NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Organización Mundial del Comercio
RESTRICTED
GPA/O/HKG/2
18 de octubre de 2011
(11-5176)
Comité de Contratación Pública Original: inglés
NEGOCIACIONES SOBRE LA AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS DE CONFORMIDAD CON LOS APARTADOS b) Y c) DEL PÁRRAFO 7 DEL ARTÍCULO XXIV DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA
Comunicación xx Xxxx Kong, China*
Oferta antefinal
La siguiente comunicación, de fecha 17 de octubre de 2011, se distribuye a petición de la delegación xx Xxxx Kong, China.
* En inglés solamente.
PRE-FINAL OFFER OF HONG KONG, CHINA
To contribute to the conclusion of the negotiations under Article XXIV:7 of the Agreement on Government Procurement, Hong Kong, China is pleased to present its pre-final offer. The improvements from our current commitments include:
(1) the addition of Chief Executive's Office; and Secretariat, Commissioner on Interception of Communications and Surveillance to its Annex 1 coverage; and
(2) the addition of four sub-sectors of telecommunications services; services incidental to forestry and logging; services incidental to mining; sanitation and similar services; cleaning services of exhaust gases; and nature and landscape protection services to its Annex 5 coverage.
Any change as compared to the current commitments of Hong Kong, China is reflected in track changes mode (bold, strikeout and underlining). Explanations are provided in boxes.
Hong Kong, China reserves its rights to withdraw or amend this offer at any time during the course of negotiations in the light of further developments, including offers from the other GPA Parties and a positive outcome on the outstanding text-related matters.
Hong Kong, China reaffirms its commitments to a successful achievement of the negotiations on extension of coverage and elimination of discriminatory measures and practices.
HONG KONG, CHINA
(Authentic in the English Language only)
ANNEX 1
Government Entities which Procure in Accordance With the Provisions of this Agreement
Supplies
Threshold: 130,000 SDR for goods and services other than construction services 5,000,000 SDR for construction services
List of Entities:
1. Agriculture, Fisheries and Conservation Department
2. Architectural Services Department
3. Audit Commission
Updating the name of entity
4. Auxiliary Medical Services
5. Buildings Department
6. Census and Statistics Department
Updating the name of entity
7. Chief Executive's Office (Note 1)
7.8. Civil Aid Services
8.9. Civil Aviation Department
9.10. Civil Engineering and Development Department
10.11. Companies Registry
11.12. Correctional Services Department
12.13. Customs and Excise Department
13.14. Department of Health
14.15. Department of Justice
15.16. Drainage Services Department
16.17. Electrical and Mechanical Services Department
17.18. Environmental Protection Department
18.19. Fire Services Department
19.20. Food and Environmental Hygiene Department
20.21. Government Flying Service
21.22. Government Laboratory
22.23. Government Logistics Department
23.24. Government Property Agency
24.25. Government Secretariat
25.26. Highways Department
26.27. Home Affairs Department
27.28. Hong Kong Monetary Authority
28.29. Hong Kong Observatory
29.30. Hong Kong Police Force (including Hong Kong Auxiliary Police Force)
Updating the name of entity
31. Hongkong Post
30.32. Immigration Department
31.33. Independent Commission Against Corruption
32.34. Information Services Department
33.35. Inland Revenue Department
34.36. Intellectual Property Department
35.37. Invest Hong Kong
36.38. Joint Secretariat for the Advisory Bodies on Civil Service and Judicial Salaries and Conditions of Service
37.39. Judiciary
38.40. Labour Department
39.41. Land Registry
40.42. Lands Department
41.43. Legal Aid Department
42.44. Leisure and Cultural Services Department
43.45. Marine Department
44.46. Office of the Ombudsman
45.47. Office of the Telecommunications Authority
46.48. Official Receiver's Office
47.49. Planning Department
Updating the name of entity to "Hongkong Post", see item 31
48. Post Office
49.50. Public Service Commission
50.51. Radio Television Hong Kong
51.52. Rating and Valuation Department
52.53. Registration and Electoral Office
54. Secretariat, Commissioner on Interception of Communications and Surveillance
Updating the name of entity
53.55. Secretariat, Independent Police Complaints Council
54.56. Secretariat, University Grants Committee
55.57. Social Welfare Department
56.58. Student Financial Assistance Agency
57.59. Television and Entertainment Licensing Authority
58.60. Trade and Industry Department
59.61. Transport Department
60.62. Treasury
61.63. Water Supplies Department
Note to Annex 1
Chief Executive's Office: This Agreement does not cover the procurement of armoured car services (CPC 87304) and telecommunications and related services (CPC 752+754).
ANNEX 2
Government Entities which Procure in Accordance With the Provisions of this Agreement
Hong Kong, China has no Annex 2 entities.
ANNEX 3
All Other Entities which Procure in Accordance With the Provisions of this Agreement
Threshold: 400,000 SDR for supplies goods and services other than construction services 5,000,000 SDR for construction services
List of Entities:
1. Housing Authority and Housing Department
2. Hospital Authority
3. Airport Authority
4. MTR Corporation Limited
5. Kowloon-Canton Railway Corporation
ANNEX 4
Goods
This Agreement applies to procurement of all goods by the entities listed in Annexes 1
and 3.
ANNEX 45
Services
The following services, classified according to the United Nations Provisional Central Product Classification (CPC) Code on Goods and Services, will be are covered:
CPC | ||
1. | Computer and Related Services | |
- | Data base and processing services | 843+844 |
- | Maintenance and repair service of office machinery and equipment including computers | 845 |
- | Other Computer Services | 849 |
2. | Rental/Leasing Services Without Operators | |
- | Relating to ships | 83103 |
- | Relating to aircraft | 83104 |
- | Relating to other transport equipment | 83101+83102+83105 |
- | Relating to other machinery and equipment | 83106+83109 |
3. | Other Business Services | |
- | Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) | 633+8861-8866 |
- | Market Research & Public Opinion Polling Services | 864 |
- | Security Armoured Car Services | 87304 (Note 1) |
To adopt the description used in CPC | ||
without changing the scope of commitment | ||
- | Building-Cleaning Services | 874 |
- | Advertising Services | 871 |
- Services incidental to forestry and logging 8814
- Services incidental to mining 883
7512
commitment
without changing the scope of
For clarity's sake, the CPC is added
4. Courier Services
5. Telecommunications and Related Services (Provisions of certain types of service
may require licensing under the Telecommunication Ordinance) (Note 1)
- Telecommunications services | 752 |
- Value-added telecommunications services | 7523, 843 |
- Basic telecommunications services | 7521, 7529 |
- Telecommunications-related services | 754 |
6. | Environmental Services | |
- | Sewage services | 9401 |
- | Refuse disposal services | 9402 |
- Sanitation and similar services 9403
- Cleaning services of exhaust gases 9404
- Nature and landscape protection services 9406
7. Financial Services ex 81
(exceptions are set out in paragraph 4 of Annex 7)
- All Insurance and Insurance-Related Services (exceptions are set out in paragraph 5
of General Conditions)
- Banking and other financial services
8. Transport Services
- Air transportation services (excluding transportation of mail)
731, 732, 734
- Road transport services 712, 6112, 8867
Note to Annex 5
This Agreement does not cover the procurement by Chief Executive's Office of these services.
ANNEX 56
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 United Nations Provisional Central Product Classification (CPC).
List of Division 51 CPC
All services of Division 51 of the CPC
Threshold: 5,000,000 SDR
ANNEX 7
General Notes
GENERAL CONDITIONS APPLICABLE TO ENTITIES AND SERVICES SPECIFIED IN ANNEXES 1 TO 56
1. Notwithstanding anything in the Annexes 1-56, the this Agreement shall does not apply to:
- All consultancy and franchise arrangements;
- Transportation of mail by air; and
- Statutory insurances including third party liability in respect of vehicles and vessels and employer's liability insurance in respect of employees.
The exception has been provided for under Article II.3(a) of the revised
- Purchase of office or residential accommodation by the Government Property Agency.
GPA.
2. Operators of telecommunications services may require licensing under the Telecommunication Ordinance. Operators applying for the licences are required to be established in Hong Kong under the Companies Ordinance.
3. Hong Kong, China shall not be obliged to permit the supply of such services cross-border, or through commercial presence or the presence of natural persons.
4. The following services are excluded from the Financial Services under Annex 45:
1. CPC 81402
Insurance and pension consultancy services 2. CPC 81339
Money broking
3. CPC 8119+81323
Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services.
4. CPC 81339 or 81319
Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments.
5. CPC 8131 or 8133
Advisory and other auxiliary financial services on all the activities listed in subparagraphs 5(a)(v) to (xvi) in the Annex on Financial Services in the General Agreement on Trade in Services, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.
6. CPC 81339+81333+81321
Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
- money market instruments (cheques, bills, certificate of deposits, etc.)
- foreign exchange
- derivative products including, but not limited to futures and options
- exchange rate and interest rate instruments, including products such as swaps, forward rate agreement, etc.
- transferable securities
- other negotiable instruments and financial assets, including bullion.