Iceland - Other Entities - Annex 3 doc report

Thresholds for: SDR ISK
Goods 400,000 71,430,313
Services 400,000 71,430,313
Construction services 5,000,000 892,878,916
National Currencies

1 All contracting 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: show more/less

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;

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;

c the provision of airport or other terminal facilities to carriers by air;

d the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;

e the provision or operation of networks2 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;

f the provision or operation of networks providing a service to the public in the field of transport by railways3 ;

g provision of postal services.

2 An Indicative list of contracting authorities and public undertakings fulfilling the criteria set out above follows.

  • 1 The Electricity sector
    • 1.1 The National Power Company (Landvirkjun, Act No 42/1983)
      • 1.2 Iceland Power Grid (Landsnet, Act No 75/2004)
        • 1.3 The State Electric Power Works (Rafmagnsveitur ríkisins, Act No 58/1967)
          • 1.4 Reykjavík Energy (Orkuveita Reykjavíkur, Act No 139/2001)
            • 1.5 Vestfjord Power Company (Orkubú Vestfjarða, Act No 40/2001)
              • 1.6 Norðurorka, Act No 159/2002
                • 1.7 Hitaveita Suðurnesja, Act No 10/2001
                  • 1.8 Other entities producing, transporting or distributing electricity pursuant to Act No 65/2003
                  • 2 Urban transport
                    • 2.1 The Reykjavík Municipal Bus Service (Strætó)
                      • 2.2 Other entities operating in accordance with Act No 73/2001 on urban transport
                      • 3 Airports
                        • 3.1 Directorate of Civil Aviation (Flugmálastjórn Íslands, Act No 100/2006)
                        • 4 Ports
                          • 4.1 Icelandic Maritime Administration (Siglingastofnun Íslands)
                            • 4.2 Other entities operating pursuant to the Harbour Act No 61/2003
                            • 5 Water supply
                              • 5.1 Public entities producing or distributing drinking water pursuant to Act No 32/2004 on Municipal Water Supply
                              • 6 Postal Services
                                • 6.1 Entities operating in accordance with Act No 19/2002 on postal services

                                1 Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.

                                2 This Agreement does not cover procurement by procuring entities included in this Annex: show more/less

                                a for the purchase of water and for the supply of energy or of fuels for the production of energy;

                                b for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities in a non-EEA country;

                                c 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.

                                3 The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an relevant activity within the meaning of paragraphs (a) or (b) of this Annex where: show more/less

                                a the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs (a) to (g) of this Annex; and

                                b supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.

                                4 I. Provided that the conditions in paragraph II are met, this Agreement does not cover procurement: show more/less

                                a by a procuring entity to an affiliated undertaking4, or

                                b by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs (a) to (g) of this Annex, to an undertaking which is affiliated with one of these procuring entities.

                                II. Paragraph I shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies 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.

                                5 This Agreement does not cover procurement: show more/less

                                a by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs (a) to (g) 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 to carry out the activity concerned over a period of at least three years and 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.

                                6 The following shall not be considered as covered procurement: show more/less

                                a procurement by procuring entities operating in the fields of: show more/less

                                i production, transport or distribution of drinking water covered under this Annex;

                                ii production, transport or distribution of electricity covered under this Annex;

                                iii airport facilities covered under this Annex;

                                iv maritime or inland port or other terminal facilities covered under this Annex; and

                                v urban railway, tramway, trolley bus or bus services covered under this Annex in regard of supplies, services, suppliers and service providers from Canada;

                                vi a new one.

                                b procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers from the United States;

                                c procurement by procuring entities operating in the field of maritime or inland port or other terminal facilities covered under this Annex of dredging services or related to shipbuilding in regard of suppliers and service providers from the United States;

                                d procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States

                                e procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of suppliers and service providers from the United States and Korea;

                                f procurement by procuring entities operating in the field of urban railway, tramway, trolleybus or bus services covered under this Annex in regard of suppliers and service providers from the United States;

                                g procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;

                                h procurement by procuring entities operating in the field of railways covered under this Annex in regard of goods, suppliers, services and service providers from Armenia; Canada; Japan; United States; Hong Kong, China; Singapore; and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;

                                i procurement by procuring entities operating in the field of high-speed railways and high-speed railways infrastructure in regard of goods, suppliers, services and service providers from Korea;

                                j procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered procurement in regard of suppliers and service providers from the United States;

                                k procurement by procuring entities operating in the field of production, transport or distribution of electricity covered under this Annex in regard of suppliers and services providers from Japan;

                                l procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in regard of suppliers from Korea;

                                m procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 85012099, 85015299, 85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in regard of suppliers from Israel;

                                n procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel;

                                until such time as Iceland has accepted that the Parties concerned provide satisfactory reciprocal access to Icelandic goods, suppliers, services and service providers to their own procurement markets.

                                7 The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the United States in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of Icelandic law, until such time as Iceland accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.

                                8 The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by Icelandic entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.

                                1 According to the EEA utilities directive, a public undertaking is any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
                                A dominant influence on the part of the contracting authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:
                                i. hold the majority of the undertaking's subscribed capital, or
                                ii. control the majority of the votes attaching to shares issued by the undertaking, or
                                iii. can appoint more than half of the undertaking's administrative, management or supervisory body.

                                2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority, of an EEA member state, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

                                3 E.g the provision or operation of networks (within the meaning of footnote 2) providing a service to the public in the field of transport by high-speed or conventional trains.

                                4 "Affiliated undertaking" means any undertaking the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements of Council Directive 83/349/EEC on consolidated accounts, or in case of entities not subject to that Directive, any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.