Read the untranslated law here: https://www.admin.ch/opc/fr/classified-compilation/19940096/index.html
0.632.231.422 original text agreement on public contracts concluded in Marrakesh on 15 April 1994 approved by the Federal Assembly on 8 December 1994, Instrument of ratification deposited by the Switzerland on 19 December 1995, entered into force for the Switzerland on 1 January 1996 (status November 26, 2013) the Parties to this agreement (hereinafter referred to as the "Parties"), recognizing that a multilateral framework of rights and obligations regarding laws , regulations, procedures and practices in public procurement is necessary to achieve a broader global trade liberation and expansion and improve the international framework governing world trade, recognizing that laws, regulations, procedures and practices in public procurement should not be developed, adopted, or applied to the product and to foreign or domestic services or suppliers foreign or domestic in order to grant protection to the products or services national or domestic suppliers, and that they should not establish discrimination between products or foreign services or among foreign suppliers, recognizing that it is desirable to provide transparency of laws, regulations, procedures and practices for procurement, recognizing the need to establish international procedures of notification, consultation, surveillance and dispute settlement to ensure equitable implementation prompt and effective international provisions on government procurement and to maintain the balance of rights and obligations at the highest level possible, recognizing the need to take into account the needs of development, finance and trade in developing countries, and especially the least developed among them, willing, in accordance with art. (IX:6 b) of the agreement on government procurement done on 12 April 1979, as amended on 2 February 1987, to broaden and improve the agreement on the basis of mutual reciprocity and to extend its scope to markets of services, eager to encourage those Governments that are not parties to this agreement to accept it and to access, having engaged in new negotiations in accordance with these objectives , agree to the following: art. I scope and field of application 1. This agreement applies to any law, regulation, as well as any procedure or practice regarding any deal made by entities covered by this agreement, as specified in Appendix I. 2. This agreement applies to procurement by any contractual means, including in the form of purchase or as lease, rental or hire purchase, with or without option to buy, including any combination, whatever it is, products and services.
3. in the case of entities, with respect to procurements covered by this agreement, require that companies that are not mentioned in Appendix I pass markets in accordance with special regulations, art. III apply mutatis mutandis to such requirements.
4. the present Agreement shall apply to all market no less to the threshold values specified in Appendix I which are applicable.
For each party, Appendix I is divided into five Annexes:-Annex 1 contains central government entities list. -Appendix 2 contains the list of entities the Governments sub-centers. - the Annece 3 contains the list of all the other entities that pass markets in accordance with the provisions of the present agreement. - the annex 4 specifies services, as the list in either positive or negative, which are covered by this agreement. -Annex 5 specifies covered construction services. The threshold values which apply are specified in the Annexes to each party. The appendices and annexes are not published to the RO. They can be cosultes on internet at www.wto.org/french/tratop_f/gproc_f/appendices_f.htm art. II. assessment of markets 1. The following provisions shall apply for the determination of the value of the contracts for the purposes of the implementation of this agreement.
2. the assessment will take into account all forms of remuneration, including any premiums, compensation or commission and all interest receivable.
3. the method of assessment is not chosen by the entity, and the quantities to acquire will be any split, intention being to avoid that this agreement applies.
((4 If the quantity to be purchased is such that more than one contract or contracts are passed through separate lots, the basis of assessment will be: a) is the real value of contracts successive similar past 12 months or the previous year, corrected, if possible, to take account of the changes in quantity and value that would occur over the next 12 months; b) or the estimated value of the successive fiscal year contracts or 12 months following the initial contract.
5. with respect to market products or services passed in the form of leasing, rental or hire purchase, or markets that not specifically total price, the basis of assessment will be as follows: a) in the case of fixed-term contracts, the total value of the markets for their lifetime if it is less than or equal to 12 months ((, or their total value including the estimated residual value if their length exceeds 12 months; b) in the case of contracts of indefinite duration, the monthly installment multiplied by 48.En if in doubt, the second basis will be used, namely b).
6. where a proposed market expressly provides for options, the basis of assessment will be the total value of the maximum contract allowed, including options.
This agreement applies to all market whose value is estimated at an amount equal or greater than the threshold at the time of the publication of the notice mentioned in art. IX. art. III. national treatment and non-discrimination 1. With respect to all laws, regulations, as well as all the procedures and practices regarding government procurement covered by this agreement, each Party shall provide immediately and unconditionally, to the products and services other parts and their suppliers who offer these products or services, a treatment which shall be not less favourable: has) than that accorded to products (services and domestic suppliers, nib) than that granted to the products and services of any other party and their suppliers.
2. with respect to all laws, regulations, as well as all the procedures and practices regarding government procurement covered by this agreement, each Party shall ensure: has) that its entities do not provide to a provider established on national territory a treatment less favourable than that granted to another provider established in the national territory According to the degree of control or of foreign participation. ETB) that its entities do not discriminate against suppliers established in the national territory according to the country of production of the product or the service is provided subject to the country of production is a party to the agreement in accordance with the provisions of art. IV. 3. The provisions of by. 1 and 2 apply to the customs duties and charges of any kind levied at importation during import, or the mode of collection of these fees and charges, or other regulations and formalities, import, nor to measures affecting trade in services other than laws, regulations, procedures and practices regarding government procurement covered by this agreement.
Art. IV. rules of origin 1. Some will not, apply to imported products or services provided for the purposes of a procurement covered by this agreement, and from other Parties, rules of origin other than those which will apply same products in normal business operations and at the time of the transaction in question to imports or supplies of the same services from the same Parties.
2. after the completion of the work programme for the harmonization of rules of origin of the goods which will be executed under the agreement on rules of origin set out in annex 1 A of the agreement establishing the World Trade Organization (hereinafter referred to as the 'WTO agreement') and after the conclusion of the negotiations on trade in services, the Parties will take into account the results of this program of work and these negotiations when they alter the by. 1 according to whether it will be appropriate.
SR 0.632.20 art. V special and differential treatment for the developing countries objectives 1. In the implementation and administration of this agreement, the Parties will duly take into account, by the application of the provisions of this article, needs of development, finance and trade in the developing countries, and in particular the least developed among them, considering the need where they are:
((a) safeguard their balance of payments and to ensure a volume of reserves adequate for the implementation of programmes of economic development; b) to promote the establishment or development of domestic industries, including the development of small industries and cottage in rural or delayed industries, as well as the economic development of other sectors of the economy; c) to provide support to industrial facilities as long as they depend wholly or substantially from public procurement; ETD) encourage their economic development through regional or global arrangements among developing countries presented to the Ministerial Conference of the World Trade Organization (hereinafter referred to as the 'WTO') and that it will not deprecated.
2. pursuant to the provisions of this agreement, each party, when she develops and implements laws, regulations and procedures affecting government procurement, facilitate increased imports from developing countries, taking in mind the special problems of the least developed countries and countries whose economic development is in its early stages.
Scope 3. In order to ensure that developing countries are able to adhere to this agreement on terms consistent with their development, their finances and their business needs, it due account will be of the objectives set out in the by. 1 during the negotiations on the procurement of developing countries to which apply the provisions of this agreement. As they establish their lists of entities and services that will apply the provisions of this agreement, developed countries will endeavour to include entities that move markets on products and services including export interested developing countries.
Agreed exceptions 4. A developing country may negotiate with other participants in negotiations under this agreement mutually acceptable exceptions to the national treatment rules, with respect to certain entities or certain products or services included in its lists of entities and services, in the particular circumstances of each case. During these negotiations, it will be due account taken of the considerations mentioned in paras. (1A) to 1 c). A developing country participating in regional or global arrangements among developing countries in which there is a reference to the al. 1 d) can also negotiate exceptions to its lists of entities and services, having regard to the particular circumstances of each case, considering among other things the public procurement provisions contained in regional or global arrangements in question, and, in particular, of the products or services that would be subject to programs of industrial development common.
5. after the entry into force of this agreement, a developing country which is a party may modify its lists of entities and services covered under the provisions of the by. 6 of art. XXIV relating to the modification of such lists, having regard to the needs of its development, its finances and its trade, or ask the Committee of procurement (hereinafter referred to as the 'Committee') to grant exceptions to the rules of national treatment with respect to certain entities or some products or services listed in its lists of entities and services covered in the particular circumstances of each case, due regard for the provisions of paras. (1A) to 1 c). After the entry into force of this agreement, a developing country which is a party may also request the Committee to agree to exceptions regarding certain entities or certain products or services included in its lists of entities and services, due to his participation in arrangements regional or global among developing countries, in the particular circumstances of each case and taking due account of the provisions of para. 1 (d). Any request addressed to the Committee by a developing country party to the agreement about editing a list will be accompanied by relevant documentation and other information that may be necessary for the consideration of the question.
6. them by. 4 and 5 apply mutatis mutandis to developing countries that accede to this agreement after its entry into force.
7. the exceptions agreed to the by. 4, 5 and 6 will be a review in accordance with the provisions of the by. 14 below.
Technical assistance to the developing country Parties to the agreement 8. Each developed country party to the agreement shall provide, upon request, any assistance it may deem appropriate to developing countries Parties to the agreement, for the solution of the problems of these countries public procurement.
9. This assistance, to be provided on the basis of the principle of non-discrimination among developing country Parties to the agreement, will be among others:-on the solution of specific technical problems concerning the determined procurement; -all other problems that the party making the request and another Party agree to deal with in the context of this assistance.
10. the technical assistance that is mentioned in the by. 8 and 9 will be able to understand the translation, in an official language of the WTO designated by the entity, qualification documents and quotes from suppliers of developing country Parties to the agreement, unless the developed countries Parties to the agreement consider that translation would be a task too heavy; in this case, an explanation will be provided to developing countries Parties to the agreement that will apply either to the developed country Parties to the agreement or to their entities.
Information centres 11. The developed country Parties to the present agreement will create, individually or jointly, information centres responsible to respond to reasonable information requests from developing country Parties to the agreement and regarding, among other things, the laws, regulations, procedures and practices in government procurement, notices of proposed markets that have been published, addresses of the entities covered by this agreement , and the nature and volume of products or services that have been or will be the subject of a market, including available information about future tenders. The Committee may also create a clearinghouse.
Special treatment for least developed countries 12. Having regard to the by. 6 of the Decision of the Contracting Parties to the GATT 1947 of 28 November 1979 on differential and more favourable treatment, reciprocity and participation more full developing countries (BISD, S26/223-225), special treatment will be given to the least developed countries that are Parties to this agreement and established suppliers in these parts , regarding the products or services originating in those Parties, in the context of any general or specific measures in favour of developing countries Parties to the agreement. A party may also give the benefit of this agreement to suppliers in least developed countries that there are not Parties, for it relates to products or services originating in those countries.
13. each developed country party to the agreement will provide, on request, assistance it may deem appropriate to potential tenderers established in countries least developed for the presentation of their submissions and selection of the products or services that may be of interest to its entities as well as for suppliers established in the least developed countries, and it will also help them to comply with technical regulations and standards concerning the products or services that are the subject of the intended procurement.
Review 14. The Committee will review annually the application and effectiveness of the provisions of this article, and, on the basis of reports presented by the Parties, it will undertake every three years a comprehensive review in order to evaluate the effects. In the framework of these triennial reviews, and in order to reach the widest implementation possible provisions of this agreement, including in particular its art. III, and in view of the situation of development, finance and trade of the developing countries concerned, the Committee will consider the question of if the exceptions in accordance with the provisions of by. 4 to 6 of this article should be amended or extended.
15. in the new rounds of negotiations that will be incurred in accordance with the provisions of the by. 7 of art. XXIV, each developing country party to the agreement will consider the possibility of adding new features and new services to its lists, taking into account its economic, financial and trade situation.
Art. VI. Technical Specifications
1. the technical specifications defining the characteristics of the products or services that will be the subject of a market, such as quality, the performance, safety and dimensions, symbols, terminology, packaging, marking and labelling, or the processes and methods of production, as well as the requirements for the procedures for assessment of conformity defined by the contracting entities will be established, adopted, or applied to create unnecessary obstacles to international trade, or in such a way that they have this effect.
2. technical specifications prescribed by contracting entities will, if there is one, has) defined in terms of the properties of the product rather than design or descriptive characteristics; ETB) based on international standards, in the cases where they exist, otherwise on national technical regulations, recognized national standards or building codes.
3. it shall not be required or mentioned trademarks or of trade or trade names, patents, models or specific types, origins or producers or suppliers determined, unless there is no other way sufficiently precise or intelligible to describe the conditions of the market and provided that words such as 'or equivalent' are included in the tender documentation.
4. the entities will not seek nor will not accept, in a manner which would have the effect of preventing competition, advice that may be used in the preparation of specifications for a specific market, from a company that may have a commercial interest in the market.
For the purposes of this agreement, a technical regulation is a document which sets out the characteristics of a product or a service or production methods and processes relating to that product or service, including administrative provisions that apply, respect for which is mandatory. It can process in whole or in part of terminology, symbols, packaging requirements, marking or labeling for a product, service, process or production method given.
For the purposes of this agreement, a standard is a document approved by a recognized body, that provides, for common and repeated, uses rules, guidelines or characteristics for products or services or processes and related production methods, which is not mandatory. It can process in whole or in part of terminology, symbols, packaging requirements, marking or labeling for a product, service, process or production method given.
Art. VII. Procedures of procurement 1. Each party will ensure that the procurement procedures of its entities are applied in a non discriminatory manner and are consistent with the provisions of the art. VII to XVI.
2. entities shall not give to a provider of information on a certain market in a manner which would have the effect of preventing competition.
3. for the purposes of this agreement: has) the open tender procedure is one that all interested suppliers may soumissionner.b) selective tender procedure is one that, according to the by. 3 of art. X and the other relevant provisions of this agreement, allowed suppliers to bid are those who are invited to do so by the entite.c) the limited tender procedure is that the entity is for the suppliers individually, only circumstances set out in art. XV. art. VIII Qualification of suppliers in the qualification of suppliers, the entities will be discriminated against or among suppliers of other Parties or between domestic suppliers and suppliers of other Parties. The qualification procedures shall comply with the following provisions: a) the conditions for participation in tender procedures will be published in sufficient time to enable providers interested to hire and, insofar as this is compatible with the effective functioning of the mechanism of contracting, the qualification formalities; b) conditions of participation in the tender procedures will be limited to those that are essential to ensure that the company is capable of performing the contract in question. The participation conditions imposed on providers, including financial guarantees, technical qualifications and information necessary for establishing their financial, commercial and technical capacity, as well as the verification of qualifications, will be no less favourable to suppliers of other Parties as domestic suppliers and will not discriminate among suppliers of other Parties. Financial, commercial and technical provider capacity will be judged both from its global commercial activity and its activity in the territory of the contracting entity, taking due account of the legal relationships existing between providers; c organizations) the suppliers qualification procedure and the time required for this purpose will not be used to exclude suppliers of other parts of a list of suppliers or prevent that they be taken into consideration at a proposed market individual. Entities will recognize as qualified suppliers domestic suppliers and suppliers of the other Parties that will fill the participation conditions for a particular intended procurement. Suppliers seeking to bid for a particular intended procurement, and would not yet qualified, will also be taken into account on the condition that the qualification procedures can be completed on time; d) entities that will take the standing of qualified suppliers lists will ensure that providers may at any time request to be qualified and that all qualified suppliers who will demand be included on these lists in one reasonably short delay; e) If, after the publication of the notice mentioned in the by. 1 of art. IX, a supplier who is not yet qualified request to be able to bid for a proposed market, the entity will engage promptly the qualification procedure; f) any supplier having requested to become a qualified supplier shall be advised by the entities concerned of the decision taken on it. Qualified suppliers who have been entered on a permanent by entities list will also be informed of the cancellation of this list or their exclusion; g) each Party shall ensure that: i) each entity and its various services follow a single qualification procedure, except in cases where the need to follow a different procedure is duly established; ii) efforts be made to minimize differences in qualification between entities procedures;
(h) Nothing in the al. (a) to g) will prevent the exclusion of a supplier on grounds such as bankruptcy or false declarations, on the condition that this measure is compatible with the provisions of this Agreement relating to national treatment and non-discrimination.
Art. IX. Invitation to tender for proposed contracts 1. According to the by. 2 and 3, the entities will be published an invitation to tender for all proposed contracts, unless otherwise provided in the art. XV (limited tendering). This notice will appear in the appropriate publication which is shown in Appendix II.
2. the invitation to tender may take the form of a notice of proposed procurement, described to the by. 6 3. The entities listed in Annexes 2 and 3 can be used for the invitation to tender a contract scheduled, notice described in the by. 7, or a notice regarding a qualification system, described in the by. 9 4. Entities that use for solicitation a scheduled contract notice will invite then all providers who will be declared interested to confirm on the basis of information which will include at least those listed in the by. 6 5. Entities that use to the invitation to tender a notice regarding a qualification system will provide, subject to the considerations mentioned in the by. 4 of art. XVIII and timely information that will allow all those who will be declared to have a meaningful opportunity to assess their interest in bidding. This information will include those that contain targeted reviews to the by. 6 and 8, as long as such information is available. The information provided to one interested supplier will be rendered non-discriminatory way to other interested vendors.
6. each notice of proposed procurement referred to the by. 2 will contain the following information:
(a) nature and quantity, including all options concerning markets complementary and, where possible, estimated time for the exercise of these options; in the case of markets renewable, nature and quantity, and, if possible, estimated time for publication of the subsequent tender notices for the products or services to be the subject of the contract; b) character of the procedure: open, selective or a negotiation; c) as appropriate, date on which will begin or will be completed the delivery of the products or services; d) address and date deadline for the filing of requests for an invitation to tender or the qualification for registration on the list of suppliers, or for the receipt of tenders, as well as language or languages authorised for their presentation; e) address of the entity that must make the deal and provide the information necessary for obtaining the specifications and other documents; f) economic and technical conditions, financial guarantees and information required from suppliers; g) amount and terms of payment of any sum payable for the tender documentation; ETH) form of the contract subject to the tender: purchase, leasing, rental or hire purchase, or more of these forms.
7. each notice of market programmed, referred to the by. 3, will contain much information as enumerated in the by. 6 which will be available. In any case, it will contain the information listed in the by. 8 and:) a mention of the fact that interested suppliers should make part of the entity of their interest in the market; b) mention of the person or service in contact with the entity from which further information can be obtained.
8. for each intended procurement, the entity will issue an opinion summarized in one of the official languages of the WTO. The notice will contain at least the following information: a) the purpose of the contract; b) deadline for bids or applications to get an invitation to bid; etc) addresses where documents relating to the market can be requested.
9. in the case of the selective procedures, entities that will take the standing of qualified suppliers lists will be planned each year, in the publications listed in Appendix III, a notice containing the following information: a) enumeration of the existing lists, including the titles of these lists, in relation to the products or services or categories of products or services to be the subject of contracts on the basis of these lists; b) conditions to be met by suppliers to be registered on these lists, and methods of verification of each of these conditions by the entity concerned; etc) duration of validity of the lists and the formalities for their renewal. In cases where such notice will be used for the invitation to tender, in accordance with the by. 3, the notice will also contain the following information: d) nature of the goods or services in question; e) mention of the fact that the notice constitutes an invitation to bid.
However, in cases where the duration of the qualification system will be three years or less, and if the duration of the system is specified in the notice and it is also accurate to other reviews will not be published, it will be sufficient to publish the notice only once, at the beginning of the period of application of the system. Such a system will not be used so as to turn the provisions of this agreement.
10. If, after the publication of an invitation to bid for any intended procurement, but before the date set for the opening or receipt of tenders that will be specified in the notice or tender documentation, it becomes necessary to change the opinion or make it look new, the amendment or the new notice will receive the same circulation as the originating documents that have been modified. Any significant information communicated to a provider about a particular intended procurement will be communicated simultaneously to all other suppliers, in sufficient time to enable them to consider and to act accordingly.
11. entities shall make clear, in the notices referred to in this article or in the publication where notices appear, that the procurement is covered by the agreement.
Art. X selection Procedures 1. To ensure optimum effective international competition in the case of selective tendering procedures, entities, for each intended procurement, invite to tender as many domestic suppliers and suppliers of other Parties, consistent with the efficient operation of the procurement mechanism. They will select suppliers admitted to participate in those proceedings in a fair and non-discriminatory way.
2. the entities that take place from the permanent lists of qualified suppliers may select suppliers that will be invited to bid among those who will appear on these lists. Any selection will give fair odds to suppliers on the list.
3. vendors asking to bid for a particular intended procurement will be allowed to do so and will be considered on the condition, if he is not yet qualified suppliers, that the qualification procedure can be completed in good time in accordance with the art. VIII and IX. The number of additional suppliers permitted to bid will be limited only by the need to safeguard the effective operation of the mechanism of contracting.
4. the requests for participation in selective procedures may be submitted by telex, telegram or fax.
Art. XI time limits for the submission of tenders and delivery General provisions 1. (a) any fixed period shall be adequate to allow suppliers of other Parties as well as domestic suppliers to prepare and file their bids before the closing of the tender procedures. This deadline, the entities will take into account, consistent with their reasonable needs, elements such as the complexity of the intended procurement, the importance of subcontracts to predict, and the time normally required for the delivery of submissions, by mail, from abroad as well as the meme.b country) each party will ensure that its entities take due account of publication delays when it will set the deadline for the receipt of tenders or for the filing of applications to get an invitation to bid.
Time 2. Except insofar as the by. 3 disposes otherwise, (a) in open procedures, the period of receipt of tenders shall be not less than 40 days from the publication of the notice mentioned in the by. 1 of art. IX; b) in selective procedures that do not include the use of a list permanent qualified suppliers, the period of application in order to be invited to tender shall be not less than 25 days from the publication of the notice mentioned in the by. 1 of art. IX; will I receive submissions will be in no way less than 40 days from the sending of the invitation to tender; c) in selective procedures involving the use of a list of qualified suppliers, the period for receipt of tenders will be not less than 40 days from the sending initial invitations to tender, whether or not the date of sending of the invitations to tender coincides with that of the publication of the notice mentioned in the by. 1 of art. IX. 3. The time limits referred to the by. 2 may be reduced in the following circumstances: has) whether a separate notice has been published 40 days to 12 months in advance and the notice contains at least: i) the maximum of information listed in the par.e 6 of art. IX which will be available; ii) the information listed in the by. 8 of art. IX; iii) mention the fact that interested suppliers should make leaving the entity of their interest in the market. etiv) mention the person or service in contact with the entity from which further information may be obtained, the 40-day deadline for the receipt of tenders may be replaced by a period long enough to allow those concerned to make valid submissions and which, as a general rule, will be no less than 24 days, but which will in no case less than 10 days;
(b) in the case of a second publication or a later publication about renewable contracts within the meaning of the by. 6 of art. IX, the 40-day deadline for the receipt of tenders may be reduced to 24 days at least; c) when the emergency duly established by the entity will make unobservable deadlines in question, the time limits specified in the by. 2 can be shortened, but will in no case less than 10 days from the publication of the notice mentioned in the by. 1 of art. IX; Oud) in the case of contracts awarded by entities listed in Annexes 2 and 3, the deadlines mentioned in the by. 2 (c) may be set by mutual agreement between the entity and the selected suppliers. In the absence of agreement, the entity may fix time limits that will be long enough to allow those concerned to present valid quotes and are certainly not less than 10 days.
4. in a manner consistent with the entity's reasonable needs, any delivery date shall be fixed taking into account elements such as the complexity of the intended procurement, the importance of subcontracts to predict, and the objectively necessary time to production, out of stock and transport of the goods from the places where they are provided or the provision of services.
Art. XII. Documentation for the tender procedure 1. If in tender procedures, an entity allows the presentation of bids in several languages, one of these languages will be one of the official languages of the WTO.
2. the documentation for the tender to suppliers will contain all the necessary information so that they can make valid submissions, including information that must be published in the notice of intended procurement, except for those mentioned in the by. 6 g) of art. IX, as well as the following information: a) the address of the entity to which tenders should be sent; b) the address where requests for supplementary information should be sent; c) the language to be used for the presentation of submissions and accompanying documents; d) the closing date and the time of receipt of bids, as well as the period during which any submission should be accepted; e) the persons authorized to attend the opening of tenders and the date (((, the time and place of the opening; f) conditions of character economic and technical, financial guarantees and information or parts, required providers; g) complete description of the products or services requested or all requirements, including technical specifications and certification of compliance, which must be met, plans, drawings and instructions needed; h) the award criteria (((, including all the elements, other than the price, which will be taken into account in the evaluation of bids, and the elements to be considered for the price assessment of submission, such as freight, insurance and inspection costs and, in the case of products or services of other Parties, customs and other import charges, taxes and currency of payment; i) payment terms; j) all other terms and conditions; k) pursuant to art. XVII, terms and conditions, if there are, depending on which submissions from countries who are not Parties to this agreement, but which apply the procedures in this article, will be admitted.
Communication, by the entities, the documentation for the tender process 3. (a) in open procedures, entities will communicate the tender documentation to any participating provider who asks and reply promptly to any reasonable request for explanations about this documentation.b) in selective procedures, entities will communicate the tender documentation to any provider who will be asked to participate and reply promptly to any reasonable request for explanations about this documentation.c) entities will respond promptly to any reasonable request for relevant information regarding the tender that will be made by a participating provider, as long that information do not give this supplier an advantage over its competitors in the tendering procedure.
Art. XIII Presentation, receipt and opening of tenders and contracting 1. Presentation, receipt and opening of tenders, the award of the contract, will be in line with the following: has) normally, bids will be submitted in writing, directly or by mail. If he is allowed to submit bids by telex, telegram or fax, thus presented submission must contain all the information necessary for its assessment, including the definitive price proposed by the tenderer and a declaration by which the bidder accepts all of the terms, conditions and provisions of the invitation to tender. The submission must be confirmed promptly by letter or by sending a copy signed by telex, telegram or fax. The bidding by phone will not be allowed. The content of the telex, telegram or facsimile shall prevail if there is divergence or contradiction between that content and any documentation received after the expiry of the deadline; ETB) the opportunities that may be given to tenderers to correct unintentional errors of form between the opening of tenders and the award of the contract will not be likely to give rise to discriminatory practices.
Receiving bids 2. No provider will be penalized if, as a result of a delay only to the entity, its bid is received after the expiry of the period service designated in the tender documentation. Submissions may also be taken into account in other exceptional circumstances if the procedures of the entity concerned so provide.
Opening of bids 3. All submissions requested by entities under open or selective procedures will be received and opened under procedures and conditions guaranteeing the regularity of the opening. The reception and the opening of the bids will be also consistent with the provisions of this agreement concerning national treatment and non-discrimination. Information related to the opening of the bids will remain in the hands of the entity concerned and available to public authorities which it falls, to be used if necessary for the procedures laid down in art. XVIII, XIX, XX and XXII.
Contracting 4. (a) to be considered for the award, the papers should comply, at the time of their opening, the essential conditions specified in the notice or in the tender documentation, and have been filed by a supplier fulfilling the conditions of participation. If an entity has received a tender abnormally lower than other bids, it may ask the tenderer to ensure that it is able to meet the conditions of participation and it is able to meet the terms of the marche.b) unless she decided, for reasons of public interest, to the market, the entity award it to the bidder who will have been fully capable of performing the contract and whose submission (, it relates to products or services, or products or services elsewhere, will be the lowest bid or one that has been recognized as best value according to the evaluation criteria specified in the notice or in the documentation for the call of offres.c) auctions will be made in accordance with the criteria and essential requirements specified in the tender documentation.
Options 5. The options will not be used so as to turn the provisions of the agreement.
Art. XIV negotiation 1. A party may provide for entities to conduct negotiations: has) in the context of procurement in which they indicated that they had the intention, namely in the notice referred to the by. 2 of art. IX (the invitation to participate in the procedure for the project market suppliers); or (b) if it appears from evaluation that no tender is obviously the most advantageous according to the evaluation criteria specified in the notices or the tender documentation.
2. negotiations will be used primarily to determine the strengths and weaknesses of the bids.
3. the entities will treat submissions as confidential. In particular, they give no information to help participants determined to wear their bids at the level of those of other participants.
4. in the course of the negotiations, the entities will be no discrimination between different suppliers. Specifically, they will make sure that: a) the elimination of any participant be done according to the criteria set out in the notices and tender documentation; b) any changes to the criteria and the technical requirements are communicated in writing to all participants in the negotiations that remain in contention; c) all participants who remain in contention have the possibility to make new submissions or modified on the basis of the revised requirements; d) when the negotiations are concluded, all participants in the negotiations which are still in the running are allowed to submit final bids within which will be the same for all.
Art. XV tender limited 1. The provisions of the art. VII to XIV, that apply to open or selective tender procedures, are not necessarily applicable in the circumstances defined below, to the condition that the limited tender should not be used to restore the competition below the possible maximum, or in a manner which would constitute a means of discrimination between suppliers of the other Parties or protection of producers or national suppliers :
((a) when no submission will be filed in response to a tender made under open or selective procedures, or when filed submissions will have been agreed will not be in accordance with the conditions of the tender call, or come from suppliers not filling not the conditions for participation provided for in accordance with this agreement, provided however that the conditions of the initial tender are not substantially altered for the market, which will be awarded; b) when (, the fact that it is a work of art or for reasons connected with the protection of exclusive rights, such as patent rights or reproduction, or in the absence of competition for technical reasons, the products or services can be supplied only by a particular supplier and that there will be no product or reasonably satisfied of spare or replacement service; c) for as long as strictly necessary when (, for reasons of extreme urgency due to events that could not be provided by the entity, open or selective procedures would not obtain the goods or services in due time; d) when it comes to delivery additional to ensure the initial and bearing supplier on some spare parts for supplies already made or already delivered facilities (, or intended to supplement these supplies, services or installations, and that a change of supplier would lead to the delivery of material or services do not meet conditions of interchangeability with a material or service already existing; e) when an entity will be a market for prototypes or a new product or service developed at its request during the execution of a particular research contract experiment, study or original development, and for the purposes of this agreement. Once such contracts have been executed, the subsequent markets products or services will be subject to the provisions of art. VII to XIV; f) when services of additional construction that were not included in the initial but market which corresponded to the objectives of the original tender documentation have, as a result of unforeseeable circumstances, become necessary to complete the provision of services described in the contract, construction and when the entity must award of contracts for construction services additional to the contractor providing construction services concerned because separate services of additional construction of the original contract would cause difficulties for technical or economic reasons, or her mind substantially. However, the total value of the contracts awarded for the additional construction services may not exceed 50% of the amount of the main contract; g) for of new construction services consisting of the repetition of similar construction services which conform to a basic project for which an initial contract was awarded in accordance with the art. VII to XIV and for which the entity has indicated in the notice of intended procurement concerning the service of initial construction as the limited tender procedure may be used for the purposes of the award of the contract for such new construction services; h) for products purchased on a commodity market; i) for purchases made under exceptionally advantageous conditions that only arise in the very short term. This provision is intended to cover the unusual flow of products by companies that are not normally suppliers, or disposal of assets of businesses in liquidation or receivership. It is not supposed to cover routine purchases from suppliers ordinary; j) in the case of contracts awarded to the winner of a contest provided that the contest has been organized in a manner consistent with the principles of this agreement, including with respect to the publication, in the sense of art. IX, of an invitation, addressed duly qualified suppliers, to participate in such a contest, which will be judged by an independent jury for the award of contracts to the winners.
2. the entities develop minutes of each contract awarded under the provisions of the by. 1. each record will mention the name of the contracting entity, the value and the nature of the goods or services covered by the market, as well as their countries of origin, and will contain an indication of the circumstances referred to in the present article in which the market was awarded. This record will remain in the hands of the entity concerned and available to public authorities which it falls, to be used if necessary for the procedures laid down in art. XVIII, XIX, XX and XXII.
It is understood that "existing equipment" includes software insofar as the initial market of software was covered by the agreement.
Original development of a new product or service may include a production or a limited supply in order to incorporate the results of field testing and to demonstrate that the product or service lends itself to production or supply in quantity to acceptable quality standards. It does not include the production or the provision in quantities to determine the commercial viability of the product or to amortize the costs of research and development.
Art. XVI. compensation Operations 1. In the qualification and selection of suppliers, products or services, or in assessing tenders and the award of the contract, the entities will not impose, won't ask or don't consider clearing operations.
2. However, having regard to general policy considerations, including those related to development, a developing country may at the time of his accession, negotiate conditions for the use of compensation operations, such as requirements for the incorporation of a certain content of national origin. These requirements will be used only for the purpose of qualifying for participation in the procurement process of the markets and not as criteria for the award of the contract. The conditions will be objective, clearly defined and non-discriminatory. They will be set out in Appendix I of the country and may include specific limitations on the imposition of compensation operations throughout market covered by this agreement. The existence of such conditions will be notified to the Committee and indicated in the notice of proposed and other market documentation.
Operations of compensation in public procurement are measures used to encourage local development or improve the balance of payments through requirements for the content of national origin, of granting licenses for technologies, investment, countertrade or similar prescriptions prescriptions.
Art. XVII transparency 1. Each party will encourage entities to indicate the terms and conditions, including any difference with respect to procedures for bidding with competition or remedies to challenge procedures, under which submissions will be allowed on the part of providers located in countries which are not Parties to this agreement but which nevertheless, in order to make transparent their own auctions for markets (: a) give specifications for their markets in accordance with art. VI (technical specifications); b) make it look reviews of markets referred to in art. IX, including, in the version of the notice mentioned in the by. 8 of art. IX (summary of the notice of intended procurement) which is published in an official language of the WTO, an indication of the terms and conditions under which submissions will be accepted from suppliers situated in countries Parties to this agreement; c) are willing to ensure that their procurement regulations are normally not modified during the procurement and where such a change is inevitable, to ensure that there is a satisfactory way to repair.
2. Governments that are not Parties to the agreement and who meet the conditions set out in the by. (1A) to 1 c) have the right, if they inform the Parties to participate in the meetings of the Committee as observers.
Art. XVIII Information and review of the obligations of entities 1. The entities will be published a notice in the appropriate publication indicated in the Appendix II 72 days at the latest after the award of each contract to the title of the art. XIII to XV. These notices will contain the following information: a) nature and quantity of the goods or services covered by the tender; b) name and address of the entity from the market; c) date of award; d) name and address of the purchaser; e) value of award or the highest and lowest offer has taken into account in the award of the contract; f) in the case where it will be appropriate means of identifying the notice published in accordance with the by. 1 of art. IX or justification, in accordance with art. XV, of the use of this procedure; ETG) type of procedure used.
2. each entity, at the request of a supplier of a party, shall communicate promptly:
((a) explanations about its practices and procedures in procurement markets; b) pertinent information concerning the reasons for which the supplier qualification application was rejected, the reasons for which it has been put end to his qualification, and the reasons for which it has not been selected; c) at no tenderer, pertinent information concerning the reasons why its bid was unsuccessful and the features and benefits related the bid selected, and the name of the successful tenderer.
3. the entities inform promptly participating vendors decisions concerning the award of the contract, and in writing if requested them.
4. However, entities may decide that certain information on the award of the contract, mentioned in the by. (1) and (2), c) will not be disclosed in cases where their disclosure would impede the application of the laws, would be otherwise contrary to the public interest, would prejudice the legitimate commercial interests of public or private companies, or could harm fair competition between suppliers.
Art. XIX Information and review of the obligations of the Parties 1. Each party will promptly publish all laws, all regulations and all court decisions, administrative decisions of general application and procedures (including the contract), relating to procurement covered by this agreement, in the appropriate publications listed in Appendix IV and in way to enable other Parties and suppliers to be aware. Each party stands ready to provide explanations on its public procurement procedures to any other party who requests.
2. the Government of a tenderer which is a party to this agreement may, without prejudice to the provisions of art. XXII, request additional information that may be necessary on the award of the contract to ensure that it was conducted in conditions of fairness and impartiality. For this purpose, the contracting public authority will provide information on the characteristics and relative advantages of the winning bid and the auction price. Normally, this last information may be used by the Government to the right bidder on the condition that he use this right with discretion. In case that disclosure would be likely to harm competition in future tenders, this information will be released only after consultation and with the agreement of the party that it will be communicated to the Government of the right bidder.
3. the available information concerning procurement by covered entities and markets that they will be awarded will be communicated to any part that request.
4. the information provided in confidence to a party, whose disclosure would impede the application of the laws would be otherwise contrary to the public interest, prejudice the legitimate commercial interests of public or private companies, or could harm fair competition between suppliers, will not be disclosed without formal authorization from the party providing the information.
5. each party will establish its annual statistics for procurements covered by this agreement and report to the Committee. These communications will contain the following information on contracts awarded by contracting entities covered by this agreement: has) to the entities mentioned in annex 1, statistics showing overall and by entity the estimated value of contracts awarded, both above and below the threshold value; for the entities referred to in Annexes 2 and 3, statistics on the estimated value of contracts awarded above the threshold value overall and by category of entities; b) for entities mentioned in annex 1, statistics on the number and total value of contracts awarded above the threshold value, broken down by entity and by categories of products and services according to uniform classifications; for the entities referred to in Annexes 2 and 3, statistics on the estimated value of contracts awarded above the threshold value, broken down by category of entities and category of products or services; c) for entities mentioned in annex 1, statistics on the number and the total value of the contracts awarded in any of the circumstances referred to in art. XV, broken down by entity and by categories of products and services; for categories of entities listed in Annexes 2 and 3, statistics indicating the total value of contracts awarded above the threshold value in any of the circumstances referred to in art. XV; ETD) for entities in annex 1, statistics, broken down by entity, indicating the number and the total value of the contracts awarded in respect of the exceptions to the agreement set out in the relevant Annexes; for categories of entities listed in Annexes 2 and 3, statistics indicating the total value of the contracts awarded in respect of derogations to the agreement set out in the relevant Annexes.
As far as such information is available, each party will provide statistics showing the country of origin of the goods and services purchased by its entities. To ensure that these statistics are comparable, the Committee shall provide guidance on the methods to be used. To ensure effective monitoring of procurements covered by this agreement, the Committee may decide unanimously to modify the requirements of the al. (a) to d) with respect to the nature and the scope of information to communicate, as well as breakdowns and classifications in use.
Art. XX protest Consultations 1 Procedures. In case of a complaint by a supplier for breach of this agreement in the context of the procurement, each party will encourage this provider to seek to resolve the matter in consultation with the procuring entity. In such a case, the contracting entity will review the complaint impartially and quickly, in a way that will not impede the adoption of corrective measures in the context of the appeal process.
Challenge 2. Each party will establish non-discriminatory, fast, transparent and effective procedures enabling suppliers to challenge alleged violations of the agreement in the context of procurement in which they have, or have had, an interest.
3. each party establish its procedures of dispute in writing and make them generally available.
4. each party will ensure that the documentation for all aspects of the procurement covered by this agreement is preserved for three years.
5. the interested supplier may be required to initiate a challenge procedure and notify the contracting entity within specified time periods which will run from the date on which the basis of the complaint is known or should reasonably have been known, and are certainly not less than ten days.
6. disputes will be submitted to a court or to a review body independent and impartial with no interest in the outcome of the auction, and whose members are immune to external influence during the term of office. In cases where the reviewing body is not a court, or well said body subject to a judicial review, or else it will apply procedures under which: a) participants can be heard before an opinion is given or a decision; b) participants may be represented and accompanied; c) participants will have access to all proceedings; d) proceedings can be public) e the opinions or decisions will be made in writing ((, with an indication of their motives; f) witnesses may be heard; g) the documents are disclosed to the review body.
7. challenge procedures shall provide: a) transitional early action to address violations of the agreement and to preserve commercial opportunities. This action may result in the suspension of the procurement process. However, procedures may provide that critical adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. In such cases, any default action will be motivated in writing; b) an assessment and a possibility of a decision on the justification of the challenge; c) the correction of the violation of the agreement or compensation for any loss or damage, which may be limited to the costs of the preparation of the bid or protest.
8. in view of the protection of commercial and other interests involved, the challenge procedure is normally completed without delay.
Art. XXI Institutions
1. There shall be established a Committee on government procurement composed of representatives from each party. The Committee will elect its own President and Vice-president; He meet as it will be necessary, but at least once a year, to give the Parties the possibility of consultations on questions concerning the application of the agreement or the pursuit of its objectives, as well as exercise other powers that may be conferred to him by the Parties.
2. the Committee may establish working groups or other subsidiary bodies which exercise the powers that may be conferred to them by the Committee.
Art. XXII Consultations and settlement of disputes 1. The provisions of the Memorandum of understanding on rules and procedures governing the settlement of disputes under the WTO Agreement (hereinafter referred to as the "Memorandum of understanding on the settlement of disputes") shall be applicable, unless otherwise expressly provided in the following paragraphs.
2 where a party considers that an advantage resulting for her directly or indirectly from this agreement is cancelled or compromised, or the realization of one of the objectives of the agreement is impeded because another part or parts do not meet the obligations they have incurred under the terms of this agreement, or that part or parts apply a measure contrary to the provisions of this agreement, it may, to reach a mutually satisfactory issue, make representations or proposals written to another or to the other Parties which, in his view, are involved. Such action shall be notified promptly to the body of dispute settlement established under the Memorandum of understanding on the settlement of disputes (hereinafter referred to as the "DSB"), as specified below. Any party so requested will consider with understanding the representations or proposals that have been made.
3. the DSB shall have the power to establish special groups, to adopt the reports of panels and appellate body, provide recommendations or to rule on the issue, to ensure the monitoring of the implementation of the decisions and recommendations, and authorize suspension of concessions and other obligations resulting from this agreement or the opening of consultations on channels of recourse when the withdrawal measures which will have been found that they are in contravention with the provisions of the agreement is not possible, it being understood that only WTO members that are Parties to this agreement will participate in the process of making decisions or measures that will engage the DSB with respect to disputes arising under this agreement.
4. special groups will have the following, terms of reference unless the parties to the dispute agree otherwise within a period of 20 days from the establishment of the Panel: "examine, in the light of the relevant provisions of this agreement and of (name of any other covered agreement cited by the parties to the dispute) the matter referred to the DSB by (name of party) in document...; make findings specific to help the DSB recommendations or decide the question as provided for in this agreement."
In the case of a dispute in which the provisions both of this agreement and one or more other agreements listed in Appendix 1 of the Memorandum of understanding on the settlement of disputes are invoked by one of the parties to the dispute, the by. 3 apply only to the parts of the report of the Panel regarding the interpretation and application of this agreement.
5. the panels established by the DSB to examine disputes arising under this agreement will include qualified people in the field of public procurement.
6. every effort will be made to accelerate the proceedings to the extent possible. Notwithstanding the provisions of by. 8 and 9 of the art. 12 of the Memorandum of understanding on the settlement of disputes, the Panel will seek to present its final report to the parties to the dispute four months at the latest, and delayed seven months at the latest after the date that the composition and mandate of the Panel will be arrested. Accordingly, every effort will be made to reduce also in two months time to the by. 1 of art. 20 and to the by. 4 of art. 21 of the Memorandum of understanding on the settlement of disputes. In addition, notwithstanding the provisions of the by. 5 of art. 21 of the Memorandum of understanding on the settlement of disputes, the Panel will strive to make its decision, in case of disagreement about the existence or compatibility with an agreement referred to measures taken to comply with the recommendations and rulings, within a period of 60 days.
7. Notwithstanding the provisions of the by. 2 of art. 22 of the Memorandum of understanding on the regulation disputes, any dispute arising under any agreement listed in Appendix 1 of the Memorandum of understanding on the settlement of disputes other that this agreement will result in the suspension of concessions or other obligations resulting from this agreement, and any dispute arising under this agreement will result in the suspension of concessions or other obligations resulting from any other agreement listed in the said Appendix 1.
SR 0.632.20 art. XXIII Exceptions to the agreement 1. No provision of this agreement will be interpreted as preventing a party any measures or not to disclose information if it considers it necessary for the protection of the essential interests of its security, referring to market weapons, munitions or equipment of war, or markets that are indispensable for national security or for national defence purposes.
2. provided that such measures are not applied so as to constitute, either a means of arbitrary discrimination or unjustified between countries where the same conditions exist or a disguised restriction on international trade, nothing in this agreement will be interpreted as preventing a party any Institute or apply measures: necessary to protect public morals public order or public security, protection of health and life of persons and animals or the preservation of plants, or the protection of intellectual property; or pertaining to manufactured items or services provided by people with disabilities, in philanthropic institutions, or in prisons.
Art. XXIV final provisions Notes scope of the agreement on 26 November 2013 1. Acceptance and entry into force this agreement will enter into force on 1 January 1996 for Governments for which the scope agreed figure to Annexes 1 to 5 of Appendix I of this agreement and who have accepted the agreement by way of signature on 15 April 1994 or which, at that time, will have signed subject to ratification and ratified at a later date before January 1, 1996.
2 accession all Government which is a member of the WTO, or prior to the date of entry into force of the WTO agreement which is a party to the GATT 1947 contracting, and who is not a party to this agreement may access, on terms to be agreed between that Government and the Parties, by the deposit with the Director-general of the WTO of an instrument of accession stating the terms so agreed. The agreement will enter into force for a Government that will be accessed by the thirtieth day following the date of its accession to the agreement.
3. transitional provisions
(a) Hong Kong and the Korea may delay application of the provisions of this agreement, with the exception of the art. XXI and XXII, until a date which shall exceed not on January 1, 1997. The date at which they will begin to implement its provisions, if it is earlier than January 1, 1997, will be notified to the Director general of the WTO 30 days to the avance.b) in the interval between the date of entry into force of this agreement and of its application by Hong Kong, the rights and obligations between Hong Kong and all other Parties to this agreement which were on 15 April 1994 Parties to the agreement on government procurement Geneva on 12 April 1979, as amended on 2 February 1987 (the ' 1988 agreement') shall be governed by the substantive provisions of the agreement of 1988, including its Annexes as they have been modified or rectified, which are incorporated into the agreement by reference to that effect and provisions that will remain in effect until December 31, 1996.c) between the Parties to this agreement which are also Parties to the 1988 agreement (, the rights and obligations under this agreement will replace those resulting from the agreement of 1988.d) art. XXII will take effect on the date of entry into force of the WTO agreement. In the meantime, the provisions of art. VII of the 1988 agreement apply to consultations and the settlement of disputes under this agreement, provisions that are incorporated in the agreement by reference to that effect. These provisions will be applied under the auspices of the Committee established under the present accord.e) before the date of entry into force of the WTO agreement, references to WTO bodies shall be interpreted as referring to the corresponding GATT body and references to the Director-general of the WTO and the WTO secretariat shall be interpreted as references to the Director general to the Contracting Parties to the GATT 1947 and the Secretariat of the GATT respectively.
4 reserves it may not be entered reservations regarding the provisions of this agreement.
5. national legislation) every Government that will accept the present agreement or that access will ensure, at the latest at the date when the agreement comes into force in respect, the conformity of its laws, regulations and administrative procedures, as well as rules, procedures and practices applied by the entities contained in its lists annexed to this agreement (, with the provisions of the accord.b) each party will inform the Committee of any changes in its laws and regulations in connection with the provisions of this agreement, as well as the administration of these laws and regulations.
6. rectifications or modifications a) rectifications, transfers of an entity from one annex to another or, in exceptional cases, other modifications relating to Appendices I to IV will be notified to the Committee, along with information about the likely consequences of the change for the mutually agreed agreement scope. If they are in pure form or minors, the rectifications, transfers or other changes will take effect provided that no objection has been made within a period of 30 days. In other cases, the Chairman of the Committee shall convene the Committee promptly. The Committee will review the proposal and any request for compensatory adjustments, in order to maintain the balance of rights and obligations and to maintain the scope of mutually agreed agreement at a level comparable to its level prior to the notification. If it is not possible to reach an agreement, the matter can then be treated according to the provisions of art. XXII.b) in cases where a party wishes to, in the exercise of its rights, to withdraw an entity from Appendix I on the grounds that control or influence that the Government hold on this entity was eliminated in an effective manner, this part will inform the Committee. This change will take effect on the day following the end of the next meeting of the Committee, on the condition that this meeting be held at the earliest 30 days from the date of the notification and that no objection has been made. In case of objection, the matter could then be processed according to the procedures relating to consultations and the settlement of disputes set out in art. XXII. during the review of the proposed amendment of Appendix I as well as of any compensatory adjustments that might arise, he shall account effects of the opening of the market resulting from the elimination of control or influence exercised by the Government.
7. reviews, negotiations and future work a) the Committee will conduct each year a review of the implementation and enforcement of this agreement, taking into account its objectives. The Committee will inform each year the general Council of the WTO of developments during the period which is the focus of this examen.b) at the latest at the end of the third year from the date of entry into force of this agreement, and thereafter on a periodic basis, the Parties will engage in new negotiations to improve the agreement and extend the most possible coverage among all Parties on a basis of mutual reciprocity taking into account the provisions of art. V relative to countries in developpement.c) the Parties will seek to avoid to adopt or maintain the measures and discriminatory practices which distort the proceedings open procurement markets and they will endeavour, in the negotiations referred to in para. (b) to eliminate those remaining on the date of entry into force of this agreement.
8 information technology to ensure that the agreement is not an obstacle not necessary to technical progress, the Parties will regularly hold consultations to the Committee concerning the evolution of the use of technology information in the field of public procurement, if necessary, negotiate modifications of the agreement. These consultations will in particular seek to ensure that the use of the technology information helps ensure that public procurement is done in open, non-discriminatory and effective manner through transparent procedures, procurements covered by the agreement are clearly identified, and that all available information about a particular market can be identified. When a part will be considered to innovate, she will try to take into account the views expressed by other Parties about the problems that might arise.
9 amendments the Parties may modify this agreement having regard, notably, to the experience of its implementation. When an amendment has been approved by the Parties in accordance with the procedures established by the Committee, it comes into force with respect to a party when they have accepted this.
(10 withdrawal a) any party may withdraw from this agreement. This withdrawal shall take effect on the expiry of a period of 60 days from the date on which the Director-general of the WTO has received notification in writing. Upon receipt of such notification, any party may request immediate meeting of the Comite.b) If a party to this agreement does not become a WTO member within a period of one year from the date of entry into force of the WTO agreement or ceases to be a member of the WTO, it will cease to be a party to this agreement with effect from the same date.
11 non-application of this agreement between Parties this agreement does not apply between both Parties if one or the other of these Parties, at the time of its acceptance or accession, does not consent to this application.
12 notes, Appendices and Annexes the Notes, Appendices and Annexes to this agreement form part.
13 secretariat the Secretariat of the WTO will provide the secretariat of the agreement.
14 deposit agreement will be deposited with the Director general of the WTO, which will promptly to each party a certified copy of the agreement and any rectification or modification that there will have been made in accordance with the by. 6, of any amendments that are brought in line with the by. 9, as well as a notification of each acceptance or accession in accordance with the by. 1 and 2, and each denunciation in accordance with the by. 10, of the present article.
15 record this agreement will be saved in accordance with the provisions of art. 102 of the Charter of the United Nations.
Done in Marrakech on 15 April one thousand nine hundred and ninety-four, in a single copy, in the languages French, English and Spanish, the three texts being authentic, unless otherwise noted on the attached Appendices.
Follow the signatures for the purposes of this agreement, the term "Government" is deemed understand the competent authorities of the European communities.
RS 0.632.20 RS 0.632.21 RS 0.632.231.421 turns the provisions of the Ac. 1988 except the preamble, art. VII and art. IX, to the exclusion of by. 5 (a) and (b) and by. 10. notes the term "country" as used in this agreement, including the Appendices, must be interpreted as including any separate customs territory party to this agreement.
In the case of a separate customs territory party to this agreement, in the case where the term '' national '' will accompany a term used in this agreement, this expression to interpret, unless otherwise stated, as pertaining to that customs territory.
Art. 1, by. 1 in the policy considerations relating to tied aid, and including the objective of developing countries to return to a untied, this agreement does not apply to contracts awarded in the context of tied aid to developing countries, as long as it is practised by Parties.
Scope of the agreement on 26 November 2013 States parties Ratification entry into force Armenia September 15, 2011 was September 15, 2011 Canada December 22, 1995 1 January 1996 China Hong Kong 19 June 1997 has 19 June 1997 Taiwan (Chinese Taipei) 15 July 2009 July 15, 2009 Korea (South) 22 December 1995 1 January 1996 United States 1 December 1995 1 January 1996 Iceland April 28, 2001 was April 28, 2001 Israel 31 December 1995 1 January 1996 Japan 5 December 1995 A 1 January 1996 Liechtenstein 18 September 1997 18 September 1997 Norway December 7, 1994 January 1, 1996 Netherlands Aruba October 25, 1996 October 25, 1996 Singapore October 20, 1997 A October 20, 1997 Switzerland 19 December 1995 1 January 1996 European Union December 30, 1994 January 1, 1996 European Union in what concerns its 28 States parties (with date of entry into force) : Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden, United Kingdom, 1 January 1996; Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Czech Republic, Slovakia, Slovenia, may 1, 2004; Bulgaria and Romania, January 1, 2007; Croatia, July 1, 2013.
Art. 1 al. 1 c. 1 Dec 8 AF. 1994 (RO 1995 2116).
RS 0.632.231.421 RO 1996 609, 2014 97. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
State November 26, 2013
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