Explanatory Memorandum to COM(2010)223 - Union position regarding the amendment of the annexes of the Agreement with Switzerland on certain aspects of government procurement - Main contents
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| dossier | COM(2010)223 - Union position regarding the amendment of the annexes of the Agreement with Switzerland on certain aspects of government ... |
|---|---|
| source | COM(2010)223  |
| date | 11-05-2010 |
1. The Agreement between the European Community and the Swiss Confederation on certain aspects of government procurement i seeks to secure reciprocal, transparent and non-discriminatory access of the suppliers and service providers of both parties to purchases by specific entities in the utilities sectors. The Agreement complements the commitments that the EC and the Swiss Confederation have undertaken in the framework of the WTO Agreement on Government Procurement.
2. The Joint Committee established under the Agreement regularly examines the annexes to the Agreement and has the power to amend them (see Article 11 i of the Agreement). Annexes I, II, III and IV specify which entities of each party are covered by the detailed rules of the Agreement. Both parties consider it desirable to amend these annexes in order to take account of three developments.
3. First, it is desirable to take account of the progressive liberalisation of the telecommunication markets and the introduction of competition in the European Union and Switzerland. It is therefore desirable to specify in Annex I to the Agreement that telecommunications operators are no longer covered by the Agreement.
4. Second, it is necessary to adapt the annexes of the Agreement in view of the two enlargements of the European Union. The corresponding lists of entities of 'new Member States' have been taken from the Commission decision of 9 December 2008 amending the Annexes to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures, as regards their lists of contracting entities and contracting authorities i.
5. Third, it is necessary to update the annexes of the Agreement in view of the above-mentioned Commission Decision of 9 December 2008. The corresponding lists of entities of 'old Member States' have been taken from the above-mentioned Decision.
6. Adoption of the attached Council decision allows the Joint Committee to amend the annexes to the Agreement to these developments.