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World Trade Organization WORLD TRADE RESTRICTED GPA/W/273 23 September 2003 ORGANIZATION (03-5024) Committee on Government Procurement Original: English PROPOSED MODIFICATION TO APPENDIX I OF JAPAN Notification from Japan under Article XXIV:6(a)1 of the GPA The following notification from the Permanent Mission of Japan was received on 12 September 2003 with the request that it be circulated to the Parties to the Agreement on Government Procurement. _______________ 1. Pursuant to Article XXIV, paragraph 6(a) of the WTO Agreement on Government Procurement (GPA), the Government of Japan wishes to notify the Committee on Government Procurement of the following modification of a purely formal nature relating to Annex 3 of Appendix I of the GPA (cf. WT/Let/446): - add "- Japan Nuclear Energy Safety Organization" after "- National Printing Bureau" in Group B in the "List of Entities" and the "List of Entities which procure the services, specified in Annex 4". 2. The above modification is the result of the following organizational change relating to a central government entity in Annex 1. It does not alter the level of the mutually agreed coverage provided in the Agreement: (1) Through Japan's central government reform process, part of the undertakings, which have been operated by internal sub-divisions of the Nuclear and Industrial Safety Agency (an independent organization of the Ministry of Economics, Trade and Industry in Annex 1) are to be conducted by the Japan Nuclear Energy Safety Organization. Under the Law Concerning the Japan Nuclear Energy Safety Organization (Law No. 179 of 18 December 2002) and the relevant ordinances, this organizational change shall be implemented as of 1 October 2003. The Japan Nuclear Energy Safety Organization shall be established as an Independent 1 Article XXIV:6(a) reads as follows: "Rectifications, transfers of an entity from one Annex to another or, in exceptional cases, other modifications relating to Appendices I through IV shall be notified to the Committee, along with information as to the likely consequences of the change for the mutually agreed coverage provided in this Agreement. If the rectifications, transfers or other modifications are of a purely formal or minor nature, they shall become effective provided there is no objection within 30 days. In other cases, the Chairman of the Committee shall promptly convene a meeting of the Committee. The Committee shall consider the proposal and any claim for compensatory adjustments, with a view to maintaining a balance of rights and obligations and a comparable level of mutually agreed coverage provided in this Agreement prior to such notification. In the event of agreement not being reached, the matter may be pursued in accordance with the provisions contained in Article XXII." GPA/W/273 Page 2 Administrative Institution (IAI), legally independent from the government, to perform transferred undertakings efficiently and effectively. (2) Since this new Organization does not fall within the central government entities covered by the Accounts Law, and is not provided for in the National Government Organization Law, nor in the Law establishing the Cabinet Office, Japan has decided to add this entity to Annex 3 regarding both supplies and services (under Group B in the "List of Entities" and the "List of Entities which procure the services, specified in Annex 4"). In this way, the Agreement will apply to the Japan Nuclear Energy Safety Organization, with the same thresholds and conditions as stipulated in Annex 1 for central government entities. (3) This entity will have accounting rules as of 1 October 2003 to implement the relevant thresholds and procedures under the Agreement. Challenge procedures, as provided for in Article XX of the Agreement, will apply to procurement conducted by this entity, which will fall under the control of the Ministry of Economics, Trade and Industry. 3. Attachment A2 contains the proposed modification to Annex 3 of Appendix I in red-line/strikeout form. Attachment B2 indicates how Annex 3 of Appendix I would appear after the proposed modification has been made. 2 Attachments A and B are in English only. GPA/W/273 Page 3 APPENDIX I JAPAN ANNEX 3 Page 1/5 ATTACHMENT A JAPAN ANNEX 3 All Other Entities which Procure in Accordance with the Provisions of this Agreement Supplies Threshold: - Employment and Human Resources Development Organization of Japan 130 thousand SDR - Okinawa Development Finance Corporation - National Life Finance Corporation - Agriculture, Forestry and Fisheries Finance List of Entities: Corporation - Japan Finance Corporation for Small Business 1. Group A - Housing Loan Corporation - Japan Finance Corporation for Municipal - Water Resources Development Public Enterprises Corporation - Development Bank of Japan - Japan Regional Development Corporation - Japan Bank for International Cooperation - Japan Green Resources Corporation - Teito Rapid Transit Authority (a) - Japan National Oil Corporation (c) - Japan Tobacco Inc. - Japan Railway Construction Public Corporation - Hokkaido Railway Company (a) (a) (d) - East Japan Railway Company (a) - New Tokyo International Airport Authority - Central Japan Railway Company (a) - Japan Highway Public Corporation - West Japan Railway Company (a) - Metropolitan Expressway Public Corporation - Shikoku Railway Company (a) - Hanshin Expressway Public Corporation - Kyushu Railway Company (a) - Honshu-Shikoku Bridge Authority - Japan Freight Railway Company (a) - Urban Development Corporation (a) - Nippon Telegraph and Telephone Co. (f) - Japan Science and Technology Corporation - Northern Territories Issue Association - Japan Nuclear Cycle Development - Japan Consumers Information Center Institute (b) - Japan Atomic Energy Research Institute (b) - Japan Environment Corporation - RIKEN (The Institute of Physical and Chemical - Japan International Cooperation Agency Research) (b) - Social Welfare and Medical Service Corporation - Pollution-Related Health Damage Compensation - Government Pension Investment Fund Association - Agriculture and Livestock Industries - Fund for the Promotion and Development of the Corporation Amami Islands - Metal Mining Agency of Japan (c) - Japan Foundation - Japan Small and Medium Enterprise Corporation - The Japan Scholarship Foundation - Postal Life Insurance Welfare Corporation - Labour Welfare Corporation 9 May 2003 (WT/Let/446) GPA/W/273 Page 4 APPENDIX I JAPAN ANNEX 3 Page 2/5 Supplies (cont'd) - Japan Arts Council - National Science Museum - Japan Society for the Promotion of Science - National Institute for Materials Science - University of the Air Foundation - National Research Institute for Earth Science and - National Stadium and School Health Center of Disaster Prevention Japan - National Aerospace Laboratory of Japan - Social Insurance Medical Fee Payment Fund - National Institute of Radiological Sciences - Association for Welfare of the Mentally and - National Museum of Art Physically Handicapped - National Museum - Japan Racing Association - National Research Institute for Cultural Properties - Mutual Aid Association of Agriculture, Forestry - National Center for Teachers' Development and Fishery Corporation Personnel - National Institute of Health and Nutrition - The National Association of Racing - National Institute of Industrial Safety - Farmers' Pension Fund - National Institute of Industrial Health - Japan Keirin Association - Center for Food Quality, Labeling and Consumer - Japan External Trade Organization Services - Japan Motorcycle Racing Organization - National Center for Seeds and Seedlings - New Energy and Industrial Technology - National Livestock Breeding Center Development Organization - Fertilizer and Feed Inspection Station - Japan National Tourist Organization - Agricultural Chemicals Inspection Station - Japan Institute of Labour - National Farmers Academy - Mutual Aid Fund for Official Casualties and - Forest Tree Breeding Center Retirement of Volunteer Firemen - National Salmon Resources Center - Corporation for Advanced Transport and - National Fisheries University Technology (e) - National Agricultural Research Organization - The Promotion and Mutual Aid Corporation for - National Institute of Agrobiological Sciences Private Schools of Japan - National Institute for Agro-Environmental Sciences - Organization for Workers' Retirement - National Institute for Rural Engineering Allowance Mutual Aid - National Food Research Institute - Japan International Research Center for 2. Group B Agricultural Sciences - Forestry and Forest Products Research Institute - National Archives of Japan - Fisheries Research Agency - Communications Research Laboratory - Research Institute of Economy, Trade and Industry - National Research Institute of Fire and Disaster - National Center for Industrial Property Information - National Research Institute of Brewing - Nippon Export and Investment Insurance - National Center for University Entrance - National Institute of Advanced Industrial Science Examinations and Technology - National Institute of Special Education - National Institute of Technology and Evaluation - National Olympics Memorial Youth Center - Public Works Research Institute - National Women's Education Center - Building Research Institute - National Youth Houses - National Children's Centers - The National Institute for Japanese Language 9 May 2003 (WT/Let/446) GPA/W/273 Page 5 APPENDIX I JAPAN ANNEX 3 Page 3/5 Supplies (cont'd) - New Tokyo International Airport Authority - Japan Highway Public Corporation - National Traffic Safety
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