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| Liechtenstein * (Authentic in the English Language only) | | | | |
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| | SDR 400,000 | | | |
| | SDR 400,000 | | | |
| | SDR 5,000,000 | | | |
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| 1 All procuring entities whose procurement is covered by the EEA utilities directive which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings¹ and which have as one of their activities any of those referred to below or any combination thereof: | | | | |
| a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks (as specified under title 1); | | | | |
| b the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks (as specified under title 2); | | | | |
| c the provision or operation of networks² providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolleybus, bus or cable (as specified under title 3); | | | | |
| d the exploitation of a geographical area for the purpose of the provision of airport or other terminal facilities to carriers by air (as specified under title 4); | | | | |
| e the exploitation of a geographical area for the purpose of the provision of inland port or other terminal facilities to carriers by sea or inland waterway (as specified under title 5); | | | | |
| f provision of postal services (as specified under title 6). | | | | |
| 1 Production, transport or distribution of drinking water | | | | |
| 1.1 Public authorities and public undertakings producing, transporting and distributing drinking water. Such public authorities and public undertakings are operating under local legislation or under individual agreements based thereupon. | | | | |
| 1 Gruppenwasserversorgung Liechtensteiner Oberland | | | | |
| 2 Gruppenwasserversorgung Liechtensteiner Unterland | | | | |
| 2 Production, transport or distribution of electricity | | | | |
| 2.1 Public authorities and public undertakings for the production, transport and distribution of electricity operating on the basis of authorizations for expropriation. | | | | |
| 1 Liechtensteinische Kraftwerke | | | | |
| 3 Procuring entities in the field of urban railway, automated systems, tramway, trolley bus, bus or cable services | | | | |
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| 4 Procuring entities in the field of airport facilities | | | | |
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| 5 Procuring entities in the field of inland ports | | | | |
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| 6.1 Liechtensteinische Post AG, but only for activities for which it holds exclusive rights. | | | | |
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| 1 This Agreement does not cover procurement which the procuring entity awards for purposes other than the pursuit of their activities as described in this Annex or for the pursuit of such activities in a non-EEA country. | | | | |
| 2 This Agreement does not cover procurement: | | | | |
| a by a procuring entity to an affiliated undertaking³; or | | | | |
| b by a joint venture formed exclusively by a number of procuring entities for the purpose of carrying out a relevant activity within the meaning of paragraphs (a) to (f) of this Annex, to an undertaking which is affiliated with one of these procuring entities, | | | | |
| provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to goods, services or construction services for the preceding three years derives respectively from the provision of such services or goods to undertakings with which it is affiliated.
When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections. | | | | |
| 3 This Agreement does not cover procurement by entities in this Annex: | | | | |
| a by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities of paragraphs (a) to (f) of this Annex, to one of these procuring entities; or | | | | |
| b by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up in order to carry out the activity concerned over a period of at least three years and that the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period. | | | | |
| 4 This Agreement does not cover procurement for the purchase of water, the supply of energy or of fuels for the production of energy. | | | | |
| 5 This Agreement does not cover procurement by procuring entities other than a public authority exercising the supply of drinking water or electricity to networks which provide a service to the public, if they produce these services by themselves and consume them for the purpose of carrying out other activities than those described under this Annex under (a) and (b) and provided that the supply to the public network depends only on the entity's own consumption and does not exceed 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year. | | | | |
| 6 This Agreement does not cover procurement for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity. | | | | |
| 7 This Agreement does not cover procurement by procuring entities providing a bus service if other entities are free to offer the same service either in general or in a specific geographical area and under the same conditions. | | | | |
| 8 This Agreement does not cover procurement by procuring entities pursuing an activity described in this Annex when that activity is exposed to full market competition. | | | | |
| 9 The following shall not be considered as covered procurement: | | | | |
| a procurement by procuring entities operating in the fields of: | | | | |
| i production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers of Australia, Canada and the United States of America; | | | | |
| ii electricity in regard of suppliers and service providers of Australia, Canada and Japan; | | | | |