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European Union MOU On Public Procurement (1995)

AGREEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS

BETWEEN THE EUROPEAN COMMUNITY

AND THE UNITED STATES OF AMERICA

ON GOVERNMENT PROCUREMENT

Washington, 30 May 1995

[hand-written date]

His Excellency Sir Leon BRITTAN

Vice-President

Commission of the European Communities

200 Rue de la Loi

1049 Brussels, Belgium

Dear Mr Vice-President,

With reference to the discussions held between representatives of the Government of the United States of America (hereinafter the US) and the European Community (hereinafter the EC) regarding government procurement, I have the honour to confirm the following:

1. The US and the EC agree to amend their respective Appendix I of the Government Procurement Agreement signed at Marrakesh on 15 April 1994, as set out in the attachments to this letter.

2. The US shall grant to EC suppliers of goods and services, including construction services, treatment no less favourable than for out-of-state suppliers for the Massachusetts Port Authority and for the states of West Virginia, North Dakota and as regards Illinois for procurement not covered by the Government Procurement Agreement, and for out-of-city suppliers for the cities of Boston, Chicago, Dallas, Detroit, Indianapolis, Nashville and San Antonio.

3. The US and the EC agree to cooperate and take all necessary steps to improve substantially the transparency of the notices of intended procurement in order to ensure that contracts under the Government Procurement Agreement can be clearly identified as such.

4. The US and the EC agree that the Memorandum of Understanding between the US and the EC on Government Procurement of 25 May 1993 will be extended until the date of entry into force of the Government Procurement Agreement signed at Marrakesh on 15 April 1994.

5. The US agrees that it will implement its obligations with respect to the Rural Electrification Administration contained in Annex 3 of its Appendix I attached hereto as soon as possible after entry into force of this Agreement, but no later than entry into force of the Agreement establishing the World Trade Organization.

I shall be grateful, Mr Vice-President, if you could kindly confirm that this letter and its attachments correctly set out the understanding reached between us.

I propose that, if the EC so agrees, this letter and its attachments and your reply to that effect constitute an agreement between the EC and the Government of the US, which will enter into force on the date hereof, with the exception of point 2 above, which will be effective upon entry into force of the Government Procurement Agreement signed at Marrakesh on 15 April 1994.

Please accept, Mr Vice-President, the assurance of my highest consideration.

Sincerely,

[signature]

Michael KANTOR

Attachments: Amended Annexes 2 and 3 and General Notes of Appendix I of the United States.

Amended general notes and derogations from the provisions of Article III of Appendix I of the EC.

Brussels , 30 May 1995

[hand-written date]

Ambassador Michael KANTOR

United States Trade Representative

Executive Office of the President

WASHINGTON DC 20506

(United States of America)

Dear Mr Ambassador,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

"With reference to the discussions held between representatives of the Government of the United States of America (hereinafter the US) and the European Community (hereinafter the EC) regarding government procurement, I have the honour to confirm the following:

1. The US and the EC agree to amend their respective Appendix I of the Government Procurement Agreement signed at Marrakesh on 15 April 1994, as set out in the attachments to this letter.

2. The US shall grant to EC suppliers of goods and services, including construction services, treatment no less favourable than for out-of-state suppliers for the Massachusetts Port Authority and for the states of West Virginia, North Dakota and as regards Illinois for procurement not covered by the Government Procurement Agreement, and for out-of-city suppliers for the cities of Boston, Chicago, Dallas, Detroit, Indianapolis, Nashville and San Antonio.

3. The US and the EC agree to cooperate and take all necessary steps to improve substantially the transparency of the notices of intended procurement in order to ensure that contracts covered under the Government Procurement Agreement can be clearly identified as such.

4. The US and the EC agree that the Memorandum of Understanding between the US and the EC on Government Procurement of 25 May 1993 will be extended until the date of entry into force of the Government Procurement Agreement signed at Marrakesh on 15 April 1994.

5. The US agrees that it will implement its obligations with respect to the Rural Electrification Administration contained in Annex 3 of its Appendix I attached hereto as soon as possible after entry into force of this Agreement, but no later than entry into force of the Agreement establishing the World Trade Organization.

I shall be grateful, Mr Vice-President, if you could kindly confirm that this letter and its attachments correctly set out the understanding reached between us.

I propose that, if the EC so agrees, this letter and its attachments and your reply to that effect constitute an agreement between the EC and the Government of the US, which will enter into force on the date hereof, with the exception of point 2 above, which will be effective upon entry into force of the Government Procurement Agreement signed at Marrakesh on 15 April 1994.

Please accept, Mr Vice-President, the assurance of my highest consideration.

Sincerely,

[signature]

Michael KANTOR

Attachments: Amended Annexes 2 and 3 and General Notes of Appendix I of the United States.

Amended general notes and derogations from the provisions of Article III of Appendix I of the EC."

I have the honour to confirm that the EC agrees to the common understanding set out in your letter and its attachments and that your letter, this reply and the attachments shall constitute an agreement between the EC and the Government of the US.

Please accept, Mr Ambassador, the assurance of my highest consideration.

Sincerely,

[signature]

Sir Leon BRITTAN

AMENDED ANNEXES 2 AND 3 AND GENERAL NOTES OF APPENDIX OF THE UNITED STATES

ANNEX 2

Sub-Central Government Entities which Procure in Accordance with the Provisions of this Agreement

Thresholds 355,000 SDRs for supplies and services

5 million SDRs for construction

List of Entities

Arizona

Executive branch agencies

Arkansas

Executive branch agencies, including universities but excluding the Office of Fish and

Game and construction services

California

Executive branch agencies

Colorado

Executive branch agencies

Connecticut

Department of Administrative Services

Connecticut Department of Transportation

Connecticut Department of Public Works

Constituent Units of Higher Education

Delaware

Administrative Services (Central Procurement Agency)

State Universities

State Colleges

Florida

Executive branch agencies

Hawaii

Department of Accounting and General Services (with the exception of procurements of software developed in the state and construction)

Idaho

Central Procurement Agency (including all colleges and universities subject to central purchasing oversight)

Illinois

Department of Central Management Services

Iowa

Department of General Services

Department of Transportation

Board of Regents' Institutions (universities)

Kansas

Executive branch agencies, excluding construction services, automobiles and aircraft

Kentucky

Division of Purchases, Finance and Administration Cabinet, excluding construction projects

Louisiana

Executive branch agencies

Maine

Department of Administrative and Financial Services

Bureau of General Services (covering state government agencies and school construction)

Maine Department of Transportation

Maryland *

Office of the Treasury

Department of the Environment

Department of General Services

Department of Housing and Community Development

Department of Human Resources

Department of Licensing and Regulation

Department of Natural Resources

Department of Public Safety and Correctional Services

Department of Personnel

Department of Transportation

Massachusetts

Executive Office for Administration and Finance

Executive Office of Communities and Development

Executive Office of Consumer Affairs

Executive Office of Economic Affairs

Executive Office of Education

Executive Office of Elder Affairs

Executive Office of Environmental Affairs

Executive Office of Health and Human Service

Executive Office of Labor

Executive Office of Public Safety

Executive Office of Transportation and Construction

Michigan*

Department of Management and Budget

Minnesota

Executive branch agencies

Mississippi

Department of Finance and Administration (does not include services)

Missouri

Office of Administration

Division of Purchasing and Materials Management

Montana

Division of Purchasing and Materials Management

Montana

Executive branch agencies (only for services and construction)

New York

State agencies

State university system

Public authorities and public benefit corporations, with the exception of those entities with multi-state mandates

In addition to the exceptions noted at the end of this annex, transit cars, buses and related equipment are not covered.

Nebraska

Central Procurement Agency

New Hampshire *

Central Procurement Agency

Oklahoma *

Office of Public Affairs and all state agencies and departments subject to the Oklahoma Central Purchasing Act, excluding construction services.

Oregon

Department of Administrative Services

Pennsylvania *

Executive branch agencies, including:

Governor's Office

Department of the Auditor General

Treasury Department

Department of Agriculture

Department of Banking

Pennsylvania Securities Commission

Department of Health

Department of Transportation

Insurance Department

Department of Aging

Department of Correction

Department of Labor and Industry

Department of Military Affairs

Office of Attorney General

Department of General Services

Department of Education

Public Utility Commission

Departmentof Revenue

Department of State

Pennsylvania State Police

Department of Public Welfare

Fish Commission

Game Commission

Department of Commerce

Board of Probation and Parole

Liquor Control Board

Milk Marketing Board

Lieutenant Governor's Office

Department of Community Affairs

Pennsylvania Historical and Museum Commission

Pennsylvania Emergency Management Agency

State Civil Service Commission

Pennsylvania Public Television Network

Department of Environmental Resources

State Tax Equalization Board

Department of Public Welfare

State Employees' Retirement System

Pennsylvania Municipal Retirement Board

Public School Employees' Retirement System

Pennsylvania Crime Commission

Executive Offices

Rhode Island

Executive branch agencies, excluding boats, automobiles, buses and related equipment

South Dakota

Central Procuring Agency (including universities and penal institutions)

In addition to the exceptions noted at the end of this annex, procurements of beef are not covered.

Tennessee

Executive branch agencies (excluding services and construction)

Texas

General Services Commission

Utah

Executive branch agencies

Vermont

Executive branch agencies

Washington

Washington State executive branch agencies, including:

General Administration

Department of Transportation

State Universities

In addition to the exceptions noted at the end of this annex, procurements of fuel, paper products, boats, ships and vessels are not covered.

Wisconsin

Executive branch agencies, including:

Department of Administration

State Correctional Institutions

Department of Development

Educational Communications Board

Department of Employment Relations

State Historical Society

Department of Health and Social Services

Insurance Commissioner

Department of Justice

Lottery Board

Department of Natural Resources

Administration for Public Instruction

Racing Board

Department of Revenue

State Fair Park Board

Department of Transportation

State University System

Wyoming *

Procurement Services Division

Wyoming Department of Transportation

University of Wyoming

Notes to Annex 2

In addition to the conditions specified in the General Notes, the following conditions apply:

1 For those states marked by an asterisk with pre-existing restrictions, the Agreement does not apply to procurement of construction-grade steel (including requirements on subcontracts), motor vehicles and coal.

2. The Agreement shall not apply to preferences or restrictions associated with programs promoting the development of distressed areas and businesses owned by minorities, disabled veterans and women are reserved from coverage.

3. Nothing in this annex shall be construed to prevent any state entity from applying restrictions that promote the general environmental quality in that state, as long as such restrictions are not disguised barriers to international trade.

4. The Agreement shall not apply to any procurement made by a covered entity on behalf of non-covered entities at a different level of government.

5. The Agreement shall not apply to restrictions attached to Federal funds for mass transit and highway projects.

ANNEX 3

All Other Entities which Procure in Accordance With

the Provisions of this Agreement

Threshold: 400,000 SDRs for supplies and services (except as specified below)

5 million SDRs for construction

List of Entities

The following entities at the SDR equivalent of $250,000 for supplies and services:

Tennessee Valley Authority

Power Marketing Administrations of the Department of Energy

- Bonneville Power Administration

- Western Area Power Administration

- Southeastern Power Administration

- Southwestern Power Administration

- Alaska Power Administration

St Lawrence Seaway Development Corporation

The following entities at 400,000 SDRs for supplies and services:

The Port Authority of New York and New Jersey with the following exceptions:

-Maintenance, repair and operating materials and supplies (e.g. hardware, tools, lamps/lighting, plumbing).

-In exceptional cases, individual procurements may require certain regional production of goods if authorized by the Board of Directors.

-Procurements pursuant to multi-jurisdictionaI agreement (i.e. for contracts which have initially been awarded by other jurisdictions).

The Port of Baltimore (subject to the conditions specified for the state of Maryland in Annex 2)

The New York Power Authority (subject to the conditions specified for the state of New York in Annex 2)

Rural Electrification Administration Financing:

(1) waiver of Buy American restrictions on financing for all power generation projects

(restrictions on financing for telecommunication projects are excluded from the Agreement);

(2) application of Code-equivalent procurement procedures and national treatment to funded projects exceeding the thresholds specified above.

Notes to Annex 3

1. With respect to these entities, the Agreement shall not apply to restrictions attached to Federal funds for airport projects.

2. The conditions specified in the General Notes apply to this Annex.

General Notes

1. Notwithstanding the above, this Agreement will not apply to set asides on behalf of small and minority businesses.

2. Except as specified otherwise in this Appendix, procurement in terms of US coverage does not include non-contractual agreements or any form of government

assistance, including cooperative agreements, grants, loans, equity infusions, guarantees, fiscal incentives, and governmental provision of goods and services to persons or governmental authorities not specifically covered under US annexes to this Agreement.

3. Procurement does not include the acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions and sale and distribution services for government debt.

4. Where a contract to be awarded by an entity is not covered by this Agreement, this Agreement shall not be construed to cover any good or service component of that contract.

5. For goods and services (including construction) of the following countries and suppliers of such goods and services, this Agreement does not apply to procurement by the entities listed in Annexes 2 and 3 or the waiver described in Annex 3:

Canada

Switzerland

Norway

Japan

The United States is prepared to amend this note at such time as coverage with respect to these annexes can be resolved with a Party listed above.

6. For construction services of the Republic of Korea and suppliers of such services, this Agreement applies only to procurement of the entities listed in Annexes 2 and 3 above a threshold of 15 million SDRs.

7. For goods and services (including construction) of Japan and suppliers of such goods and services, this Agreement does not apply to procurement by the National Aeronautics and Space Administration.

8. A service listed in Annex 4 is covered with respect to a particular Party only to the extent that such Party has included that service in its Annex 4.

AMENDED GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS

OF ARTICLE III OF APPENDIX I OF THE EC

General notes and derogations from the provisions of Article III

1. The EC will not extend the benefits of this Agreement:

- as regards the award of contracts listed in Annex 2 to the suppliers and service providers of Canada;

- as regards the award of contracts, other than for supplies, listed in Annex 2 to the suppliers and service providers of the USA;

- as regards the award of contracts by entities listed in Annex 3 paragraph

(a) (water), to the suppliers and service providers of Canada and the USA;

(b) (electricity), to the suppliers and service providers of Canada, Hong Kong and Japan;

(c) (airports), to the suppliers and service providers of Canada, Korea and the USA;

(d) (ports), to the suppliers and service providers of Canada;

(e) (urban transport), to the suppliers and service providers of Canada, Israel, Japan, Korea and the USA until such time as the EC has accepted that the Parties concerned give comparable and effective access for EC undertakings to the relevant markets:

- to service providers of Parties which do not include service contracts for the relevant entities in Annexes 1 to 3 and the relevant service category under Annexes 4 and 5 in their own coverage.

2. The provisions of Article XX shall not apply to suppliers and service providers of:

- Israel, Japan, Korea and Switzerland in contesting the award of contracts by entities listed under Annex 2, paragraph 2, until such time as the EC accepts that they have completed coverage of sub-central entities;

- Japan, Korea and the USA 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 EC law, until such time as the EC accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses;

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

3. Until such time as the EC has accepted that the Parties concerned provide access for EC suppliers and service providers to their own markets, the EC will not extend the benefits of this Agreement to suppliers and service providers of:

- Canada, as regards procurement of FSC 36, 70 and 74 (special industry

machinery, general purpose automatic data processing equipment, software, supplies and support equipment (except 7010 ADPE configurations), office machines, visible record equipment and ADP equipment);

- Canada, as regards procurement of FSG 58 (communications, protection and coherent radiation equipment) and the USA as regards air traffic control

equipment;

- Korea and Israel as regards procurement by entities listed in Annex 3 paragraph (b), as regards procurement of HS Nos 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables); and for Israel,

HS Nos 8501, 8536 and 902830;

- the USA, as regards procurement by entities listed in Annex 3 paragraph (d), as regards procurement of dredging services and procurement related to shipbuilding;

- Canada and the USA as regards contracts for good or service components of contracts which, although awarded by an entity covered by this Agreement, are not themselves subject to this Agreement.

4. The Agreement shall not apply to contracts awarded under:

- an international agreement and intended for the joint implementation or exploitation of a project by the signatory States;

- an international agreement relating to the stationing of troops;

- the particular procedure of an international organization.

5. The Agreement shall not apply to procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes.

6. Contracts awarded by entities in Annexes 1 and 2 in connection with activities in the fields of drinking water, energy, transport or telecommunications, are not included.

7. This Agreement shall not apply to contracts awarded by entities in Annex 3:

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

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

- for purposes of re-sale or hire to third parties, provided that the contracting 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 contracting entity.

8. This Agreement shall not be applicable to contracts:

- for the acquisition or rental of land, existing buildings or other immovable property or concerning rights thereon;

- for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.

9. This agreement shall not be applicable to the award of service contracts by Spanish entities listed in Annex 3 before 1 January 1997 or to the award of contracts by Greek or Portuguese entities listed in Annex 3 before 1 January 1998.

EUROPEAN UNION MEMORANDUM OF UNDERSTANDING ON GOVERNMENT PROCUREMENT

Memorandum of Understanding between the United States of America (the USA) and the European Economic Community (the EEC):

WHEREAS the USA and the EEC are Parties to the GATT Agreement on Government Procurement (the Code), which entered into force on 1 January 1981;

WHEREAS Article IX:6 of the Code states that the Parties to the Code shall undertake further negotiations with a view to broadening and improving the Code on the basis of mutual reciprocity;

WHEREAS the USA and the EEC have been involved in multilateral negotiations to expand coverage of the Code since 1984;

WHEREAS, in the interest of facilitating agreement on a new Code, the USA and the EEC undertook bilateral negotiations to resolve certain outstanding problems between them;

WHEREAS the USA and the EEC expect that any bilateral agreement on these issues will provide appropriate reciprocal competitive government procurement opportunities that are intended to become part of the expanded Code;

WHEREAS the USA and the EEC have decided to make certain reciprocal commitments to open their respective procurement markets as a downpayment towards an expanded Code;

THEREFORE, the USA and the EEC have agreed as follows:

Article 1 Scope and definitions

1. This Agreement shall apply to:

- contracts for goods, works (otherwise "construction services"), and other services, which are awarded by entities included in Annexes 1 and 2; and

- contracts for goods and works, which are awarded by entities listed in Annexes 3 and 4.

2. "Works contracts" shall be those contracts which have as their objective of the Central Product Clarification of the United Nations or of Annex 2 to Council Directive 71/305/EEC.

"Other services" shall be those contracts for which the principal object is the obtaining of one or more of the services which are included in both Annexes 5 and 6.

Article 2 Central and federal government entities

1. In the award of contracts by entities which are included in Annex 1, the EEC shall afford to the suppliers, contractors and service providers of the USA and to goods and services originating within the customs territory of the USA the award procedures of Council Directive 77/62/EEC which shall apply to goods contracts, the estimated value of which, net of VAT, is not less than the code threshold, currently ECU 125 576, of Council Directive 92/50/EEC, which shall apply to services contracts, the estimated value of which, net of VAT, is not less than ECU 200 000, and of Council Directive 71/305/EEC, which shall apply to works contracts the estimated value of which, net of VAT, is not less than ECU 5 000 000.

2. The USA shall waive the application of the Buy America Act (41 U.S.C. 10a) to the award of contracts by entities which are included in Annex 2, above a threshold of $6 500 000 for works contracts, and above the code threshold (which is currently $176 000) for goods and other services contracts. In the award of such contracts the USA shall afford to the suppliers, contractors and service providers of the EEC and to goods and services originating within the customs territory of the EEC, the award procedures of the Federal Acquisition Regulations, other than those pertaining to the application of the Buy America Act.

3. Each Party may maintain its current derogations under the Code.

Article 3 Electrical Utilities

1. The EEC shall extend the benefits of the provisions of Council Directive 90/531/EEC to US products, suppliers and contractors in the award of contracts by entities included in Annex 3 and will make the benefits of Council Directive 92/13/EEC available to US suppliers and contractors for such awards.

2. The USA shall waive the application of the Buy America Act (41 U.S.C. 10a) to the award of contracts by entities which are included in Annex 4, above a threshold of $6 500 000 for works contracts, and $450 000 for goods contracts. In the award of such contracts the USA shall afford to the suppliers, contractors and service providers of the EEC and to goods and services originating within the customs territory of the EEC, award procedures substantially equivalent to the Federal Acquisition Regulations, other than those pertaining to the application of the Buy America Act.

Article 4 Joint Study

The USA and the EEC shall jointly sponsor a study of the procurement opportunities that would arise from their respective offers and requests in the negotiations for the expanded Code. The study, the terms of reference of which are attached at Annex 7, will be conducted by an independent consultant and should be completed by 31 January 1994.

Article 5 Continuation of negotiations

1. Following completion of the study, the USA and the EEC shall negotiate with a view to reaching a balanced, comprehensive agreement on procurement, with a high level of coverage in Code categories A, B and C, and a self-contained agreement on telecommunications procurement.

2. The comprehensive agreement on procurement is intended to be integrated, through multilateral negotiations, into an expanded Code. However, in the event that a satisfactory expanded Code cannot be achieved in time, the Parties intend to conclude a bilateral agreement on procurement, containing the elements described in paragraph 1.

Article 6 Final entity lists

The United States Government and the Comission of the European Communities shall immediately start the consultations necessary (including with other branches and levels of government) to enable each Party:

- promptly upon the completion of the study, to present entity lists that would permit the Parties to achieve a balanced agreement at a high level of coverage in Code Categories A, B and C;

- to incorporate within those lists: for the USA, State, municipal and other sub-federal entities that have committed to accept obligations in respect of their procurement; and for the EEC, regional, local and other sub-central entities.

Article 7 Final provisions

1. This Agreement shall enter into force on signature except that, for the procurement of services ("other services" in the sense of Article 1(2)), it shall not enter into force before 1 July 1993.

2. If signature does not take place by 30 May 1993, the Parties shall consult with a view to ensuring entry into force at the earliest possible date.

3. This Agreement shall terminate on the earlier of 30 May 1995, or the entry into force of an expanded Code; provided, however, that either Party may terminate this Agreement on 30 May 1994 by notice given to the other Party, at least 30 days prior to that date.

4. The benefits of this Agreement,shall apply upon its entry into force. Furthermore, they shall apply to tenders issued during the validity of this Agreement.

5. The obligations undertaken by the parties to this Agreement shall not prejudice either Party's position in the negotiation of the agreements referred to in Article 5.

6. Annexes 1 to 7 are an integral part of this Agreement.

Done in duplicate at Brussels and Washington this 25th day of May in the year one thousand nine hundred and ninety three.

On behalf of On behalf of

the United States of America the Council of the European Communities

/S/ /S/

LIST OF ANNEXES

Annex 1

List of EEC entities contained in Council Directive 80/767/EEC Annex 1 as amended

Annex 2

List of US entities

Annex 3

EEC entities covered by Article 2 paragraphs 1 and 2(a)(ii), including those, in Annex II of Council Directive 90/531/EEC

Annex 4

US Federal entities in the electric power sector

Annex 5

The list of services offered for coverage under the Code by the EEC, contained in GPR/Spec/71 of 14 August 1992 Annex 4

Annex 6

The list of services offered for coverage under the Code by the USA, contained in GPR/Spec/65 of 14 August 1992 Annex 4

Annex 7

Mandate for the Joint Study

ANNEX 1

Please note: Within Annex 1 there are several lists of EEC entities in foreign text where English translations were unavailable. These countries are as follows: Belgium, Denmark, Federal Republic Germany, Portugal, France, Italy, Luxembourg, The Netherlands, Spain

DENMARK

This list is authentic in the English language

1. Prime Minister's Office - two departments;

2. Ministry of Labour - five directorates and institutions;

3. Ministry of Foreign Affairs

(three departments);

4. Ministry of Housing - five directorates and institutions;

5. Ministry of Enery - one directorate and Research

Establishment "Risoe"

6. Ministry of Finance - four directorates and institutions

including the Directorate for

Government Procurement

- five other institutions

7. Ministry of Taxes - five directorates and institutions

and Duties

(two departments)

8. Ministry of Fisheries - four institutions

9. Ministry of Industry - nine directorates and institutions

(Full name: Ministry of Industry, Trade, Handicraft and Shipping);

10. Ministry of the Interior - Danish National Civil Defence

Directorate

11. Ministry of Justice - one directorate

12. Ministry of Ecclesiatical Affairs

13. Ministry of Agriculture - nineteen directorates and institutions;

14. Ministry of Environment - five directorates

15. Ministry of Cultural - three directorates and several

Affairs and Communications state-owned museums and higher

(1) education institution

16. Ministry of Social Affairs - four directorates

17. Ministry of Education - six directorates

- twelve universities and other higher

education institutions

18. Ministry of Economic Affairs

(three departments)

19. Ministry of Public Works - state harbours and state airports

(2) - four directorates and several

institutions

20. Ministry of Defence (3)

21. Ministry of Health - several institutions including

State Serum Institute and

University Hospital of Copenhagen

Annex I

DENMARK

English translation is on previous page

This list is authentic in the English language

List of central purchasing entities

1. Federal Foreign Office

2. Federal Ministry of Labour and Social Affairs

3. Federal Ministry of Education and Science

4. Federal Ministry for Food, Agriculture and Forestry

5. Federal Ministry of Finance

6. Federal Ministry for Research and Technology

7. Federal Ministry of the Interior (civil goods only)

8. Federal Ministry of Health

9. Federal Ministry for Women and Youth

10. Federal Ministry for Family Affairs and Senior Citizens

11. Federal Ministry of Justice

12. Federal Ministry for Regional Planning, Building and Urban Development

13. Federal Ministry of Post and Telecommunications (1)

14. Federal Ministry of Economic Affairs

15. Federal Ministry for Economic Co-operation

16. Federal Ministry of Defence (2)

17. Federal Ministry of Environment, Nature Conservation and Reactor Safety

Note

According to existing national obligations, the entities contained in this list must, in conformity with special procedures, award contracts to certain groups in order to remove difficulties caused by the last war.

__________

(1)Except telecommunication equipment

(2)Non-warlike materials contained in Part II of this list

Annex IIRELAND

This list is authentic in the English language

1 . Main purchasing entities

Office of Public Works

2. Other departments

- President's Establishment;

- Houses of the Oireachtas (Parliament);

- Department of the Taolseach (Prime Minister):

- Central Statistics Office;

- Department of the Gaeltacht (Irish-speaklng areas);

- National Gallery of Ireland;

- Department of Finance;

- State Laboratory;

- Office of the Comptroller and Auditor General;

- Office of the Attorney General;

- Office of the Director of Public Prosecutions;

- Valuation Office;

- Civil Service Commission;

- Office of the Ombudsman;

- Office of the Revenue Commissioners;

- Department of Justice;

- Commissioners of Charitable Donations and Bequests for Ireland;

- Department of the Environment;

- Department of Education;

- Department of the Marine;

- Department of Agriculture and Food;

- Department of Labour;

- Department of Industry and Commerce;

- Department of Tourism and Transport;

- Department of Communications;

- Department of Defence(l)(1);

- Department of Foreign Affairs;

- Department of Social Welfare;

- Department of Health;

- Department of Energy.

Annex I

This list is authentic in the English and the French languages

ITALY

Purchasing Entities

1. Ministry of the Treasury (1)

2. Ministry of Finance (2)

3. Ministry of Justice

4. Ministry of Foreign Affairs

5. Ministry of Education

6. Ministry of the Interiors

7. Ministry of Public Works

8. Ministry of Agriculture and Forestry

9. Ministry of Industry, Trade and Craft Trades

10. Ministry of Employment and Social Security

11. Ministry of Health

12. Ministry of Cultural Affairs and the Environment

13. Ministry of Defence(3)

14. Budget and Economic Planning Ministry

15. Ministry of State Holdings

16. Ministry of Tourism and Spectacle

17. Ministry of Foreign Trade

18. Ministry of Posts and Telecommunications (4)

19. Ministry of the Environment

20. Ministry of University and Scientifical and Technological Research

Note:

This Agreement shall not prevent the implementation of provisions contained in Italian Law N* 835 of 6 October 1950 (Official Gazette N* 2.45 of 24 October 1950 of the Italian Republic) and in modifications thereto in force 11on the date on which this Agreement is adopted.

Annex I

THE NETHERLANDS

This list is authentic in the English language

List of entities

A. Ministries and central governmental bodies

1. Ministry of General Affairs

2. Ministry of Foreign Affairs

3. Ministry of Justice

4. Ministry of the Interior

5. Ministry of Finance

6. Ministry of Economic Affairs

7. Ministry of Education and Science

8. Ministry of Housing, Planning and the Environment

9 Ministry of Transport and Public Work

10. Ministry of Agriculture, Nature Conservation and Fisheries

11. Ministry of Employment and Social Security

12. Ministry of Welfare, Public Health and Cultural Affairs

13. Cabinet for matters concerning the Netherlands Antilles and Aruban

Af f a i rs

14. Higher Colleges of State

B. Central procurement offices

Entities listed above under A generally make their own specific purchases;

other general purchases are effected through the entities listed below :

1. Directorate of Water Control

2. Directorate General Of Supplies of the Royal Netherlands Army (1)

3. Directorate General of Supplies of the Royal Netherlands Airforce(1)

4. Directorate General of Supplies of the Royal Netherlands Navy(1)

Annex I

UNITED KINGDOM

This list is authentic in the English language

Cabinet office

Civil Service College

Civil Service Commission

Civil Service Occupational Health Service

Office of the Minister for the Civil Service

Parliamentary Counsel Office

Central Office of Information

Charity Commission

Crown Prosecution Service

Crown Estate Commissioners

Customs and Excise Department

Department for National Savings

Department of Education and Science

University Grants Committee

Department of Employment

Employment Appeal Tribunal

Industrial Tribunals

Office of Manpower Economics

Department of Energy

Department of Health

Central Council for Education and Training in Social Work

Dental Estimates Board

English National Board for Nursing, Midwifery and Health.

Visitors

Medical Boards and Examining Medical Officers (War Pensions)

National Health Service Authorities

Prescription Pricing Authority

Public Health Laboratory Service Board

Regional Medical Service

U.K. Central Council for Nursing, Midwifery and Health Visiting

of Social Security

Attendance Allowance Board

Occupational Pensions Board

Social Security Advisory Committee

Supplementary Benefits Appeal Tribunals

Department of the Environment

Building Research Establishment

Commons Commissioners

Countryside Commission Fire Research Station (Boreham Wood)

Historic Buildings and Monuments Commission

Local Valuation Panels

Property Services Agency

Rent Assessment Panels

Royal Commission on Environmental Pollution

Royal Commission on Historical Monuments of England

Royal Fine Art Commission (England)

Annex I

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department of Trade and Industry

Laboratory of the Government Chemist

Nationai Engineering Laboratory

National Physical Laboratory

Warren Spring Laboratory

National Weights and Measures Laboratory

Domestic Coal Consumers' Council

Electricity Consultative Councils for England and Wales

Gas Consumers' Council

Transport Users consultative Committees

Monopolies and Mergers Commission

Patent Office

Department of Transport

Coastguard Services

Transport and Road Research Laboratory

Transport Tribunal

Export Credits Guarantee Department

Foreign and Commonwealth Office

Government Communications Headquarters

Wilton Park Conference Centre

Government Actuary's Department

Home Office

Boundary Commission for England

Gaming Board for Great Britain

Inspectors,of Constabulary

Parole Board and Local Review Committees

House of Commons

House of Lords

Inland Revenue, Board of

Intervention Board for Agricultural Produce

Lord Chancellor's Department

Council on Tribunals

County Courts (England and Wales)

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeal Tribunal

Judge Advocate General and Judge Advocate of the Fleet

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Pensiions Appeal Tribunals

Public Trustee office

Office of the Social Security Commissioners

Special Commissioners for Income Tax (England and Wales)

Supreme Court (England and Wales)

Court of Appeal : Civil and Criminal Divisions

Courts Martial Appeal Court

Crown Court

High Court

Value Added Tax Tribunals

Annex I

Ministry of Agriculture, Fisheries and Food

Aclvisory Services

Acricultural Development and Advisory Service

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Science Laboratories

Agricultural Wages Board and Committees,

Cattle Breeding Centre

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Ministry of Defence(l)

Meteorological Office

Procurement Executive

National Audit Office

National Investmpnt Loans Office

Northern Ireland Court Service

Coroners Courts

County Courts

Crown Courts

Enforcement of Judgements Office,

Legal Aid Fund

Magistrates Court

Pensions Appeals Tribunals

Supreme Court of Judicature and Courts of Criminal Appeal

Northern Ireland, Department of Agriculture

No-rthern Ireland, Department for Economic Development

Northern Ireland, Department of Education

Northern Ireland, Department of the Environment

Northern Ireland, Departmen t of Finance and Personnel

Northern Ireland, Department of Health and Social Services

Northern Ireland Office

Crown Solicitor's Office

Department of the Director of Public Prosecutions for Northern

Ireland

Northern Ireland Forensic Science Laboratory

Office of Chief Electoral Officer for Northern Ireland

Police Authority for Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

Office of Arts and Libraries

British Library

British Museum

British Museum (Natural History)

Imperial War Museum

Museums and Galleries Commission

National Gallery

National Maritime Museum

National Portrait Gallery

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Annex I

Office of Fair Trading

Office of Population Censuses and Surveys

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Overseas Development Administration

Overseas Development and National Research Institute

Paymaster General's Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

Registry of Friendly Societies

Royal Commission on Historical Manuscripts

Royal Hospital, Chelsea

Royal Mint

Scotland, Crown Office and Procurator

Fiscal Service

Scotland, Department of the Registers of Scotland

Scotland, General Register Office

National Health Service Central Register

Scotland, Lord Advocate's Department

Scotland, Queen's and Lord Treasurer's Remembrancer

Scottish Courts Administration

Accountant of Court's Office

Court of Judiciary

Court of Session

Lands Tribunal for Scotland

Pensions Appeal Tribunals

Scottish Land Court

Scottish Law Commission

Sheriff Courts

Social Security Commissioners' Office

Scottish Office

Central Services

Department of Agriculture and Fisheries for Scotland

Artificial Insemination Service

Crofters Commission

Red Deer Commission

Royal Botanic Garden, Edinburgh

Industry Department for Scotland

Scottish Electricity Consultative Councils

Development Department

Rent Assessment Panel and Committees

Royal Commission on the Ancient and Historical Monuments of

Scotland

Royal Fine Art Commission for Scotland

Scottish Education Department

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Scottish Home and Health Departments

HM Inspectorate of Constabulary

Annex I

Scottish Criminal Record Office

Scottish Fire Service Training School

Scottish Health Boards

Scottish Health Service - Common Services Agency

Scottish Health Service Planning Council

Scottish Police College

Scottish Record Office

HM Stationery Office

HM Treasury

Central Computer and Telecommunications Agency

Chessington Computer Centre

Civil Service Catering Organisation

National Economic Development Council

Rating of Government Property Department

Welsh Office

Ancient Monuments (Wales) Commission

Council for the Education and Training of Health Visitors

Local Government Boundary Commission for Wales

Local Valuation Panels and Courts

National Health Service Authorities

Rent Control Tribunals and Rent Assessment Panels and Committees

Annex I

KINGDOM OF SPAIN

This list is authentic in the Spanish language

List of entities

1. Ministry of Foreign Affairs

2. Ministry of Justice

3. Ministry of Defence

4. Ministry of Economic Affairs and Finance

5. Ministry of the Interior

6. Ministry of Public Works and Transport

7. Ministry of Education and Science

8. Ministry of Labour and Social Security

9. Ministry of Industry, Commerce and Tourism

10. Ministry of Agriculture, Fishery and Food

11. Ministry of Public Administration

12. Ministry of Culture

13. Ministry of Relations with the Cortes and of the Government Administration

14. Ministry of Health and Consumer Affairs

15. Ministry of Social Affairs

16. Ministry of Government Information

Annex I

Committee on Government Procurement

G R E E C E

list of Entities

1 . Ministry of National Economy

2 . Ministry of Education and Religion

3 . Ministry of Commerce

4 . Ministry of Industry, Energy and Technology

5 . Ministry of Merchant Marine

6 . Ministry of the Prime Minister

7 . Ministry of the Aegean

8 . Ministry of Foreign Affairs

9 . Ministry of Justice

10. Ministry of the Interior

11. Ministry of Labour

12. Ministry of Culture and Sciences

13. Ministry of Environment, Planning and Public Works

14. Ministry of Finance

15. Ministry of Transport and Communications

16. Ministry of Health, and Social Security

17. Ministry of Macedonia and Thrace

18. Ministry of Agriculture

19. Army General Staff

20. Navy General Staff

21. Airforce General Staff

22. General Secretariat for Press and Information

23. General Secretariat for Youth

24. General Laboratory

25. General Secretariat for Further Education

26. General Secretariat for Equality

27. General Secretariat for Social Security

Items 28 - 31 is unavailable

32. General Secretariat for Public Works

33. National Statistical Service

34. National Welfare organization

35. Workers' Housing Organization

36. National Printing Office

37. Greek Atomic Energy Commission

38. Greek Highway Fund

39. University of Athens

40. University of the Aegean

41. University of Thessaloniki

42. University of Thrace

43. University of Ioannina

44. University of Patras

45. Polytechnic School of Grete

46. Sivitanidios Technical School

47. University of Macedonia

48. Eginitio Hospital

49. Areteio Hospital

50. National Centre for Public Administration

51. Hellenic Post (EL. TA.)

52. Public Material Management Organization

53. Farmers' Insurance Organization

54. School Building Organization

Annex I

Ministry of the Sea

Directorate General for Fishing

Directorate General for Ports, Navigation and Maritime Transport

Minister ial Department responsib.le for European Affairs

Portuguese institute for Maritime Exploration

Maritime Administration for North, Centre E South

Nat iona I I nst i tute for Port P i I ot age

Institute for Port Labour

Port Administration of Douro and Leixes

Port Administration of Lisbon

Port Administration of Setabal and Sasimbra

Port Administration of Sines

Independent Executive for Ports

Portuouese Fishing Collecie

Infante D Henrique Nautical School

College of Sailing and Marine Craft

Secretariat General

Annex I

MINISTRYOF HEALTH

Regional Health Administrations

Health Centres

Mental Health Centres

Histocompatibility Centres

Medical Centres

Regional Alcoholism Cantres

Inter-hospital Commissions

Department for Studies and Health Planning

Department for Health Service Financial Management

Health Human Resources Department

Directorate-General for Health Installations & Equipment

Directorate-General for Primary Health Care

Directorate-General for Hospitals

Infirmary High Schools

Health Service Technical Colleges

Central Hospitals

District Hospitals

Specialised Hospitals

General Inspectorate of the Health Services

National Institute of Emergency Care

Dr Ricardo Jorge National Health Institute

Or Jacinto De Magalhaes Institute of Genetic Medicine

Or Gama Pinto Institute of Ophthalmology

Portuguese Blood Institute

General Practitioners Institutes

Secretariat-General

Service for Prevention and Treatment of Drug Dependence

Informatics Service of the Ministry of Health

Social Services, Ministry of Health

Annex I

PORTUGAL

This list is authentic in the English and Portuguese languages

List of entities

Prime Minister's Office

Legal Affairs Office

Centre for Studies and Training (Local Government)

Centre for Technical Studies and Legislative Support

Government Computer Network Management Centre

National Council for Civil Defence Planning

Permanent Council for Industrial Conciliation

Department for Vocational and Advanced Training

Ministerial Department with special responsibility for Macao

Ministerial Department responsible for Communicty Service by

Conscientious Objectors

Institute for Youth

National Administration Institute

Secretariat-General, Prime Minster's Office

Secretariat for Administrative Modernization

National Civil Defence Service

Social Services, Prime Minister's Office

Ministry of the Interior

Directorate-General for Roads

Ministerial Department responsible for Studies and Planning

Civilian administrations

Customs Police

Republican National Guard

Police

Secretariat-General

Technical Secretariat for Electoral Matters

Customs and Immigration Department

Intelligence and Security Department

National Fire Service

Ministry of Agriculture

Control Agency for Community Aid to Olive Oil Production

Directorate-General for Agricultural and Water Engineering

Directorate-General for Animal Husbandry

Directorate-General for Forests

Directorate-General Agricultural Planning

Directorate-General Agricultural Markets and the Agri-foods Industry

Regional Directorate for Agriculture (Beira Interior)

Regional Directorate for Agriculture (Beira Litoral)

Regional Directorate for Agriculture (Entre Douro e Minho)

Regional Directorate for Agriculture (Tras-os-Montes)

Regional Directorate for Agriculture (Alentejo)

Regional Directorate for Agriculture (Algarve)

Regional Directorate for Agriculture (Ribatejo e Audits)

Ministerial Department responsible

for Community-related Agricultural Questions

General Inspectorate and Audit Office (Management Audits)

Viticulture Institute

Food Quality Institute

National Agricultural Research Institute

Institute for the Regulation and Guidance

of Agricultural Markets

Social Works - Secretariat-General

Farm Accountancy Data Network

Secretariat-General

IFADAP (Financial Institute for the Development

of Agriculture and Fishing) (a)

INGA (National Agricultural Intervention and Guarantee Institute) (a)

(a) Authority under joint Ministry of Finance and Ministry of Agriculture control

Annex I Ministry of the Environment and Natural Resourses

Directorate-General for Environmental Quality

Directorate-General for Natural Resources

Ministerial Department responsible for European Affairs

Ministerial Department responsible for Studies Planning

Ministerial Department responsible for Nuclear Safety and Protection

National Environment Institute

National Institute for Consumer Protection

National Institute for Meteorology and Geophysics

Secretariat-General

National Department of Parks, Reserves and Nature Conservancy

Ministerial Department for the Improvement of the Estoril Coast

Regional delegations (a)

National Water Institute (b)

(a) In the process of being set up

(b) About to replace the Directorate-General for Natural Resources

Ministry of Trade and Tourism

Commission responsible for the Application of Economic Penalties

Directorate-General for Competition and Prices

Directorate-General for Inspection (Economic Affairs)

Directorate-General for Foreign Trade

Directorate-General for Domestic Trade

directorate-General for Tourism

Tourism Fund

Ministerial Department responsible for Community Affairs

ICEP (Portuguese Foreign Trade Institute)

General Inspectorate for Gambling

Institute for the Promotion of Tourism

National Institute for Training in Tourism

Regional Tourist Boards

Secretariat-General

ENATUR (National Tourism Enterprise) - Public enterprise (a)

AGA (General Authority for Sugar and Alcohol) - Public enterprise (a)

(a) Authority under joint Ministry of Trade and Tourism and Ministry of Finance control

Annex I

Ministry of Defence

Office of the Chief of Staff of the Armed Forces

Office of the Chief of Staff, Air Force Air Force

Logistics and Administration Control Centre

Office of the Chief Of Staff, Army

Office of the Chief of Staff, Navy

Directorate-General for Naval Equipment

Directorate for Naval Facilities

Directorate for Supplies

National Rope Factory

The Navy Hospital

The Alfeite Arsenal

The Hydrographic Institute

Directorate-General for Armaments

Directorate-General for Personnel and Infrastructure

Directorate-General for National Defence Policy

National Defence Institute

Secretariat-General

Ministry of Education

Legal Affairs Office

Directorate-General for the Administration of Schools

Directorate-General for Further Education

Directorate-General for Higher Education

Directorate-General for Sports

Directorate-General for Primary and Secondary Education

Regional Directorate for Education (Lisbon)

Regional Directorate for Education (Algarve)

Regional Directorate for Education (Centre)

Regional Directorate for Education (North)

Regional Directorate for Education (South)

The Ministry of Education Press

Ministerial Department responsible for Coordinating Access

to Higher Education

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Financial Management

Ministerial Department responsible for Technological, Artistic and Vocational

Training

General Inspectorate for Education

Institutefor Portuguese Language and Culture

Institute for Innovation in Education

Institute with special responsibility for the Social Aspects of Education

Secretariat-General

Annex I

Ministry of Employment and Social Security

Legal Affairs Office

National Insurance and Occupational Health Fund

Social Welfare Funds

Casa Pia de Lisboa

National Centre for Pensions

Regional Social Security centres

Commission on Equal Opportunity and Rights for Women

Statistics Department

Studies and Planning Department

Department of International Relations and Social Security Agreements

European Social Fund Department

Department of European Affairs and External Relations

Directorate-General for Social Works

Directorate-General for the Family

Directorate-Genera I for Labour Relations

Directorate-General f or Technical Support to Management

Directorate-General for Occupational Safety and Hygiene

Directorate-General for Employment and Vocational Training

Directorate-General for Social Security Schemes

Social Security Financial Stabilization Fund

General Inspectorate for Social Security

General Inspectorate for Labour

Social Security Financial Management Institute

Employment and Vocational Training Institute

National Institute for Workers' Leisure Time

Secretariat-General

National Secretariat for Rehabilitation

Social Services

Santa Casa de Misericordia de Lisboa (a)

(a) Authority under joint Ministry of Employment and Social Security and Ministry of Health control

Annex I

Ministry of Finance

ADSE (Directorate-General for the Protection of Civil Servants)

Legal Affairs Office

Directorate-General for Public Administration

Directorate-General for Public Accounts and General Budget Supervision

Directorate-General for the State Loans Board

Directorate-General for the Customs Service

Directorate-General for Taxation

Directorate-General for State Assets

Directorate-General for the Treasury

Ministerial Department responsible for Economic Studies

Ministerial Department responsible for European Affairs

GAFEEP (Ministerial Department responsible for Studies on the Funding of

the State and Public Enterprises)

General Inspectorate for Finance

Institute for Information Technology

State Loans Board

Secretariat-General

SOFE (Social Services of the Ministry of Finance)

Ministry of Industry and Energy

Regional Delegation for Industry and Energy (Lisbon and Tagus Valley)

Regional Delegation for Industry and Energy (Alentejo)

Regional Delegation for Industry and Energy (Algarve)

Regional Delegation for Industry and Energy (Centre)

Regional Delegation for Industry and Energy (North)

Directorate-General for Industry

Directorate-General for Energy

Directorate-General for Geology and Mines

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Oil Exploration and Production

Ministerial Department responsible for Community Affairs

National Industrial Property Institute

Portuguese Institute for Quality

LNETI (National Laboratory for Industrial Engineering and Technology)

Secretariat-General

Annex I

Ministry of Justice

Centre for Legal Studies

Centre for Civil and Criminal Identification Social Action and Observation Centres

The High Council of the Judiciary (Conselno Superior de Magistratura) Central Registry

Directorate-General for Registers and Other Official Documents

Directorate-General for Computerized Services

Directorate-General for Legal Services

Directorate-General for the Prison Service

Directorate-General for Protection and Care of Minors

Prison Establishments

Ministerial Department responsible for European Law

Ministerial Department responsible for Documentation and

Comparative Law

Ministerial Department responsible for Studies and Planning

Ministerial Department responsible for Financial Management

Ministerial Department responsible for Planning

and Coordinating Drug Control

Sao Joao Deus Prison Hospital

Corpus Christi Institute

Guarda Institute

Institute for the Rehabilitation of Offenders

Sao Domingos Benfica Institute

National Police and Forensic Science Institute

Navarro Paiva Institute

Padre Antonio Oliveira Institute

Sao Fiel Institute

Sao Jose Institute

Vila Fernando Institute

Criminology Institutes

Forensic Medicine Institutes

Criminal Investigation Department

Secretariat-General

Social Services

Ministry of Public Works, Transport and Communications

Council for Public and Private Works Markets

Directorate-General for Civil Aviation

Directorate-General for National Buildings and Monuments Directorate-General for Road and Rail Transport

Ministerial Department responsible for River Crossings (Tagus) Ministerial Department responsible for Studies and Planning Ministerial Department responsible for the Lisbon Railway Junction Ministerial Department responsible for the Oporto Railway Junction

Ministerial Department responsible for Navigation on the Douro Ministerial Department responsible for the European Communities

General Inspectorate for Public Works, Transport and Communications

Independent Executive for Roads

National Civil Engineering Laboratory

Social Works Department of the Ministry of Public Works, Transport and Communications

Secretariat-General

Institute for Management and Sales of State Housing CTT - Post & Telecommunications of Portugal SA (1)

________________

(1) Postal Business only

Annex I

Ministry of Foreign Affairs

Directorate-General for Consular Affairs and for Financial Administration

Directorate-General for the European Communities

Directorate-General for Cooperation

Institute for Portuguese Emigrants and Portuguese Communities Abroad

Institute for Economic Cooperation

Secretariat-General

Ministry of Territorial Planning and Management

Academy of Science

Legal Affairs Office

National Centre for Geographical Data

Regional Coordination Committee (Centre)

Regional Coordination Committee (Lisbon and Tagus Valley)

Regional Coordination Committee (Alentejo)

Regional Coordination Committee (Algarve)

Regional Coordination Committee (North)

Central Planning Department

Directorate-General for Local Government

Directorate-General for Regional Development

Directorate-General for Town and Country Planning

Ministerial Department responsible for Coordination of the Alqueva Project

Ministerial Department responsible for Studies and Planning (Territorial Administration)

Ministerial Department responsible for Airports (Autonomous Region of Madeira)

General Inspectorate for Territorial Administration

National Statistical Institute

Antonio Sergio Cooperative Institute

Institute for Scientific and Tropical Research

Geographical and Land Register Institute

National Scientific and Technological Research Board

Secretariat-General

Annex I

Ministry of the Sea

Directorate General for Fishing

Directorate General for Ports, Navigation and Maritime

Ministerial Department responsible for European Affair

Portuguese Institute for Maritime Exploration

Maritime Administration for North, Centre & South

National Institute for Port Pilotage

Institute for Port Labour

Port Administration of Douro and Leixoes

Port Administration of Lisbon

Port Administration of Setubal and Sesimbra

Port Administration of Sines

Independent Executive for Ports

Portuguese Fishing College

Infante D Henrique Nautical School

College of Sailing and Marine Craft

Secretariat General

Annex I

MINISTRY OF HEALTH

Regional Health Administrations

Health Centres

Mental Health Centres

Histocompatibility Centres

Medical Centres

Regional Alcoholism Centres

Inter-hospital Commissions

Department for Studies and Health Planning

Department for Health Service Financial Management

Health Human Resources Department

Directorate-General for Health Installations & Equipment

Directorate-General for Primary Health Care

Directorate-General for Hospitals

Infirmary High Schools

Health Service Technical Colleges

Central Hospitals

District Hospitals

Specialised Hospitals

General Inspectorate of the Health Services

National Institute of Emergency Care

Dr Ricardo Jorge National Health Institute

Dr Jacinto De Magalhaes Institute of Genetic Medicine

Dr Gama Pinto Institute of Ophthalmology

Portuguese Blood Institute

General Practitioners Institutes

Secretariat-General

Service for Prevention and Treatment of Drug Dependence

Informatics Service of the Ministry of Health

Social Services, Ministry of Health

Annex I

ANNEX 2

LIST OF U.S. ENTITIES

All central government executive departments and agencies, subject to the Competition in Contracting Act of 1984 (Public. Law 98-369, Title VII), including, but not limited to:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense (subject to the exceptions currently applicable under the Code)

4. Department of Education

5. Department of Energy (Not including national security procurement made In support of safeguarding nuclear materials or technology and entered into under the authority of the Atomic Energy Act; and oil purchases related to the Strat4gic Petroleum Reserve)

6. Department of Health and Human Services

7. Department of Housing and Urban Development

8. Department of the Interior

9. Department of Justice

10. Department of Labor

11. Department of State

12. Department of Transportation

(The national security consideration currently applicable to the

Department of Defense under the tode are equally applicable

under this agreement to the Coast Guard)

13. Department of the Treasury

14. United States Agency for International Development

15. General Services Administration

(other than Federal Supply Groups 51 and 52 and Federal

Supply Class 7340)

16. National Aeronautics and Space Administration

17. Department of Veterans Affairs

18. Environmental Protection Agency

19. United States Information Agency

20. National Science Foundation

21. Panama Canal commission

22. Executive Office of the President

23. Farm Credit Administration

24. National Credit Union Administration

25. Merit Systems Protection Board

26. ACTION

27. United States Arms Control and Disarmament Agency

28. Office of Thrift Supervision

29. Federal Housing Finance Board

30. National Labor Relations Board

31. National Mediation Board

32. Railroad Retirement Board

33. American Battle Monuments Commission

34. Federal Communications Commission

35. Federal Trade Commission

36. Interstate Commerce commission

37. Securities and Exchange Commission

38. Office of Personnel Management

39. United States International Trade Commission

40. Export-Import Bank of the United States

41. Federal Mediation and Conciliation Service

42. Selective Service System

43. Smithsonian Institution

44. Federal Deposit Insurance Corporation

45. Consumer Product Safety Commission

46. Equal Employment Opportunity Commission

47. Federal Maritime Cormission

48. National Transportation Safety Board

49. Nuclear Regulatory Commission

50. Overseas Private Investment Corporation

51. Administrative Conference of the United States

52. Board for international Broadcasting

53. Commission on Civil Rights

54. Commodity Futures Trading Commission

55. Peace Corps

56. National Archives and Record Administration

ANNEX 3

EEC entities covered by Article 2 paragraphs 1 and 2 (a) (ii), including those in Annex II

of Council Directive 90/531/EEC

English version is not available.

ANNEX 4

US federal entities in the electric power sector

The Tennessee Valley Authority

The Power Marketing Administrations of the Department of Energy including:

Bonneville Power Administration

Western Area Power Administration

Southeastern Power Administration

Southwestern Power Administration

Alaska Power Administration.

ANNEX 5

The List of services offered for coverage under the Code by the EEC, contained in GPR/Spec/71 of, 14 August 1992 Annex 4.

LIST OF SERVICES INCLUDED

Subject

CPC Reference

Maintenance and repair services

6112, 6122, 633, 886

Land transport services, including armoured car services, and courier services, except transport of mail

712 (except 71235) 7512 87304

Air transport services of passengers and freight, except transport of mail

73 (except 7321)

Transport of mail by land, except; rail, and by air

71235, 7321

Telecommunications services

752* (except 7524, 7525, 7526)

Financial services

a) insurance services

b) banking and investments services**

C* 81

812, 814

Computer and related services

84

Accounting, auditing, bookeeping services

852

Market research and public opinion polling services

864

Management consulting services and related services

865, 866***

Architectual services; engineering services and integrated engineering services, urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services

867

Advertising services

871

Building-cleaning services and property management services

874, 82201-82206

Publishing and printing services o a fee or contract basis

88442

* except voice telephony, telex, radio telephony, paging and satellite services

** exept contract for financial services in connection with the issue, sale, purchase or

transfer of securities or other financial instruments, and central bank services

*** except arbitration and conciliation service

ANNEX 6

The List of services offered for coverage under the Code by the USA, contained in GPR/Spec/65 of 14 August 1992

UNIVERSAL LIST OF SERVICES AS SPECIFIED IN MTN.GNS/W/120 WITH THE EXCEPTION OF THE FOLLOWING:

1. All transportation services, including Launching Services,

(CPC Categories 71, 72, 73, 74, 8868)

Note: Transportation services, where incidental to Procurerment contracts are not

subject to this Agreement.

3. All services purchased in support of military forces located overseas

4. Management and operation contracts of certain government or

privately-owned facilities used for government purposes,

including federally-funded research and development centers

(FFRDCs).

5. R&D services

Annex 7

Mandate for the Joint Study

Objective

The objective of the study is to estimate the value and also to assess qualitatively the international bidding potential of procurement opportunities which would be likely to arise under.the GPA, as a result of offers and requests of either Party, at the time of its expected implementation in 1995. The study shall be without prejudice to either Party's final offer.

The study should be conducted on the basis of a projection of available information on current performance, potential and trends. The effect of measures which are currently planned, or in course of execution, should be taken into account. The consultant should make a critical assessment of the validity of the data on which the projections are based and should draw attention to any data whose reliability cannot be verified. Any exemptions and qualifications which are proposed, including thresholds, should be taken into account. Where necessary, the consultant my make estimates. The consultant should take the views of both Parties into account.

Results should be presented as far as possible on the basis of common definitions and methodologies and in such a way as to enable any subsequent offers to be evaluated.

Coverage

The study should cover procurement of goods and services, including public works, by:

- central (federal) government (Category A);

- sub-central (state, regional and local) government (Category B);

- other entities, offered or requested by either Party, excluding telecom (Category C).

Reports, timing and acceptance

The study should result in two reports:

- an intermediate report, setting out the issues to be examined, items in need of quantification, data availability and proposed methodology;

- a final report setting out the results of the study.

The draft intermediate report should be presented not later than two months from commencement of the study. The final report should be commenced only if both Parties are satisfied, on the basis of the intermediate report, that completion of the study would yield useful results.

The draft final report should be presented not later than four months from acceptance of the intermediate report.

Draft reports shall be considered final only after they have been accepted by both Parties.

THE UNITED STATES TRADE REPRESENTATIVE

Executive Office of the President

Washington, D.C. 20506

May 25, 1993

His Excellency Sir Leon Brittan

Vice Chairman

Commission of the European Communities

Brussels Belgium

Dear Vice President Brittan:

In the context of our Memorandum of Understanding of May 25, 1993 (MOU), I would like to describe to you the process the U.S. Trade Representative's office will undertake in accordance with Article 6 of the MOU between now and January 31, 1994 to seek the voluntary commitment of U.S. subfederal entities to be included in the final entity lists.

As we agreed, the immediate bilateral commitments to open our respective procurement markets contained in the MOU are a "downpayment" towards a final procurement agreement. The inclusion of subfederal entities in the U.S. offer can only be accomplished after the results of our jointly-commissioned study are known. On this basis, we will be prepared to conclude a balanced comprehensive agreement on procurement.

To this end, I will immediately initiate the following actions with regard to subfederal procurement:

1) urge the 33 states from which we have already received preliminary commitments to provide final voluntary commitments; and

2) press ahead with work to obtain voluntary commitments from:

(a) the 17 states from which we currently have no commitment; and

(b) major municipalities, defined as cities with populations exceeding 500,000 and other subfederal entities operating in or serving those municipalities.

We will work with a view to obtaining final commitments in order to be in a position to submit our entity lists in time, so that tne final phase of negotiations can start in January 1994. Any commitments by subfederal entities will be bound in legislation implementing a final procurement agreement.

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In addition, during this period, the U.S. will consider ways in which, as part of a balanced agreement, federally-mandated measures affecting subfederal procurements would be removed in a timely manner. In the context of a balanced agreement, both sides would oppose the enactment of legislation that would render ineffective the bidding opportunities provided by that agreement.

Sincerely,

/S/

Ambassador Michael Kantor

U.S. Trade Representative


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