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Document 32018D1536
Council Decision (EU) 2018/1536 of 9 October 2018 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement
Council Decision (EU) 2018/1536 of 9 October 2018 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement
Council Decision (EU) 2018/1536 of 9 October 2018 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement
ST/11928/2018/INIT
OJ L 257, 15.10.2018, p. 26–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
15.10.2018 |
EN |
Official Journal of the European Union |
L 257/26 |
COUNCIL DECISION (EU) 2018/1536
of 9 October 2018
establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 2 June 2015, Australia applied for accession to the Revised Agreement on Government Procurement (‘the Revised GPA’). |
(2) |
Australia's commitments on coverage are laid down in its final offer, as submitted to the Parties to the Revised GPA (‘the Parties’) on 7 March 2018. |
(3) |
Although comprehensive, the offer by Australia does not provide full coverage. It is thus appropriate to introduce certain carve-outs specific to Australia to Union coverage. These specific carve-outs, as reflected in the Attachment to this Decision, will become part of the terms of accession to the Revised GPA for Australia and will be reflected in the decision adopted by the Committee on Government Procurement (‘the GPA Committee’) on Australia's accession. |
(4) |
Australia's accession to the Revised GPA is expected to make a positive contribution to further opening of public procurement markets internationally. |
(5) |
Article XXII(2) of the Revised GPA provides that any Member of the WTO may accede to the Revised GPA on terms to be agreed between that Member and the Parties, with such terms stated in a decision of the GPA Committee. |
(6) |
It is therefore appropriate to establish the position to be taken on behalf of the Union within the GPA Committee in relation to the accession of Australia, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the Union within the Committee on Government Procurement shall be to approve the accession of Australia to the Revised Agreement on Government Procurement, subject to the specific terms of accession set out in the Attachment to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 9 October 2018.
For the Council
The President
E. KÖSTINGER
Attachment
EU TERMS OF AUSTRALIA'S ACCESSION TO THE GPA
Upon Australia's accession to the Agreement on Government Procurement:
— |
point 3 of section 2 (‘The Central Government contracting authorities of the EU Member States’) of Annex 1 to Appendix I Commitments of the European Union shall read as follows:
|
— |
Note 2 of the Notes to Annex 1 to Appendix I Commitments of the European Union shall be modified as follows:
|
Upon Australia's accession to the Agreement on Government Procurement:
— |
Note 1 of the Notes to Annex 2 to Appendix I Commitments of the European Union shall include the following points after the point (g):
|
— |
Note 2 of the Notes to Annex 2 to Appendix I Commitments of the European Union shall be modified as follows:
|
Upon Australia's accession to the Agreement on Government Procurement Note 6 of the Notes to Annex 3 to Appendix I Commitments of the European Union shall include the following points after the point (r):
‘(s) |
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; |
v |
urban railway, tramway, trolley bus or bus services covered under this Annex; and |
vi |
transport by railways covered under this Annex; |
in regard of supplies, services, suppliers and service providers from Australia.’