ADHESIÓN DE LA EX REPÚBLICA YUGOSLAVA DE MACEDONIA AL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
RESTRICTED GPA/ACC/MKD/4
28 de febrero de 2018
(18-1282) Página: 1/22
Comité de Contratación Pública Original: inglés
ADHESIÓN DE LA EX REPÚBLICA YUGOSLAVA DE MACEDONIA AL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
OFERTA INICIAL
La siguiente comunicación, de fecha 26 de febrero de 2018, se distribuye a petición de la delegación de la ex República Yugoslava de Macedonia.
Estimado Sr./Xxxxxxxx Xxx.:
En nombre del Gobierno de la República de Macedonia, el Ministerio de Economía de la República de Macedonia tiene el honor de presentar la siguiente oferta inicial para el Apéndice I a fin de que las Partes en el Acuerdo sobre Contratación Pública de la Organización Mundial del Comercio la examinen: Anexo 1 - Lista de las entidades del Gobierno central; Anexo 2 - Lista de las entidades de los gobiernos subcentrales; Anexo 3 - Otras entidades; Anexo 4 - Mercancías; Anexo 5 - Servicios; Anexo 6 - Servicios de construcción; y Anexo 7 - Notas generales.
Esta oferta se entiende sin perjuicio y a reserva de la presentación por las otras Partes de ofertas comparables en materia de acceso a los mercados.
La República de Macedonia se reserva el derecho de retirar, modificar o reducir la presente oferta, total o parcialmente, en cualquier momento antes de la conclusión de las negociaciones de adhesión. La República de Macedonia se reserva también el derecho de corregir errores u omisiones.
El Ministerio de Economía de la República de Macedonia aprovecha la ocasión para reiterar el testimonio de su consideración más distinguida.
Atentamente, El MINISTRO
Xx. Xxxxxxxx Xxxxxxxx
OFERTA INICIAL APÉNDICE I∗ Republic of Macedonia
(Authentic in the English Language)
ANNEX 1
CENTRAL GOVERNMENT ENTITIES
Thresholds:
Goods SDR 130,000
Services SDR 130,000
Construction Services SDR 5,000,000
List of Entities:
1. General Secretariat of the Government of the Republic of Macedonia;
2. Secretariat of the Government of the Republic of Macedonia for European Affairs;
3. Legislative Secretariat of the Government of the Republic of Macedonia;
4. Secretariat of the Government of the Republic of Macedonia for Implementation of Ohrid Framework Agreement;
5. Common Services Agency of the Government of the Republic of Macedonia;
6. Ministry of Internal Affairs;
7. Ministry of Economy;
8. Ministry of Environment and Physical Planning;
9. Ministry of Health;
10. Ministry of Agriculture, Forestry and Water Economy;
11. Ministry of Information Society and Administration;
12. Ministry of Culture;
13. Ministry of Local Government;
14. Ministry of Foreign Affairs;
15. Ministry of Education and Science;
16. Ministry of Defence;
17. Ministry of Justice;
18. Ministry of Transport and Communications;
19. Ministry of Labour and Social Policy;
20. Ministry of Finance;
21. Public Procurement Bureau;
22. Financial Police;
23. Financial Intelligence Office;
24. Customs Administration;
25. Public Revenue Office;
26. Office for Execution of Sanctions;
27. Bureau for Representing the Republic of Macedonia before the European Court of Human Rights;
28. Metrology Bureau;
29. Education Development Bureau;
30. Regional Development Bureau;
31. Court Expertise Bureau;
∗ En inglés solamente.
32. Agency for Quality and Accreditation of Healthcare Institutions;
33. Agency for Pharmaceuticals and Medical Devices;
34. Administration Agency;
35. Emigration Agency of the Republic of Macedonia;
36. Youth and Sports Agency;
37. Agency for Exercising the Rights of Communities;
38. Agency for Promotion of Entrepreneurship of the Republic of Macedonia;
39. Agency for Agriculture Development Promotion;
40. Agency for Tourism Promotion and Development;
41. Intelligence Agency of the Republic of Macedonia;
42. Commodity Reserves Agency;
43. Agency for Foreign Investments and Export Promotion of the Republic of Macedonia;
44. Agency for Managing Confiscated Property;
45. Agency for Financial Support of Agriculture and Rural Development;
46. Geological Institute of the Republic of Macedonia;
47. Directorate for Security of Classified Information;
48. Directorate for Compulsory Reserves of Oil and Oil Derivatives;
49. Protection and Rescue Directorate;
50. Directorate for Personal Data Protection;
51. Radiation Safety Directorate;
52. State Archives of the Republic of Macedonia;
53. State Foreign Exchange Inspectorate;
54. State Authority for Geodetic Works;
55. State Industrial Property Bureau;
56. State Audit Office;
57. State Statistical Office;
58. State Construction and Urbanism Inspectorate of the Republic of Macedonia;
59. State Transportation Inspectorate;
60. State Environment Inspectorate;
61. State Agriculture Inspectorate;
62. State Technical Inspection Inspectorate;
63. State Labour Inspectorate;
64. State Forestry and Hunting Inspectorate;
65. State Examination Centar;
66. State Utilities Inspectorate;
67. State Market Inspectorate;
68. State Education Inspectorate;
69. State Sanitary and Health Inspectorate;
70. State Administrative Inspectorate;
71. State Election Commission;
72. State Commission on Second-Instance Decision Making in the field of Inspection Supervision and Misdemeanour Proceedings;
73. State Commission on Decision Making in the field of Administrative Procedure and Second- Instance Decision Making in the field of Employment Procedure;
74. State Anti-Corruption Commission;
75. State Attorney's Office;
76. Inspectorates Council;
77. Data Verification Commission;
78. Commission for Protection of the Right to Free Access to Public Information;
79. Commission for Affairs with Religious Communities and Groups;
80. Assembly of the Republic of Macedonia;
81. President of the Republic of Macedonia;
82. Audit Authority for Audit of Instrument for Pre-Accession Assistance;
83. Housing Regulatory Commission;
84. Public Procurement Council;
85. Office for Keeping Vital Statistics;
86. Cultural Heritage Protection Office;
87. Hydro Meteorological Administration;
88. Crisis Management Centar;
89. First Instance Courts;
90. Courts of Appeals;
91. Supreme Court of the Republic of Macedonia;
92. Administrative Court;
93. Higher Administrative Court;
94. Constitutional Court of the Republic of Macedonia;
95. Public Prosecutor's Office for Prosecuting Criminal Offences Related to and Arising from the Contents of Illegally Intercepted Communications;
96. Public Prosecutor's Office of the Republic of Macedonia;
97. Council of Public Prosecutors of the Republic of Macedonia;
98. Judicial Council of the Republic of Macedonia;
99. Academy of Judges And Public Prosecutors "Xxxxx Xxxxx";
100. Ombudsman's Office.
1. The following shall not be considered as covered procurement:
a. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;
b. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered by this Agreement in regard of suppliers and services providers from the United States and Canada;
until such time as the Republic of Macedonia has accepted that the Parties concerned provide satisfactory reciprocal access for the Macedonian goods, suppliers, services and service providers to their own procurement markets.
2. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of Macedonian law, until such time as the Republic of Macedonia accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.
3. "Central Government Entities" covers also any subordinated entity of any contracting authority of the Republic of Macedonia provided it does not have separate legal personality.
4. As far as procurement by entities in the field of defence and security is concerned, only non-sensitive and non-warlike materials contained in the list attached to Annex 4 are covered.
ANNEX 2
SUB-CENTRAL GOVERNMENT ENTITIES
Thresholds:
Goods SDR 200,000
Services SDR 200,000
Construction Services SDR 5,000,000
List of Entities:
1. All regional or local contracting authorities.
a. For the purposes of the Agreement, "Regional contracting authorities" shall be understood as the planning regions listed under NTES 3, as referred to by the NTES Decision.1
b. For the purposes of the Agreement, "Local contracting authorities" shall be understood as contracting authorities of the territorial units falling under NTES 4 and smaller territorial units, as referred to by the NTES Decision.
2. All contracting authorities which are bodies governed by public law.
a. A "body governed by public law" means any body:
i. established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; and
ii. having legal personality; and
iii. financed, for the most part, by the State, or regional or local authorities, or other bodies governed by public law, or subject to management supervision by those bodies, or having an administrative, managerial or supervisory board; more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law.
b. An indicative list of contracting authorities which are bodies governed by public law follows.
1 Decision of the Government on the establishment of the Nomenclature of Territorial Units for Statistics
– NTES (Official Gazette of the Republic of Macedonia no. 158/07 and 10/14).
INDICATIVE LIST OF CONTRACTING AUTHORITIES IN THE REPUBLIC OF MACEDONIA WHICH ARE BODIES GOVERNED BY PUBLIC LAW
1. Agency for National Roads;
2. Employment Agency of the Republic of Macedonia;
3. Electronic Communications Agency;
4. Energy Agency;
5. Cadastre Agency;
6. Spatial Planning Agency;
7. Postal Regulatory Agency;
8. Railroads Regulatory Agency;
9. Energy Regulatory Commission;
10. Agency for Supervision of Capitally-Financed Pension Insurance;
11. Insurance Supervision Agency;
12. Audio and Audio-Visual Media Services Agency;
13. Agency for Movies;
14. Civil Aviation Agency;
15. Food and Veterinary Agency;
16. Accreditation Institute of the Republic of Macedonia;
17. Standardization Institute of the Republic of Macedonia;
18. Directorate for Technological Industrial Development Zones;
19. Health Insurance Fund;
20. Pension and Disability Insurance Fund;
21. Fund for Innovations and Technological Development;
22. Deposit Insurance Fund;
23. Waters Fund;
24. National Bank of the Republic of Macedonia;
25. Central Registry of the Republic of Macedonia;
26. Competition Protection Commission;
27. Commission for Prevention of Corruption;
28. Securities and Exchange Commission;
29. Centres for regional development;
30. Public institutions in the area of healthcare;
31. Public institutions in the area of child care;
32. Public institutions in the area of social care;
33. Public institutions in the area of education (primary, secondary and tertiary) and science;
34. Public institutions in the area of culture;
35. Correctional facilities;
36. Public enterprises established by the Republic of Macedonia or the units of the local government and the city of Skopje so as to carry out an activity of public interest other than water supply, energy, transport and postal services;
37. Other legal entities established for a specific purpose, to fulfill the needs of public interest other than those of industrial and commercial nature, which are largely financed by the Procuring Entities referred to in Article 4 paragraph 1 item a) of the Public Procurement Law or by such legal entities, or are subject to control in the operations by the Procuring Entities referred to in Article 4 paragraph 1 item a) of the Public Procurement Law or such legal entities, or where more than half of the members of the management or supervisory board have been appointed by the Procuring entities referred to in Article 4 paragraph 1 item a) of the Public Procurement Law or such legal entities.
1. The following shall not be considered as covered procurement:
a. procurement by procuring entities covered under this Annex in regard of suppliers, services and service providers from the United States;
b. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;
c. procurement by cities-regions listed under NTES 3, local procuring entities and bodies governed by public law covered under this Annex in regard of goods, services, suppliers and service providers from Canada;
d. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered by this Agreement in regard of suppliers and service providers from the United States and Canada;
e. procurement between SDR 200,000 and SDR 355,000 by procuring entities covered under this Annex of goods and services for suppliers and service providers from Canada;
f. procurement by local contracting authorities (contracting authorities of administrative units listed under NTES 4 and smaller territorial units, as referred to by the NTES Decision (as amended)) in regard of goods, services, suppliers and service providers from New Zealand;
g. procurement by regional contracting authorities listed under NTES 3, as referred to by the NTES Decision (as amended), in regard of goods, services, suppliers and service providers from New Zealand, unless their procurement is covered under Annex 3;
until such time as the Republic of Macedonia has accepted that the Parties concerned provide satisfactory reciprocal access to Macedonian goods, suppliers, services and service providers to their own procurement markets.
2. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of Macedonian law, until such time as the Republic of Macedonia accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.
3. The provisions of Article XVIII shall not apply to Japan and Korea in contesting the award of contracts by entities listed under Annex 2 paragraph 2, until such time as the Republic of Macedonia accepts that they have completed coverage of sub-central entities.
4. The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by Macedonian entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.
ANNEX 3
OTHER ENTITIES
Thresholds:
Goods SDR 400,000
Services SDR 400,000
Construction Services SDR 5,000,000
List of Entities:
1. All contracting entities whose procurement is covered by the public procurement legislation of the Republic of Macedonia which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings1 and which have as one of their activities any of those referred to below or any combination thereof:
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;
b. the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;
c. the provision of airport or other terminal facilities to carriers by air;
d. the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;
e. the provision or operation of networks2 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable;
f. the provision or operation of networks providing a service to the public in the field of transport by railways.3
2. An indicative list of contracting authorities and public undertakings fulfilling the criteria set out above follows.
1 A public undertaking is any undertaking over which the contracting 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 contracting 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, or
ii. control the majority of the votes attaching to shares issued by the undertaking, or
iii. can appoint more than half of the undertaking's administrative, management or supervisory body.
2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of the Republic of Macedonia, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.
3 E.g. the provision or operation of networks (within the meaning of footnote 4) providing a service to the public in the field of transport by high-speed or conventional trains.
INDICATIVE LIST OF THE REPUBLIC OF MACEDONIA'S CONTRACTING AUTHORITIES AND PUBLIC UNDERTAKINGS FULFILLING THE CRITERIA LAID DOWN UNDER ANNEX 3
1. AD "Elektrani na Makedonija" joint stock company for electricity generation, owned by the state, and its subsidiaries;
2. AD "TEC Negotino" joint stock company for electricity generation, owned by the state;
3. AD "MEPSO" joint stock company for electricity transmission and energy and electricity system management, owned by the state;
4. AD "Makedonski energetski resursi" joint stock company for energy-related activities;
5. AD "GA-MA" joint stock company for transmission of natural gas;
6. Public enterprise foe energy-related activities "Strumica-Gas" Strumica;
7. AD "MZT Energetika" joint stock company;
8. "Naftovod" DOOEL Skopje;
9. Public enterprise „Vodovod i kanalizacija" – Skopje, and other public enterprises in the area of water supply and/or sewage management;
10. Public enterprise „Strezevo" – Bitola;
11. Public enterprise forWater Management of the Republic of Macedonia, and other public enterprises for water management;
12. Public traffic enterprise "JSP Skopje" – Skopje;
13. Public enterprise "MZ Transport";
14. Public utility company „Vodovod" for production, supply and distribution of geothermal energy – Kocani;
15. Public enterprise for airport services „Makedonija";
16. AD Macedonian Posts joint stock company – Skopje;
17. and other public utility enterprises performing activities in the area of water supply, joint- stock companies and limited liability companies in the area of energy, transport and postal services.
1. Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.
2. This Agreement does not cover procurement by procuring entities included in this Annex:
a. for the purchase of water and for the supply of energy or of fuels for the production of energy;
b. for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities in a non-EEA country;
c. for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.
3. The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of paragraphs a. or b. of this Annex where:
a. the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs a. to f. of this Annex; and
b. supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.
4. I. Provided that the conditions in paragraph II are met, this Agreement does not cover procurement:
a. by a procuring entity to an affiliated undertaking4, or
b. by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs a. to f. of this Annex, to an undertaking which is affiliated with one of these procuring entities.
II. Paragraph I shall apply to services or supplies contracts provided that at least 80% of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated.5
5. This Agreement does not cover procurement:
a. by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs a. to f. of this Annex, to one of these procuring entities, or
b. by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.
6. The following shall not be considered as covered procurement:
a. procurement by procuring entities operating in the fields of:
i. production, transport or distribution of drinking water covered under this Annex;
ii. production, transport or distribution of electricity covered under this Annex;
iii. airport facilities covered under this Annex;
iv. maritime or inland port or other terminal facilities covered under this Annex; and
v. urban railway, tramway, trolley bus or bus services covered under this Annex in regard of supplies, services, suppliers and service providers from Canada;
b. procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers from the United States;
c. procurement by procuring entities operating in the field of maritime or inland port or other terminal facilities covered under this Annex of dredging services or related to shipbuilding in regard of suppliers and service providers from the United States;
d. procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;
4 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
5 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.
e. procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of suppliers and service providers from the United States and Korea;
f. procurement by procuring entities operating in the field of urban railway, tramway, trolleybus or bus services covered under this Annex in regard of suppliers and service providers from the United States;
g. procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;
h. procurement by procuring entities operating in the field of railways covered under this Annex in regard of goods, suppliers, services and service providers from Armenia; Canada; Japan; the United States; Hong Kong, China; Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;
i. procurement by procuring entities operating in the field of high-speed railways and high- speed railways infrastructure in regard of goods, suppliers, services and service providers from Korea;
j. procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered procurement in regard of suppliers and service providers from the United States;
k. procurement by procuring entities operating in the field of production, transport or distribution of electricity covered under this Annex in regard of suppliers and services providers from Japan;
l. procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos. 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in regard of suppliers from Korea;
m. procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos. 85012099, 85015299, 85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in regard of suppliers from Israel;
n. procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel;
o. procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of supplies, services and service providers from New Zealand;
p. procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;
q. procurement by procuring entities operating in the field of the provision of inland port or other terminal facilities covered under this Annex in regard of supplies, services, and service providers from New Zealand;
r. procurement by regional or local contracting authorities operating in the fields covered by this Annex, in regard of supplies, services, and service providers from New Zealand, with the exception of procurement by regional contracting authorities listed under NTES
3 (as referred to in the NTES Decision6), operating in the field of transport by urban railway, automatic systems, tramway, trolley bus, bus and cable;
6 Decision of the Government on the establishment of the Nomenclature of Territorial Units for Statistics
– NTES (Official Gazette of the Republic of Macedonia no. 158/07 and 10/14).
until such time, the Republic of Macedonia has accepted that the Parties concerned provide satisfactory reciprocal access to Macedonian goods, suppliers, services and service providers to their own procurement markets.
7. The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of Macedonian law, until such time as the Republic of Macedonia accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.
The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by Macedonian entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.
8. The following shall not be considered as covered procurement:
a. procurement by procuring entities operating in the field of urban transport covered under this Annex of the following goods and services:
i. H.S. 44.06 Railway or tramway sleepers of (cross-ties) xxxx;
ii. H.S. 68.10 Railway or tramway sleepers of concrete and concrete guide-track sections for hover trains;
iii. H.S. 73.02 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails;
iv. H.S. 85.30.10 Electrical signalling, safety or traffic control equipment for railways, tramways;
v. H.S. Chapter 86 - Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds;
vi. Construction work for civil engineering for railways falling under CPC prov. 51310 (Construction work for civil engineering for highways (except elevated highways), streets, roads, railways and airfield runways);
vii. Construction work for civil engineering for railway tunnels and subways falling under CPC prov. 51320 (Construction work for civil engineering for bridges, elevated highways, tunnels and subways);
viii. Repair and maintenance services of locomotives (including reconditioning), rolling stock (including reconditioning), railway tracks, traffic signals and installation services of railway engines falling under CPC prov. 88680 (Repair services of other transport equipment, on a fee or contract basis);
in regard of suppliers and service providers from Japan,
until such time as the Republic of Macedonia has accepted that Japan has fully open its procurement of urban transport to Macedonian suppliers, supplies, service providers and services.
ANNEX 4
GOODS
1. This Agreement covers the procurement of all goods procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this Agreement.
2. This Agreement covers only the goods that are described in the Chapters of the Combined Nomenclature (CN) specified below and that are procured by the Ministry of Defence and Agencies for defence or security activities in the Republic of Macedonia:
Description | ||
1. | Chapter 25: | Salt, sulphur, earths and xxxxx, plastering materials, lime and cement; |
2. | Chapter 26: | Metallic ores, slag and ash; |
3. | Chapter 27: | Mineral fuels, mineral oils and products of their distillation, |
a. | ex 27.10: | bituminous substances, mineral waxes, except: special engine fuels. |
4. a. | Chapter 28: ex 28.09: | Inorganic chemicals, organic and inorganic compounds of precious metals, of rare-earth metals, of radio-active elements and isotopes, except: explosives; |
b. | ex 28.13: | explosives; |
c. | ex 28.14: | tear gas; |
d. | ex 28.28: | explosives; |
e. | ex 28.32: | explosives; |
f. | ex 28.39: | explosives; |
g. | ex 28.50: | toxic products; |
h. | ex 28.51: | toxic products; |
i. | ex 28.54: | explosives. |
5. | Chapter 29: | Organic chemicals, except: |
a. | ex 29.03: | explosives; |
b. | ex 29.04: | explosives; |
c. | ex 29.07: | explosives; |
d. | ex 29.08: | explosives; |
e. | ex 29.11: | explosives; |
f. | ex 29.12: | explosives; |
g. | ex 29.13: | toxic products; |
h. | ex 29.14: | toxic products; |
i. | ex 29.15: | toxic products; |
j. | ex 29.21: | toxic products; |
k. | ex 29.22: | toxic products; |
l. | ex 29.23: | toxic products; |
m. | ex 29.26: | explosives; |
n. | ex 29.27: | toxic products; |
o. | ex 29.29: | explosives. |
6. | Chapter 30: | Pharmaceutical products; |
7. | Chapter 31: | Fertilizers; |
8. | Chapter 32: | Xxxxxxx and dyeing extracts, tannings and their derivatives, dyes, colours, paints and varnishes, putty, fillers and stoppings, inks; |
9. | Chapter 33: | Essential oils and resinoids, perfumery, cosmetic or toilet preparations; |
Description | ||
10. | Chapter 34: | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar articles, modelling pastes and "dental waxes"; |
11. | Chapter 35: | Albuminoidal substances, glues, enzymes; |
12. | Chapter 37: | Photographic and cinematographic goods; |
13. | Chapter 38: | Miscellaneous chemical products, except: |
a. | ex 38.19: | toxic products. |
14. | Chapter 39: | Artificial resins and plastic materials, cellulose esters and |
a. | ex 39.03: | ethers, articles thereof, except: explosives. |
15. | Chapter 40: | Rubber, synthetic rubber, factice, and articles thereof, |
a. | ex 40.11: | except: bullet-proof tyres. |
16. | Chapter 41: | Raw hides and skins (other than fur skins) and leather; |
17. | Chapter 42: | Articles of leather, saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silk-worm gut); |
18. | Chapter 43: | Furskins and artificial fur, manufactures thereof; |
19. | Chapter 44: | Xxxx and articles of xxxx, xxxx charcoal; |
20. | Chapter 45: | Cork and articles of cork; |
21. | Chapter 46: | Manufactures of straw of esparto and of other plaiting materials, basket ware and wickerwork; |
22. | Chapter 47: | Paper-making material; |
23. | Chapter 48: | Paper and paperboard, articles of paper pulp, of paper or of paperboard; |
24. | Chapter 49: | Printed books, newspapers, pictures and other products of the printing industry, manuscripts, typescripts and plans; |
25. | Chapter 65: | Headgear and parts thereof; |
26. | Chapter 66: | Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof; |
27. | Chapter 67: | Prepared feathers and down and articles made of feathers or of down, artificial flowers, articles of human hair; |
28. | Chapter 68: | Articles of xxxxx, of plaster, of cement, of asbestos, of mica and of similar materials; |
29. | Chapter 69: | Ceramic products; |
30. | Chapter 70: | Glass and glassware; |
31. | Chapter 71: | Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery; |
32. | Chapter 73: | Iron and steel and articles thereof; |
33. | Chapter 74: | Copper and articles thereof; |
34. | Chapter 75: | Nickel and articles thereof; |
35. | Chapter 76: | Aluminium and articles thereof; |
36. | Chapter 77: | Magnesium and beryllium and articles thereof; |
37. | Chapter 78: | Lead and articles thereof; |
38. | Chapter 79: | Zinc and articles thereof; |
39. | Chapter 80: | Tin and articles thereof; |
CN Chapter Description
40. Chapter 81: Other base metals employed in metallurgy and articles thereof;
41. Chapter 82: Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, except:
a. ex 82.05: tools;
b. ex 82.07: tools, parts.
42. Chapter 83: Miscellaneous articles of base metal;
43. Chapter 84: Boilers, machinery and mechanical appliances, parts thereof,
except:
a. ex 84.06: engines;
b. ex 84.08: other engines;
c. ex 84.45: machinery;
d. ex 84.53: automatic data-processing machines;
e. ex 84.55: parts of machines under heading No 84.53;
f. ex 84.59: nuclear reactors.
44. Chapter 85: Electrical machinery and equipment, parts thereof, except:
a. ex 85.13: telecommunication equipment;
b. ex 85.15: transmission apparatus.
45. Chapter 86: Railway and tramway locomotives, rolling-stock and parts thereof; railway and tramway tracks fixtures and fittings, traffic signalling equipment of all kinds (not electrically powered), except:
a. ex 86.02: armoured locomotives, electric;
b. ex 86.03: other armoured locomotives;
c. ex 86.05: armoured wagons;
d. ex 86.06: repair wagons;
e. ex 86.07: wagons.
46. Chapter 87: Vehicles, other than railway or tramway rolling-stock, and parts thereof, except:
a. ex 87.08: tanks and other armoured vehicles;
b. ex 87.01: tractors;
c. ex 87.02: military vehicles;
d. ex 87.03: breakdown lorries;
e. ex 87.09: motorcycles;
f. ex 87.14: trailers.
47. Chapter 89: Ships, boats and floating structures, except:
a. ex 89.01 A: warships.
48. Chapter 90: Optical, photographic, cinematographic, measuring, checking,
precision, medical and surgical instruments and apparatus, parts thereof, except:
a. ex 90.05: binoculars;
b. ex 90.13: miscellaneous instruments, lasers;
c. ex 90.14: telemeters;
d. ex 90.28: electrical and electronic measuring instruments;
e. ex 90.11: microscopes;
f. ex 90.17: medical instruments;
g. ex 90.18: mechano-therapy appliances;
h. ex 90.19: orthopaedic appliances;
i. ex 90.20: X-ray apparatus.
49. Chapter 91: Manufacture of watches and clocks;
50. Chapter 92: Musical instruments, sound recorders or reproducers, television image and sound recorders or reproducers, parts and accessories of such articles;
51. Chapter 94: Furniture and parts thereof, bedding, mattresses, mattress
supports, cushions and similar stuffed furnishings, except:
a. ex 94.01 A: aircraft seats.
Description | ||
52. | Chapter 95: | Articles and manufactures of carving or moulding material; |
53. | Chapter 96: | Brooms, brushes, powder-puffs and sieves; |
54. | Chapter 98: | Miscellaneous manufactured articles. |
ANNEX 5
SERVICES
This Agreement covers the following services, which are identified in accordance with the United Nations Provisional Central Product Classification (CPC Prov.) as contained in document MTN.GNS/W/1201:
Description CPC Prov. Reference No.
1. Maintenance and repair services 6112, 6122, 633,
886
2. Land transport services, 712 (except 71235), including armoured car 7512, 87304 services, and courier
services, except transport of mail
3. Air transport services of 73 (except 7321) passengers and freight,
except transport of mail
4. Transport of mail by land, 71235, 7321 except rail, and by air
5. Telecommunications services 752
6. Financial services
a. Insurance services ex 81
b. Banking and investments 812, 814 services2
7. Computer and related services 84
8. Accounting, auditing and 862
bookkeeping services
9. Market research and public opinion 864
polling services
10. Management consulting services 865, 8663 and related services
11. Architectural services; 867
engineering services
and integrated engineering services, urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services
12. Advertising services 871
13. Building-cleaning services and 874, property management services 82201-82206
14. Publishing and printing services 88442
on a fee or contract basis
1 Except for services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision.
2 Except for the procurement or acquisition of fiscal agency or depository services, liquidation, and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities.
3 Except arbitration and conciliation services.
CPC Prov. Reference No. | ||
15. | 94 |
Note to Annex 5
Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the services covered under this Annex is a covered procurement in regard of a particular Party's provider of service only to the extent that such Party has covered that service under its Annex 5.
ANNEX 6
CONSTRUCTION SERVICES
List of Construction Services (Division 51, CPC Prov.):
1 CONSTRUCTION SERVICES
All services listed in Division 51.
2 WORKS CONCESSIONS
Works concessions contracts, when awarded by Annex 1 and 2 entities, are included under the national treatment regime for the construction service providers of the EU, Iceland, Liechtenstein, Norway, the Netherlands on behalf of Aruba, Switzerland and Montenegro, provided their value equals or exceeds SDR 5,000,000 and for the construction service providers of Korea; provided their value equals or exceeds SDR 15,000,000.
Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the construction services covered under this Annex is a covered procurement in regard of a particular Party's provider of service only to the extent that such Party has covered that service under its Annex 6.
LIST OF DIVISION 51, CPC PROV.
Group | Class | Subclass | Title | Corresponding ISCI |
SECTION 5 | CONSTRUCTION WORK AND CONSTRUCTIONS: LAND | |||
DIVISION 51 | CONSTRUCTION WORK | |||
511 | Pre-erection work at construction sites | |||
5111 | 51110 | Site investigation work | 4510 | |
5112 | 51120 | Demolition work | 4510 | |
5113 | 51130 | Site formation and clearance work | 4510 | |
5114 | 51140 | Excavating and earthmoving work | 4510 | |
5115 | 51150 | Site preparation work for mining | 4510 | |
5116 | 51160 | Scaffolding work | 4520 | |
512 | Construction work for buildings | |||
5121 | 51210 | For one- and two-dwelling buildings | 4520 | |
5122 | 51220 | For multi-dwelling buildings | 4520 | |
5123 | 51230 | For warehouses and industrial buildings | 4520 | |
5124 | 51240 | For commercial buildings | 4520 | |
5125 | 51250 | For public entertainment buildings | 4520 | |
5126 | 51260 | For hotel, restaurant and similar buildings | 4520 | |
5127 | 51270 | For educational buildings | 4520 | |
5128 | 51280 | For health buildings | 4520 | |
5129 | 51290 | For other buildings | 4520 | |
513 | Construction work for civil engineering | |||
5131 | 51310 | For highways (except elevated highways), street, roads, railways and airfield runways | 4520 | |
5132 | 51320 | For bridges, elevated highways, tunnels and subways | 4520 | |
5133 | 51330 | For waterways, harbours, dams and other water works | 4520 | |
5134 | 51340 | For long distance pipelines, communication and power lines (cables) | 4520 | |
5135 | 51350 | For local pipelines and cables; ancillary works | 4520 | |
5136 | 51360 | For constructions for mining and manufacturing | 4520 | |
5137 | For constructions for sport and recreation | |||
51371 | For stadia and sports grounds | 4520 | ||
51372 | For other sport and recreation installations (e.g. swimming pools, tennis courts, golf courses) | 4520 | ||
5139 | 51390 | For engineering works n.e.c. | 4520 | |
514 | 5140 | 51400 | Assembly and erection of prefabricated constructions | 4520 |
515 | Special trade construction work | |||
5151 | 51510 | Foundation work, including pile driving | 4520 | |
5152 | 51520 | Water well drilling | 4520 | |
5153 | 51530 | Roofing and water proofing | 4520 | |
5154 | 51540 | Concrete work | 4520 | |
5155 | 51550 | Steel bending and erection (including welding) | 4520 | |
5156 | 51560 | Masonry work | 4520 | |
5159 | 51590 | Other special trade construction work | 4520 | |
516 | Installation work | |||
5161 | 51610 | Heating, ventilation and air conditioning work | 4530 | |
5162 | 51620 | Water plumbing and drain laying work | 4530 | |
5163 | 51630 | Gas fitting construction work | 4530 | |
5164 | Electrical work | |||
51641 | Electrical wiring and fitting work | 4530 | ||
51642 | Fire alarm construction work | 4530 | ||
51643 | Burglar alarm system construction work | 4530 | ||
51644 | Residential antenna construction work | 4530 | ||
51649 | Other electrical construction work | 4530 | ||
5165 | 51650 | Insulation work (electrical wiring, water, heat, sound) | 4530 | |
5166 | 51660 | Fencing and railing construction work | 4530 | |
5169 | Other installation work | |||
51691 | Lift and escalator construction work | 4530 | ||
51699 | Other installation work n.e.c. | 4530 | ||
517 | Building completion and finishing work | |||
Group | Class | Subclass | Title | Corresponding ISCI |
5171 | 51710 | Glazing work and window glass installation work | 4540 | |
5172 | 51720 | Plastering work | 4540 | |
5173 | 51730 | Painting work | 4540 | |
5174 | 51740 | Floor and wall tiling work | 4540 | |
5175 | 51750 | Other floor laying, wall covering and wall papering work | 4540 | |
5176 | 51760 | Xxxx and metal joinery and carpentry work | 4540 | |
5177 | 51770 | Interior fitting decoration work | 4540 | |
5178 | 51780 | Ornamentation fitting work | 4540 | |
5179 | 51790 | Other building completion and finishing work | 4540 | |
518 | 5180 | 51800 | Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator | 4550 |
ANNEX 7
GENERAL NOTES
1. This Agreement does not cover:
a. procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (e.g. food aid including urgent relief aid); and
b. procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time.
2. Procurement by procuring entities covered under Annexes 1 and 2 in connection with activities in the fields of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless covered under Annex 3.