Switzerland - Other Entities - Annex 3 report

Thresholds for: SDR
Goods 400,000
Services 400,000
Construction Services 5,000,000
National Currencies

1 Procuring entities which are public authorities1 or public undertakings2 and which have as at least one of their activities any of those referred to below: show more/less

a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transportation or distribution of drinking water or the supply of drinking water to such networks (as specified under Title I);

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 II);

c the operation of networks 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 III);

d the exploitation of a geographical area for the purpose of providing airport or other terminal facilities to carriers by air (as specified under Title IV);

e exploitation of a geographical area for the purpose of providing inland port or other terminal facilities to carriers by sea or inland waterway (as specified under Title V);

f the provision of postal services (specified under TitleVI).

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

a which procuring entities award for purposes other than the pursuit of their activities as described in this Annex or for the pursuit of these activities outside Switzerland.

b by procuring entities pursuing an activity described in this Annex when that activity is exposed to full market competition.

1 Public Authorities means: The State, regional or local authorities, bodies governed by Public Law, or associations formed by one or more of such authorities or bodies governed by public law. A body is considered to be governed by public law where it :
i. Is established for the specific purpose of meeting needs in the general interest and is not of an industrial or commercial nature;
ii. has legal personality; and
iii. is financed for the most part by the State, or regional or local authorities, or other bodies governed by public law, or is subject to management supervision by those Bodies, or has an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities, or other bodies governed by public law.

2 Public undertakings means any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public 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 the members of the undertaking's administrative, managerial or supervisory body.

3 RS 734.0.

4 RS 721.80.

5 RS 732.1.

6 RS 742.101.

7 RS 745.1.

8 RS 748.0.

9 SGS 421.1.

10 RS 783.0