ADHESIÓN DEL TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU AL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Organización Mundial del Comercio
RESTRICTED
GPA/ACC/TPKM/1
28 de noviembre de 2008
(08-5871)
Comité de Contratación Pública Original: inglés
ADHESIÓN DEL TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU AL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Proyecto de Decisión y oferta final
(para su examen en la reunión del Comité de Contratación Pública programada para el 9 de diciembre de 2008)
La siguiente comunicación, de fecha 28 de noviembre de 2008, se distribuye a petición de la Misión Permanente del Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu.
GPA/xxx
ADHESIÓN DEL TERRITORIO ADUANERO DISTINTO DE TAIWÁN, PENGHU, KINMEN Y MATSU
Decisión
El Comité de Contratación Pública,
Teniendo en cuenta la solicitud de adhesión al Acuerdo sobre Contratación Pública presentada por el Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu (denominado en adelante el "Taipei Chino"), que figura en el documento GPA/IC/SPEC/1 de 17 xx xxxxx de 1995, y las consultas celebradas a tal efecto con las Partes en el Acuerdo sobre Contratación Pública; y
Teniendo en cuenta los documentos pertinentes que rigen las modalidades de adhesión al Acuerdo sobre Contratación Pública.
Decide lo siguiente:
1. De conformidad con las disposiciones del párrafo 2 del artículo XXIV del Acuerdo sobre Contratación Pública, el Taipei Chino podrá adherirse a este Acuerdo en las condiciones que se adjuntan.
2. El Acuerdo sobre Contratación Pública entrará en vigor para el Taipei Chino el trigésimo día siguiente a la fecha de su adhesión, es decir, la fecha en que el Director General reciba el instrumento de adhesión, que reproducirá las condiciones adjuntas.
3. La presente Decisión expirará en seis meses después de la fecha de su adopción por el Comité de Contratación Pública, salvo que ese plazo sea prorrogado por dicho Comité, con el consentimiento mutuo del Comité y del Taipei Chino.
Nota de la Secretaría: En el anexo A del presente documento figura la oferta final del Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu con sus partes tachadas y subrayadas. El anexo B muestra la oferta final del Territorio Aduanero Distinto de Taiwán, Penghu, Kinmen y Matsu en su versión en limpio.1
1 Anexos A y B en inglés solamente.
ATTACHMENT A APPENDIX I*
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
(Authentic in the English Language)
ANNEX 1
Central Government Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 130,000 SDRs - Goods
130,000 SDRs - Services covered in Annex 4 5,000,000 SDRs - Construction covered in Annex 5
List of entities:
1. Presidential Office (has been renamed as Office of the President)
2. Executive Xxxx
3. Ministry of Interior (including its Central Taiwan Division and Second Division)
4. Ministry of Finance (including its Central Taiwan Division)
5. Ministry of Economic Affairs (including its Central Taiwan Division)
6. Ministry of Education (including its Central Taiwan Division)
7. Ministry of Justice (including its Central Taiwan Division)
8. Ministry of Transportation and Communications (including its Central Taiwan Division)
9. Mongolian & Tibetan Affairs Commission
10. Overseas Chinese Affairs Commission (has been renamed as Overseas Compatriot Affairs Commission)
11. Directorate-General of Budget, Accounting and Statistics (including its Central Taiwan Division)
12. Department of Health (including its Central Taiwan Division)
13. Environmental Protection Administration (including its Central Taiwan Division)
14. Government Information Office (including its Central Taiwan Division)
15. Central Personnel Administration (including its Central Taiwan Division)
16. Mainland Affairs Council
17. Council of Labor (including its Central Taiwan Division) (has been renamed as Council of Labor Affairs)
18. Research, Development and Evaluation Commission (including its Central Taiwan Division)
19. Council for Economic Planning and Development
20. Council for Cultural Planning and Development (has been renamed as Council for Cultural Affairs)
21. Veterans Affairs Commission
22. Council of Agriculture (including its Central Taiwan Division and Second Division)
23. Atomic Energy Council
24. National Youth Commission
25. National Science Council
26. Fair Trade Commission
27. Consumer Protection Commission
28. Public Construction Commission
29. Ministry of Foreign Affairs (excluding procurement for the direct purpose of providing foreign assistance)
30. Ministry of National Defense
31. National Palace Museum
32. Central Election Commission
* In English only. With respect to the list of entities, refer to the relevant documents governing the modalities of accession to the Agreement on Government Procurement.
Notes to Annex 1
1. The General Notes shall apply to this Annex.
2. The above central government entities, include all administrative units prescribed by the pertinent organization laws of such entities and entities transferred to the central government pursuant to the 28 October 1998 "Provisional Statute on the Reorganization of the Taiwan Provincial Government", in effect and as amended on 6 December 2000.
3. The Agreement shall not apply to the procurement by the Ministry of Foreign Affairs relating to the construction of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x overseas representative offices, liaison offices and other missions.
4. This Agreement does not apply to the procurement by the National Space Program Office of the National Science Council for five years from its entry into force for the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu. (National Space Program Office has been renamed as National Space Organization.)
5. This Agreement will generally apply to procurement by the Ministry of National Defense of the following Federal Supply Classification (FSC) categories subject to the decision of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu Government under the provisions of paragraph 1 of Article XXIII.
2510 | Vehicular Cab, Body, and Frame Structural Components |
2520 | Vehicular Power Transmission Components |
2540 | Vehicular Furniture and Accessories |
2590 | Miscellaneous Vehicular Components |
2610 | Tire and Tubes, Pneumatic, Except Aircraft |
2910 | Engine Fuel System Components, Non-aircraft |
2920 | Engine Electrical System Components, Non-aircraft |
2930 | Engine Cooling System Components, Non-aircraft |
2940 | Engine Air and Oil Filters, Strainers, and Cleaners, Non-aircraft |
2990 | Miscellaneous Engine Accessories, Non-aircraft |
3020 | Gears, Pulleys, Sprockets, and Transmission Chain |
3416 | Lathes |
3417 | Milling Machines |
3510 | Laundry and Dry Cleaning Equipment |
4110 | Refrigeration Equipment |
4230 | Decontaminating and Impregnating Equipment |
4520 | Space Heating Equipment and Domestic Water Heaters |
4940 | Miscellaneous Maintenance and Repair Shop Specialized Equipment |
5110 | Hand Tools, Edged, Non-powered |
5120 | Hand Tools, Non-edged, Non-powered |
5305 | Screws |
5306 | Bolts |
5307 | Studs |
5310 | Nuts and Washers |
5315 | Nails, Keys, and Pins |
5320 | Rivets |
5325 | Fastening Devices |
5330 | Packing and Gasket Materials |
5335 | Metal Screening |
5340 | Miscellaneous Hardware |
5345 | Disks and Stones, Abrasive |
5350 | Abrasive Materials |
5355 | Knobs and Pointers |
5360 | Coil, Flat and Wire Springs |
5365 | Rings, Shims and Spacers |
5410 | Prefabricated and Portable Buildings |
5411 | Rigid Wall Shelters |
5420 | Bridges, Fixed and Floating |
5430 | Storage Tanks |
5440 | Scaffolding Equipment and Concrete Forms |
5445 | Prefabricated Tower Structures |
5450 | Miscellaneous Prefabricated Structures |
5520 | Millwork |
5530 | Plywood and Veneer |
5610 | Mineral Construction Materials, Bulk |
5620 | Building Glass, Tile, Brick, and Block |
5630 | Pipe and Conduit, Non-metallic |
0000 | Xxxxxxxxx, Xxxxxxxx Paper, and Thermal Insulation Materials |
5650 | Roofing and Siding Materials |
5660 | Fencing, Fences, and Xxxxx |
5670 | Building Components, Prefabricated |
5680 | Miscellaneous Construction Materials |
6220 | Electric Vehicular Lights and Fixtures |
6505 | Drugs, Biologicals and Official Reagents |
6510 | Surgical Dressing Materials |
6515 | Medical and Surgical Instruments, Equipment and Supplies |
7030 | Automatic Data Processing Software |
7050 | ADP Components |
7105 | Household Furniture |
7110 | Office Furniture |
7125 | Cabinets, Lockers, Bins, and Shelving |
7195 | Miscellaneous Furniture and Fixtures |
7210 | Household Furnishings |
7220 | Floor Coverings |
7230 | Draperies, Awnings, and Shades |
7240 | Household and Commercial Utility Containers |
7290 | Miscellaneous Household and Commercial Furnishings and Appliances |
7310 | Food Cooking, Baking, and Serving Equipment |
7320 | Kitchen Equipment and Appliances |
7330 | Kitchen Hand Tools and Utensils |
7340 | Cutlery and Flatware |
7350 | Tableware |
7360 | Sets, Kits, Outfits, and Modules, Food Preparation and Serving |
7520 | Office Devices and Accessories |
7530 | Stationery and Record Forms |
7910 | Floor Polishers and Vacuum Cleaning Equipment |
7920 | Brooms, Brushes, Mops, and Sponges |
7930 | Cleaning and Polishing Compounds and Preparations |
8105 | Bags and Sacks |
8110 | Drums and Cans |
9150 | Oils and Greases: Cutting, Lubricating, and Hydraulic |
9310 | Paper and Paperboard |
9320 | Rubber Fabricated Materials |
9330 | Plastics Fabricated Materials |
9340 | Glass Fabricated Materials |
9350 | Refractories and Fire Surfacing Materials |
9390 | Miscellaneous Fabricated Non-metallic Materials |
9410 | Crude Grades of Plant Materials |
9420 | Fibres: Vegetable, Animal, and Synthetic |
9430 | Miscellaneous Crude Animal Products, Inedible |
9440 | Miscellaneous Crude Agricultural and Forestry Products |
9450 | Non-metallic Scrap, Except Textile |
9610 | Ores |
9620 | Minerals, Natural and Synthetic |
9630 | Additive Metal Materials and Master Alloys |
9640 | Iron and Steel Primary and Semifinished Products |
9650 | Nonferrous Base Metal Refinery and Intermediate Forms |
9660 | Precious Metals Primary Forms |
9670 | Iron and Steel Scrap |
9680 | Nonferrous Metal Scrap |
9905 | Signs, Advertising Displays, and Identification Plates |
9910 | Jewelry |
9915 | Collectors and/or Historical Items |
9920 | Smokers' Articles and Matches |
9925 | Ecclesiastical Equipment, Furnishings, and Supplies |
9930 | Memorials; Cemeterial and Mortuary Equipment and supplies |
9999 | Miscellaneous Items |
ANNEX 2
Sub-Central Government Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 200,000 SDRs - Goods
200,000 SDRs - Services covered in Annex 4 15,000,000 SDRs - Construction covered in Annex 5
(For the first year from the effective date of the Agreement to the Separate Customs Territory of Tai wan, Penghu, Kinmen and Matsu)
10,000,000 SDRs
(For the second year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
5,000,000 SDRs
(From the third year onwards after the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
List of entities:
I. Taiwan Provincial Government
1. Secretariat, Taiwan Provincial Government
2. Petition Screening Committee, Taiwan Provincial Government
3. Regulation Committee, Taiwan Provincial Government
II. Taipei City Government
1. Bureau of Civil Affairs (has been renamed as Department of Civil Affairs)
2. Bureau of Finance (has been renamed as Department of Finance)
3. Bureau of Education (has been renamed as Department of Education)
4. Bureau of Business Management (has been renamed as Department of Economic Development)
5. Bureau of Public Works (has been renamed as Public Works Department)
6. Bureau of Transportation (has been renamed as Department of Transportation)
7. Bureau of Social Affairs (has been renamed as Department of Social Welfare)
8. Bureau of Labor Affairs (has been renamed as Department of Labor)
9. Bureau of Taipei City Police (has been renamed as Taipei City Police Department)
10. Bureau of Public Health (has been renamed as Department of Health)
11. Bureau of Environmental Protection (has been renamed as Department of Environmental Protection)
12. Bureau of Urban Development (has been renamed as Department of Urban Development)
13. Taipei Fire Department (has been renamed as Taipei City Fire Department)
14. Department of Land Administration
15. Department of Public Housing (has been renamed as Department of Urban Development)
16. Department of Information (has been renamed as Department of Information and Tourism)
17. Department of Military Service
18. Secretariat
19. Department of Budget, Accounting and Statistics
20. Department of Personnel
21. Department of Anti-Corruption
22. Commission of Research, Development and Evaluation
23. Commission of Urban Planning
24. Commission for Examining Petitions and Appeals
25. Commission of Laws and Regulations
26. Department of Rapid Transit Systems
27. Civil Servant Training Center (has been renamed as Department of Civil Servant Development)
28. Hsin-i District Office (has been renamed as Xinyi District Office)
29. Sung-shan District Office (has been renamed as Songshan District Office)
30. Ta-an District Office (has been renamed as Daan District Office)
31. Xxxxx-shan District Office (has been renamed as Zhongshan District Office)
32. Xxxxx-xxxxx District Office (has been renamed as Zhongzheng District Office)
33. Ta-tung District Office (has been renamed as Datong District Office)
34. Wan-hwa District Office (has been renamed as Wanhua District Office)
35. Wen-shan District Office (has been renamed as Wenshan District Office)
36. Nan-xxxx District Office (has been renamed as Xxxxxxx Xxxxxxxx Xxxxxx)
00. Xxx-xx Xxxxxxxx Xxxxxx (xxx been renamed as Neihu District Office)
38. Shih-lin District Office (has been renamed as Xxxxxx Xxxxxxxx Xxxxxx)
00. Xxx-xxx Xxxxxxxx Xxxxxx (xxx been renamed as Beitou District Office)
III. Kaohsiung City Government
1. Bureau of Civil Affairs
2. Bureau of Finance
3. Bureau of Education
4. Bureau of Reconstruction (has been renamed as Department of Economic Development)
5. Bureau of Public Works
6. Bureau of Social Affairs
7. Bureau of Labor Affairs
8. Bureau of Police
9. Bureau of Health
10. Bureau of Environmental Sanitation
11. Bureau of Mass Rapid Transit
12. Kaohsiung Fire Department
13. Department of Land Administration
14. Department of Public Housing (has been renamed as Bureau of Urban Development)
15. Department of Information
16. Department of Military Service
17. Research and Development Commission
18 Commission of Rules and Regulations
19. Commission for Examining Petitions and Appeals
20. Secretariat
21. Department of Budget, Accounting and Statistics
22. Department of Personnel
23. Department of Anti-Corruption
24. Civil Servant Training Center (has been renamed as Bureau of Human Resource Development)
25. Urban Planning Committee
26. Yen-xxxx District Office (has been renamed as Yanchem District Office)
27. Ku-shan District Office (has been renamed as Kushan District Office)
28. Tso-xxxx District Office (has been renamed as Zuoying District Office)
29. Nan-tzu District Office (has been renamed as Xxxxxx District Office)
30. Sun-min District Office (has been renamed as Sanmin District Office)
31. Hsin-hsing District Office (has been renamed as Sinsing District Office)
32. Chien-chin District Office (has been renamed as Cianjin District Office)
33. Lin-ya District Office (has been renamed as Lingya District Office)
34. Chien-xxxx District Office (has been renamed as Cianjhen District Office)
35. Chi-ching District Office (has been renamed as Xxxxx Xxxxxxxx Xxxxxx)
00. Xxxxx-xxxx Xxxxxxxx Xxxxxx (xxx been renamed as Siaogang District Office)
Notes to Annex 2
1. The General Notes shall apply to this Annex.
2. The above sub-central government entities include all administrative units prescribed by the pertinent organization laws of such entities.
ANNEX 3
All Other Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 400,000 SDRs - Goods
400,000 SDR - Services covered in Annex 4 15,000,000 SDRs - Construction covered in Annex 5
(For the first year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
10,000,000 SDRs
(For the second year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
5,000,000 SDRs
(From the third year onwards after the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
List of Entities:
1. Taiwan Power Company
2. Chinese Petroleum Corporation (has been renamed as Chinese Petroleum Corporation, Taiwan)
3. Taiwan Sugar Corporation
4. Taiwan Salt Industrial Corporation (has been privatized in November 2003)
5. National Taiwan University
6. National Chengchi University
7. National Taiwan Normal University
8. National Tsing Hua University
9. National Xxxxx Xxxxx University
10. National Xxxxx Xxxx University
11. National Xxxxx Xxxx University
12. National Central University
13. National Sun Yat-Sen University
14. National Xxxxx Xxxxx University
15. National Open University
16. National Taiwan Ocean University
17. National Kaohsiung Normal University
18. National Changhwa University of Education
19. National Xxxx Xxx University
20. National Xxxx Xxxx University
21. National Taiwan University of Science & Technology
22. National Institute of the Arts (has been renamed as Taipei National University of the Arts)
23. National College of Physical Education and Sports (has been renamed as National Taiwan Sport University)
24. National Yunlin University of Science & Technology
25. National Pingtung University of Science & Technology
26. National Taiwan College of Arts (has been renamed as National Taiwan University of Arts)
27. National Taipei College of Nursing
28. National Kaohsiung First University of Science & Technology
29. National Taipei Teachers College (has been renamed as Taipei University of Education)
30. National Hsinchu Teachers College (has been renamed as National Hsinchu University of Education)
31. National Taichung Teachers College (has been renamed as National Taichung University)
32. National Chiayi Teachers College (has been renamed as National Chiayi University)
33. National Tainan Teachers College (has been renamed as National University of Tainan)
34. National Pingtung Teachers College (has been renamed as National PingTung University of Education)
35. National Hualian Teachers College (has been renamed as National Xxxx Xxx University (Meilun Campus)
36. National Taitung Teachers College (has been renamed as National Taitung University)
37. National Teipei University of Technology
38. National Kaohsiung University of Applied Sciences
39. National Hu-wei Institute of Technology (has been renamed as National Formosa University)
40. National Chiayi Institute of Agriculture (has been merged with National Chiayi University)
41. National Taipei College of Business
42. National Taichung Institute of Technology
43. National Kaohsiung Institute of Marine Technology (has been renamed as National Kaohsiung Marine University)
44. National I-Lan Institute of Agriculture and Technology (has been renamed as National Xxxx University)
45. National Pingtung Institute of Commerce
46. National Taiwan College of Physical Education (has been merged with National Taiwan Sport University)
47. National Chinyi Institute of Technology and Commerce (has been renamed as National Chin- Yi University of Technology)
48. Central Trust of China (for procurement on its own account) (has been merged with Bank of Taiwan)
49. China Engraving & Printing Works
50. The Central Mint of China
51. Taiwan Water Supply Corporation
52. Second Office of Ministry of Economic Affairs (for procurement on its own account)
53. National Taiwan University Hospital
54. National Xxxxx Xxxx University Medical College, Medical Center (has been renamed as National Xxxxx Xxxx University Hospital)
55. Veterans General Hospital-Taipei
56. Veterans General Hospital-Taichung
57. Veterans General Hospital-Kaohsiung
58. Taiwan Railway Administration
59. Keelung Harbour Bureau
60. Taichung Harbour Bureau
61. Kaohsiung Harbour Bureau
62. Hualien Harbour Bureau
63. Bureau of Taipei Feitsui Reservoir Administration
64. Taipei Water Department
65. Chunghwa Telecom (has been privatized in August 2005)
66. Central Police University
Notes to Annex 3
1. The General Notes shall apply to this Annex.
2. With regard to the procurement by Central Trust of China and the Second Office of Ministry of Economic Affairs for entities listed in Annexes 1, 2 and 3, the coverages and thresholds for such entities thereunder shall apply.
3. The Agreement shall not apply to the procurement by China Engraving & Printing Works of banknote printing press (intaglio) (HS. No. 8443).
4. With respect to the procurement by Chunghwa Telecom, this Agreement shall apply only to suppliers and service providers of the Parties concerned that provide access for the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu suppliers and service providers to their own telecommunication markets under the condition of reciprocity. In the case where a Party's telecommunication sector is run by its private sector without government influence or control over the procurements conducted by the private sector, the reciprocity requirement will not apply to that Party. (Chunghwa Telecom has been privatized in August 2005)
ANNEX 4
Services
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following services are included (others being excluded):
GNS/W/120 | CPC | Description |
1.A.a. | 861** | Legal services (limited to qualified lawyers under the laws of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu) |
1.A.b. | 862** | Accounting, Auditing and Bookkeeping services |
1.A.c. | 863** | Taxation services (excluding income tax certification services) |
1.A.d. | 8671 | Architectural services |
1.A.e. | 8672 | Engineering services |
1.A.f. | 8673 | Integrated engineering services |
1.A.g. | 8674 | Urban planning and landscape architectural services |
1.B.a. | 841 | Consultancy services related to the installation of computer hardware |
1.B.b. | 842 | Software implementation services |
1.B.c. | 843 | Data processing services |
1.B.d. | 844 | Database services |
1.B.e. | 845 | Maintenance and repair of office machinery and equipment including computers |
849 | Other computer services | |
1.D.b. | 82203**, 82205** | Services incidental to residential and non-residential buildings and land sales agents |
1.E.b. | 83104** | Leasing or rental services concerning aircraft without operator (excluding cabotage) |
1.E.d. | 83106-83109 | Leasing or rental services concerning other machinery and equipment without operator |
GNS/W/120 | CPC | Description |
1.E.e. | 8320 | Leasing or rental services concerning personal and household goods |
1.F.a. | 871** | Advertising services (limited to TV or radio advertisements) |
1.F.b. | 864 | Market research and public opinion polling services |
1.F.c. | 865 | Management consulting services |
1.F.d. | 866** | Services relating to management consulting (excluding arbitration and conciliation services) |
1.F.e. | 8676 | Technical testing and analysis services |
1.F.f. | 88110**, 88120** 88140** | Consulting services incidental to Agriculture, Animal Husbandry and Forestry |
1.F.h. | 883, 5115 | Services incidental to mining |
1.F.i. | 884**, 885 | Services incidental to manufacturing (excluding CPC 88442 publishing and printing on a fee or contract basis) |
1.F.m. | 8675 | Related scientific and technical consulting services |
1.F.n. | 633, 8861-8866 | Maintenance and repair of equipment (excluding maritime vessel, aircraft or other transport equipment) |
1.F.o. | 874 | Building-cleaning services |
1.F.p. | 875 | Photographic services |
1.F.q. | 876 | Packaging services |
1.F.t. | 87905 | Translation and interpretation services |
1.F.s. | 87909 | Convention services |
2.B. | 7512** | Land-based international courier services |
2.C.a. | 7521** | Voice telephone services |
2.C.b. | 7523** | Packet-switched data transmission services |
2.C.c. | 7523** | Circuit-switched data transmission services |
2.C.d. | 7523** | Telex services |
2.C.e. | 7522 | Telegraph services |
GNS/W/120 | CPC | Description |
2.C.f. | 7521**, 7529** | Facsimile services |
2.C.g. | 7522**, 7523** | Private leased circuit services |
2.C.h. | 7523** | Electronic mail |
2.C.i. | 7523** | Voice mail |
2.C.j. | 7523** | On-line information and data-base retrieval |
2.C.k. | 7523** | Electronic data interchange (EDI) |
2.C.l. | 7523** | Enhanced/value-added facsimile services including store and forward, store and retrieval |
2.C.m. | 7523** | Code and protocol conversion services |
2.C.n. | 843** | On-line information and/or data processing |
2.C.o. | 75213* | Cellular mobile phone services |
2.C.o. | 7523**, 75213* | Trunked radio services |
2.C.o. | 7523** | Mobile data services |
2.C.o. | 75291* | Radio paging services |
2.D.a. | 96112 | Motion picture or video tape production services |
2.D.a. | 96113 | Motion picture or video tape distribution services |
2.D.b. | 96121 | Motion picture projection |
2.D.b. | 96122 | Video-tape projection services |
6.A. | 9401 | Sewage services |
6.B. | 9402 | Refuse disposal services |
6.C. | 9403 | Sanitation and similar services |
6.D. | Others: | |
9404 | - Cleaning services of exhaust gases | |
9405 | - Noise abatement services | |
9409 | - Other environmental protection services not elsewhere classified |
GNS/W/120 | CPC | Description |
7.A. | 812**, 814** | Insurance services |
7.B | ex 81** | Banking and Investment Services |
9.A | 64110** | Hotel lodging services |
9.A | 642 | Food serving services |
9.B. | 7471 | Travel agencies and tour operators services |
11.C.a. | 8868** | Maintenance and repair of civil aircraft |
11.E.d. | 8868** | Maintenance and repair of rail transport equipment |
11.F.d. | 6112, 8867 | Maintenance and repair of road transport equipment |
Notes to Annex 4
1. The General Notes shall apply to this Annex.
2. The symbol of asterisk (*) indicates that the service specified is a component of a more aggregated CPC item. The symbol of double asterisks (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.
3. The offer in telecommunications is limited to enhanced/value-added services for the supply of which the underlying telecommunications facilities are leased from providers of public telecommunications transport networks.
4. This offer does not include:
- research and development;
- coin minting;
- all services, with reference to those goods purchased by the Ministry of National Defense which are not identified as subject to coverage by this Agreement.
5. The offer in banking and investment services does not include the following:
(a) procurements for financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services;
(b) acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt.
ANNEX 5
Construction Services
Definition:
A construction services contract is a contract which has as its objective the realization by whatever means of civil or building works, in the sense of Division 51 of the Central Product Classification.
List of construction services offered:
All services contained in Division 51 CPC.
Notes to Annex 5
The General Notes shall apply to this Annex.
GENERAL NOTES
1. For any particular Party whose threshold value listed for a certain coverage is higher than that listed by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, this Agreement applies only to those procurements above the higher one threshold value for such particular Party for the relevant coverage. (This note does not apply to bidders of the United States and Israel competing on goods, services and construction contracts tendered by entities identified in Annex 2.)
2. Until such time as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx has accepted that the Parties concerned provide access for the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu suppliers and service providers to their own markets, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu shall not extend the benefits of this Agreement to suppliers and service providers of the Parties concerned. A service listed in Annex 4 or construction service in Annex 5 is covered with respect to a particular Party only to the extent that such Party has provided reciprocal access to that service.
3. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.
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 goods or service component of that contract.
5. This Agreement shall not apply to contracts:
- for the acquisition or rental of land, existing buildings, other immovable property or concerning rights thereon;
- for the acquisition, development, production or co-production of programme materials by broadcasters and contracts for broadcasting time;
- contract of employment.
6. This Agreement shall not apply to:
- contracts awarded under an international agreement and intended for the joint implementation or exploitation of a project;
- contracts awarded under the particular procedure of an international organization;
- procurement made with a view to resale or to using in the production of supplies or services for sale;
- procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes;
- procurement of the following goods and services (including construction) relating to the electricity and transport projects.
Exclusions regarding electricity (goods)
HS 8402 | Steam or other vapour generating boilers | ||||
HS 8404 | Auxiliary plant for use with boilers | ||||
HS 8410 | Hydraulic turbines, water wheels, and regulators | ||||
HS 8501 | Electric motors and generators | ||||
HS 8502 | Electric generating sets | ||||
HS 8504 | Electrical transformers and converters | ||||
HS 8532 | Power capacitors | ||||
HS 8535 | Electrical switches, breakers, switch-gears 1,000 volts) | (for | a | voltage | exceeding |
HS 8536 Electrical switches, breakers, switch-gears (for a voltage not exceeding 1,000 volts) | |||||
HS 8537 | switch boards, controller panels | ||||
HS 8544 | Power cables (including optical fibre cables) | ||||
HS 9028 | Electricity supply meter |
- Notwithstanding the above, this Agreement shall apply to the procurement of HS codes 8402, 8404, 8410, 8501 (electric motors with capacity of 22 megawatts or greater, electric
generators with capacity of 50 megawatts or greater)*, 850164, 8502, 8504 (electrical transformers and static converters, with capacity of 1 to 600 megawatts)*, and 8544 (cable related to telecommunications applications) for the goods and suppliers of the United States; the European Communities; Japan; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
* Coverage to be effective two years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO.
- Notwithstanding the above, this Agreement shall apply to the procurement of HS codes 8402, 8404, 8410, 850164 and 8502 for the goods and suppliers of Korea.
Exclusions regarding electricity (services and constructions)
CPC 51340 | Power transmission line construction work |
CPC 51360 | Power plant and substation construction work |
CPC 51649 | Power transmission and distribution automation system construction work |
CPC 52262 | Power plant construction engineering work |
CPC 86724 | Power transmission, distribution and substation engineering design services |
CPC 86725 | Power plant engineering design services) |
CPC 86726 Power transmission and distribution automation system engineering design services | |
CPC 86739 Integrated engineering services for power transmission and distribution turnkey projects |
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC codes 51340, 51360 and 51649 for the service providers of Korea; the European Communities; Japan; the United States; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC code 52262 for the service providers of Korea; the European Communities; the United States; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC codes 86724, 86725, 86726 and 86739 for the services providers of the United States; Canada; Korea; the European Communities; Japan; Switzerland; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
Exclusions regarding transport
HS 8601 Rail locomotives, powered from an external source of electricity or by electric accumulators |
HS 8603 Self-propelled railway or trainway, coaches, vans and trucks, other than those of heading. |
HS 8605 Railway or trainway passenger coaches, not self-propelled, luggage van, post office coaches and other special purpose railway or trainway coaches, not self-propelled |
HS 8607 Parts of railway or trainway locomotives or rolling stock |
HS 8608 Railway or trainway track fixtures and fittings, mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, roads, inland waterways, parking facility, port installations or airfields, parts of the foregoing |
- Notwithstanding the above, this Agreement shall apply to the procurement of HS code 8608 for the goods and suppliers of the United States; Canada; the European Communities; Japan; Switzerland; Norway; Iceland; Hong Kong, China; Singapore; and Israel, effective two years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO.
- Notwithstanding the above, this Agreement shall apply to the procurement of HS code 8601, 8603, 8605 and 8607 for the goods and suppliers of Canada; the European Communities; Japan; Norway; Iceland; Hong Kong, China; Singapore; and Israel. For a period of 10 years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO, up to 50 per cent of the procurement amount can be used by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu for offset purposes.
7. 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.
8. Procurement in terms of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu's coverage does not include non-contractual agreements or any form of government assistance, including, but not limited to, cooperative agreements, grants, loans, guarantees, fiscal incentives, and governmental provision of goods and services to persons or governmental authorities not specifically covered under the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu's Annexes to this Agreement.
9. The provision of services, including construction services, in the context of procurement procedures according to this Agreement is subject to the conditions and qualifications for market access and national treatment as will be required by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu in conformity with commitments under GATS.
10. When a specific procurement may impair important national policy objectives, the Government of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu may consider it necessary in particular procurement cases to deviate from the principle of national treatment of the Agreement. A decision to this effect will be made by the Executive Xxxx. This Note shall only be applied to Finland, Norway and Sweden under the condition that they maintain the similar note to their Annexes.
11. This Agreement shall not apply to procurements in respect of national security exceptions including procurements made in support of safeguarding nuclear materials, radwaste management, or technology.
12. The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu will accede to the Agreement at the time it accedes to the WTO.
APPENDIX II
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF NOTICES OF INTENDED PROCUREMENTS - PARAGRAPH 1 OF ARTICLE IX, AND OF POST-AWARD NOTICES – PARAGRAPH 1 OF ARTICLE XVIII
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Procurement Gazette
Government Procurement Information System (xxxx://xxx.xxx.xxx.xx)
APPENDIX III
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION ANNUALLY OF INFORMATION ON PERMANENT LISTS OF QUALIFIED SUPPLIERS IN THE CASE OF SELECTIVE TENDERING PROCEDURES - PARAGRAPH 9 OF ARTICLE IX
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Procurement Gazette
Government Procurement Information System (xxxx://xxx.xxx.xxx.xx)
APPENDIX IV
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF LAWS, REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL APPLICATION AND ANY PROCEDURE REGARDING GOVERNMENT PROCUREMENT COVEDED BY THIS AGREEMENT – PARAGRAPH 1 OF ARTICLE XIX
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Gazette
Public Construction Commission (xxxx://xxx.xxx.xxx.xx) Judicial decisions (xxxx://xxx.xxxxxxxx.xxx.xx)
ATTACHMENT B APPENDIX I*
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
(Authentic in the English Language)
ANNEX 1
Central Government Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 130,000 SDRs - Goods
130,000 SDRs - Services covered in Annex 4 5,000,000 SDRs - Construction covered in Annex 5
List of entities:
1. Office of the President
2. Executive Xxxx
3. Ministry of Interior (including its Central Taiwan Division and Second Division)
4. Ministry of Finance (including its Central Taiwan Division)
5. Ministry of Economic Affairs (including its Central Taiwan Division)
6. Ministry of Education (including its Central Taiwan Division)
7. Ministry of Justice (including its Central Taiwan Division)
8. Ministry of Transportation and Communications (including its Central Taiwan Division)
9. Mongolian & Tibetan Affairs Commission
10. Overseas Compatriot Affairs Commission
11. Directorate-General of Budget, Accounting and Statistics (including its Central Taiwan Division)
12. Department of Health (including its Central Taiwan Division)
13. Environmental Protection Administration (including its Central Taiwan Division)
14. Government Information Office (including its Central Taiwan Division)
15. Central Personnel Administration (including its Central Taiwan Division)
16. Mainland Affairs Council
17. Council of Labor Affairs (including its Central Taiwan Division)
18. Research, Development and Evaluation Commission (including its Central Taiwan Division)
19. Council for Economic Planning and Development
20. Council for Cultural Affairs
21. Veterans Affairs Commission
22. Council of Agriculture (including its Central Taiwan Division and Second Division)
23. Atomic Energy Council
24. National Youth Commission
25. National Science Council
26. Fair Trade Commission
27. Consumer Protection Commission
29. Public Construction Commission
29. Ministry of Foreign Affairs (excluding procurement for the direct purpose of providing foreign assistance)
30. Ministry of National Defense
31. National Palace Museum
32. Central Election Commission
* In English only. With respect to the list of entities, refer to the relevant documents governing the modalities of accession to the Agreement on Government Procurement.
Notes to Annex 1
1. The General Notes shall apply to this Annex.
2. The above central government entities, include all administrative units prescribed by the pertinent organization laws of such entities and entities transferred to the central government pursuant to the 28 October 1998 "Provisional Statute on the Reorganization of the Taiwan Provincial Government", in effect and as amended on 6 December 2000.
3. The Agreement shall not apply to the procurement by the Ministry of Foreign Affairs relating to the construction of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x overseas representative offices, liaison offices and other missions.
4. This Agreement does not apply to the procurement by the National Space Organization of the National Science Council for five years from its entry into force for the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
5. This Agreement will generally apply to procurement by the Ministry of National Defense of the following Federal Supply Classification (FSC) categories subject to the decision of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu Government under the provisions of paragraph 1 of Article XXIII.
2510 | Vehicular Cab, Body, and Frame Structural Components |
2520 | Vehicular Power Transmission Components |
2540 | Vehicular Furniture and Accessories |
2590 | Miscellaneous Vehicular Components |
2610 | Tire and Tubes, Pneumatic, Except Aircraft |
2910 | Engine Fuel System Components, Non-aircraft |
2920 | Engine Electrical System Components, Non-aircraft |
2930 | Engine Cooling System Components, Non-aircraft |
2940 | Engine Air and Oil Filters, Strainers, and Cleaners, Non-aircraft |
2990 | Miscellaneous Engine Accessories, Non-aircraft |
3020 | Gears, Pulleys, Sprockets, and Transmission Chain |
3416 | Lathes |
3417 | Milling Machines |
3510 | Laundry and Dry Cleaning Equipment |
4110 | Refrigeration Equipment |
4230 | Decontaminating and Impregnating Equipment |
4520 | Space Heating Equipment and Domestic Water Heaters |
4940 | Miscellaneous Maintenance and Repair Shop Specialized Equipment |
5110 | Hand Tools, Edged, Non-powered |
5120 | Hand Tools, Non-edged, Non-powered |
5305 | Screws |
5306 | Bolts |
5307 | Studs |
5310 | Nuts and Washers |
5315 | Nails, Keys, and Pins |
5320 | Rivets |
5325 | Fastening Devices |
5330 | Packing and Gasket Materials |
5335 | Metal Screening |
5340 | Miscellaneous Hardware |
5345 | Disks and Stones, Abrasive |
5350 | Abrasive Materials |
5355 | Knobs and Pointers |
5360 | Coil, Flat and Wire Springs |
5365 | Rings, Shims and Spacers |
5410 | Prefabricated and Portable Buildings |
5411 | Rigid Wall Shelters |
5420 | Bridges, Fixed and Floating |
5430 | Storage Tanks |
5440 | Scaffolding Equipment and Concrete Forms |
5445 | Prefabricated Tower Structures |
5450 | Miscellaneous Prefabricated Structures |
5520 | Millwork |
5530 | Plywood and Veneer |
5610 | Mineral Construction Materials, Bulk |
5620 | Building Glass, Tile, Brick, and Block |
5630 | Pipe and Conduit, Non-metallic |
0000 | Xxxxxxxxx, Xxxxxxxx Paper, and Thermal Insulation Materials |
5650 | Roofing and Siding Materials |
5660 | Fencing, Fences, and Xxxxx |
5670 | Building Components, Prefabricated |
5680 | Miscellaneous Construction Materials |
6220 | Electric Vehicular Lights and Fixtures |
6505 | Drugs, Biologicals and Official Reagents |
6510 | Surgical Dressing Materials |
6515 | Medical and Surgical Instruments, Equipment and Supplies |
7030 | Automatic Data Processing Software |
7050 | ADP Components |
7105 | Household Furniture |
7110 | Office Furniture |
7125 | Cabinets, Lockers, Bins, and Shelving |
7195 | Miscellaneous Furniture and Fixtures |
7210 | Household Furnishings |
7220 | Floor Coverings |
7230 | Draperies, Awnings, and Shades |
7240 | Household and Commercial Utility Containers |
7290 | Miscellaneous Household and Commercial Furnishings and Appliances |
7310 | Food Cooking, Baking, and Serving Equipment |
7320 | Kitchen Equipment and Appliances |
7330 | Kitchen Hand Tools and Utensils |
7340 | Cutlery and Flatware |
7350 | Tableware |
7360 | Sets, Kits, Outfits, and Modules, Food Preparation and Serving |
7520 | Office Devices and Accessories |
7530 | Stationery and Record Forms |
7910 | Floor Polishers and Vacuum Cleaning Equipment |
7920 | Brooms, Brushes, Mops, and Sponges |
7930 | Cleaning and Polishing Compounds and Preparations |
8105 | Bags and Sacks |
8110 | Drums and Cans |
9150 | Oils and Greases: Cutting, Lubricating, and Hydraulic |
9310 | Paper and Paperboard |
9320 | Rubber Fabricated Materials |
9330 | Plastics Fabricated Materials |
9340 | Glass Fabricated Materials |
9350 | Refractories and Fire Surfacing Materials |
9390 | Miscellaneous Fabricated Non-metallic Materials |
9410 | Crude Grades of Plant Materials |
9420 | Fibres: Vegetable, Animal, and Synthetic |
9430 | Miscellaneous Crude Animal Products, Inedible |
9440 | Miscellaneous Crude Agricultural and Forestry Products |
9450 | Non-metallic Scrap, Except Textile |
9610 | Ores |
9620 | Minerals, Natural and Synthetic |
9630 | Additive Metal Materials and Master Alloys |
9640 | Iron and Steel Primary and Semifinished Products |
9650 | Nonferrous Base Metal Refinery and Intermediate Forms |
9660 | Precious Metals Primary Forms |
9670 | Iron and Steel Scrap |
9680 | Nonferrous Metal Scrap |
9905 | Signs, Advertising Displays, and Identification Plates |
9910 | Jewelry |
9915 | Collectors and/or Historical Items |
9920 | Smokers' Articles and Matches |
9925 | Ecclesiastical Equipment, Furnishings, and Supplies |
9930 | Memorials; Cemeterial and Mortuary Equipment and supplies |
9999 | Miscellaneous Items |
ANNEX 2
Sub-Central Government Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 200,000 SDRs - Goods
200,000 SDRs - Services covered in Annex 4 15,000,000 SDRs - Construction covered in Annex 5
(For the first year from the effective date of the Agreement to the Separate Customs Territory of Tai wan, Penghu, Kinmen and Matsu)
10,000,000 SDRs
(For the second year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
5,000,000 SDRs
(From the third year onwards after the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
List of entities:
I. Taiwan Provincial Government
1. Secretariat, Taiwan Provincial Government
2. Petition Screening Committee, Taiwan Provincial Government
3. Regulation Committee, Taiwan Provincial Government
II. Taipei City Government
1. Department of Civil Affairs
2. Department of Finance
3. Department of Education
4. Department of Economic Development
5. Public Works Department
6. Department of Transportation
7. Department of Social Welfare
8. Department of Labor
9. Taipei City Police Department
10. Department of Health
11. Department of Environmental Protection
12. Department of Urban Development
13. Taipei City Fire Department
14. Department of Land Administration
15. Department of Urban Development
16. Department of Information and Tourism
17. Department of Military Service
18. Secretariat
19. Department of Budget, Accounting and Statistics
20. Department of Personnel
21. Department of Anti-Corruption
22. Commission of Research, Development and Evaluation
23. Commission of Urban Planning
24. Commission for Examining Petitions and Appeals
25. Commission of Laws and Regulations
26. Department of Rapid Transit Systems
27. Department of Civil Servant Development
28. Xxxxx Xxxxxxxx Xxxxxx
00. Xxxxxxxx Xxxxxxxx Xxxxxx
00. Daan District Office
31. Zhongshan District Office
32. Zhongzheng District Office
33. Datong District Office
34. Wanhua District Office
35. Wenshan District Office
36. Nangang District Office
37. Neihu District Office
38. Shilin District Office
39. Beitou District Office
III. Kaohsiung City Government
1. Bureau of Civil Affairs
2. Bureau of Finance
3. Bureau of Education
4. Department of Economic Development
5. Bureau of Public Works
6. Bureau of Social Affairs
7. Bureau of Labor Affairs
8. Bureau of Police
9. Bureau of Health
10. Bureau of Environmental Sanitation
11. Bureau of Mass Rapid Transit
12. Kaohsiung Fire Department
13. Department of Land Administration
14. Bureau of Urban Development
15. Department of Information
16. Department of Military Service
17. Research and Development Commission
18 Commission of Rules and Regulations
19. Commission for Examining Petitions and Appeals
20. Secretariat
21. Department of Budget, Accounting and Statistics
22. Department of Personnel
23. Department of Anti-Corruption
24. Bureau of Human Resource Development
25. Urban Planning Committee
26. Yanchem District Office
27. Kushan District Office
28. Zuoying District Office
29. Xxxxxx District Office
30. Sanmin District Office
31. Sinsing District Office
32. Cianjin District Office
33. Lingya District Office
34. Cianjhen District Office
35. Cijin District Office
36. Siaogang District Office
Notes to Annex 2
1. The General Notes shall apply to this Annex.
2. The above sub-central government entities include all administrative units prescribed by the pertinent organization laws of such entities.
ANNEX 3
All Other Entities which Procure in Accordance With the Provisions of this Agreement
Thresholds: 400,000 SDRs - Goods
400,000 SDR - Services covered in Annex 4 15,000,000 SDRs - Construction covered in Annex 5
(For the first year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
10,000,000 SDRs
(For the second year from the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
5,000,000 SDRs
(From the third year onwards after the effective date of the Agreement to the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu)
List of Entities:
1. Taiwan Power Company
2. Chinese Petroleum Corporation, Taiwan
3. Taiwan Sugar Corporation
4. National Taiwan University
5. National Chengchi University
6. National Taiwan Normal University
7. National Tsing Hua University
8. National Xxxxx Xxxxx University
9. National Xxxxx Xxxx University
10. National Xxxxx Xxxx University
11. National Central University
12. National Sun Yat-Sen University
13. National Xxxxx Xxxxx University
14. National Open University
15. National Taiwan Ocean University
16. National Kaohsiung Normal University
17. National Changhwa University of Education
18. National Xxxx Xxx University
19. National Xxxx Xxxx University
20. National Taiwan University of Science & Technology
21. Taipei National University of the Arts
22. National Taiwan Sport University
23. National Yunlin University of Science & Technology
24. National Pingtung University of Science & Technology
25. National Taiwan University of Arts
26. National Taipei College of Nursing
27. National Kaohsiung First University of Science & Technology
28. Taipei University of Education
29. National Hsinchu University of Education
30. National Taichung University
31. National Chiayi University
32. National University of Tainan
33. National PingTung University of Education
34. National Xxxx Xxx University (Meilun Campus)
35. National Taitung University
36. National Teipei University of Technology
37. National Kaohsiung University of Applied Sciences
38. National Formosa University
39. National Taipei College of Business
40. National Taichung Institute of Technology
41. National Kaohsiung Marine University
42. National Xxxx University
43. National Pingtung Institute of Commerce
44. National Chin-Yi University of Technology
45. Central Trust of China (for procurement on its own account) (has been merged with Bank of Taiwan)
46. China Engraving & Printing Works
47. The Central Mint of China
48. Taiwan Water Supply Corporation
49. Second Office of Ministry of Economic Affairs (for procurement on its own account)
50. National Taiwan University Hospital
51. National Xxxxx Xxxx University Hospital
52. Veterans General Hospital-Taipei
53. Veterans General Hospital-Taichung
54. Veterans General Hospital-Kaohsiung
55. Taiwan Railway Administration
56. Keelung Harbour Bureau
57. Taichung Harbour Bureau
58. Kaohsiung Harbour Bureau
59. Hualien Harbour Bureau
60. Bureau of Taipei Feitsui Reservoir Administration
61. Taipei Water Department
62. Central Police University
Notes to Annex 3
1. The General Notes shall apply to this Annex.
2. With regard to the procurement by Central Trust of China and the Second Office of Ministry of Economic Affairs for entities listed in Annexes 1, 2 and 3, the coverages and thresholds for such entities thereunder shall apply.
3. The Agreement shall not apply to the procurement by China Engraving & Printing Works of banknote printing press (intaglio) (HS. No. 8443).
ANNEX 4
Services
Of the Universal List of Services, as contained in document MTN.GNS/W/120, the following services are included (others being excluded):
GNS/W/120 | CPC | Description |
1.A.a. | 861** | Legal services (limited to qualified lawyers under the laws of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu) |
1.A.b. | 862** | Accounting, Auditing and Bookkeeping services |
1.A.c. | 863** | Taxation services (excluding income tax certification services) |
1.A.d. | 8671 | Architectural services |
1.A.e. | 8672 | Engineering services |
1.A.f. | 8673 | Integrated engineering services |
1.A.g. | 8674 | Urban planning and landscape architectural services |
1.B.a. | 841 | Consultancy services related to the installation of computer hardware |
1.B.b. | 842 | Software implementation services |
1.B.c. | 843 | Data processing services |
1.B.d. | 844 | Database services |
1.B.e. | 845 | Maintenance and repair of office machinery and equipment including computers |
849 | Other computer services | |
1.D.b. | 82203**, 82205** | Services incidental to residential and non-residential buildings and land sales agents |
1.E.b. | 83104** | Leasing or rental services concerning aircraft without operator (excluding cabotage) |
1.E.d. | 83106-83109 | Leasing or rental services concerning other machinery and equipment without operator |
GNS/W/120 | CPC | Description |
1.E.e. | 8320 | Leasing or rental services concerning personal and household goods |
1.F.a. | 871** | Advertising services (limited to TV or radio advertisements) |
1.F.b. | 864 | Market research and public opinion polling services |
1.F.c. | 865 | Management consulting services |
1.F.d. | 866** | Services relating to management consulting (excluding arbitration and conciliation services) |
1.F.e. | 8676 | Technical testing and analysis services |
1.F.f. | 88110**, 88120** 88140** | Consulting services incidental to Agriculture, Animal Husbandry and Forestry |
1.F.h. | 883, 5115 | Services incidental to mining |
1.F.i. | 884**, 885 | Services incidental to manufacturing (excluding CPC 88442 publishing and printing on a fee or contract basis) |
1.F.m. | 8675 | Related scientific and technical consulting services |
1.F.n. | 633, 8861-8866 | Maintenance and repair of equipment (excluding maritime vessel, aircraft or other transport equipment) |
1.F.o. | 874 | Building-cleaning services |
1.F.p. | 875 | Photographic services |
1.F.q. | 876 | Packaging services |
1.F.t. | 87905 | Translation and interpretation services |
1.F.s. | 87909 | Convention services |
2.B. | 7512** | Land-based international courier services |
2.C.a. | 7521** | Voice telephone services |
2.C.b. | 7523** | Packet-switched data transmission services |
2.C.c. | 7523** | Circuit-switched data transmission services |
2.C.d. | 7523** | Telex services |
2.C.e. | 7522 | Telegraph services |
GNS/W/120 | CPC | Description |
2.C.f. | 7521**, 7529** | Facsimile services |
2.C.g. | 7522**, 7523** | Private leased circuit services |
2.C.h. | 7523** | Electronic mail |
2.C.i. | 7523** | Voice mail |
2.C.j. | 7523** | On-line information and data-base retrieval |
2.C.k. | 7523** | Electronic data interchange (EDI) |
2.C.l. | 7523** | Enhanced/value-added facsimile services including store and forward, store and retrieval |
2.C.m. | 7523** | Code and protocol conversion services |
2.C.n. | 843** | On-line information and/or data processing |
2.C.o. | 75213* | Cellular mobile phone services |
2.C.o. | 7523**, 75213* | Trunked radio services |
2.C.o. | 7523** | Mobile data services |
2.C.o. | 75291* | Radio paging services |
2.D.a. | 96112 | Motion picture or video tape production services |
2.D.a. | 96113 | Motion picture or video tape distribution services |
2.D.b. | 96121 | Motion picture projection |
2.D.b. | 96122 | Video-tape projection services |
6.A. | 9401 | Sewage services |
6.B. | 9402 | Refuse disposal services |
6.C. | 9403 | Sanitation and similar services |
6.D. | Others: | |
9404 | - Cleaning services of exhaust gases | |
9405 | - Noise abatement services | |
9409 | - Other environmental protection services not elsewhere classified |
GNS/W/120 | CPC | Description |
7.A. | 812**, 814** | Insurance services |
7.B | ex 81** | Banking and Investment Services |
9.A | 64110** | Hotel lodging services |
9.A | 642 | Food serving services |
9.B. | 7471 | Travel agencies and tour operators services |
11.C.a. | 8868** | Maintenance and repair of civil aircraft |
11.E.d. | 8868** | Maintenance and repair of rail transport equipment |
11.F.d. | 6112, 8867 | Maintenance and repair of road transport equipment |
Notes to Annex 4
1. The General Notes shall apply to this Annex.
2. The symbol of asterisk (*) indicates that the service specified is a component of a more aggregated CPC item. The symbol of double asterisks (**) indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.
3. The offer in telecommunications is limited to enhanced/value-added services for the supply of which the underlying telecommunications facilities are leased from providers of public telecommunications transport networks.
4. This offer does not include:
- research and development;
- coin minting;
- all services, with reference to those goods purchased by the Ministry of National Defense which are not identified as subject to coverage by this Agreement.
5. The offer in banking and investment services does not include the following:
(a) procurements for financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments, and central bank services;
(b) acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt.
ANNEX 5
Construction Services
Definition:
A construction services contract is a contract which has as its objective the realization by whatever means of civil or building works, in the sense of Division 51 of the Central Product Classification.
List of construction services offered:
All services contained in Division 51 CPC.
Notes to Annex 5
The General Notes shall apply to this Annex.
GENERAL NOTES
1. For any particular Party whose threshold value listed for a certain coverage is higher than that listed by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, this Agreement applies only to those procurements above the higher one threshold value for such particular Party for the relevant coverage. (This note does not apply to bidders of the United States and Israel competing on goods, services and construction contracts tendered by entities identified in Annex 2.)
2. Until such time as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx has accepted that the Parties concerned provide access for the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu suppliers and service providers to their own markets, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu shall not extend the benefits of this Agreement to suppliers and service providers of the Parties concerned. A service listed in Annex 4 or construction service in Annex 5 is covered with respect to a particular Party only to the extent that such Party has provided reciprocal access to that service.
3. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.
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 goods or service component of that contract.
5. This Agreement shall not apply to contracts:
- for the acquisition or rental of land, existing buildings, other immovable property or concerning rights thereon;
- for the acquisition, development, production or co-production of programme materials by broadcasters and contracts for broadcasting time;
- contract of employment.
6. This Agreement shall not apply to:
- contracts awarded under an international agreement and intended for the joint implementation or exploitation of a project;
- contracts awarded under the particular procedure of an international organization;
- procurement made with a view to resale or to using in the production of supplies or services for sale;
- procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes;
- procurement of the following goods and services (including construction) relating to the electricity and transport projects.
Exclusions regarding electricity (goods)
HS 8402 | Steam or other vapour generating boilers | ||||
HS 8404 | Auxiliary plant for use with boilers | ||||
HS 8410 | Hydraulic turbines, water wheels, and regulators | ||||
HS 8501 | Electric motors and generators | ||||
HS 8502 | Electric generating sets | ||||
HS 8504 | Electrical transformers and converters | ||||
HS 8532 | Power capacitors | ||||
HS 8535 | Electrical switches, breakers, switch-gears 1,000 volts) | (for | a | voltage | exceeding |
HS 8536 Electrical switches, breakers, switch-gears (for a voltage not exceeding 1,000 volts) | |||||
HS 8537 | switch boards, controller panels | ||||
HS 8544 | Power cables (including optical fibre cables) | ||||
HS 9028 | Electricity supply meter |
- Notwithstanding the above, this Agreement shall apply to the procurement of HS codes 8402, 8404, 8410, 8501 (electric motors with capacity of 22 megawatts or greater, electric
generators with capacity of 50 megawatts or greater)*, 850164, 8502, 8504 (electrical transformers and static converters, with capacity of 1 to 600 megawatts)*, and 8544 (cable related to telecommunications applications) for the goods and suppliers of the United States; the European Communities; Japan; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
* Coverage to be effective two years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO.
- Notwithstanding the above, this Agreement shall apply to the procurement of HS codes 8402, 8404, 8410, 850164 and 8502 for the goods and suppliers of Korea.
Exclusions regarding electricity (services and constructions)
CPC 51340 | Power transmission line construction work |
CPC 51360 | Power plant and substation construction work |
CPC 51649 | Power transmission and distribution automation system construction work |
CPC 52262 | Power plant construction engineering work |
CPC 86724 | Power transmission, distribution and substation engineering design services |
CPC 86725 | Power plant engineering design services) |
CPC 86726 Power transmission and distribution automation system engineering design services | |
CPC 86739 Integrated engineering services for power transmission and distribution turnkey projects |
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC codes 51340, 51360 and 51649 for the service providers of Korea; the European Communities; Japan; the United States; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC code 52262 for the service providers of Korea; the European Communities; the United States; Switzerland; Canada; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
- Notwithstanding the above, this Agreement shall apply to the procurement of CPC codes 86724, 86725, 86726 and 86739 for the services providers of the United States; Canada; Korea; the European Communities; Japan; Switzerland; Norway; Iceland; Hong Kong, China; Singapore; and Israel.
Exclusions regarding transport
HS 8601 Rail locomotives, powered from an external source of electricity or by electric accumulators |
HS 8603 Self-propelled railway or trainway, coaches, vans and trucks, other than those of heading. |
HS 8605 Railway or trainway passenger coaches, not self-propelled, luggage van, post office coaches and other special purpose railway or trainway coaches, not self-propelled |
HS 8607 Parts of railway or trainway locomotives or rolling stock |
HS 8608 Railway or trainway track fixtures and fittings, mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, roads, inland waterways, parking facility, port installations or airfields, parts of the foregoing |
- Notwithstanding the above, this Agreement shall apply to the procurement of HS code 8608 for the goods and suppliers of the United States; Canada; the European Communities; Japan; Switzerland; Norway; Iceland; Hong Kong, China; Singapore; and Israel, effective two years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO.
- Notwithstanding the above, this Agreement shall apply to the procurement of HS code 8601, 8603, 8605 and 8607 for the goods and suppliers of Canada; the European Communities; Japan; Norway; Iceland; Hong Kong, China; Singapore; and Israel. For a period of 10 years from the date of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Xxxxx'x accession to the WTO, up to 50 per cent of the procurement amount can be used by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu for offset purposes.
7. 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.
8. Procurement in terms of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu's coverage does not include non-contractual agreements or any form of government assistance, including, but not limited to, cooperative agreements, grants, loans, guarantees, fiscal incentives, and governmental provision of goods and services to persons or governmental authorities not specifically covered under the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu's Annexes to this Agreement.
9. The provision of services, including construction services, in the context of procurement procedures according to this Agreement is subject to the conditions and qualifications for market access and national treatment as will be required by the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu in conformity with commitments under GATS.
10. When a specific procurement may impair important national policy objectives, the Government of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu may consider it necessary in particular procurement cases to deviate from the principle of national treatment of the Agreement. A decision to this effect will be made by the Executive Xxxx. This Note shall only be applied to Finland, Norway and Sweden under the condition that they maintain the similar note to their Annexes.
11. This Agreement shall not apply to procurements in respect of national security exceptions including procurements made in support of safeguarding nuclear materials, radwaste management, or technology.
12. The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu will accede to the Agreement at the time it accedes to the WTO.
APPENDIX II
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF NOTICES OF INTENDED PROCUREMENTS - PARAGRAPH 1 OF ARTICLE IX, AND OF POST-AWARD NOTICES – PARAGRAPH 1 OF ARTICLE XVIII
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Procurement Gazette
Government Procurement Information System (xxxx://xxx.xxx.xxx.xx)
APPENDIX III
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION ANNUALLY OF INFORMATION ON PERMANENT LISTS OF QUALIFIED SUPPLIERS IN THE CASE OF SELECTIVE TENDERING PROCEDURES - PARAGRAPH 9 OF ARTICLE IX
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Procurement Gazette
Government Procurement Information System (xxxx://xxx.xxx.xxx.xx)
APPENDIX IV
PUBLICATIONS UTILIZED BY PARTIES FOR THE PUBLICATION OF LAWS, REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL APPLICATION AND ANY PROCEDURE REGARDING GOVERNMENT PROCUREMENT COVEDED BY THIS AGREEMENT – PARAGRAPH 1 OF ARTICLE XIX
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU
Government Gazette
Public Construction Commission (xxxx://xxx.xxx.xxx.xx) Judicial decisions (xxxx://xxx.xxxxxxxx.xxx.xx)