the terms of reference of which are attached at Annex 7, will be conducted by an independent consultant and should be completed by 31 January 1994.Article 5 Continuation of negotiations1. Following completion of the study, the USA and the EEC shall negotiate with a view to reaching a balanced comprehensive agreement on procurement, with a high level of coverage in Code categories A, B and C, and a self-contained agreement on telecommunications procurement.2. The comprehensive agreement on procurement is intended to be integrated, through multilateral negotiations, into an expanded Code. However, in the event that a satisfactory expanded Code cannot be achieved in time, the Parties intend to conclude a bilateral agreement on procurement, containing the elements described in paragraph 1.Article 6 Final entity listsThe United States Government and the Commission of the European Communities shall immediately start the consultations necessary (including with other branches and levels of government) to enable each Party:- promptly upon the completion of the study, to present entity lists that would permit the Parties to achieve a balanced agreement at a high level of coverage in Code categories A, B and C,- to incorporate within those lists, for the USA, state, municipal and other subfederal entities that have committed to accept obligations in respect of their procurement; and for the EEC, regional, local and other subcentral entities.Article 7 Final provisions1. This Agreement shall enter into force on signature except that, for the procurement of services ('other services` in the sense of Article 1 (2)), it shall not enter into force before 1 July 1993.2. If signature does not take place by 30 May 1993, the Parties shall consult with a view to ensuring entry into force at the earliest possible date.3. This Agreement shall terminate on the earlier of 30 May 1995, or the entry into force of an expanded Code; provided, however, that either Party may terminate this Agreement on 30 May 1994 by notice given to the other Party, at least 30 days prior to that date.4. The benefits of this Agreement shall apply upon its entry into force. Furthermore, they shall apply to tenders issued during the validity of this Agreement.5. The obligations undertaken by the Parties to this Agreement shall not prejudice either Party's position in the negotiation of the agreements referred to in paragraph 5.6. Annexes 1 to 7 are an integral part of this Agreement.On behalf of the United States of AmericaOn behalf of the Council of the European CommunitiesANNEX 1 List of EEC entities contained in Annex I to Council Directive 80/767/EEC, as amended BELGIUM/BELGIË (La version française de cette liste fait foi)A. - L'État, exception faite pour les marchés passés dans le cadre de la coopération au développement qui, en vertu d'accords internationaux conclus avec des pays tiers et se rapportant à la passation de marchés, sont soumis à d'autres dispositions, incompatibles avec les dispositions du présent arrêté (1):- la Régie des postes (2)- la Régie des bâtiments- le Fonds des routesB. - Le Fonds général des bâtiments scolaires de l'État- Le Fonds de construction d'institutions hospitalières et médico-sociales- La Société nationale terrienne- L'Office national de sécurité sociale- L'Institut national d'assurances sociales pour travailleurs indépendants- L'Institut national d'assurance maladie-invalidité- L'Institut national de crédit agricole- L'Office national des pensions- L'Office central de crédit hypothécaire- L'Office national du ducroire- La Caisse auxiliaire d'assurance maladie-invalidité- Le Fonds des maladies professionnelles- La Caisse nationale de crédit professionnel- L'Office national des débouchés agricoles et horticoles- L'Office national du lait et de ses dérivés- L'Office national de l'emploi- La Régie des voies aériennesA. -De Staat, met uitzondering van de opdrachten inzake ontwikkelingssamenwerking die krachtens internationale overeenkomsten met derde landen inzake het plaatsen van opdrachten andere bepalingen behelzen die niet verenigbaar zijn met de bepalingen van dit besluit:- de Regie der Posterijen- de Regie der
Avis juridique important|21993A0520(02)Acordo sob a forma de memorando de acordo entre a Comunidade Económica Europeia e os Estados Unidos da América relativo a adjudicação de contratos públicos Tradução não oficial Jornal Oficial nº L 125 de 20/05/1993 p. 0002 - 0053 Edição especial finlandesa: Capítulo 6 Fascículo 4 p. 0004 Edição especial sueca: Capítulo 6 Fascículo 4 p. 0004 8868)Note: Transportation services, where incidental to procurement contracts are not subject to this Agreement.2. Dredging3. All services purchased in support of military forces located overseas4. Management and operation contracts of certain government or privately-owned facilities used for government purposes, including federally-funded research and development centers (FFRDCs).5. R & D servicesANNEX 7 Mandate for the joint study ObjectiveThe objective of the study is to estimate the value and also to assess qualitatively the international bidding potential of procurement opportunities which would be likely to arise under the GPA, as a result of offers and requests of either Party, at the time of it expected implementation in 1995. The study shall be without prejudice to either Party's final offer.The study should be conducted on the basis of a projection of available information on current performance, potential and trends. The effect of measures which are currently planned, or in course of execution, should be taken into account. The consultant should make a critical assessment of the validity of the data on which the projections are based and should draw attention to any data whose reliability cannot be verified. Any exemptions and qualifications which are proposed, including thresholds, should be taken into account. Where necessary, the consultant may make estimates. The consultant should take the views of both Parties into account.Results should be presented as far as possible on the basis of common definitions and methodologies and in such a way as to enable any subsequent offers to be evaluated.CoverageThe study should cover procurement of goods and services, including public works, by:- central (federal) government (category A),- sub-central (State, regional and local) government (category B),- other entities, offered or requested by either Party, excluding telecoms (category C).Reports, timing and acceptanceThe study should result in two reports:- an intermediate report, setting out the issued to be examined, items in need of quantification, data availability and proposed methodology,- a final report setting out the results of the study.The draft intermediate report should be presented not later than two months from commencement of the study. The final report should be commenced only if both Parties are satisfied, on the basis of the intermediate report, that completion of the study would yield useful results.The draft final report should be presented not later than four months from acceptance of the intermediate report.Draft reports shall be considered final only after they have been accepted by both Parties.Dear Vice-President Brittan,In the context of our Memorandum of Understanding of ... May 1993 (MOU), I would like to describe to you the process the US Trade Representative's Office will undertake in accordance with Article 6 of the MOU between now and 31 January 1994 to seek the voluntary commitment of US subfederal entities to be included in the final entity lists.As we agreed, the immediate bilateral commitments to open our respective procurement markets contained in the MOU are a 'down payment` towards a final procurement agreement. The inclusion of subfederal entities in the US offer can only be accomplished after the results of our jointly-commissioned study are known. On this basis, we will be prepared to conclude a balanced comprehensive agreement on procurement.To this end, I will immediately initiate the following actions with regard to subfederal procurement:1. urge the 33 States from which we have already received preliminary commitments to provide final voluntary commitments; and2. press ahead with work to obtain voluntary commitments from:(a) the 17 States from which we currently have no commitment; and(b) major municipalities, defined as cities with populations exceeding 500 000 and other subfederal entities operating in or serving those municipalities.We will work with a view to obtaining final commitments in order to be in a position to submit our entity lists in time, so that the final phase of negotiations can start in January 1994. Any commitments by subfederal entities will be bound in legislation implementing a final procurement agreement.In addition, during this period, the US will consider ways in which, as part of a balanced agreement, federally-mandated measures affecting subfederal procurements would be removed in a timely manner. In the context of a balanced agreement, both sides would oppose the enactment of legislation that would render ineffective the bidding opportunities provided by that agreement.Sincerely,AmbassadorMICHAEL KANTORUS Trade Representative de Inspecção EconómicaDirecção-Geral do Comércio ExternoDirecção-Geral do Comércio InternoDirecção-Geral do TurismoFundo de TurismoGabinete para os Assuntos ComunitáriosICEP - Instituto do Comércio Externo de PortugalInspecção-Geral de JogosInstituto de Promoção TurísticaInstituto Nacional de Formação TurísticaRegiões de turismoSecretaria-GeralEnatur - Empresa Nacional de Turismo, EP (a)AGA - Administração-Geral do Açúcar e do Álcool, EP (a)(a) Entidades tuteladas conjuntamente pelos ministérios do Comércio e Turismo e das Finanças.Ministério da Defesa NacionalEstado-Maior General das Forças ArmadasEstado-Maior da Força AéreaComando Logístico-administrativo da Força AéreaEstado-Maior do ExércitoEstado-Maior da ArmadaDirecção-Geral do Material NavalDirecção das Infra-estruturas NavaisDirecção de AbastecimentoFábrica Nacional de CordoariaHospital da MarinhaArsenal do AlfeiteInstituto HidrográficoDirecção-Geral de ArmamentoDirecção-Geral de Pessoal e Infra-estruturasDirecção-Geral de Política de Defesa NacionalInstituto de Defesa NacionalSecretaria-GeralMinistério da EducaçãoAuditoria jurídicaDirecção-Geral de Administração EscolarDirecção-Geral da Extensão EducativaDirecção-Geral do Ensino SuperiorDirecção-Geral dos DesportosDirecção-Geral dos Ensinos Básico e SecundárioDirecção Regional de Educação de LisboaDirecção Regional de Educação do AlgarveDirecção Regional de Educação do CentroDirecção Regional de Educação do NorteDirecção Regional de Educação do SulEditorial do Ministério da EducaçãoGabinete Coordenador do Ingresso no Ensino SuperiorGabinete de Estudos e PlaneamentoGabinete de Gestão FinanceiraGabinete do Ensino Tecnológico, Artístico e ProfissionalInspecção-Geral de EducaçãoInstituto de Cultura da Língua PortuguesaInstituto de Inovação EducacionalInstituto dos Assuntos Sociais da EducaçãoSecretaria-GeralMinistério do Emprego e Segurança SocialAuditoria jurídicaCaixa Nacional de Seguros e Doenças ProfissionaisCaixas de Previdência SocialCaixa Pia de LisboaCentro Nacional de PensõesCentros Regionais de Segurança SocialComissão para a Igualdade e Direitos das MulheresDepartamento de EstatísticaDepartamento de Estudos e PlaneamentoDepartamento de Relações Internacionais e Convenções da Segurança SocialDepartamento para os Assuntos do Fundo Social EuropeuDepartamento para os Assuntos Europeus e Relações ExternasDirecção-Geral da Acção SocialDirecção-Geral da FamíliaDirecção-Geral das Relações de TrabalhoDirecção-Geral de Apoio Técnico à GestãoDirecção-Geral de Higiene e Segurança no TrabalhoDirecção-Geral do Emprego e Formação ProfissionalDirecção-Geral dos Regimes de Segurança SocialFundo de Estabilização Financeira da Segurança SocialInspecção-Geral de Segurança MEMORANDUM OF UNDERSTANDING between the United States of America and the European Economic Community on government procurementMEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES OF AMERICA (THE USA) AND THE EUROPEAN ECONOMIC COMMUNITY (THE EEC):WHEREAS the USA and the EEC are parties to the GATT Agreement on Government Procurement (the Code), which entered into force on 1 January 1981;WHEREAS Article 6: of the Code states that the parties to the Code shall undertake further negotiations with a view to broadening and improving the Code on the basis of mutual reciprocity;WHEREAS the USA and the EEC have been involved in multilateral negotiations to expand coverage of the Code since 1984;WHEREAS in the interest of facilitating agreement on a new Code, the USA and the EEC undertook bilateral negotiations to resolve certain outstanding problems between them;WHEREAS the USA and the EEC expect that any bilateral agreement on these issues will provide appropriate reciprocal competitive government procurement opportunities that are intended to become part of the expanded Code;WHEREAS the USA and the EEC have decided to make certain reciprocal commitments to open their respective procurement markets as a downpayment towards an expanded Code;THEREFORE, the USA and the EEC have agreed as follows:Article 1 Scope and definitions1. This Agreement shall apply to:- contracs for goods, works (otherwise 'construction services`), and other services, which are awarded by entities included in Annexes 1 and 2, and- contracts for goods and works, which are awarded by entities listed in Annexes 3 and 4.2. 'Works contracts` shall be those contracts which have as their objective the realization by whatever means of civil or building works, in particular in the sense of division 51 of the Central Product Classification of the United Nations or of Annex 2 to Council Directive 71/305/EEC.'Other services` shall be those contracts for which the principal object is the obtaining of one or more of the services which are included in both Annexes 5 and 6.Article 2 Central and Federal Government entities1. In the award of contracts by entities which are included in Annex 1, the Community shall afford to the suppliers, contractors and service providers of the USA and to goods and services originating within the customs territory of the USA the award procedures of Council Directive 77/62/EEC which shall apply to goods contracts, the estimated value of which, net of VAT, is not less than the Code threshold, currently ECU 125 576, of Council Directive 92/50/EEC, which shall apply to services contracts, the estimated value of which, net of VAT, is not less than ECU 200 000, and of Council Directive 71/305/EEC, which shall apply to works contracts the estimated value of which, net of VAT, is not less than ECU 5 000 000;2. The USA shall waive the application of the Buy America Act (41 USC 10a) to the award of contracts by entities which are included in Annex 2, above a threshold of $ 6 500 000 for works contracts, and above the Code threshold (which is currently $ 176 000) for goods and other services contracts. In the award of such contracts the USA shall afford to the suppliers, contractors and service providers of the Community and to goods and services originating within the customs territory of the Community, the award procedures of the Federal Acquisition Regulations, other than those pertaining to the application of the Buy America Act.3. Each Party may maintain its current derogations under the Code.Article 3 Electrical utilities1. The EEC shall extend the benefits of the provisions of Council Directive 90/531/EEC to US products, suppliers and contractors in the award of contracts by entities included in Annex 3 and will make the benefits of Directive 92/131/EEC available to US suppliers and contractors for such awards.2. The USA shall waive the application of the Buy America Act (41 U.S.C. 10 a) to the award of contracts by entities which are included in Annex 4, above a threshold of US $ 6 500 000 for works contracts, and US $ 450 000 for goods contracts. In the award of such contracts the USA shall afford to the suppliers, contractors and service providers of the EEC and to goods and services originating within the customs territory of the EEC, award procedures substantially equivalent to the Federal Acquisition Regulations, other than those pertaining to the application of the Buy America Act.Article 4 Joint studyThe USA and the EEC shall jointly sponsor a study of the procurement opportunities that would arise from their respective offers and requests in the negotiations for the expanded Code. The study, the terms of reference of which are attached at Annex 7, will be conducted by an independent consultant and should be completed by 31 January 1994.Article 5 Continuation of negotiations1. Following completion of the study, the USA and the EEC shall negotiate with a view to reaching a balanced comprehensive agreement on procurement, with