COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 23.04.1998 
COM(1998) 203 final 
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&: III REPORT FROM THE COMMISSION 
CONCERNING NEGOTIATIONS REGARDING 
ACCESS TO THIRD CtMTRYPUBUC KldCÙRl^ 
IMHE FIELDS COVERËDBY 
DIRECTIVE 93/38 (THE UTILITIES DIRECTIVE). 
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TABLE OF CONTENTS 
TABLE OF CONTENTS 2 
INTRODUCTION 4 
A. SUMMARY OF THE NEGOTIATIONS 6 
B. AGREEMENTS IN FORCE (AS OF 31 DECEMBER 1997): BY INSTRUMENT 8 
1. The WTO Agreement on Government Procurement. 8 
1.1. Introduction. 8 
1.2. Procedural Rules 9 
1.3. The coverage of the G PA: contracting entities contained in the national offers. 10 
1.4. The Coverage of the G PA: supplies, services and construction services contracts. 14 
1.5. Consequence of the entry into force of the G PA with respect to Article 36 of Directive 
93/38. 15 
2. The Agreement on the European Economic Area: EFTA Countries. 15 
3. Association Agreements: Central and Eastern European Countries (CEECs). 16 
4. Procurement in the telecommunications sector. 17 
4.1. Introduction. - 17 
4.2. Israel, the bilateral agreement on procurement by telecommunications operators. 17 
4.3. Korea, the bilateral agreement on procurement by telecommunications operators. 18 
C. AGREEMENTS IN FORCE (AS OF 31 DECEMBER 1997): BY SECTOR 20 
D. NEGOTIATIONS CONCLUDED BUT AGREEMENTS NOT YET IN FORCE AS OF 31 
DECEMBER 1997 32 
1. Negotiations within the GPA framework: accession of new members. 32 
2. Association Agreements: Central and Eastern European Countries (CEECs). 32 
3. OECD: Convention on combating bribery. 33 
E. INFORMATION ON BARRIERS IN THE FIELD OF PUBLIC PROCUREMENT AND 
PROPOSED LINES OF ACTION. 34 
F. FURTHER NEGOTIATIONS 36 
1. WTO framework 36 
1.1. The GPA: implementation and review. 36 
1.2. The General Agreement on Trade and Services (GATS) 37 
1.3. The Singapore Ministerial Conference: mandate on transparency rules related to 
government procurement. 37 
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2. Bilateral negotiations. 38 
2.1. Customs Union Agreements: Turkey, Andorra and San Marino. 38 
2.2. Trade Agreements: Switzerland 39 
2.3. Association Agreements: Cyprus and Malta. 40 
2.4. Euro-Mediterranean Association Agreements: Israel, Jordan, Morocco, the 
Palestinian Authority, Tunisia and other Mediterranean Countries. 40 
2.5. Co-operation agreements providing for future negotiations. 42 
2.6. Co-operation agreements providing for simple co-operation. 43 
3. The telecommunications sector. 44 
G. HOW TO FIND OPPORTUNITIES ABROAD AND ENFORCE ONE'S RIGHTS. 45 
1. Information on opportunities in public procurement. 45 
2. The rights of European suppliers abroad. 46 
H. LIST OF AGREEMENTS CONCLUDED IN THE FIELD OF PUBLIC PROCUREMENT 
WHICH ARE IN FORCE AS OF 31 DECEMBER 1997 48 
1. List of Agreements 48 
2. Consequences of the entry into force of these agreements with respect to Article 36 of 
Directive 93/38/EEC. 50 
I. LIST OF AGREEMENT CONCLUDED IN THE FIELD OF PUBLIC PROCUREMENT 
WHICH ARE NOT YET IN FORCE AS OF 31 DECEMBER 1997. 52 
INDEX OF COUNTRIES 53 
INTRODUCTION 
This report describes the state of play as of 31 December 1997 regarding 
access for Community suppliers and service providers to third country 
markets in the fields covered by Directive 93/38/EEC of 14 June 1993, on 
the procurement procedures of entities operating in the water, energy, 
transport and telecommunications sectors ("the Utilities Directive")1. It is 
presented in accordance with Article 36 (6) and Article 37 (2) of that 
Directive. 
On 3 March 1993, the Commission presented a first progress report2 on 
negotiations in the fields covered by Directive 90/531/EEC of 17 September 
19903. This Directive has in the meantime been replaced by Directive 
93/38/EEC of 14 June 1993 covering supplies and works contracts as well 
as services contracts. A second progress report4 was presented by the 
Commission on 7 September 1994. Since then, no other reports have been 
presented by the Commission due to the fact that no further multi- nor 
bilateral agreements were concluded during the period immediately 
following the conclusion of the Uruguay Round. 
3. In 1996 and 1997 some progress has been made. Hence, the results 
obtained are presented in this report. However, in order to assess all the 
new (and prospective) implications of the negotiation processes, the 
Commission has preferred to present in this report not only the progress 
made, but also the general state of play in this field. This report therefore 
gives and, where necessary, up-dates information on the agreements which 
the Community has already signed with third countries and which cover 
procurement in the fields covered by the Directive, including the WTO 
Agreement on Government Procurement. 
After a summary of the negotiations in section A of the report, section B 
deals with the agreements in force, presented by legal instrument. Section 
C then presents the results by sector. Negotiation processes concluded but 
not yet in force are described in part D. Part E provides information on 
barriers in the field of public procurement and proposed lines of action. The 
current bilateral or multilateral negotiations that the Commission is 
conducting or could conduct with third countries in the same fields are 
described in part F. Information is given in section G on how to find 
1 OJ L 199/84, of 9 August 1993. 
2 COM (93) 80 final, of 3 March 1993. 
3 OJ L 297/1, of 29 October 1990. 
4 COM (94) 342 final, of 7 September 1994. 
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opportunities abroad, as well as on the rights from which European 
suppliers and service providers benefit. Finally, lists of all the relevant 
agreements and publication references are included in sections H and I. 
A. SUMMARY OF THE NEGOTIATIONS 
5. At multilateral level, the GPA entered into force on 1 January 1996. The 
Commission has started to monitor the implementation by other parties of 
the obligations set out in the Agreement. Negotiations with third countries 
for accession to the GPA have been completed for Aruba; Hong Kong, 
China5; Liechtenstein and Singapore which are now full GPA members. 
Discussions continue with Chinese Taipei6 and Panama on their offers. 
However, for Chinese Taipei GPA membership must await completion of 
the WTO accession procedure (see sections B.1 and D.1.1). 
6. However the most important results obtained by the Union in this period in 
terms of market access agreements in the field of public procurement are 
the conclusion of bilateral agreements with Israel and Korea, and the 
negotiations with Switzerland. 
7. Two agreements were reached with Israel. The first one deals with the 
bilateral broadening of the scope of the GPA for both parties. New 
commitments particularly concern the urban transport sector, which will now 
be open to EC suppliers. The second agreement concerns procurement by 
telecommunications operators. This bilateral agreement remains outside the 
scope of the GPA (see sections B.1 and B.4). 
8. A similar agreement has also been negotiated with Korea. It opens the 
Korean telecommunications equipment (and related services) market to 
European suppliers. The agreement only concerns the Korean public 
operator. However, in a separate memorandum, Korea is committed not to 
interfere in the procurement policy of the privately-owned 
telecommunications service providers (see section B.4): 
9. With respect to Switzerland, the Commission services have been 
negotiating with the Swiss authorities on a comprehensive agreement on 
public procurement. Agreement has been reached on virtually all issues, but 
can only be formalised as part of the wider negotiations package with 
Switzerland. It is expected that this agreement would open to EC suppliers 
all sectors covered by Directive 93/38, including procurement by public and 
private entities having exclusive and special rights (see section E.2.2). 
10. Further negotiations are envisaged with a number of countries pursuant in 
particular to those bilateral agreements already signed by the EC which 
provide for future negotiations. Also at multilateral level, three parallel 
Hong Kong, China is now the official name of this territory, this is therefore the name that 
will be used in this report. However, it must be noted that only Hong Kong is party to the 
WTO (and the GPA), while the rest of China is not. 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, hereinafter referred to 
as Chinese Taipei. 
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processes have started in 1997 within the WTO framework: an early review 
of the GPA, the negotiations on procurement rules on services and 
discussions on transparency in government procurement (see section F). 
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B. AGREEMENTS IN FORCE (AS OF 31 DECEMBER 1997): BY INSTRUMENT 
11. Several agreements concluded between the Community and other third 
countries in the fields covered by the directive have entered into force. The 
most important one is the Agreement on Government Procurement (GPA), 
a plurilateral agreement concluded within the framework of the World Trade 
Organisation (WTO) (see section 1). This agreement, however, does not in 
practice cover all the sectors covered by the Utilities directive. 
12. The framework established by the GPA is completed by other agreements 
which apply independently, such as the Agreement on the European 
Economic Area (see section 2 infra) or the bilateral agreements with the 
Central and Eastern European Countries (see section 3 infra). Finally, the 
telecommunications sector is dealt with in a separate section of this report 
(see section 4 infra). 
1. THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT. 
1.1. Introduction. 
13. In pursuance of Article IX:6(b) of the GATT Government Procurement 
Agreement (Tokyo Round), negotiations were undertaken with a view to 
broadening its coverage to entities at sub-central level and entities 
operating in utility sectors and extending it to cover works and other 
services contracts. The negotiations were conducted in the framework of 
the Uruguay Round and were concluded on 15 December 1993 in Geneva. 
The new Government Procurement Agreement ("the GPA") was signed on 
15 April 1994, subject to ratification, at the Marrakesh Ministerial 
Conference. It entered into force on 1 January 19967. 
14. At Community level, the GPA, as one of the plurilateral agreements in 
annex 4 to the Agreement establishing the WTO was concluded on behalf 
of the EC by a Council Decision8. The decision was adopted by the Council 
following the ratification procedure established in article 228 (3) second 
subparagraph, which requires the assent of the European Parliament. Such 
assent was delivered on 14 December 1994. 
7 As for Korea; Aruba; Hong Kong, China; Liechtenstein and Singapore, see infra. 
8 Council Decision 94/800/EC of 22 December 1994, OJ L 336/1, of 23 December 1994. 
Moreover, the text of the GPA was published in all the official languages of the EC later in 
1996 (OJ C 256/1, of 3 September 1996). 
-8 
15. The following countries are parties to the Agreement: Canada, the 
European Communities and fifteen Member States, Hong Kong, China, 9, 
Israel, Japan, Korea10, Liechtenstein11, the Kingdom of the Netherlands 
with respect to Aruba12, Norway, Singapore13, Switzerland and the 
United States. 
16. Seven WTO Members have observer status: Argentina, Australia, Bulgaria, 
Chile, Colombia, Iceland, Panama, Poland and Turkey. Two non-WTO 
members have also observer status: Chinese Taipei and Latvia. Observer 
status has been granted to the International Monetary Fund (IMF) and to 
the Organisation for Economic Co-operation and Development (OECD). 
The European Free Trade Association (EFTA) and the Inter-American 
Development Bank (IABD) have also requested observer status. Some of 
the countries having observer status have applied for accession to the 
agreement (see infra, section D.1). 
17. The GPA can be seen as consisting of two separate parts. The first part 
deals with procedural rules which covered entities must apply when 
awarding contracts (see point 1.2 infra), while the second part is made up of 
annexes detailing coverage for each of the Parties. Coverage depends on 
the contracting entity on the one hand (see point 1.3 infra) and on the 
supply, work or service concerned (v. point 1.4 infra). 
1.2. Procedural Rules 
18. The procedural rules lay down requirements regarding publicity for entities' 
intended procurement, qualification systems, calls for tender and contract 
awards; specification of goods, works and services in a manner intended to 
ensure that the market is open to a wide range of bidders; transparent 
procedures for the selection of candidates and the evaluation, of bids; 
objective criteria for the award of contracts announced in advance; and 
challenge procedures to ensure that bidders who find that their rights are 
not being respected can obtain timely redress. 
9 As regards Hong Kong, China, the instrument of accession was deposited on 20 May 1997 
and the agreement entered into force on 19 June 1997. 
10 As regards Korea, the agreement entered into force on 1 January 1997. 
11 As regards Liechtenstein, the instrument of accession was deposited on 19 August 1997 
and the agreement entered into force on 18 September 1997. 
12 As regards Aruba, the instrument of accession was deposited on 25 September 1996 and 
the agreement entered into force on 25 October 1996. 
13 As regards Singapore, the instrument of accession was deposited on.20 September 1997 
and the agreement entered into force on 20 October 1997. 
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19. The procedures laid down in the GPA are essentially identical to those of 
the Community's procurement Directives. Thus amendments to the latter 
were not really necessary. However, it has been considered appropriate to 
nevertheless slightly amend the EC directives on some points so as to 
simplify and clarify the application in practice of both the Directives and the 
GPA. A directive has been adopted modifying the classical sector 
directives14, the other directive modifying the utilities directive will be soon 
adopted. 
1.3. The coverage of the GPA: contracting entities contained in the national offers. 
20. The second part of the Agreement contains the specific national annexes 
which list the central and sub-central government entities15 and other public 
bodies and utilities which must carry out their procurement in line with the 
rules of the Agreement16. These rules only apply above predetermined 
thresholds, which may vary from one country to another (see section C, 
table 2 infra). The rights of the suppliers, contractors and service providers 
from each country party to the agreement vary according to the scope of the 
respective national offers under the Agreement. Consequently, the 
obligations of contracting entities are not the same within a particular sector 
with respect to the treatment to be accorded to suppliers, contractors and 
service providers from the other countries which are parties to the 
agreement. In addition, those obligations are not identical as regards the 
different sectors within one country. 
21. Coverage at central government level was reached on a Most Favoured 
Nation treatment basis, only for the countries party to the Agreement. At 
sub-central government level, agreement was reached on a reciprocal 
basis. 
22. Coverage in the utilities sector was also agreed on a reciprocal basis, 
strictly in line with the provisions of Article 36 of the EC Utilities Directive. 
The Community's reciprocal approach is reflected in the general notes and 
derogations from the principle of Most Favoured Nation treatment which are 
contained in its offer. 
14 See European Parliament and Council Directive 97/52/EC of 13 October 1997 amending 
Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordination of 
procedures for the award of public service contracts, public supply contracts and public 
works contracts respectively; OJ L 328/1, of 28 November 1997. 
15 Annexes 1 and 2 of Appendix I of the GPA. 
16 Annex 3 of Appendix I of the GPA. 
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23. A detailed analysis of the opportunities of access for EC suppliers to the 
markets of other Parties was given in a former Report17 with respect to the 
following parties: Canada, Israel, Japan, Korea, Norway, Switzerland and 
the United States. Since then, no changes have been produced, except for 
Israel with which the EC concluded a bilateral agreement expanding the 
scope of their GPA commitments. Details are given below. In addition, 
details are also given on the offers made by Aruba; Hong Kong, China; 
Liechtenstein and Singapore, as these are the countries that have joined 
the GPA since then. Interpretative tables by sector are provided in part C of 
this report. 
- Broadening the scope of the GPA with respect to existing contracting parties: Israel. 
24. Israel made no offer on urban transport; however, except for the bus 
services, it has been included in a bilateral agreement18. Article 36 therefore 
only applies to Israeli suppliers and service providers as regards bus 
services. This bilateral agreement also broadens the GPA bilaterally 
concerning certain services and procurement carried out by hospitals. 
25. In addition, the agreement goes beyond the GPA obligations, and Israel has 
also committed itself to applying the national treatment principle to EC 
suppliers, products and services with respect to procurement by the 
municipalities not covered by the list of sub-central entities in the GPA. 
17 COM (94) 342 final, of 7 September 1994. 
18 Negotiation of this bilateral agreement has been pursued in parallel with another bilateral 
agreements on procurement by telecommunications operators (see infra). See Council 
Decision of 24 February concerning the conclusion of two Agreements between the EC and 
the State of Israel on procurement by government and telecommunications operators, OJ L 
202/72, in particular pages 85 and seq., of 30 July 1997. The Agreement was signed on 10 
July 1997 and entered into force on 1st August 1997. 
11 
- The Aruban Offer. 
26. Aruba has made a comprehensive offer, including all sectors covered by 
the EC's final offer19, which includes publicly owned entities operating in the 
electrical, water, urban transport, port and airport sectors20. Aruba has gone 
even further by including in its list of commitments procurement by its 
telecommunications operator. 
- The Hong Kong, China offer. 
27. The Hong Kong, China offer includes the water, urban transport, port and 
airport sectors. The Water Supplies Department, the Environmental 
Protection Department and the Drainage Services Department are among 
the Central Government entities that procure in accordance with the 
provisions of the GPA. The thresholds above which the access to EC 
suppliers is guaranteed are 130 000 SDR for goods and services, and 
5 000 000 SDR for construction services. 
28. The two public contracting authorities in the field of urban transport are the 
Mass Transit Railway Corporation and the Kowloon Canton Railway 
Corporation. They operate the mass transit system, the suburban railway 
and the light railway. Moreover, the Mass Transit Railway Corp. will operate 
the new railway system for Hong Kong, China's second airport at Chek Lap 
Kok. Both corporations are included in the annex 3 of the Hong Kong, 
China offer. The thresholds that apply are 400 000 SDR for supplies and 
services and 5 000 000 SDR for construction services. Only the Peak 
funicular railway and the traditional street tramway fall outside the scope of 
GPA commitments. However, these two rail systems are owned by private 
operators. 
29. As regards airports, the Airport Authority is also included in annex 3 of the 
offer. Therefore, the same thresholds apply to those used in the urban 
transport sector. The Airport Authority is the main contracting authority for 
works projects in the airport sector, in particular for the new airport at Chek 
Lap Kok, already under construction. Equipment is procured through the 
New Airport Buying Group of the Procurement Division of the Government 
Supplies Department, which is included in the annex 1 list (Central 
Government). As a result, the thresholds are lower: 130 000 SDR for 
supplies. The Civil Aviation Authority is also included in the annex 1 list. 
19 Although as regards Aruba, there are some differences in the list of services and 
construction services committed. 
20 The other sectors covered by the Utilities Directive are not therefore included in the GPA, 
i.e.: energy other than electricity, transport other than urban transport and 
telecommunications. Award of services contracts by utilities in Spain is only subject to the 
GPA from 1 January 1997. In Portugal and Greece, award of any contract by utilities is not 
subject to the GPA prior to 1 January 1998. 
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30. The main procurement authority in the port sector is the Civil Engineering 
Department the Works Branch of the Government. The Marine Department 
and the Planning Department are advisory authorities which are also 
subject to the rules of the GPA. It has to be stressed that the port of Hong 
Kong, China and related industries account for approximately 15% of Hong 
Kong, China's GDP. It is the busiest container port in the world and its 
position on the South China Coast is of strategic importance, both as an 
entrepot for China as well as a hub port for Asian and World trade. 
31. Hong Kong, China has not offered its electricity sector in its list of 
commitments because of the private nature of the operators. However, the 
Hong Kong, China Government has made a commitment to self-denial, 
ensuring that it does not hold any interest in the electricity companies nor 
seeks to influence their procurement policy. The regulatory authority, 
Electrical and Mechanical Services Department, is itself included. Even 
though it does not operate the electricity network and does not supply 
services to the public, it procures electronic and electrical equipment for the 
needs of other public departments or projects, such as hospitals and 
government laboratories. Therefore, given that market access is 
guaranteed, the EC discriminatory provision will also be removed in this 
sector. 
32. However, challenge procedures will only be in place one year following the 
entry into force of the agreement. 
- The Liechtenstein offer. 
33. Liechtenstein is part of the European Economic Area. EC suppliers 
therefore benefit from a wider coverage under this Agreement than under 
the GPA (see infra section B.2). As a result, it is unnecessary to give details 
on its GPA offer. 
- The Singapore offer. 
34. The Singapore offer includes contracting authorities in the urban transport, 
port and airport sectors. As regards water supply, Singapore relies to a 
great extent on water supplies from Malaysia and Indonesia. As a result, the 
Singapore Government was unable to offer a commitment in this sector. 
Only procurement through the Ministry of Environment or through the 
Ministry of Trade and Industry would be subject to the GPA. In particular, 
sewerage and pollution control are the responsibility of the Ministry of the 
Environment. The threshold values for the Central Government authorities 
are 130 000 SDR for supplies and services, and 5 000 000 SDR for 
construction services. 
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35. With respect to electricity, the Singapore Government is in the process of 
privatising Singapore Power, the public operator, which is not bound by the 
Agreement. As a result, only procurement done by the Ministry of Trade and 
Industry will be subject to the GPA. In this regard, the European Community 
will mirror Singapore's offer by including a reference in the EC General 
Notes to the Agreement. As a result article 36 Community preference of the 
Utilities Directive will not be waived in the electricity sector vis-à-vis 
products originating in Singapore. 
36. The Maritime and Port Authority of Singapore, the Land Transport Authority 
of Singapore and the Civil Aviation Authority of Singapore are the main 
contracting authorities for the port, urban transport and airport sectors. All of 
them are included in the list of commitments. The threshold values are 
400 000 SDR for goods and services and 5 000 000 SDR for construction 
services. As a result, article 36 discriminatory provisions will be removed 
with respect to these three sectors. 
1.4. The Coverage of the GPA: supplies, services and construction services 
contracts. 
37. The contracts concerned by the GPA are supplies, services and 
construction services. As regards supply of goods, all products are covered 
by the Agreement (if the contracting entity is covered). The only exceptions 
apply to defence and a very limited number of other products. 
38. As regards services and construction services contracts, only the categories 
listed by each country in annexes 4 and 5 of Appendix I are covered by the 
GPA. Moreover, some countries apply the principle of reciprocity for each 
category of service. This entails that a contracting entity of one of the 
parties to the agreement is obliged to ensure equal treatment of requests 
for participation and tenders from the European Union only where the EU 
has accepted to open its markets for the service in question to service 
providers from that particular country (see tables in part C infra)21. 
39. In addition, GPA commitments in the services sectors are only binding with 
reference to their respective schedule of commitments in the General 
Agreement of Trade and Services (GATS). In other words, procurement in 
sectors specified is only opened to GPA members to the extent that the 
services sector in question has been covered in the GATS schedule of 
commitments of the offeror country. 
21 However, it must be recalled that with respect to the United States, EU service providers 
have access to the US contracts at sub-federal level, although EC service contracts at sub-
federal level are closed to the US service providers. This situation derives from the bilateral 
agreement and is linked to the limited number of entities committed by the US at sub-
federal level. 
14 
1.5. Consequence of the entry into force of the GPA with respect to Article 36 of 
Directive 93/38. 
40. Article 36 of the Utilities Directive allows for a Community preference, but 
provides that this shall apply only to tenders comprising products originating 
in third countries with which the Community has not concluded, 
multilaterally or bilaterally, an agreement ensuring comparable and effective 
access for Community undertakings to the markets of those countries. 
41. Following the conclusion of the GPA and the bilateral agreement with the 
US expanding its coverage, Article 36 of Directive 93/38 no longer applies 
in the fields covered by these agreements to tenders comprising products 
originating in the countries signatories to the GPA, depending on their offer. 
To make clear this consequence of the GPA, an explanatory declaration 
was published in the Official Journal22. See section G.2 infra, for more 
information. 
2. THE AGREEMENT ON THÉ EUROPEAN ECONOMIC AREA: EFTA COUNTRIES. 
42. The Agreement on the European Economic Area ("the EEA Agreement") 
signed on 2 May 1992 by the Community, its Member States and the EFTA 
Countries, provides in its Article 65 and Annex XVI that the provisions of the 
Utilities Directive be applied in the EFTA Countries23. The EEA Agreement 
entered info force on January 1994 for the following EFTA Countries: 
Austria, Finland, Iceland, Norway and Sweden; and on January 1996 for 
Liechtenstein. As regards Norway, complete reciprocal opening was 
achieved by the end of the derogation period (31 December 
1994).Following enlargement of the European Union on January 1, 1995 
with Austria, Finland and Sweden, the three remaining EFTA countries 
bound by the public procurement provisions of the EEA Agreement are 
Iceland (since 01.01.1994), Liechtenstein (since 01.01.1996) and Norway 
(since 01.01.1995). 
22 See OJ C 322/9, of 9 December 1995, Entry into force of the WTO Agreement on 
Government Procurement in the light of Article 36 of Directive 93/38/EEC. 
23 See OJ L 1/3, of 3 January 1994. 
15 
3. ASSOCIATION AGREEMENTS: CENTRAL AND EASTERN EUROPEAN COUNTRIES (CEECS). 
43. The Community has signed a number of bilateral agreements with most of 
the CEECs. Most of these agreements, the so-called "Europe Agreements" 
are association agreements which provides for the preparation of the 
signatory countries for future accession to the EU. The European Council 
meeting in Copenhagen in June 1993 established that those countries that 
had signed "Europe Agreements" with the EU could be eligible for 
membership. Currently, only six out of the ten Europe Agreements 
negotiated are in force: Bulgaria24, the Czech Republic25, Hungary26, 
Poland27, Romania28 and the Slovak Republic29. 
44. The "Europe Agreements", contain a public procurement clause. This 
clause, almost identical in all of these six agreements, establishes that 
companies of the CEEC concerned enjoy full access to the contract award 
procedures in the Community under conditions no less favourable than 
those applied to Community companies. 
45. National treatment has also been granted to Community companies 
established under specific forms in the countries concerned. These must be 
joint-ventures and subsidiaries. Branches or agencies are excluded. This is 
clearly indicated in the agreements with Romania and Bulgaria. As for the 
other four agreements, there is a complementary exchange of letters with 
the same intention30. 
46. By the end of the transitional periods, which for these 6 countries are of ten 
years from the entry into force of the agreements, national treatment will be 
granted to all Community companies and full access to procurement will be 
established on a reciprocal basis31. Until such time, article 36 still applies. 
24 OJ L 358, of 31 December 1994, in force from 1 February 1995. See Art. 68. 
25 OJ L 360, of 31 December 1994, in force from 1 February 1995. See Art. 68. 
26 OJ L 347, of 31 December 1993, in force from 1 February 1994. See Art. 66. 
27 OJ L 348, of 31 December 1993, in force from 1 February 1994. See Art. 67. 
28 OJ L 357, of 31 December 1994, in force from 1 February 1995. See Art. 68. 
29 OJ L 359, of 31 December 1994, in force from 1 February 1995. See Art. 68. 
30 See OJ L 347/267 of 31 December 1993; OJ L 348/182 of 31 December 1993 for Poland; 
OJ L 359/212 of 31 December 1994 for the Slovak Republic and OJ L 360/212 of 31 
December 1994 for the Czech Republic. 
31 The end of the transitional periods for these countries will be: 31 January 2004 for Hungary 
and Poland; and 31 January 2005 for Bulgaria, the Czech Republic, Romania and the 
Slovak Republic. 
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PROCUREMENT IN THE TELECOMMUNICATIONS SECTOR. 
4.1. Introduction. 
47. Parties signatories to the EEA must apply the EC rules on public 
procurement, which include procurement in the telecommunication sector. 
EC suppliers therefore have access to the markets of Iceland, 
Liechtenstein and Norway. 
48. The telecommunications sector was not included in the GPA, and the EC 
withdrew its offer on telecommunications in the closing stages of the 
negotiations in the absence of any credible counter offer from other major 
Parties. As a result, most parties to the GPA decided not to bind the 
procurement of their telecommunications operators under the agreement. 
Only Aruba has completely bound its telecommunications operator (Setar) 
to the rules of the agreement. While Israel offered its national 
communications company on a reciprocal basis, Korea also included its 
public operator (Korea Telecom), except for procurement of 
telecommunications equipment. 
49. Hence, negotiations with Israel were pursued outside the GPA framework 
leading to the conclusion of a bilateral agreement. Following the entry into 
force of the Korea-US telecommunications agreement which discriminates 
against European suppliers, the EC also negotiated an agreement with 
Korea outside the GPA framework on the access to the Korean market of 
telecommunications equipment. 
50. As a result, Article 36 of the Utilities Directive is only waived in this sector 
with respect to Iceland, Liechtenstein, Norway, Aruba, Israel and Korea. 
4.2. Israel, the bilateral agreement on procurement by telecommunications 
operators. 
51. The first bilateral agreement concluded in this sector is the one negotiated 
with Israel. During the negotiations of the GPA, Israel offered its national 
communications company, Bezeq, on a reciprocal basis (with the exception 
of the procurement of cables). As the Community finally withdrew its offer in 
this sector, bilateral negotiations started between Israel and the EC 
covering telecommunications and other sectors (mainly urban transport, v. 
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supra section 1.3) which have led to the conclusion of the bilateral 
agreement on procurement by telecommunications operators32. 
52. As regards Israel, the agreement covers procurement by Bezeq, mobile 
telecommunication operators, cable operators when they provide 
telecommunication services, and international operators. The EC 
telecommunications operators are those which must already follow the rules 
set out in Directive 93/38. Standard procurement and challenge procedures 
apply to contracts above certain thresholds: SDR 355 000 as regards 
supplies and services, and SDR 8 500 000 as regards construction services 
in the case of Israel. Thresholds in the case of the EC are equal to those in 
the directives (ECU 600 000 and ECU 5 000 000 respectively). With respect 
to services, including construction services, this Agreement applies to those 
listed in Annex II of the Agreement. In any case, the principle of non­
discrimination applies to all procurement contracts by telecommunications 
operators, regardless of their value. 
53. The agreement takes into account the particular provision of the EC Utilities 
Directive which establishes that procurement rules shall not apply to 
contracts awarded by telecommunications operators that are operating 
under full and effective competition in accordance with relevant legislation33. 
It also foresees that the entry into force of the agreement as regards 
Portugal and Greece shall not be before 1 January 1998. 
4.3. Korea, the bilateral agreement on procurement by telecommunications 
operators. 
54. Following intense negotiations with Korea, the EC has reached an 
agreement with Korea to open its telecommunications equipment (and 
related services) market to European suppliers34. The value of the Korean 
annual market is around US$ 6 billion. It has to be remembered that Korea 
Telecom is already included in Annex 3 of the Korean offer in the GPA for 
procurement other than telecommunications equipment. 
32 Negotiations of this bilateral agreement have been carried out in parallel with another 
bilateral agreement on procurement by telecommunications operators (v. supra). See 
Council Decision of 24 February concerning the conclusion of two Agreements between the 
EC and the State of Israel on procurement by government and telecommunications 
operators, OJ L 202/72, in particular pages 74 and seq., of 30 July 1997. The Agreement 
was signed on 10 July 1997 and entered into force on 1st August 1997. 
33 See article 8.1 of the Utilities Directive (loc.cit), and art. 1.6 of the Agreement. 
34 See Council Decision of 22 April 1997 concerning the conclusion of an Agreement on 
telecommunications procurement and an Agreement in the form of a memorandum 
concerning the procurement of private telecommunications operators between the 
European Community and the Republic of Korea, OJ L 321/30, of 22 November 1997. The 
Agreement was signed on 29 October 1997 and entered into force on 1st November 1997. 
- 18-
55. The agreement only binds the network of Korea Telecom, the government-
owned operator, which accounts for some 80% of the Korean market. In 
addition, private operators tender for contracts in an independent and non­
discriminatory way. As a result of the agreement, Korea will remove 
discriminatory procurement legislation and practices, and the EC will cease 
to apply Article 36 of the Utilities directive. 
56. Standard procurement and challenge procedures apply to contracts above 
certain thresholds: SDR 450 000 in the case of Korea. Thresholds in the 
case of the EC are equal to those in the directives (ECU 600 000). In any 
case, the principle of national treatment applies to contracts above SDR 
130 000. 
57. The agreement takes into account the particular provision of the EC Utilities 
Directive which establishes that procurement rules shall not apply to 
contracts awarded by telecommunications operators that are operating 
under full and effective competition in accordance with relevant legislation35. 
It also provides that the entry into force of the agreement as regards 
Portugal and Greece shall not be before 1 January 1998. 
58. Although the Agreement only entered into force on 1st November 1997, 
Korea Telecom accepted preliminary proposals for qualification by 
European suppliers from the date of initialisation (22 November 1996). As a 
result, a European firm was able to win a contract valued at US$ 30 million 
in early December 1996. 
35 See article 8.1 of the Utilities Directive (loc.cit), and art. 1.5.2 of the Agreement. 
19-
C. AGREEMENTS IN FORCE (AS OF 31 DECEMBER 1997): BY SECTOR 
59. Tables 1.1 and 1.2 below describe the rights of suppliers, contractors and 
service providers of the EU in third countries as regards access to 
procurement markets in the various utility sectors. Access is granted above 
the threshold values indicated in this table. 
60. However, it should be noted that only the EEA countries and Switzerland 
follow the sectoral approach which is used in the EU, that is, opening or 
closing a complete sector to suppliers of a particular country. As regards the 
other countries, they bind certain contracting entities which operate in these 
fields36. In some cases, access can be rather reduced because of the 
limited number of entities covered. In those circumstances, due to the 
absence of comparable access, the EU has not given national treatment in 
the sector in question. Nevertheless, EU companies may benefit from 
national treatment in this particular sector with respect to that limited 
number of entities offered by the third country37. 
61. Table 2 contains the exchange values in national currencies of the 
thresholds established by the GPA in Special Drawing Rights. 
62. As regards services and construction services, the list of services or 
construction services covered by each country in those sectors may be 
different. Details are given in tables 3.1 to 3.10 and tables 4.1 to 4.10. 
36 However, these contracting entities could be government departments or local authorities, 
covered as such under Annexes 1 and 2 of the GPA. They are not therefore necessarily 
contained in Annex 3 of the GPA. 
37 This is particularly the case as regards the United States, given the balance reached in the 
bilateral agreement. For instance, EU companies have access to contracts awarded by 
some airports in the US. However, given their limited number, the EU has not opened its 
airport sector to US suppliers. 
-20-
-Table 1.1: Rights of suppliers, contractors and service providers of the EU in third 
countries. 
Access is granted above the threshold values indicated in this table (a). Please 
note that the sectors are only indicative. The full list of contracting entities for the 
country in question should be consulted (b). 
Countries 
Sectors 
WATER 
ELECTRICITY 
ENERGY 
NETWORKS 
OTHER THAN 
ELECTRICITY 
ENERGY 
(exploitation of 
geographical 
area) 
PORTS 
AIRPORTS 
URBAN 
TRANSPORT 
NETWORKS 
TRANSPORT 
NETWORKS 
OTHER THAN 
URBAN 
TRANSPORT 
TELECOMS Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Sectors 
Countries EEA countries: 
Iceland, Norway 
& Liechtenstein. 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EEA countries: 
Iceland, Norway & 
Liechtenstein ARUBA 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
3t^>,.>-^ .- ftp 
»• * j ,{•.'5, 
•t~f& s?$$?"h*' 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
>/*'., »„~x- • •' 
:ft#t H*;;^% 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
ARUBA CANADA 
'•-% ' 
* *•• " *'". ^ 
^» » ' '" -» S. 
r '>%'-4%^ • »r k 
*£r***^S\*f*." %** t 
4% «*^v"^CC#s? 
&eilifsfri 
«\*;i^?^Sff 
*.., • -*1 * 
* < 
CANADA HONG KONG, 
CHINA 
130 000 SDR 
5 000 000 SDR 
130 000 SDR 
Privatised 
(no barriers) 
Privatised 
(no barriers) 
Privatised 
(no barriers) 
k ;lflfK-"-'•'." 
I* '•":•'^'•-"•-'.' • 
^'. ~':^|«-*3f;f' ' ; 
:" - £':§K;~k':'.':•.' 
V ' .^i'*'i;^'::;:'-,v .. 
130 000 SDR 
5 000 000 SDR 
130 000 SDR 
4 000 000 SDR 
5 000 000 SDR 
400 000 SDR 
4 000 000 SDR 
5 000 000 SDR 
400 000 SDR 
* '•'•'. 
•*; ~ *. • " ' 
*S '"/»•'" > 
, "•,-. *• 
.." • 
HONGKONG, 
CHINA ISRAEL 
355 000 SDR 
8 500 000 SDR 
355 000 SDR 
355 000 SDR 
8 500 000 SDR 
355 000 SDR 
I'-,' "^'' •.', ^ "/I ' •- ' ''• 
.^'^P^tvArS 
§-S.::^:p:-r^ 
',v-I.&tf } Ji:^?fc.'t^S 
355 000 SDR 
8 500 000 SDR 
355 000 SDR 
355 000 SDR 
8 500 000 SDR 
355 000 SDR 
355 000 SDR 
(c) 
8 500 000 SDR 
(c) 
355 000 SDR 
(c) 
* .* 
,•*. 
355 000 SDR 
8 500 000 SDR 
355 000 SDR 
ISRAEL 
21 
- Table 1.2: Rights of suppliers, contractors and service providers of the EU in third 
countries. 
Access is granted above the threshold values indicated in this table (a). Please 
note that the sectors are only indicative. The full list of contracting entities for the 
country in question should be consulted (b). 
Countries 
Sectors 
WATER 
ELECTRICITY 
ENERGY 
NETWORKS 
OTHER THAN 
ELECTRICITY 
ENERGY 
(exploitation of 
geographical 
area) 
PORTS 
AIRPORTS 
URBAN 
TRANSPORT 
NETWORKS 
TRANSPORT 
NETWORKS 
OTHER THAN 
URBAN 
TRANSPORT 
TELECOMS 
Sectors 
Countries Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services 
Supplies 
Works 
Services JAPAN 
130 000 SDR 
15 000 000 SDR 
130 000 SDR (d) 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
EC directives 
130 000 SDR 
15 000 000 SDR 
130 0.00 SDR (d) 
130 000 SDR 
15 000 000 SDR 
130 000 SDR (d) 
130 000 SDR 
some rail entities 
15 000 000 SDR 
some rail entities 
130 000 SDR 
only some rail 
entities (d) 
130 000 SDR 
some rail entities 
15 000 000 SDR 
some rail entities 
130 000 SDR 
only some rail 
entities (d) 
JAPAN KOREA 
450 000 SDR 
15 000 000 SDR 
450 000 SDR 
450 000 SDR 
15 000 000 SDR 
450 000 SDR 
450 000 SDR 
some entities 
15 000 000 SDR 
some entities 
450 000 SDR 
some entities 
450 000 SDR 
some entities 
15 000 000 SDR 
some entities 
450 000 SDR 
some entities 
130 000 SDR 
5 000 000 SDR 
130 000 SDR 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
Excluded for EU 
450 000 SDR 
(g) 
15 000 000 SDR 
450 000 SDR 
KOREA SINGAPORE 
In the process of 
privatisation 
,•. . , '•' . 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
SINGAPORE SWITZERLAND 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
'-
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
SWITZERLAND USA 
Mostly excluded 
Mostly excluded 
Mostly excluded 
400 000 SDR 
5 000 000 SDR 
400 000 SDR 
Certain services 
excluded 
400 000 SDR (e) 
5 000 000 SDR 
400 000 SDR (f) 
Certain service: 
excludec 
Mostly excluded 
Mostly excluded 
Mostly excluded 
Mostly excluded 
Mostly excluded 
Mostly excluded 
U.S.A. 
22 
( a ) Thresholds indicated here correspond to the thresholds indicated in the different Annexes 3, which generally include entities operating in 
those sectors. However, contrary to the EU annexes, it might be possible to find a contracting entity operating in these sectors which is 
included in annex 1 (e.g. national port authority) or 2 (e.g. municipal utility). In those cases, the thresholds applicable are the ones indicated 
in those annexes. Table 2 below contains all the thresholds with the equivalent of SDRs in national currencies. 
( b ) See the relevant agreement. In most cases it will be the GPA. 
( c ) Except entities operating bus services 
( d ) The threshold for architectural, engineering and other technical services covered by the Agreement (i.e. CPC reference n" 867 except 
86712-13, 22, 24 and 86727) in Japan is 450 000 SDR. 
( e ) For certain contracting entities in the USA, the threshold for supplies and services is the equivalent in SDR of US $ 250 000. 
( f ) Contracts regarding naval construction excluded. 
( g ) Procurement by Korea Telecom is included in the GPA, except for telecommunications equipment, which is the subject of a separate 
bilateral agreement. 
(*) AS REGARDS SERVICES AND WORKS, SEE TABLES 3.1 TO 3.10 AND 4.1 TO 4.10. 
- Table 2: Equivalence of SDR (Special Drawing Rights) in national currencies 
COUNTRY 
EEA COUNTRIES: ICELAND, 
LIECHTENSTEIN AND NORWAY 
ARUBA 
CANADA* 
HONG KONG, CHINA 
ISRAEL 
JAPAN 
1 TYPE OF CONTRACT 
Supplies, services and works. 
Supplies and services 
GPA, Annex 1 
Supplies and services 
GPA, Annex 3 
Construction services 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Supplies and services 
GPA Annex 3 
Construction services 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Supplies and services 
GPA Annex 3 
Construction services 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Supplies and services 
GPA Annex 3 
Construction services 
Supplies and certain services 
GPA Annex 1 &3 
Supplies and certain services 
GPA Annex 2 
Architectural, engineering and other 
technical services -
GPA Annex 1 &3 
Architectural, engineering and other 
technical services -
GPA Annex 2 
Construction services 
GPA Annex 1 
Construction services 
GPA Annex 2 & 3 THRESHOLD 
VALUE - SDR 
Thresholds 
established in 
Directive 93/38 
130 000 
400 000 
5 000 000 
130 000 
-
355 000 
5 000 000 
130 000 
200 000 
400 000 
5 000 000 
130 000 
250 000 
355 000 
8 500 000 
130 000 
200 000 
450 000 
1 500 000 
4 500 000 
15 000 000 THRESHOLD VALUE IN 
NATIONAL CURRENCY 
Thresholds 
established in Directive 93/38 
HK $ 1 433 000 
HK $ 2 204 000 
HK $ 4 409 000 
HKS55 109 000 
US$ 190 000 
US $ 366 000 
US$519 000 
US$ 12 430 000 
Yen 18 000 000 
Yen 28 000 000 
Yen 65 000 000 
Yen 210 000 000 
Yen 650 000 000 
Yen 2 160 000 000 
-23-
KOREA 
SINGAPORE 
SWITZERLAND 
UNITED STATES OF AMERICA 
• Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Supplies and services 
GPA Annex 3 
Construction services 
GPA Annex 1 
Construction services 
GPA Annex 2 & 3 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 3 
Construction services 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Supplies and services 
GPA Annex 3 
Construction services 
Supplies and services 
GPA Annex 1 
Supplies and services 
GPA Annex 2 
Certain supplies and services 
GPA Annex 3 
Certain supplies and services 
GPA Annex 3 
Construction services 130 000 
200 000 
450 000 
5 000 000 
15 000 000 
130 000 
400 000 
5 000 000 
130 000 
200 000 
400 000 
5 000 000 
130 000 
355 000 
400 000 
-
5 000 000 Won 151 000 000 
Won 233 000 000 
Won 524 000 000 
Won 5 830 000 000 
Won 17 490 000 000 
SFR 248 950 
SFR 383 000 
SFR 766 000 
SFR 9 575 000 
US$ 190 000 
US$519 000 
US $ 585 000 
US $ 250 000 
US$7311 000 
* Canada has made no commitments as yet in the fields of water, energy, 
transport and telecommunications. 
-24 
Tables 3.1 to 3.10: List of services covered with respect to EU service providers 
Table 3.1. EEA countries: Iceland, Liechtenstein and Norway 
SERVICE TPCH^"*"1""''^'**"* 
All services listed in annex XVIA and XVIB of Directive 93/38/EEC 
Table 3.2. Aruba 
SERVICE ~~"~™ «-^^— cpc NO 
Legal services ~861 
Accountancy ' 862 
Taxation services ,- 863 
Engineering services -:•'. •• •. • -.. 8672 
Computer services 841 
Management consulting services - • ••••-.' 865 - ' 
Franchising •-• - 8929 
Insurance 812,814 
Banking and securities trade 811,813 
Hotel lodging services . 6411 
Entertainment services ; 9619 
Recreation park and beach services .. 96491 
Sporting services - • . . • 9641 . 
Shipping (freight and passenger transport) . ___ 72 
Maritime auxiliary services: cargo handling 74_ 
Freight transport agency services/freight forwarding 74 
Maritime auxiliary services: storage/warehousing ,- 74 • 
Road transport - . 71231,71234,71239 
Table 3.3. Canada 
SERVICE CPCN0 
Canada has made no commitments as yet in the fields of water, energy, transport and 
telecommunications. 
Table 3.4. Hong Kong, China 
TERVIC^E,"",",,,,,,^ CPCN" 
Computer and related services 843, 844, 845, 849 
Rental/Leasing services without operators ; v 83101 to 83106, 83109 
Maintenance and repair of equipment . - . 633| 8861. 8866 
Market research & public opinion polling services 864 
Security services 87304 • 
Building cleaning services • 874 
Advertising services ; ; 871 
Courier services 
Telecommunications services (Provisions of certain types of service may require licensing 7523, 843, 7521. 7529, 
under the Telecommunications ordinance). . ; 754 
Environmental services (sewage, refuse disposal) 9401, 9402 
Financial services (there Is a list of exceptions: 81402, 81339, 8119, 81323, 81339, 81319, Ex 81 
8131, 8133, 81339. 81333, 81321) • • 
Air transportation services (excluding transportation of mail) 731,732, 734 
Road transport services 712,6112,8867 
-25-
Table 3.5. Israel 
SERVICE CPCN" 
Architectural services 8672-3 
Engineering services 8671 
Urban planning 8674 " 
Computer and related services 841-3 
Advertising services 871 
Market research and public opinion 864 
Management consulting 865-6 
Environmental services 9401-5 
Table 3.6. Japan 
SERVICE CPCN0 
Maintenance and repair services of motor vehicles 6112 
Maintenance and repair services of motorcycles and snowmobiles 6122 
Other land transport services (except 71235 Mail transportation by land) 712 
Rental services of seagoing vessels with operator 7213 
Rental services of non-sea-going vessels with operator 7223 
Air transport services (except 73210 Mail transportation by air) 73 
Freight transport agency services •: . ; 748 
Courier services . ; 7512 
Telecommunications services ; 
- Electronic mail 7523 
- Voice mail ' 7521 
- On-line information and data base retrieval 7523 
- Electronic data interchange (EDI) 7523 
- Enhanced facsimile services 7529 
- Code and protocol conversion :.' 7523 
- On-line information and/or data processing (including transaction processing) 7523 
Computer and related services - ; 84 
Market research and public opinion polling services 864 
Architectural, engineering and other technical services . 867 
Advertising services . • 871 ' 
Armoured car services .••.----• 87304 
Building-cleaning services • -,- - 874 
Publishing and printing services 88442 
Repair services incidental to metal products, machinery and equipment . 886 
Sewage and refuse disposal, sanitation and other environmental protection services 94 
Notes: 
6112 
7512 
867 
88442 Maintenance and repair services are not included with respect to those motor vehicles, motorcycles and snowmobiles 
which are specifically modified and inspected to meet regulations of the entities. 
Courier services are not included with respect to letters. 
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 combination of final plans, specifications and cost estimates of 
either CPC 86722 Engineering design services 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 during the construction and installation phase. 
Publishing and printing services are not included with respect to materials containing confidential information. 
Table 3.7. Korea 
In the Korean General Notes it is specified that a service listed in Annex 4 
is covered with respect to a particular Party only to the extent that such 
Party has included that service in its Annex 4. In practice, this means that 
only the following list of services is covered with respect to EL) service 
providers: 
26 
SERV\CE'mmmmm~mm~mmm~m^~m°mmmm~mm j CPCN" 
Maintenance and repair of equipment ~" 633, 8861, 8862, 8863. 
8864, 8865, 
Maintenance and repair of vessels 8866 
Land transport services: only transportation of containerized freight, excluding cabotabe 71233 
Telecommunications services: electronic mail, voice mail, on-line information and dta-base 7523 
retrieval, electronic data interchange, enhance/value-added facsimile services including store 
and forward, store and retrieve 
Computer and related services: 
- Consultancy services related to the installation of computer hardware 841_ 
- software implementation services 842 
- data processing services ; 843 
- data base services 844 
- maintenance and repair services of office machinery and equipment (including 845 
computers) 
Accounting, auditing and bookkeeping services . 862 
Market research and public opinion polling services 864 
Management consulting services and projet management services 865, 36601 
Architectural services 8671 
Engineering services ; 8672 
Integrated engineering services 8673 
Urban planning and landscape architectural services; related scientific and technical 8674 
consulting services; technical testing and analysis services 
Related scientific and technical consulting services 86751, 86752 
Composition and purity testing and analysis services (only inspection, testing and analysis 86761, 
services of air, water, noise level and vibration level) 
Technical inspection services 86764 
Advertising Agency services 8711, 8719 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; sanitation and similar services: 
- Refuse water disposal services (only collection and treatment services of industrial waste 9401 
water) \ 
- Industrial refuse disposal services (only collection, transport and disposal services of 9402 
industrial refuse) ' . 
- Cleaning services of exhaust gases and noise abatement services (services other than 9404, 9405 
Iconstruction work services) . . I 
- Environmental testing and assessment services (only environmental impact assessment 9406, 9409 I 
services) | 
Table 3.8. Singapore 
SERVICE CPC N° 
Accounting, Auditing and Book-keeping services 862 
Architectural services . 8671 , 
Management and consulting services . \ 865 
Building-cleaning services 874 
Hotels and restaurants find. Catering) . 641-643 
Travel Agencies and Tour operators 74710 
Tourist guide services 7472 
Data Processing Services 843 
Database Services 844 
Veterinary Services ; ~ 932 
Consultancy services related to the installation of computer hardware 84100 
Systems and Software consulting services 84210 
Translation and interpretation services 87905 
Eledronic Mail • • ; 7523 
Voice Mail 7523 
On-line information and database retrieval 7523 
Electronic Data Interchange 7523 
Motion picture or videotape production services 96112 
Motion picture or videotape distribution services 96113 
Motion picture projection services 96121 
Videotape projection services 96122 
Library services 96311 
Engineering services 8672 
Courier services 7512 
Biotechnology services 
Exhibition services 
Commercial market research 
Interior design services, excluding architedure 
Professional, advisory and consulting services relating to agriculture, forestry, fishing and 
27-
I mining, induding oilfield services 
Table 3.9. Switzerland 
SERVICE CPC N" 
Maintenance and repair services . 6112,6122,633,886 ~ 
Land transport services, induding armoured car services, and courier services, except transport 712 (except 71235), 
Of mail , ; 7512,87304 
Air transport services of passengers and freight, except transport of mail 73 (except 7321) 
Transport of mail by (and, except rail, and by air > 71235, 7321 • 
Telecommunications services 752* (except 7524, 7525, 
' • 7526) 
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 867 
and landscape architectural services; related sdentific and technical consulting services; 
technical testing and analysts services -
Advertising services . 871 
Building-deaning services and property management services 874, 82201 - 82206 
Publishing and printing services on a fee or contrad basis 88442 
Sewage and refuse disposal; sanitation and similar services 94 
except voice telephony, telex, radiotelephony, paging and satellite services. 
except contrads for financial services in connection with the issue, sale, purchase or transfer of securities or other 
finandal instruments, and central bank services. In Finland payments from governmental entities (expenses) shall be 
transacted through a certain credit institution (Postipankki Ltd) or through the Finnish Postal Giro System. In Sweden, 
payments to and from governmental agencies shall be transacted through the Swedish Postal Giro System (Postgiro). 
except arbitration and condliation services. 
Table 3.10. United States of America 
In principle, all services listed in the Universal List of Services (document 
MTN.GNS/W/120) are covered, except the following categories, which are 
excluded: 
1 All transportation services, including Launching 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. 
Dredging. 
All services purchased in support of military forces located overseas. 
Management and operation contracts of certain government or 
privately-owned facilities used for government purposes, including 
federally-funded research and development centers (FFRDCs). 
Public utilities services, including telecommunications and ADP-
related telecommunications services except enhanced (i.e., value-
added) telecommunications services. 
Research and Development. 
Printing Services (for Annex 2 -subfederal- entities only) 
28 
However, in the General Notes it is specified that a service listed in Annex 
4 is covered with respect to a particular Party only to the extent that such 
Party has included that service in its Annex 4. In practice, this means that 
only the following list of services is covered with respect to EU service 
providers: 
SERVICE CPCN" 
Maintenance and repair services 6112,6122,633,886 
Land transport services, Only 7512, 87304 
Telecommunications services* * 752* (except 7524,7525, 
. 7526) 
Finandal 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 867 
planning and landscape architectural services; related sdentific and technical consulting 
services; technical testing and analysis services • • 
Advertising services • 871 
Building-deariing services and property management services 874, 82201 -82206 
Publishing and printing services on a fee or contrad basis 88442 
Sewage and refuse disposal; sanitation and similar services 94 
except voice telephony, telex, radiotelephony, paging and satellite services. 
except contracts for financial services in connection with the issue, sale, purchase or transfer of securities or other 
financial instruments, and central bank services. In Finland payments from governmental entities (expenses) shall be 
transacted through a certain credit institution (Postipankki Ltd) or through the Finnish Postal Giro System. In Sweden, 
payments to and from governmental agencies shall be transacted through the Swedish Postal Giro System (Postgiro). 
except arbitration and condliation services. 
-29-
- Tables 4.1 to 4.10: List of construction services covered with respect to EU service 
providers 
Table 4.1. EEA countries: Iceland, Liechtenstein and Norway 
CONSTRUCTION SERVICES , CPC N° 
All activities listed in annex XI of Directive 93/38/EEC : 
Table 4.2. Aruba 
CONSTRUCTION SERVICES "cPC^0^"""™"™"™ 
Construction work for buildings 512 
Table 4.3. Canada 
CONSTRUCTION SERVICES CPC N° 
Canada has made no commitments as yet in the fields of water, energy, transport and 
telecommunications. 
Table 4.4. Hong Kong, China 
CONSTRUCTION SERVICES Tpc7r~~,"™—"""""" 
All construction services listed in division 51 of CPC 51 
Table 4.5. Israel 
CONSTRUCTION SERVICES CPCN* 
Pre-erection work at construdion sites ; 511 
Construdion work for buildings . 512 
Construction work for civil engineering 513 
Assembly and erection of prefabricated construction 514 
Special trade construdion work 515 . t_ 
Installation work 516 
Building completion and finishing work 517 
Renting services related to equipment for construdion 518 
30 
Table 4.6. Japan 
CONSTRUCTION SERVICES TpcTr"™™™"™™^™^" 
All construction services listed in division 51 of CPC 51 
Table 4.7. Korea 
CONSTRUCTION SERVICES CPCN" 
Pre-eredion work at construdion sites . 511 
Construction work for buildings 512 
Construdion work for civil engineering 513 
Assembly and erection of prefabricated construction 514 
Special trade construction work 515 
Installation work • • 516 
Building completion and finishing work 517 
Table 4.8. Singapore 
CONSTRUCTION SERVICES CPC N° 
Pre-eredion work at construction sites . 511 -
Construdion work for buildings 512 
Construdion work fordvil engineering .' 513 
Assembly and eredion of prefabricated construction . 514 
Special trade construction work ; _ 515 : 
Installation work '. . - .' • • . 516 
Building completion and finishing work 517 • • 
Renting services related to equipment for construction __ __ 518 
Table 4.9. Switzerland 
CONSTRUCTION SERVICES CPCN" 
Pre-erection work at construction sites 511 • 
Construction work for buildings. 512 / 
Construdion work for dvil engineering \ 513 . . 
Assembly and erection of prefabricated construction 514 
Special trade construction work ; 515 -. 
Installation work ••• •. . 516 ' 
Building completion and finishing work 517 • 
Renting services related to equipment for construction 518 
Table 4.10. United States of America 
CONSTRUCTO^ERVICES™—~^^~,™,,,,™~ ""~™"™" CPCN0 
All construction services listed in division 51 of CPC 51 
31 
D. NEGOTIATIONS CONCLUDED BUT AGREEMENTS NOT YET IN FORCE AS OF 
31 DECEMBER 1997 
1. NEGOTIATIONS WITHIN THE GPA FRAMEWORK: ACCESSION OF NEW MEMBERS. 
63. Negotiations within the GPA framework have sought to enlarge the number 
of signatories to the agreement. After the entry into force of the Agreement 
in January 1996, other countries, such as Panama, have formally applied 
for membership. Some have already become members (v. supra section 
B.1). 
64. Chinese Taipei38, which is not as yet a member of the WTO, has also 
formally requested accession to the agreement. 
2. ASSOCIATION AGREEMENTS: CENTRAL AND EASTERN EUROPEAN COUNTRIES (CEECS). 
65. Europe Agreements have also been negotiated with Estonia39, Latvia40, 
Lithuania41 and Slovenia42;they have not yet however entered into force as 
of 31 December 1997. 
66. The provisions concerning public procurement in these agreements are 
similar to those included in the other six already described. There is 
however an important difference with respect to the transitional periods 
envisaged. 
67. In the case of Estonia there is no transitional period and access to all kinds 
of Community companies should be accorded as of the entry into force of 
the Agreement. In the case of Latvia and Lithuania, the transitional periods 
end at the latest on 31 December 1999. Transitional periods do not apply to 
subsidiaries and joint-ventures created by Community companies. 
38 See document GPA/IC/5, of June 1994. 
39 Signed on 12 June 1995, see art. 67, doc. COM (95) 207fmal. It will enter into force on 1 
February 1998. 
40 Signed on 12 June 1995, see art. 68, doc. COM (95) 207final. It will enter into force on 1 
February 1998. 
41 Signed on 12 June 1995, see art. 68, doc. COM (95) 207final. It will enter into force on 1 
February 1998. 
42 Signed on 10 June 1996, see art. 69, doc. COM (95) 341final. The Interim Agreement on 
trade and trade-related matters entered into force on 1 July 1997 although it had been 
applied provisionally since 1 January 1997 (see OJ L 344/1 of 31 December 1996 and OJ L 
151/38 of 10 June 1997). However, the Interim Agreement does not contain any public 
procurement clause. 
-32-
68. As for Slovenia, the transitional period lasts 6 years after the entry into force 
of the Agreement. It does not apply to Community companies established in 
Slovenia in the forms provided for in the agreement. 
3. OECD: CONVENTION ON COMBATING BRIBERY. 
69. On 20 November 1997, OECD Member Countries with the exception of 
Australia and five non-member countries (Argentina, Brazil, Bulgaria, Chile 
and the Slovak Republic) adopted a convention on combating bribery of 
foreign public officials in international business transactions. [Signature 
subsequently took place on 17 December 1997.] This convention is the 
culmination of two years of work in the OECD on the problem of making 
bribery of foreign officials a crime43. This convention should facilitate 
access to public procurement contracts in third countries which have signed 
the convention, since in most cases international business transactions 
involving public officials will include public procurement contracts. 
43 See http://www.oecd.org for more information. 
33 
E. INFORMATION ON BARRIERS IN THE FIELD OF PUBLIC PROCUREMENT 
AND PROPOSED LINES OF ACTION. 
70. Although the Community has negotiated a number of international 
agreements aiming at opening up procurement markets, not all barriers at 
the international level have been removed. The Commission is concerned 
by the effective difficulties that the EC industry is facing in major markets. 
71. In this regard, an important initiative was launched in 1996: the Market 
Access Strategy44, with the objective to identify obstacles and to choose 
priorities for appropriate action. In order to implement this Strategy, the 
Commission, with the help of Member States and European trade 
associations and businesses, began the laborious process of assembling all 
the information available on the barriers affecting European exports. The 
objective was to establish a comprehensive data base which is constantly 
up-dated and which should help to identify priorities in market access. The 
Market Access Database is accessible on-line via the INTERNET at the 
following URL address: http://mkaccdb.eu.int/ or at the EUROPA web-site 
(http://europa.eu.int). 
72. Public procurement is one of the sectors covered by the data base. So far, it 
contains information concerning public procurement on the following 
countries: Australia; Bangladesh, Belarus; Brazil; Bulgaria; Canada; Chile; 
China; Czech Republic; Egypt; Hong Kong, China; Hungary; India; 
Indonesia; Japan; Korea; Malaysia; Mexico; Morocco; New Zealand; 
Pakistan; Philippines; Poland; Russia; Singapore; Slovenia; South Africa; 
Chinese Taipei (Taiwan); Thailand and the United States. The Commission 
is aware that the information on barriers regarding public procurement 
contained in the data base can be improved. To this end, it welcomes any 
contributions, in particular from suppliers who have concrete experiences 
with certain barriers. On this basis, the Commission has the intention to 
complete the information contained and to continuously up-date the data 
base in this field. A study has been completed during 1996 on public 
procurement market opportunities and obstacles in specified third 
countries45. The aim of this study is to assist the Commission in setting its 
priorities and to provide the necessary background data for negotiations. 
44 Communication on the Global Challenge of International Trade: A Market Access Strategy 
for the European Union; COM (96) 53, of 14 February 1996. 
45 See OJ C 158/10, of 24 June 95. 
34-
73. In the field of public procurement, most of the barriers identified relate to the 
discriminatory legislation still existing in most of our trading partners for 
procurement outside the scope of the agreements (e.g. "Buy American" 
provisions in the United States; set asides for SMEs in Korea and other 
countries); to the lack of appropriate information on procurement (e.g. 
multiplicity of publications, absence of contact or information points etc.) or 
to the absence of appropriate enforcement mechanisms (e.g. lack of 
available remedies etc) among others. 
74. As regards the dismantling of barriers, the Commission proposes some 
lines of action. Further negotiations, both at the multilateral and bilateral 
levels, are envisaged in order to eliminate discriminatory legislation in third 
countries (see section F below). In addition, it has the intention to facilitate 
access to public procurement information in third countries and to help 
European suppliers to enforce their rights abroad (see section G below). 
75. In this context, it is to be noted that on 27 November 1996, the Commission 
adopted a Green Paper on public procurement in the European Union46. 
Chapter 6 of this Green Paper is devoted to procurement outside the Union. 
After a reflection and debate period, it is the Commission's intention to 
adopt at an early date a Communication setting out the lines of its future 
policy in this field46bis. 
46 See document COM (96) 583 final, of 27 November 1996. 
46bis jne Commission Communication on public procurement in the European Union has been 
adopted on 11 March 1998, see document COM (98) 143 final. 
35 
F. FURTHER NEGOTIATIONS 
1. WTO FRAMEWORK 
76. At present, there are three parallel processes of negotiations on public 
procurement within the framework of the WTO: the review of the GPA, the 
negotiations on GATS rules and the discussions on transparency rules 
pursuant to the mandate of the Singapore Ministerial Conference. 
1.1. The GPA: implementation and review. 
- Implementation. 
77. Parties to the GPA are currently completing a procedure for the notification 
of national implementing legislation, so as to ensure"that the commitments 
made are effectively enforced. In this context, the Commission has also 
launched a study in order to monitor the application of the GPA by some 
signatories and to identify the remaining obstacles in the public 
procurement markets of these countries47. 
- Review. 
78. The GPA requires countries to adhere to relatively detailed rules and does 
' not always guarantee effective non-discrimination between domestic and 
imported goods and services in government procurement. As a result, 
coverage is rather reduced in a number of countries (v. supra subsection 
B.1.1). 
79. Negotiations with a view to improving the Agreement and achieving the 
greatest possible extension of its coverage among all Parties and 
eliminating any remaining discriminatory measures and practices are 
foreseen in its Article XXIV §7(b) and (c), which calls on the Parties to 
undertake further negotiations not later than the end of the third year from 
the date of its entry into force. With these considerations in mind, the GPA 
Committee decided at its meeting of 4 June 1996 to commence a review of 
the GPA, with a view to making the agreement more accessible and 
attractive to non-members and to adjusting the Agreement to newly-
emerging technologies. 
47 See OJ C 192/16, of 3 July 96. 
-36 
80. Such negotiations have been initiated in 1997 and include, among others, 
the following main elements: (i) expansion of the coverage of the 
Agreement, notably by extending it to sectors not presently covered; (ii) 
elimination of discriminatory measures and practices; and (iii) simplification 
and improvement of the Agreement, including, where appropriate, 
adaptation to advances in the area of information technology. The aim of 
these negotiations is the expansion of membership of the Agreement by 
making it more accessible to non-Parties. 
1.2. The General Agreement on Trade and Services (GATS) 
81. The General Agreement on Trade in Services (GATS) applies to all 
measures affecting the supply of services in all sectors covered by the 
GATS. For the time being, procurement rules are exempted from the 
Article II (Most Favoured Nation) and Article XVII (National Treatment) 
obligations but there is a mandate to start multilateral negotiations on 
government procurement in services (GATS Article Xlll§2). This mandate is 
a recognition of the fact that effective liberalisation of trade in services is 
also dependent on multilateral rules on procurement. 
82. This mandate was taken up by WTO Members upon entry into force of the 
GATS in 1995, with substantive work commencing in 1997. Work is 
progressing on the basis of discussions on a number of key concepts, in 
particular what constitutes a services' transaction (definition) and on 
transparency. The result of the negotiations should lead to the creation of 
specific rules for procurement of services in addition to the application of the 
existing GATS rules and in particular the National Treatment and Most 
Favoured Nation obligations. 
1.3. The Singapore Ministerial Conference: mandate on transparency rules related 
to government procurement. 
83. During the Singapore Ministerial Conference in Early December 1996, the 
Ministers agreed to launch discussions on transparency rules related to 
government procurement. The original proposition of the European 
Community was to launch a process of negotiations on an interim 
agreement on procurement of goods based on the principles of 
transparency and due process, bearing in mind that the Community's final 
objective was to achieve National Treatment and Most Favoured Nation 
effectively for all government procurement in all WTO member countries. 
-37-
84. The mandate finally decided in the Singapore Ministerial Conference in 
early December 1996 provides for the establishment of a working group to 
conduct a study on transparency in government procurement practices, 
taking into account national policies and, based on this study, to develop 
elements for inclusion in an appropriate agreement. 
85. Work on this basis is already underway in a newly created WTO Working 
Group on Transparency in Government Procurement Practices. 
2. BILATERAL NEGOTIATIONS. 
2.1. Customs Union Agreements: Turkey, Andorra and San Marino. 
- Turkey 
86. The decision of 6 March 1995 by the EC-Turkey Association Council to 
move to the final phase of the customs union received Parliamentary assent 
on 13 December 1995, enabling it to come into force on 31 December 
199548. 
87. The decision on customs union sets out in detail the actions to be taken in 
the final phase, following the pattern set out in the 1960 Ankara Agreement 
and the additional Protocol of 1970, which, among others, provide for the 
following measures: the immediate reciprocal abolition of customs duties 
and equivalent levies on manufactured goods, the immediate reciprocal 
abolition of quantitative restrictions or equivalent measures of imports and 
exports on industrial goods, and immediate adoption by Turkey of the 
common customs tariff and of the common commercial policy (there are 
some exceptions). 
88. EC industrial products are therefore granted access to the Turkish market. 
Discrimination against such industrial products in Turkey (or viceversa) 
could be considered contrary to the prohibition of measures equivalent to 
quantitative restrictions. 
89. However, as regards access of European suppliers to Turkish tender 
procedures, the Decision on Customs Union only provides for the possible 
initiation of negotiations aiming at the mutual opening of the Parties' 
respective government procurement markets after the date of its entry into 
force. To this end, the Association Council will set a date for the initiation of 
negotiations and will review progress in this area annually49. In its 
48 Decision n° 1/95 of the EC-Turkey Association Council of 22 December 1995 on 
implementing the final phase of the Customs Union; OJ L 35, of 13 February 1996. 
49 See article 48 of the Decision, loc.cit. 
-38-
Communication of 15 July 1997 on the future of relations with Turkey50, the 
Commission identified progress in this area as a priority objective. 
- Andorra and San Marino. 
90. The customs union agreement with the Principality of Andorra does not 
contain any specific provision on public procurement51. As regards free 
movement of goods, the agreement provides for the reciprocal abolition of 
customs duties and equivalent import levies, the reciprocal abolition of 
quantitative restrictions or equivalent measures on imports and the adoption 
by Andorra of the common customs tariff and of the common commercial 
policy. 
91. EC products are therefore granted access to Andorra's market. 
Discrimination against such products in Andorra (or viceversa) could be 
considered contrary to the prohibition of measures equivalent to quantitative 
restrictions52. 
92. As regards San Marino, the customs union agreement signed on 16 
December 1991 does not contain any specific provision on public 
procurement53. This agreement, however, has not yet been ratified. 
Pending its entry into force, an Interim Agreement was approved54, which 
does not refer to public procurement either. 
2.2. Trade Agreements: Switzerland 
93. -Switzerland is also in EFTA but on 6 December 1992, decided not to join 
the European Economic Area. In January 1993, it requested the opening of 
bilateral negotiations on a wide range of topics, including public 
procurement, with the view to replacing the trade agreement of 1972 (in 
which there were no rules on public procurement). 
50 Communication from the Commission to the Council and the European Parliament on the 
further development of relations with Turkey, see document COM (97) 394final, of 15 July 
1997. 
51 See Council Decision of 26 November 1990 on the conclusion of the Agreement in the form 
of an exchange of letters between the European Economic Community and the Principality 
of Andorra, OJ L374/13, 31 December 1990. 
52 In a joint statement, the parties agreed that the Joint Committee will interpret the provisions 
governing measures having equivalent effect to quantitative restrictions in the same way as 
they are interpreted in trade within the European Community. See OJ L 374/22, of 31 
December 1990. 
53 See draft Agreement on customs union and co-operation between the European Economic 
Community and the Republic of San Marino, OJ C302/10, of 22 November 1991. 
54 See Council Decision of 27 November 1992 on the conclusion of an interim Agreement on 
trade and customs union between the European Economic Community and the Republic of 
San Marino, OJ L359/13, of 9 December 1992. 
39-
94. The negotiating objective of the European Community is the bilateral 
expansion of the coverage beyond the commitments of the GPA, to which 
Switzerland is a signatory party. In that sense, the intention is to obtain an 
opening of the Swiss procurement market equivalent to that existing in the 
Community, covering therefore all the utilities sectors for both public and 
private (operating under special or exclusive rights) entities. As a result, the 
scope of this agreement would be similar to the EEA. 
95. Negotiations began on 12 December 1994 and they are at the closing 
stage. 
2.3. Association Agreements: Cyprus and Malta. 
96. In the Association Agreements with Cyprus55 and Malta56 there are no 
relevant provisions on public procurement. 
2.4. Euro-Mediterranean Association Agreements: Israel, Jordan, Morocco, the 
Palestinian Authority, Tunisia and other Mediterranean Countries. 
- Israel. 
97. The Euro-Mediterranean Agreement establishing an association with Israel 
provides in its Article 35 that the parties shall take measures with a view to 
a mutual opening of their respective government procurement markets and 
the procurement markets of undertakings operating in the utilities sectors 
for the purchase of goods, works and services, beyond the scope of what 
has been mutually and reciprocally covered under the Government 
Procurement Agreement concluded in the framework of the WTO57. This 
article was completed by a joint declaration on public procurement whereby 
the parties committed themselves to open formal negotiations with the view 
to reaching an agreement. 
55 Agreement establishing an Association between the European Economic Community and 
the Republic of Cyprus, OJ L133, of 21 May 1973, as amended. 
56 Agreement establishing an Association between the European Economic Community and 
Malta, OJ L 61, 14 March 1971, as amended. 
57 See Proposal for a Decision of the Council and the Commission on the conclusion of a 
Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States, of the one part and the State of Israel, of the other 
part. Document SEC(95) 1719final, page 17. 
-40-
98. The Euro-Mediterranean agreement was initialled on 28 September 1995, 
but it has not been ratified yet58. Nonetheless, the parties gave effect to this 
joint declaration, and two agreements on government procurement were 
reached and sighed on 22.12.1995 (v. supra). 
99. In any case, Article 35 of the Euro-Mediterranean Agreement is still a basis 
for further negotiations, if needed. 
- Jordan, Morocco, the Palestinian Authority and Tunisia. 
100. Four other Euro-Mediterranean Agreements (Jordan59, Morocco60, the PLO 
for the benefit of the Palestinian Authority of the West Bank and the Gaza 
strip and Tunisia61) have been signed of which so far only the Interim 
Association Agreement with the PLO has entered into force62. The 
Agreement with Tunisia is likely to enter into force shortly. The public 
procurement provisions of these agreements are more limited than in the 
case of the Israeli agreement, as it is simply state that the objective is a 
reciprocal and gradual liberalisation of the public procurement contracts. To 
that end, the Association Council shall take the necessary steps. Public 
procurement could therefore be the object of negotiations in the future. 
58 In the meantime, an interim agreement on trade was approved. See Decision of the Council 
and the Commission of 22 December 1995 on the conclusion by the European Community 
of an Interim Agreement on trade and trade-related matters between the European 
Community and the European Coal and Steel Community, on the one part and the State of 
Israel on the other part, OJ L 71/1, of 20 March 1996. 
59 See Proposal for a Council and Commission Decision on the signature and on the 
conclusion of a Euro-Mediterranean Agreement with Jordan. See document COM (97) 554 
final. 
60 See Proposal for a Decision of the Council and the Commission on the conclusion of a 
Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States on the one part and the Kingdom of Morocco, on the 
other part. This agreement was initialled on 10 November 1995. See document COM(95) 
740final. 
61 See Proposal for a Decision of the Council and the Commission on the conclusion of a 
Euro-Mediterranean Agreement establishing an association between the European 
Communities and their Member States on the one part and the Republic of Tunisia, on the 
other part. This agreement was signed on 17 July 1995, and it was the first of the so-called 
Euro-Mediterranean Agreements. See document COM(95) 235final. 
62 See Council Decision of 2 June 1997 concerning the conclusion of the Euro-Mediterranean 
Interim Association Agreement on trade and cooperation between the European 
Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit 
of the Palestinian Authority of the West Bank and the Gaza Strip, OJ L 187, of 16 July 1997. 
41 
- Other Mediterranean Countries. 
101. At present, the Commission is negotiating as well the conclusion of Euro-
Mediterranean Agreements with Algeria, Egypt and Lebanon, while 
negotiations with Syria will commence shortly. Moreover, the Barcelona 
Declaration of 28 November 1995 has set 2010 as the target date for the 
gradual establishment of a free-trade area within a new Euro-Mediterranean 
Partnership. The participants in the Euro-Mediterranean Conference of 
Barcelona on 27/28 November 1997 were, in addition to the European 
Community and its Member States: Algeria, Cyprus, Egypt, Israel, Jordan, 
Lebanon, Malta, Morocco, Syria, Tunisia, Turkey and the Palestinian 
Authority. 
2.5. Cooperation agreements providing for future negotiations. 
102. The co-operation agreement with Mexico provides for the gradual and 
mutual opening of agreed government procurement markets on a reciprocal 
basis A decision of the Joint Council established by the Agreement will be 
adopted in the future deciding on the appropriate arrangements and 
timetables63. 
103. The EC has concluded a bilateral agreement with Chile in which a public 
procurement co-operation clause has been included64. Under such clause, 
parties agree to co-operate to ensure, on a reciprocal basis, open, non­
discriminatory and transparent procedures for procurement by government 
agencies and entities having special and exclusive rights at a central, 
federal, regional, provincial and local level. In order to attain this objective, 
the parties agree to consider the possibility of concluding an agreement on 
access to contracts in these sectors of procurement, generating 
transparent, fair conditions in the award of contracts, subject to clear 
complaint procedures. 
63 See the Economic Partnership, Political Co-ordination and Co-operation Agreement 
between the European Community and its Member States of the one part, and the United 
Mexican States of the other part, in particular art 10. The Agreement is not yet in force. It 
was initialised on 23 July 1997 and has been signed on 8 December 1997. The 
Commission's proposal for a Council Decision has been published in the OJ C 350/6 of 19 
November 1997. An Interim Agreement on Trade and Trade-related matters has also been 
signed (see Commission's proposal, OJ C 356/28, of 22 November 1997, in particular art. 
4). 
64 See the Framework Co-operation Agreement leading ultimately to the establishment of a 
political and economic association between the European Community and its Member 
States, on the one part, and the Republic of Chile, on the other part, in particular article 11; 
OJ L 209, of 19 August 1996. This Agreement is not yet in force, as ratification procedures 
have not been finalised. 
42 
104. Similar clauses are likely to be found as well in future trade agreements 
modelled under the Mexican or Chilean one. At present, the Commission 
has initiated negotiations with South Africa65 with the view to conclude a 
trade agreement. 
2.6. Co-operation agreements providing for simple co-operation. 
105. A similar clause, although more reduced in scope, can be found in the draft 
Partnership and Co-operation Agreements with the New Independent 
States. These agreements provide for co-operation between the Parties to 
develop conditions for open and competitive award of contracts for goods 
and services in particular through calls for tenders. However, the question 
for future negotiations is not addressed. Partnership and Co-operation 
Agreements have been negotiated with the following countries: Ukraine66, 
Russia67, Kazakhstan68, Kyrgyz Republic69, Moldova70, Belarus71, 
Georgia72, Armenia73, Azerbaijan74 and Uzbekistan75. However, only the 
agreement with Russia is in force.76. Therefore, in the future, public 
procurement could be the subject of specific agreements, although this is 
not necessarily aimed by the above-mentioned clauses. 
106. Similarly, the Co-operation Agreement with the Former Yugoslav Republic 
of Macedonia establishes that the parties will encourage and promote co­
operation in the field of public procurement77. 
65 See Commission Press Release IP/96/258. 
66 See document COM (94) 226final, in particular article 47. 
67 See Council and Commission Decision of 30 October 1997 on the conclusion of the 
Partnership and Cooperation Agreement between the European Communities and their 
Member States, of the one part, and the Russian Federation, of the other part, OJ L327 of 
28 November 1997. This agreement entered into force on 1 December 1997. 
68 See document COM (94) 411 final, in particular article 48. 
69 See document COM (94) 412final, in particular article 48. 
70 See document COM (94) 477final, in particular article 44. 
71 See document COM (95) 44final, in particular article 39. 
72 See document COM (96) 135final, in particular article 48. 
73 See document COM (96) 136final, in particular article 48. 
74 See document COM (96) 137final, in particular article 48. 
75 See document COM (96) 254final, in particular article 47. 
76 In the Interim Agreements with the rest of the New Independent States, there are no 
provisions on public procurement. 
77 See Council Decision of 27 November 1997 concerning the conclusion of a co-operation 
agreement between the European Community and the Former Yugoslav Republic of 
Macedonia, OJ L 348, of 18 December 1997. This agreement will enter into force on 1 
January 1998. 
-43-
107. In the Agreement with Mercosur, no such a clause on public procurement 
exists. However, in accordance with articles 4 and 5 of the Agreement, 
Parties agree to co-operate in trade matters, without excluding any sector. 
Under the provisions of these articles, public procurement could therefore 
ultimately be the subject of negotiations in the future78. The trade and co­
operation agreement with Albania does not provide for specific co­
operation in the field of public procurement outside the general co-operation 
in trade and commercial issues79. 
3. THE TELECOMMUNICATIONS SECTOR. 
108. During the negotiations of the GPA, the Community held bilateral 
negotiations on telecommunications procurement with the US with a view to 
obtaining appropriate guarantees of access for its suppliers. In these 
negotiations, it emphasised the importance of the application of certain 
disciplines with a view to ensuring transparent and open tendering, in 
particular, by privately-owned US telecommunications operators. The US 
was, however, not able to make firm commitments in this regard. 
109. In this context, it has to be remembered that in May 1993, following the 
absence of an agreement covering this sector, the United States decided to 
impose sanctions on Community bidders participating in certain Federal 
Government tender competitions, particularly those for contracts below the 
threshold. These included sub-threshold contracts awarded by the federally-
owned electrical utilities. The Community responded in a measured and 
controlled way by imposing counter-sanctions against US bidders80. 
However, the US has expressed its intention to try to reach an agreement 
with the EU in this area in the future. 
110. In any case, there has been no fundamental progress on this issue, so the 
US sanctions against European suppliers and the EC counter-measures still 
apply. 
78 See Interregional Framework Cooperation Agreement between the European Community 
and its Member States, of the one part, and the Southern Common Market and its Party 
States, of the other part; OJ L 69, of 19 March 1996. 
79 See Council Decision of 26 October 1992 on the conclusion of an Agreement between the 
European Economic Community and the Republic of Albania on trade and commercial and 
economic co-operation, OJ L 343 of 25 November 1992. This agreement entered into force 
on 1 December 1992. 
Council Regulation n° 1461/93 of 8 June 1993 concerning access to public contracts for 
tenderers from the United States of America, OJ L 146/1, of 17 June 1993; and Council 
Regulation n°1836/95 of 24 July 1995 completing the Annex to Regulation n° 1461/93 
concerning access to public contracts for tenderers from the United States of America, OJ L 
183/4, of 2 August 1995. 
-44 80 
G. HOW TO FIND OPPORTUNITIES ABROAD AND ENFORCE ONE'S RIGHTS. 
1. INFORMATION ON OPPORTUNITIES IN PUBLIC PROCUREMENT. 
111. Contracting entities from the countries parties to the EEA publish their 
procurement notices in the EC Official Journal, S series and the TED 
database81. 
112. Central and Eastern European Countries' contracting authorities publish 
their procurement notices according to their relevant legislation. 
113. GPA members publish their notices in the media listed in Appendix II to IV 
oftheGPA: 
-Aruba: Landscourant (Aruba's Official Journal) and local press. 
-Canada: Government Business Opportunities (GBO) and MERX 
(http://www.merx.cebra.com 
-Hong Kong China: The Government of Hong Kong Special 
Administrative Region Gazette, daily press, Kowloon-Canton 
Railway Corporation web page (http://www.kcrc.com). 
-Israel: The Jerusalem Post. 
-Japan: Kanpô (Annex 1), Kenpô, Shihô or their equivalents 
(Annex 2), and Kanpô (Annex 3). 
-Korea: Kwanbo (The Korean Government's Official Gazette) and 
The Seoul Shinmun. 
-Liechtenstein: member of the EEA, see above. 
-Norway: member of the EEA, see above. 
-Singapore: the Republic of Singapore Government Gazette. 
-Switzerland: Swiss Official Trade Gazette/Feuille officielle suisse 
du commerce (Annex 1 and Annex 3), Official publications of every 
Swiss Canton (26) (Annex 2 and Annex 3). 
-United States: The Commerce Business Daily 
(http://cbdnet.access.gpo.gov). Additional information for entities 
listed in Annex 2 of Appendix I may be available in state journals, 
such as the New York Contract Reporter. 
81 See the Agreement on the European Economic Area as amended, in particular annex XVI, 
and the Arrangement regarding the publication of EFTA notices on procurement annexed to 
the Final Act of the EEA Agreement; OJ L 1, of 3 January 1994, pages 461 and 552 
respectively. 
-45 
114. As regards information technology applied to public procurement, the 
Commission services have found a number of internet sites giving access to 
official and unofficial databases in third countries. The location of these 
databases can be obtained through a visit to the SIMAP www homepage at 
the following URL address: http://simap.eu.int/. 
115. With the aim to facilitating access to the markets covered by the GPA, 
Directorate General XV has commissioned a study to provide information 
setting out opportunities for EU companies arising from the GPA82. This 
study should provide explanatory information on the GPA that will help EU 
companies to learn about and benefit from new export opportunities. The 
results of this study will be made publicly available in a user-friendly and 
practical format. The study has been completed in late 1997. Publication is 
expected for 1998, inter alia electronically on the SIMAP homepage 
(http://simap.eu.int). 
THE RIGHTS OF EUROPEAN SUPPLIERS ABROAD. 
116. European suppliers and service providers willing to enter the procurement 
markets in the EEA enjoy full rights and they benefit from challenge 
procedures identical to those within the EC. 
117. As regards the GPA, this agreement also contains detailed rules on 
challenge procedures for aggrieved suppliers. Although amicable 
consultation is encouraged, Article XX obliges each party to put in place 
non-discriminatory, timely, transparent and effective procedures enabling 
suppliers to challenge contract awards. Challenges must be heard by a 
court, or an impartial and independent review body with no interest in the 
outcome of the procurement (which must meet a minimum of procedural 
requirements). Challenge procedures shall provide for at least' interim 
measures, and correction of the breach of the Agreement or compensation 
for the loss or damages suffered (which may be limited to the cost of tender 
preparation or action). 
118. An action can be brought to the WTO Dispute Settlement Body by the EU if 
it considers that a party to the GPA has failed to comply with its obligations 
under this article XX83. In this context, an action by the EU would strongly 
rely on the information provided by EU aggrieved suppliers. The 
Commission therefore encourages suppliers and service providers to inform 
the Commission's services on public procurement related issues arising 
abroad. 
82 See OJ C 192/14, of 3 July 96. 
83 See article XXII of the GPA. Obviously, Dispute Settlement rules cover the whole GPA, not 
only article XX. 
-46 
119. In two individual cases the Community has made use of the possibility to 
request formal consultations under the Dispute Settlement Mechanism. The 
first concerned a procurement tender published by the Ministry of Transport 
of Japan to purchase MTSAT Satellite-based Augmentation System 
(MSAS)84. After a period of consultations, a mutually agreed solution was 
found and the dispute was settled85. The second case concerns the 
application of the GPA by US sub-federal entities, and more particularly, the 
Act Regulating State Contracts with Companies doing Business with or in 
Burma (Myanmar) enacted by the Commonwealth of Massachusetts on 25 
June 1996 (Chapter 130 of the Acts of 1996)86. In essence, the contested' 
provision establishes a 10% price preference in favour of those companies 
not doing business in Burma. The Japanese also asked for consultations in 
this case87. Consultations are still pending by the time of writing this report. 
120. The Israeli and Korean agreements on telecommunications procurement 
also provide for the establishment of challenge procedures. Requirements 
are similar to those of the GPA, to which Israel, Korea and the EC are 
signatories. 
84 See Request of consultations of 26 March 1997, document GPA/D1/1 of 1 April 1997. 
85 See Notification of 31 July 1997, document GPA/D1/2/Rev.1 of 14 August 1997. 
86 See Request of consultations of 20 June 1997, document GPA/D2/1 of 26 June 1997. 
87 See Request of consultations of 18 July 1997, document GPA/D3/1 of 21 July 1997. 
-47-
H. LIST OF AGREEMENTS CONCLUDED IN THE FIELD OF PUBLIC 
PROCUREMENT WHICH ARE IN FORCE AS OF 31 DECEMBER 1997 
1. LIST OF AGREEMENTS 
MULTILATERAL AGREEMENTS 
WTO Agreement on government procurement 
(GPA). 
- As for Canada, EC, Israel, Japan, Norway, 
Switzerland and the US 
- As for Aruba 
- As for Korea 
- As for Hong Kong, China 
- As for Liechtenstein 
- As for Singapore 
Agreement on the European Economic Area 
(EEA). 
- As for Iceland 
- As for Norway 
- As for Liechtenstein SIGNATURE 
15.04.1994 
02.05.1992 PUBLICATION 
REFERENCES 
OJL336.23.12.1994 
OJC332, 09.12.1995 
OJC256.03.09.1996 
OJL134, 20.06.1995 
(US bilateral) 
OJL1, 03.01.1994 
OJ L86/58, 
20.04.1995 ENTRY INTO 
FORCE 
(end of transi­
tional period) 
01.01.1996 
25.10.1996 
01.01.1997 
19.06.1997 
18.09.1997 
20.10.1997 
01.01.1994 
01.01.1994 
(31.12.1994) 
01.01.1996 
-48 
BILATERAL AGREEMENTS 
Association Agreements with the Countries of 
Central and Eastern Europe. 
- Bulgaria 
- Czech Republic 
- Hungary 
- Poland 
- Romania 
- Slovak Republic 
Agreement in the form of exchange of letters 
between the European Community and the 
United States of America on government 
procurement. 
Agreement between the European Community 
and the State of Israel on procurement by 
government SIGNATURE 
08.03.1993 
04.10.1993 
16.12.1991 
16.12.1991 
01.02.1994 
04.10.1993 
30.05.1995 
10.07.1997 PUBLICATION 
REFERENCES 
OJL358, 31.12.1994 
OJL360, 31.12.1994 
OJL347, 31.12.1993 
OJL348, 31.12.1993 
OJL357, 31.12.1994 
OJL359, 31.12.1994 
OJL134, 20.06.1995 
OJL202, 30.07.1997 ENTRY INTO 
FORCE 
(end of transi­
tional period) 
01.02.1995 
(31.01.2005) 
01.02.1995 
(31.01.2005) 
01.02.1994 
(31.01.2004) 
01.02.1994 
(31.01.2004) 
01.02.1995 
(31.01.2005) 
01.02.1995 
(31.01.2005) 
01.01.1996 
01.08.1997 
SECTORAL AGREEMENTS 
(TELECOMMUNICATIONS) 
Agreement between the European Community 
and the State of Israel on procurement by 
telecommunications operators 
Agreement on telecommunications procurement 
between the European Community and the 
Republic of Korea SIGNATURE 
10.07.1997 
29.10.1997 PUBLICATION 
REFERENCES 
OJL202, 30.07.1997 
OJL321, 22.11.1997 ENTRY INTO 
FORCE 
01.08.1997 
01.11.1997 
-49 
2. CONSEQUENCES OF THE ENTRY INTO FORCE OF THESE AGREEMENTS WITH RESPECT TO ARTICLE 36 OF 
DIRECTIVE 93/38/EEC. 
121. Article 36 of Directive 93/38/EEC of 14 June 1993 allows for a Community 
preference. But it provides that this shall apply only to tenders comprising 
products originating in third countries with which the Community has not 
concluded, multilaterally or bilaterally, an agreement ensuring comparable 
and effective access for Community undertakings to the markets of those 
third countries. 
122. Under Council Decision 94/800/EC of 22 December 1994 concerning the 
conclusion on behalf of the European Community as regards matters within 
its competence, of the agreement reached in the Uruguay Round 
multilateral negotiations (1986-1994)88; and Council Decision 95/215/EC of 
29 May 1995 concerning the conclusion of an Agreement in the form of an 
exchange of letters between the European Community and the United 
States of America on government procurement89, Article 36 of Directive 
93/38/EEC no longer applies, in the fields listed below, to tenders 
comprising products originating in the countries indicated: 
- production, transport or distribution of drinking water - products 
originating in Aruba; Hong Kong, China; Israel; Japan; Korea; 
Singapore and Switzerland; 
- urban railway, automatic systems, tramway, trolleybus, bus or 
cable services - products originating in Aruba; Hong Kong, 
China; Israel (except bus services), Singapore and Switzerland; 
- airport facilities and other air transport terminal facilities -
products originating in Aruba; Hong Kong, China; Israel; Japan; 
Singapore and Switzerland; 
- maritime or inland port or other terminal facilities - tenders 
originating in Aruba; Hong Kong, China; Israel; Japan; Korea; 
Singapore; Switzerland and the United States of America; 
- production, transport or distribution of electricity - products 
originating in Aruba; Hong Kong, China; Israel; Korea; 
Switzerland and the United States of America; 
- telecommunications - products originating in Aruba; Israel and 
Korea. 
123.lt should also be noted that, because Iceland, Liechtenstein and Norway 
have acceded to the Agreement on the European Economic Area90, 
88 See OJ L 336/273, of 23 December 1994. 
89 See OJ L 134/25, of 20 May 1995. 
90 See Council and Commission Decision 94/1/ECSC.EC of 13 December 1993 on the 
conclusion of the Agreement on the European Economic Area between the European 
Communities, their Member States and the Republic of Iceland, the Principality of 
Liechtenstein and the Kingdom of Norway, OJ L1/1, 03.01.1994. This Decision has been 
amended, in particular, by Council and Commission Decision 94/2/ECSC, EC of 13 
December on the conclusion of the Protocol adjusting the Agreement on the European 
-50-
independently of the accession of Norway and of Liechtenstein to the 
Agreement on Government Procurement, Article 36 of Directive 93/38/EEC 
is no longer applicable to tenders in any of the areas covered by the 
Directive comprising products originating in Iceland, Liechtenstein and 
Norway. 
Economic Area, OJ L1/571, 03.01.1994 and by the Treaty concerning the accession of 
Austria, Finland and Sweden, OJ C241/9, 29.08.1994. See also EEA Council Decision n° 
1/95 of 10 March 1995 on the entry into force of the Agreement on the EEA for the 
Principality of Liechtenstein, OJ L86/58, 20.04.1995. 
-51 -
L LIST OF AGREEMENT CONCLUDED IN THE FIELD OF PUBLIC 
PROCUREMENT WHICH ARE NOT YET IN FORCE AS OF 31 DECEMBER 
1997. 
BILATERAL AGREEMENTS 
Association Agreements with the Countries of 
Central and Eastern Europe. 
- Estonia 
- Latvia 
- Lithuania 
- Slovenia 
-SIGNATURE 
12.06.1995 
12.06.1995 
12.06.1995 
10.06.1996 PUBLICATION 
REFERENCE 
prop., COM(95)207 
prop., COM(95)207 
prop., COM(95)207 
prop., COM(95)341 ENTRY INTO 
FORCE 
01.02.1998 
01.02.1998 
01.02.1998 
unknown 
.5^ 
INDEX OF COUNTRIES 
Albania, 44 
Algeria. 42 
Andorra, 3, 38. 39 
Argentina, 9, 33 
Armenia, 43 
Aruba, 6, 8. 9. 12, 17, 23, 25, 30, 45, 48, 50. 51 
Australia, 9, 33, 34 
Azerbaijan, 43 
Bangladesh, 34 
Belarus, 34, 43 
Brazil, 33, 34 
Bulgaria, 9, 16, 33,34,49 
Burma, 47 
Canada, 9,11, 23, 24, 25, 30, 34, 45, 48 
Chile, 9. 33, 34, 42 
China, 34 
Chinese Taipei, 6, 9, 32, 34 
Colombia, 9 
Cyprus, 3, 40, 42 
Czech Republic, 16, 34, 49 
Egypt, 34, 42 
Estonia, 32, 52 
Former Yugoslav Republic of Macedonia, 43 
Georgia, 43 
Hong Kong, China, 6, 8, 9, 11, 12, 13, 25. 30, 34, 
48,50 
Hungary, 16, 34.49 
Iceland. 9, 15, 17, 25, 30, 48, 51 
India, 34 
Indonesia, 13, 34 
Israel, 2, 3, 6, 9. 11, 17, 18, 23, 26, 30, 40, 41. 
42, 45, 47. 48, 49, 50, 51 
Japan. 9.11, 23, 26, 31, 34. 45, 47, 48, 50 
Jordan, 3, 40, 41,42 
Kazakhstan, 43 
Korea, 2, 6, 8, 9, 11, 17. 18. 19, 23, 24, 26, 31, 
34, 35. 45. 47. 48, 49, 50, 51 Kyrgyz Republic, 43 
Latvia, 9, 32, 52 
Lebanon, 42 
Liechtenstein, 9, 15, 17, 25, 30, 45, 48, 51 
Lithuania, 32, 52 
Malaysia, 13, 34 
Malta, 3, 40, 42 
Mercosur, 44 
Mexico, 34 
Moldova, 43 
Morocco, 3, 34,40,41,42 
New Zealand, 34 
Norway, 9, 11, 15, 17, 25, 30, 45, 48, 51 
Pakistan, 34 
Palestinian Authority, 3, 40, 41, 42 
Palestinian Authority., 42 
Panama, 6, 9, 32 
Philippines, 34 
Poland, 9, 16, 34, 49 
Romania, 16, 49 
Russia, 34, 43 
San Marino, 3, 38, 39 
Singapore, 3, 6, 8, 9, 11, 13. 14, 24, 27, 31, 34, 
36, 37, 38, 45, 48, 50 
Slovak Republic, 16,49 
Slovenia, 32, 33, 34, 52 
South Africa, 34, 43 
Switzerland, 3, 6, 9, 11, 20, 24, 28, 31, 39, 40, 
45. 48. 50 
Syria, 42 
Thailand, 34 
Tunisia, 3,40,41,42 
Turkey, 3, 9, 38. 39, 42 
Ukraine, 43 
United States, 9, 11, 14, 20, 24, 28, 31, 34, 35, 
44, 45, 49, 50 
Uzbekistan, 43 
-53-

ISSN 0254-1475 
COM(98) 203 final 
DOCUMENTS 
EN 11 10 08 12 
Catalogue number : CB-CO-98-257-EN-C 
ISBN 92-78-35196-2 
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