  transport of mail 7512, 87304 
 
Air transport services of passengers and freight, except 73 (except 7321) 
transport of mail  Transport of mail by land, except rail, and by air 71235, 7321  
Telecommunications services 752 
 Financial services ex 81  (a) Insurance services 812, 814 
 
(b) Banking and investment services
1 
 Computer and related services 84  Accounting, auditing and bookkeeping services 862 
 
Market research and public  opinion polling services 864 
 Management consulting services  and related services 865, 866
2 
 
Architectural services;  en gineering services and  867 
integrated engineering serv ices, urban planning and  
landscape architectural services; related scientific and technical consulting services ; technical testing and  
analysis services  
Advertising services 871 
 Building-cleaning services and pr operty management 874, 82201-82206 
services  
Publishing and printing services on a fee or contract 88442 
basis 
                                                     
 
1 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 
2 Except arbitration and conciliation services  GPA/O/LIE/1/Rev.1 
Page 22  
 
Sewage and refuse disposal; sa nitation and similar services 94 
  
Notes to Annex 5  
 The Agreement shall not apply to: 
 1. service contracts awarded to an entity which is it self a procuring entity listed in Annex 1 or 2 on 
the basis of an exclusive right which it enjo ys pursuant to a published law, regulation or 
administrative provision. 
 
2. for the acquisition, development, producti on or co-production of programme material by 
broadcasters and contract s for broadcasting time.  GPA/O/LIE/1/Rev.1 
 Page 23 
 
 
ANNEX 6 
 
Construction Services  
 
 Definition:  
 
  A construction services contract is a contract  which has as its objective the realization by 
whatever means of civil or building works, in the sense of Division 51 of the Central Product 
Classification. 
  
List of Divisi on 51, CPC:   
 Pre-erection work at construction sites 511 
 General construction work for buildings 512  General construction work for civil engineering 513  
Installation and assembly work 514 
 Special trade construction work 515  Installation work 516 
 
Building completion and finishing work 517  Other 518 GPA/O/LIE/1/Rev.1 
Page 24  
 
ANNEX 7 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE IV 
  
A. Specific derogations by country 
 1. The Principality of Liechtenstein will not extend the benefits of this Agreement: 
  - as regards the award of contracts by entiti es listed in Annex 2 to the suppliers and 
service providers of Ca nada and the United States of America, 
  - as regards the award of contracts by entiti es listed in Annex 3 in  the following sectors: 
   - water:  to the suppliers and service providers of Canada and the United States 
of America; 
   - electricity:  to the suppliers and service providers of Canada, Japan and the 
United States of America; 
   - urban transport:  to the suppliers and service providers of Canada, Israel, Japan, 
Korea and the United States of America 
  until such time as the Principality of Liechten stein has accepted that the Parties concerned give 
comparable and effective access for undertakings of the Principality of Liechtenstein to the relevant markets; 
 
 - to service providers of Parties which do not include service contracts for the relevant 
entities in Annexes 1 to 3 and the relevant  service category under Annexes 5 and 6 in 
their own coverage. 
 2. The provisions of Article XV III shall not apply to suppliers  and service providers of:   
 
 - Israel, Japan and Korea in contesting the award of contracts by bodies governed by 
public law and not having an industrial or commercial character listed in Annex 2, 
paragraph 2, until such time as the Principali ty of Liechtenstein accepts that they have 
completed coverage of sub-central entities; 
 
 - Canada, Japan, Korea and the United States of America in contesting the award of 
contracts to a supplier or service provider of  Parties other than those mentioned, which 
are small- or medium-sized enterprises unde r the relevant provisions of the law of 
Liechtenstein until such time as the Principality of Liechtenstein accepts that they no longer operate disc riminatory measures in favour of certain domestic small and 
minority businesses; 
  - Israel, Japan and Korea in contesting the award of contracts by entities of the 
Principality of Liechtenstein, whose value is less than the threshold applied for the same category of contracts awarded by these Parties. 
 
3. Until such time as the Principality of Liec htenstein has accepted that the Parties concerned 
provide access for supplie rs and service providers to their own markets, the Principality of 
Liechtenstein will not extend the benefits of th is Agreement to suppliers  and service providers 
of:  GPA/O/LIE/1/Rev.1 
 Page 25 
 
 
 - Canada, as regards procurement of FSC 36, 70 and 74 (special industry machinery;  
general purpose automatic da ta processing equipment, software, supplies and support 
equipment (except 7010 ADPE c onfigurations);  office machines, visible record 
equipment and ADP equipment); 
 
 - Canada, as regards procurement of FSC 58 (communications, protection and coherent 
radiation equipment) and the United States of America as regards air traffic control equipment; 
  - Korea and Israel as regard s procurement by entities listed in Annex 3, paragraph (B) as 
regards procurement of HS Nos 8504, 8535,  8537 and 8544 (electri cal transformers, 
plugs, switches and insulated cables);  and for Israel, HS Nos 8501, 8536 and 902830; 
  - Canada and the United States of Amer ica as regards contracts for good or service 
components of contracts which, although awarded by an entity covered by this 
Agreement, are not themselves subject to this Agreement. 
 5. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and 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.   
 B. Liechtenstein understands that und er Article II, ch. 2 a) ii, the Agreement is not applicable to 
fund placements of insured person s conducted by public entities or  undertakings such as public 
insurance and pensions funds.  
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