1 COUNTRY-SPECIFIC DEROGATIONS mostrar más/menos
1.1 Switzerland will not extend the benefits of this Agreement: mostrar más/menos
a with regard to contracts awarded by entities listed in Annex 2, paragraph 2, to any Party to the GPA, other than the European Union, the members of the European Free Trade Association (EFTA), Armenia, North Macedonia, the Republic of Moldova, Montenegro, the United Kingdom and Ukraine;
b with regard to contracts awarded by entities listed in Annex 3 in the following sectors: mostrar más/menos
i water: to the suppliers and service providers of Australia, Canada, the United States of America and Singapore
ii electricity: to the suppliers and service providers of Australia, Canada, Japan and Singapore
iii airports: to the suppliers and service providers of Australia, Canada, Korea and the United States of America
iv ports: to the suppliers and service providers of Australia and Canada
v urban transport: to the suppliers and service providers of Australia, Canada, Israel, Japan and the United States of America
until such time as Switzerland accepts that the Parties concerned ensure comparable and effective access to the relevant markets for Swiss undertakings.
1.2 The provisions of Article XVIII shall not apply to suppliers and service providers of: mostrar más/menos
a Israel and Korea with regard to challenging the award of contracts by entities listed in the note to Annex 2 until such time as Switzerland accepts that those countries have expanded sub-central government coverage
b Japan, Korea, United States of America and Australia with regard to challenging the award of contracts to suppliers or service providers of Parties other than those mentioned which are small- or medium-sized enterprises within the meaning of Swiss law, until such time as Switzerland accepts that those countries no longer apply discriminatory measures in favour of certain domestic small or minority-owned businesses
c Israel, Japan, Korea and Australia with regard to challenging the award of contracts by Swiss entities, the value of which is below the threshold applied to the same category of contracts by those Parties.
1.3 Until such time as Switzerland accepts that the Parties concerned ensure market access for Swiss suppliers and service providers, Switzerland will not extend the benefits of this Agreement to suppliers and service providers of: mostrar más/menos
a Canada, with regard to contracts which have as their object products falling under FSC 58 (communication, detection and coherent radiation equipment), and the United States of America, with regard to air traffic control equipment
b Korea and Israel, with regard to contracts awarded by entities listed in Annex 3, paragraph 2, for products falling under HS tariff headings 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables); and Israel, with regard to contracts awarded for products falling under HS tariff headings 85012099, 85015299, 85015199, 85015290, 85014099, 85015390 and 8536.
2 GENERAL DEROGATIONS mostrar más/menos
2.1 This Agreement does not cover: mostrar más/menos
a goods, work or services provided by a contracting authority internally or by different contracting authorities with legal personality
b the procurement of goods and services which can only be provided by organizations that have an exclusive right to do so, granted as a result of published legislative, regulatory or administrative provisions (e.g. for the procurement of drinking water, energy, etc.).
3 EXPLANATORY NOTES mostrar más/menos
3.1 Switzerland understands that, pursuant to Article II:2(a)(ii), this Agreement does not cover investments of insured persons' funds by organizations governed by public law, such as insurance institutions and pension funds governed by public law.
3.2 Regardless of their activities, centralized and decentralized administrative authorities and units are subject only to the rules under Annexes 1 or 2. Regardless of their activities, public authorities and undertakings under Annex 3 are not subject to the rules under Annexes 1 and 2.
