Switzerland List of Entities. 1. The contracting entities which are public authorities or public undertakings and which have at least one of their activities in any of those referred to below:
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks (as specified under List of Sectors 1);
(b) the operation of fixed networks providing a service to the public in the field of transport by tramway, trolleybus, bus or cable (as specified under List of Sectors 2);
(c) the exploitation of a geographical area for the purpose of the provision of airport or other terminal facilities to carriers by air (as specified under List of Sectors 3);
(d) the exploitation of a geographical area for the purpose of the provision of inland port or other terminal facilities to carriers by inland waterway (as specified under List of Sectors 4); and
(e) The production of electricity (as specified under List of Sectors 5).
2. For the purposes of this Appendix:
(a) “public authorities” means the State, regional or local authorities, bodies governed by public law, or associations formed by one or more of such authorities or bodies governed by public law. A body is considered to be governed by public law where it:
(i) is established for the specific purpose of meeting needs in the general interest, not being of an industrial or commercial nature;
(ii) has legal personality; and
(iii) is financed for the most part by the State, or regional or local authorities, or other bodies governed by public law, or is subject to management supervision by those bodies, or has an administrative, managerial or supervisory board more than half of whose members are appointed by the State, regional or local authorities, or other bodies governed by public law.
(b) “public undertakings” means any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:
(i) hold the majority of the undertaking’s subscribed capital;
(ii) control the majority of the votes attaching to shares issued by the undertaking; or
(iii) can appoint more than half of the members of the undertaking’s admin...
