Switzerland - General Notes - Annex 7 report

1 Specific derogations by country show more/less

1.1 Switzerland will not extend the benefits of this Agreement: show more/less

a as regards the award of contracts by entities listed in Annex 2, figure 2 to any member of the GPA, with the exception of the European Union, the members of the European Free Trade Association (EFTA) and Armenia.

b as regards the award of contracts by entities listed in Annex 3 in the following sectors; show more/less

i water: to the suppliers and services providers of Canada, the United States of America and Singapore;

ii electricity: to the suppliers and service providers of Canada, Japan and Singapore;

iii airports: to the suppliers and service providers of Canada, Korea and the United States of America;

iv ports: to the suppliers and service providers of Canada;

v urban transport: to the suppliers and service providers of Canada, Japan and the United States of America;

until such time as Switzerland accepts that the Parties concerned give comparable and effective access for Swiss undertakings to the relevant markets;

1.2 The provisions of Article XVIII shall not apply to suppliers and service providers of: show more/less

a Israel and Korea in contesting the award of contracts by entities listed in the note to Annex 2 until such time as Switzerland accepts that they have completed coverage of sub-central entities;

b Japan, Korea and the United States of America in contesting the award of contracts to suppliers or service providers of Parties other than those mentioned which are small- or medium-sized enterprises under the relevant provisions of Swiss law, until such time as Switzerland accepts that these countries no longer operate discriminatory measures in favour of certain domestic small and minority businesses;

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

1.3 Until such time as Switzerland accepts that the Parties concerned provide access for Swiss suppliers and service providers to their own markets, Switzerland will not extend the benefits of this Agreement to suppliers and service providers of: show more/less

a Canada, as regards procurement of FSC 58 (communication, detection and coherent radiation equipment), and the United States of America, as regards air traffic control equipment;

b Korea and Israel, as regards procurement by entities listed in Annex 3, paragraph 2, for products falling under HS tariff headings 8504, 8535, 8537, 8544 (electrical transformers, plugs, switches and insulated cables); and Israel, for products falling under HS tariff headings 85012099, 85015299, 85015199, 85015290, 85014099, 85015390.

2 General derogations show more/less

2.1 This Agreement does not cover: show more/less

a procurement carried out by an internal contractor or by specific contractors with legal personality;

b procurement of goods and services which can only be acquired from organisations with exclusive rights granted as result of published legislative, regulatory or administrative provisions (e.g. for the purchase of drinking water, energy, etc.).

3 Explanatory notes show more/less

3.1 Switzerland understands that under article II, ch. 2 a) ii, this Agreement does not cover fund placements of insured persons conducted by public organisations such as public insurance and pension funds.

3.2 Regardless of their activities, centralised and decentralised administrative authorities and entities are only subject to the rules of Annexes 1 or 2. Regardless of their activities, public authorities or public undertakings under Annex 3 are not subject to the rules under Annex 1 and 2.