Ukraine - Other Entities - Annex 3
1 Entities1 that carry out activities in the following spheres: show more/less
a ensuring production, transmission, supply, storage of gas
b ensuring production, transmission and supply of heat
c ensuring production, transmission and supply of electricity
d ensuring production, transportation and supply of potable water
e ensuring functioning of the centralized sewage facilities
f provision of services for usage of the rail transport infrastructure of general use
g ensuring functioning of municipal electric transport and operation of its facilities to provide transportation services
h provision of services by bus terminals, ports and airports
i provision of air navigation services for support of movement of airplanes
j provision of postal services
k geological exploration (including extraction for explorative purposes) of the oil, gas, coal and other types of solid fuel
l ensuring operation and management of the fixed telecommunication networks of general use or provision of telecommunication services of general use
m ensuring transportation, storage and processing of crude oil and oil products.
- 2 An indicative list of entities fulfilling the criteria set out above follows.2
I Provided that the conditions in paragraph II are met, this Agreement does not cover procurement: show more/less
a by a procuring entity from an affiliated undertaking3, 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 f. of this Annex, from 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% of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives from the provision of such services or supplies to undertakings with which it is affiliated.4
1 An entity is any undertaking which meets at least one of the following criteria:
- the public authorities, authorities of the Autonomous Republic of Crimea, local self-governance bodies or other administrators of public funds have more than 50% in the authorized capital of such an undertaking, or a majority of the votes in the supreme governing body of the undertaking, or have the right to appoint more than half of the executive or supervisory body of the undertaking;
- it is in a possession of special or exclusive rights meaning rights granted within the powers of a public authority or a local authority on the basis of any legal act and/or an act of individual actions that restrict activities in the areas specified in this Annex by one or more persons which significantly affect the ability of other people to carry out activities in these areas.
2 An indicative list of covered entities is published on the web-page of the Ministry of Economy and Trade of Ukraine http://www.me.gov.ua and includes the entities in the list attached to Annex 3.
3 "affiliated undertaking" means 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.
4 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.