Amended proposal for a COUNCIL DECISION 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 procurement
Date: 1995-02-07
Institutions: European Commission
Subjects: United States, agreement (EU), invitation to tender, public contract, supplies contract, works contract

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(95) 18 final 
Brussels, 07.02.1995 

94/0150  (AVC) 

Amended  p r o p o s al 

f or  a 

ÇQI1NCIL  DECISION 

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  procurement 

( p r e s e n t ed  by  t he  Commission  p u r s u a nt 

to  A r t i c le  189  A  ( 2) 

of 

t he  E C - T r e a t y) 

EXPLANATORY MEMORANDUM 

On 16 June 1994, the Commission published a proposal for a Council Decision 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 procurement 
(COM (94) 251 final/2 of 7.7.94, OJ C 291 p4 of 19.10.94). 

The enlargement of the European Union to include three new member states on 1.1.95 
brings about a change in the coverage of the agreement. Where explicit reference is made 
to a list of countries in the text itself  amendment is required Only the amended (general 
notes of Appendix I of the United States attached to the agreement falls into this category. 
Here it is necessary to delete reference to Austria, Finland and Sweden, listed among 
those countries not benefiting from the US concessions to the European Union. The 
Commission and United States Trade Representative have amended the text accordingly. 

The legal basis to the agreement should be modified particularly in the light of the opinion 
of the Court of Justice (No 1/94 of 15.11.94) issued on questions of competence over the 
conclusion of multilateral agreements concerning trade in goods, GATS and TRIPS. The 
Commission proposes as a new legal basis Articles 57(2) last sentence, 66 100a and 113 
of the Treaty. It is proposed, moreover, that the consultation of Parliament, under a  field 
ronœming co-decision (An 189b), is carried out on the basis of Article 228 (3) second 
indent, ie after the assent of Parliament. 

The Commission therefore hereby submits to the Council and the European Parliament an 
amendment to its initial proposal set out in its communication COM (94) 251 final and 
invites them to approve the agreement and to adopt this amended proposal for a Council 
Decision concerning the conclusion of an agreement in the form of an exchange of letters 
between the European Cornmunity and the United States of America on government 
procurement. 

Amended  Proposal for a Council  Decision 

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  procurement 

THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community, and in particular 
Articles 57(2) last sentence, 66,  100a,  113 and 228(3), second indent, thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament, 

Whereas the Agreement  in the form of an exchange of letters negotiated  between the 
European Community and the United States of America on government  procurement 
should be approved, 

HAS DECIDED AS FOLLOWS: 

Article  1 

The Agreement in the form of an exchange of letters between the European Community 
and the United  States of America on government procurement is hereby approved on 
behalf of the Community. 

The text of the Agreement is attached to this Decision, 

Article 2 

The President of the Council is hereby authorised to designate the person empowered  to 
sign the Agreement in order to bind the Community. 

Done at Brussels 

For the Council 

The President 

I 

AGREEMENT  IN  THE  FORM  OF  AN  EXCHANGE  OF  LETTERS 
ON  GOVEKNMFNT  rWOCURlCAU  N I 

His  Excellency  Sir  Leon  Br it tan 
Commissioner 
Commission  of  the  European  Communities 
200  Rue de  la  Loi 
1049  Brussels,  Belgium 

Dear  Mr.  Commissioner, 

With  reference  to  the discussions  held  between  representatives  of  the 

Government  of  the  United  States of  America  (hereinafter  the  US)  and  the  European 
Community  (hereinafter  the  EC)  regarding  government  procurement,  I have  the 
honour  to confirm  the  following. 

1) The  US  and  the  EC  agree  to amend  their  respective  Appendix  I  of  the 
Government  Procurement  Agreement  signed  at  Marrakesh  on  April  15,  1994  as  set 
out  in  the  attachments  to this  letter. 

2)  The  US  shall  grant  to  EC  suppliers  of  goods and  services,  including 

construction  services,  treatment  no  less  favourable  than  for  out-of-state  suppliers  for 
the  Massachusetts  Port  Authority  and  for  the  states of  West  Virginia,  North  Dakota, 
-and  as  regards  Illinois  for  procurement  not  covered  by  the  Government  Procurement 
Agreement,  and  for  out-of-city  suppliers  for  the  cities  of  Boston,  Chicago,  Dallas, 
Detroit,  Indianapolis,  Nashville  and  San  Antonio. 

3)  The  US  and  the  EC  agree  to co-operate  and  take  all  necessary  steps  to 
improve  substantially  the  transparency  of  the  notices  of  intended  procurement  in 
order  to ensure  that  contracts  covered  under  the  Government  Procurement 
Agreement  can  be  clearly  identified  as  such. 

4)  The  UvS and  the  HC agree  that  the  Memorandum  of  Understanding  between 
the  US  and  the  HC on  Government  Procurement  of  25  May  1993  will  be  extended 
until  the  date  of  entry  into  force  of  the  Government  Procurement  Agreement  signed 
at  Marrakesh  on  15  April  1994. 

5)  The  US  agrees  that  it  will  implement  its obligations  with  respect  to  the  Rural 

Electrification  Administration  contained  in  Annex  3 of  its  Appendix  I  attached 
hereto  as  soon  as  possible  after  entry  into  force  of  this  Agreement,  but  no  later  than 
entry  into  force  of  the  Agreement  establishing  the  World  Trade  Organization. 

I shall  be  grateful,  Mr.  Commissioner,  it  you  could  kindly  confirm  that  this 
letter  and  its  attachments correctly  set  out  the  understanding  reached  between  us. 

I  propose  that,  if  the  EC  so agrees,  this  letter  and  its attachments  and  your  reply 

to  that  effect  constitute  an  agreement  between  the  EC and  the  Government  of  the 
US,  which  will  enter  into  force  on  the date hereof,  with  the  exception  of  point  2 
above,  which  will  be  effective  upon  entry  into  force  of  the  Government 
Procurement  Agreement  signed  at  Marrakesh  on  15 April  1994. 

Please  accept,  Mr.  Commissioner,  the  assurance  of  my  highest  consideration. 

Sincerely, 

Michael  Kantor 

Attachments:  Amended  Annexes 2 and  3 and  General  Notes  of  Appendix  1  of  the 
United  States. 
Amended  general  notes and derogations  from  the provisions of  Article  III  of 
Appendix  1 of  the  EC. 

6 

Ambassador  Michael  Kantor 
United  States  Trade  Representative 
Executive  Office  of  the  President 
Washington  DC  20506 
United  States 

Dear  Mr.  Ambassador, 

I have  the honour  to acknowledge  receipt  of  your  letter of  today'sfdate,  which 

reads as  follows. 

"Dear  Mr.  Commissioner, 

With  reference  to  the  discussions  held  between  representatives  of  the 

Government  of  the  United  States of  America  (hereinafter  the  US)  and  the  European 
Community  (hereinafter  the  EC)  regarding  government  procurement,  1 have  the 
honour  to  confirm  the  following. 

1) The  US  and  the  EC  agree  to amend  their  respective  Appendix  I of  of  the 
Government  Procurement  Agreement  signed  at  Marrakesh  on  April  15,  1994  as  set 
out  in  the  attachments  to  this  letter. 

2)  The  US  shall  grant  to  EC  suppliers  of  goods and  services,  including 

construction  services,  treatment  no  less  favourable  than  for  out-of-state  suppliers  for 
the  Massachusetts  Port  Authority  and  for  the  states of  West  Virginia,  North  Dakota, 
and  as  regards  Illinois  for  procurement  not  covered  by  the  Government  Procurement 
Agreement,  and  for  out-of-city  suppliers  for  the  cities of  Boston.  Chicago,  Dallas. 
Detroit,  Indianapolis,  Nashville  and  San  Antonio. 

3)  The  US  and  the  EC  agree  to co-operate  and  take  all  necessary  steps  to 
improve  substantially  the  transparency  of  the  notices of  intended  procurement  in 
order  to  ensure  that  contracts  covered  under  the Government  Procurement 
Agreement  can  be  clearly  identified  as  such. 

4)  The  US  and  the  EC  agree  that  the  Memorandum  of  Understanding  between 
the  US  and  the  EC  on  Government  Procurement  of  25  May  1993  will  be  extended 
until  the  date  of  entry  into  force  of  the  Government  Procurement  Agreement  signed 
at  Marrakesh  on  15  April  1994. 

5)  The  US  agrees  that  it  will  implement  its obligations  with  respect  to  the 
Rural  Electrification  Administration  contained  in  Annex  3 of  its  Appendix  1 attached 
hereto  as  soon  as  possible  after  entry  into  force  of  this  Agreement,  but  no  later  than 
entry  into  force  of  the  Agreement  establishing  the  World  Trade  Organization. 

I shall  be  grateful,  Mr.  Commissioner,  if  you  could  kindly  confirm  that  this 
letter  and  its attachments  correctly  set  out  the  understanding  reached  between  us. 

•7~ 

1 propose  that,  if  the  EC  so agrees,  this  letter  and  its attachments  and 

your  reply  to  that  effect  constitute  an  agreement  between  the  EC  and  the 
Government  of  the  US,  which  will  enter  into  force  on  the date  hereof,  with  the 
exception  of  point  2  above,  which  will  be effective  upon  entry  into  force  of  the 
Government  Procurement  Agreement  signed  at  Marrakesh  on  15 April  1994. 

Please  accept,  Mr.  Commissioner,  the assurance  of  my  highest  consideration. 

Sincerely, 

M.  Kan tor 

Attachments:  Amended  Annexes  2 and  3 and  General  Notes  of  Appendix  I of  the 
United  States. 
Amended  general  notes  and  derogations  from  the  provisions  of  Article  III  of 
Appendix  I of  the  EC. " 

1 have  the  honour  to confirm  that  the  EC agrees  to  the  common  understanding 

set  out  in  your  letter  and  its  attachments  and  that  your  letter,  this  reply  and  the 
attachments  shall  constitute  an  agreement  between  the  EC and  the  Government  of 
the  US. 

Please  accept,  Mr.  Ambassador,  the assurance  of  my  highest  consideration. 

Sincerely 

Leon  Brittan 

AMENDED ANNEXES 2 AND 3 AND GENERAL NOTES €>FHAI»PENIMX4|^  r.  ^  ,  ;*, 

OF THE  UNITED  STATES 

o 

Sub-Central Government Entities which Procure in Accordance 
with the Provisions of this Agreement 

ANNEX  2 

Thresholds 

355,000 SDRs for supplies and services 
5 million SDRs for construction 

List of Entities 

Arizona 

Executive branch agencies 

ArKarisats 

Executive branch agencies, including universities but excluding 
the Office of Fish and Game and construction services 

California 

Executive branch agencies 

Colorado 

Executive branch agencies 

Connecticut 

r . 

Department of Administrative Services 
Connecticut Department of Transportation 
Connecticut Department of Public Works 
Constituent Units of Higher Education 

Delaware» 

Administrative Services (Central Procurement Agency) 
Ptate Universities 
State Colleges 

Florida» 

Executive branch agencies 

$ 

Hawaii 

Department of Accounting  and General Services  (with the  exception 
of procurements  of  software developed  in the  state and 
construction) 

~* 

Idaho 

Central  Procurement Agency  (including all colleges  and 
universities  subject  to central purchasing  oversight) 

Illinois* 

Department  of  C e n t r al  Management  S e r v i c es 

Iowa* 

Department of General  Services 
Department of  Transportation 
Board  of  Regents' Institutions  (universities) 

Kansas 

Executive branch  agencies, excluding construction  services, 
automobiles  and  aircraft 

Kentucky 

Division  of  Purchases, Finance and Administration  Cabinet, 
excluding  construction  projects 

Louisiana 

Executive  branch  agencies 

Maine* 

Department  of Administrative  and Financial  Services 
Bureau of  General  Services  (covering state government  agencies 

and  school  construction) 

Maine  Department of  Transportation 

<AJO 

Maryland* 

Office of the Treasury 
Department of the  Environment 
Department of General  Services 
Department of Housing and Community  Development 
Department  of Human  Resources 
Department of Licensing and Regulation 
Department  of Natural  Resources 
Department of Public  Safety and Correctional  Services 
Department of  Personnel 
Department of  Transportation 

Massachusetts 

Executive Office  for Administration  and  Finance 
Executive Office of Communities and  Development 
Executive Office of Consumer Affairs 
Executive Office of Economic Affairs 
Executive Office of  Education 
Executive Office of Elder Affairs 
Executive Office of Environmental  Affairs 
Executive Office of Health and Human  Service 
Executive Office of  Labor 
Executive Office of Public Safety 
Executive Office of Transportation  and  Construction 

Michigan* 

Department  of Management and Budget 

Minnesota 

Executive branch  agencies 

Mississippi 

Department of  Finance and Administration  (does not  include 

services) 

Missouri 

Office of  Administration 
Division  of  Purchasing  and Materials Management 

> fl 

Montana 
Executive  branch  agencies  (only  for  services  and  construction) 

New  York* 

State agencies 
State university  system 
Public authorities  and public benefit^ corporations, with  the 
exception of those entities with multi-state  mandates 

In addition  to the exceptions noted at the end of  this annex, 
transit  cars, buses  and  related equipment  are not  covered. 

Nebraska 

Central  Procurement  Agency 

New Hampshire* 

Central  Procurement  Agency 

Oklahoma* 

Office  of  Public  Affairs  and  a ll  s t a te  agencies  and  departments 
subject 
construction  s e r v i c e s. 

to  the  Oklahoma  Central  Purchasing  Act,  excluding 

Oregon 

Department  of Administrative Services 

Pennsylvania* 

Executive branch  agencies, including: 

Governor's  Office 
Department  of  the Auditor General 
Treasury  Department 
Department  of  Agriculture 
Department  of  Banking 
Pennsylvania  Securities  Commission 
Department  of  Health 
Department  of  Transportation 
Insurance  Department 
Department  of Aging 

A*L 

Texas 

General Services Commission 

Utah 

Executive branch agencies 

Vermont 

Executive branch agencies 

Washington 

-» 

» 

Washington State executive branch agencies, including: 

General Administration 
Department of Transportation 
State Universities 

In addition to the exceptions noted at the end of this annex, 
procurements of fuel, paper products, boats, ships and vessels 
are not covered. 

Wisconsin 

Executive branch agencies, including: 

Department of Administration 
State Correctional  Institutions 
Department of Development . 
Educational Communications Board' 
Department of Employment Relations 
State Historical Society 
Department of Health and Social Services 
Insurance Commissioner 
Department of Justice 
Lottery Board 
Department of Natural Resources 
Adminstration for Public Instruction 
Racing Board 
Department of Revenue 
State Fair Park Board 
Department of Transportation 
State University System 

Ab 

Wyoming* 

Procurement  Services Division 
Wyoming Department  of Transportation 
University  of Wyoming 

Notes  to Annex 2 

In addition  to the conditions specified  in the General Notes, the 
following  conditions apply. 

For those  states marked by an asterisk with  pre-existing 

1. 
restrictions,  the Agreement does not apply  to procurement  of 
construction-grade  steel  (including requirements  on 
subcontracts), motor vehicles and coal. 

The Agreement  shall not apply to preferences or  restrictions 

2. 
associated  with programs promoting  the development  of  distressed 
areas and businesses owned by minorities, disabled  veterans and 
women are  reserved  from coverage. 

Nothing  in this annex shall be construed  to prevent  any 
3. 
state entity  from applying  restrictions  that promote  the general 
environmental  quality  in that state, as long as such  restrictions 
are not disguised  barriers  to international  trade. 

4. 
The Agreement  shall not apply  to any procurement made by a 
covered  entity on behalf  of non-covered  entities  at a different 
level of government. 

5. 
Federal  funds  for mass transit and highway projects. 

The Agreement  shall not apply  to restrictions  attached  to 

ANNEX 3 

All  Other Entities which Procure  in Accordance 
With  the Provisions of this Agreement 

- *• 

Threshold : 

400,000 SDRs. for supplies and  services  (except as 
specified below) 
5 million SDRs for construction 

List of  Entities 

The  following  entities at the SDR equivalent  of $250.000  for 
supplies  and services: 

Tennessee Valley  Authority 
Power Marketing Administrations of the Department  of  Energy 

--Bonneville  Power Administration 
--Western  Area  Power Administration 
--Southeastern  Power Administration 
--Southwestern  Power Administration 
--Alaska  Power  Administration 

St.  Lawrence  Seaway Development  Corporation 

The  followinc  entities  at 400,000 SDRs  for supplies  and services: 

The Port Authority  of New York and New Jersey wi-th the  following 
exceptions: 

--Maintenance, repair and operating materials  and  supplies 
(e.g., hardware, tools, lamps/lighting,  plumbing). 

--In exceptional  cases, individual procurements  may  require 
certain  regional production of goods  if authorized  by  the 
Board  cf Directors. 

--Procurements  pursuant  to multi-jurisdictional  agreement 
(i.e.,  for contracts which have initially been awarded by 
other jurisdictions). 

The Port of Baltimore  (subject to the conditions  specified  for 

the state  of Maryland  in Annex 2) 

The New York  Power Authority  (subject to the conditions  specified 

for the state of New York in Annex 2) 

Rural Electrification Administration  Financing: 

(1)  waiver of Buy American restrictions  on financing  for 
all power generation projects  (restrictions  on 

f i n a n c i ng  for  telecommunication  p r o j e c ts  a re  excluded 
from  the  Agreement)  ; 

(2) 

a p p l i c a t i on  of  Code-equivalent  procurement  procedures 
and  n a t i o n al  treatment  to  funded  p r o j e c ts  e x c e e d i ng  the 
t h r e s h o l ds  s p e c i f i ed  above. 

Notes  to  Annex  3 

1.  With respect to these entities, the Agreement  shall not 
apply to restrictions attached to Federal funds for airport 
projects. 

# 

2.  The conditions specified in the General Notes apply to this 
Annex. 

General Notes 

1.  Notwithstanding the above, this Agreement will not apply to 
set asides on behalf of small and minority businesses. 

2. 

Except as specified otherwise in this Appendix, procurement 
in terms of U.S. coverage does not include non-contractual 
agreements or any form of government assistance, including 
cooperative agreements, grants, loans, equity infusions, 
guarantees, fiscal incentives, and governmental provision of 
goods and services to persons or governmental authorities 
not specifically covered under U.S. annexes to this 
agreement. 

3.  Procurement does not include the acquisition of fiscal 

agency or depository services, liquidation and management 
services for regulated financial institutions, and sale and 
distribution services for government debt. 

4.  Where a contract to be awarded by an entity is not covered 

by this Agreement, this Agreement shall not be construed to 
cover any good or service component of that contract. 

5.  For goods and services  (including construction) of the 
following countries and suppliers of such goods and 
services, this Agreement does not apply to procurement by 
the entities listed in Annexes 2 and 3 or the waiver 
described in Annex 3 : 

Canada 

Switzerland 
Norway 

Japan 

The United States is prepared to amend this' note at such 
time as coverage with respect to these annexes can be 
resolved with a Party listed above. 

6.  For construction services of the Republic of Korea and 

suppliers of such services, this Agreement applies only to 
procurement of the entities listed in Annexes 2 and 3 above 
a threshold of 15 million SDRs. 

7.  For goods and services  (including construction) of Japan and 

suppliers of such goods and services, this Agreement does 
not apply to procurement by the National Aeronautics and 
Space Administration. 

8.  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. 

AMENDED  GENERAI.  N O I ES  AND  DKKOC.'A TIONS  FROM  THE  PROVISIONS 
OF ARTICLE  III  OF APPENDIX  I OF THE  EC 

General  notes and derogations  from  the provisions of Article III 

^ 

1. 

The EC will not extend the benefits  of this Agreement: 

as  regards  the  award  of contracts  by  entities  listed  in  Annex  2  to  the  suppliers 
and  service providers of Canada; 

as  regards  the award  of contracts,  other  than  for  supplies,  listed  in  Annex  2  to 
the suppliers  and  service providers of the USA; 

_ 

as regards the award  of contracts by entities  listed  in Annex 3  paragraph 

. 

(a) (water), to the suppliers and service providers of Canada and the USA; 

(b)  (electricity),  to the suppliers and service providers  of  Canada,  Hong  Kong, 
and  Japan; 

(c) (airports),  to the suppliers  and  service  providers  of  Canada,  Korea  and  the 
USA; 

(d) (ports), to the suppliers and service providers of  Canada; 

(e) (urban  transport), to the suppliers  and  service  providers  of Canada.  Israel. 
Japan.  Korea and  the USA 

until  such  time as  the  EC has  accepted  that  the  Parties  concerned  give  comparable 
and effective  access  for  EC undertakings  to the relevant  markets; 

to  service  providers  of  Parties  which  do  not  include  service  contracts  for  die 
relevant  entities  in  Annexes  I  to  3  and  the  relevant  service  category  under 
Annexes 4 and  5 in their own coverage . 

2. The provisions  of Article XX shall not apply to suppliers and service  providers  of: 

-Israel.  Japan.  Korea  and  Switzerland  in  contesting  the  award  of  contracts  by 
entities  listed  under  Annex  2  paragraph  2.  until  such  time  as  the  EC  accepts  that 
thw-v have completed coverage of sub-central  entities; 

-Japan.  Korea  and  the  USA  in  contesting  the  award  of  contracts  to  a  supplier  or 
service provider  of  Parties other  than those mentioned,  which  arc  small  or  medium 
sized  enterprises  under  the  relevant  provisions  of  EC  law.  until  such  time  as  the 
EC  accepts  Uiat  they  no  longer  operate  discriminatory  measures  in  favour  of 
certain domestic small and minority businesses: 

-Israel. Japan, and  Korea  in contesting the award  of contracts  by  EC entities,  whose 
value  is less than  the threshold  applied ,for  the same category  of contracts  awarded 
by these Parties 

3.  Until  such  time as  the  EC  has accepted  that  the  Parties  concerned  provide access  for  EC 
suppliers  and  service  providers  to their  own markets,  the  EC  will  not  extend  die  benefits 
of this Agreement  to suppliers and service providers  of: 

Canada,  as  regards  procurement  of  FSC  36,  70  and  74  (special  industry 
machinery:  general  purpose  automatic  data  processing  equipment,  software, 
supplies  and  support  equipment  (except  7010  ADPE  configurations);  office 
machines,  visible record equipment and ADP equipment); 

_ 

Canada,  as  regards  procurement  of  FSG  58  (communications,  protection  and 
coherent  radiation  equipment)  and  the  USA  as  regards  air  traffic  control 
equipment; 

_  Korea  and  Israel  as  regards  procurement  by  entities  listed  in  Annex  3 
paragraph  (b), as  regards procurement  of HS  Nos  8504,  8535, 8537  and  8544 
(electrical  transformers,  plugs,  switches  and  insulated  cables);  and  for  Israel, 
~* 
HS Nos  8501,  8536 and 902830; 

die USA, as regards procurement  by entities  listed  in Annex  3 paragraph  (d), 
as regards procurement of dredging services and  procurement  related  to 
shipbuilding; 

Canada  and the USA as regards contracts  for good or service components of 
contracts  which, although awarded  by an entity covered  by  this Agreement,  are 
not themselves subject  to tin's Agreement. 

/ 

4. 

The Agreement  shall not apply to contracts awarded  under: 

an  international  agreement and intended  for the joint  implementation  or exploitation  of 
a  project  by the signatory States; 

an  international  agreement  relating to the stationing of troops; 

the particular  procedure of an international  organisation. 

5. 

6 

The  Agreement  shall  not  apply  to  procurement  of  agricultural  products  made  in 
furtherance  of agricultural  support  programmes and human  feeding  programmes. 

Contracts  awarded  by  entities  in  Annexes  1 and  2  in  connection  with  activities  in  the 
fields  of drinking water, energy, transport  or telecommunications, arc not  included. 

7. 

Tins  Agreement  shall  not apply to contracts awarded  by entities  in Annex  3: 

-  for  the  purchase  of  water  and  for  the  supply  of energy  or  of  fuels  for  the  production  of 

energy; 

-  for  purposes  other  than  the pursuit of their activities  as described  in this  Annex  or  for  the 

pursuit  of such activities  in a non-member country. 

-  for  purposes  of  re-sale or  hire to third  parties,  provided  that  the contracting  entity  enjoys 
no special  or exclusive  right  to sell or hire the subject  of such  contracts  and  other  entities 
arc  free  to sell or hire it under the same conditions as the contracting  entity. 

«S 

This  Agreement  shall not  be applicable to contracts. 

-  for  the acquisition  or  rental of land, existing  buildings, or other  immovable  property 
or concerning  rights thereon: 

-  for  the  acquisition,  development,  production  or  co-production  of  programme 
material  by broadcasters and contracts  for  broadcasting time 

9. 

This  Agreement  shall  not  be  applicable  to  the  award  of  scnice  contracts  by  Spanish 
entities  listed  m Annex  3 before  I January  1997 or  to the award  of contracts  by Greek  or 
Portuguese entities  listed  in Annex 3 before  1  January* 1998. 

ISSN 0254-1475 

COM(95) 18  final 

DOCUMENTS 

EN 

08  11 

Catalog number :  CB-CO-95-023-EN-C 

ISBN 92-77-85144-9 

Office for Official Publications of the European Communities 

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