[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Notices]
[Page 25654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10461]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services of New Member States of 
the European Communities

AGENCY: Office of the United States Trade Representative.

ACTION: Determination regarding waiver of discriminatory purchasing 
requirements under the Trade Agreements Act of 1979.

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FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476, or Jason E. Kearns, Assistant General Counsel, Office of the 
United States Trade Representative, (202) 395-3581.

SUPPLEMENTARY INFORMATION: The European Communities (``EC'') is a party 
to the World Trade Organization (``WTO'') Agreement on Government 
Procurement (``GPA'') and has assumed rights and obligations under the 
GPA on behalf of its Member States. On May 1, 2004, the Czech Republic, 
the Republic of Estonia, the Republic of Cyprus, the Republic of 
Latvia, the Republic of Lithuania, the Republic of Hungary, the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia, 
and the Slovak Republic (collectively, the ``new Member States'') 
acceded to the EC. In light of that accession, the EC has committed to 
assume rights and obligations on behalf of these new Member States 
under the GPA. On April 23, 2004, the WTO Committee on Government 
Procurement approved the application of the GPA to the new Member 
States. The United States, which is also a party to the GPA, has agreed 
to waive discriminatory purchasing requirements for eligible products 
and suppliers of the new Member States. An advance notice on this 
subject was published in the Federal Register on April 5, 2004.
    Section 1-201 of Executive Order 12260 of December 31, 1980 
delegated the functions of the President under sections 301 and 302 of 
the Trade Agreements Act of 1979 (``the Trade Agreements Act'') (19 
U.S.C. 2511, 2512) to the United States Trade Representative.

Determination

    In conformity with sections 301 and 302 of the Trade Agreements 
Act, and in order to carry out U.S. obligations under the GPA, I hereby 
determine that:
    1. The European Communities, including its new Member States, is an 
instrumentality that (A) is a party to the GPA and (B) will provide 
appropriate reciprocal competitive government procurement opportunities 
to United States products and services and suppliers of such products 
and services. In accordance with section 301(b)(1) of the Trade 
Agreements Act, the European Communities is so designated for purposes 
of section 301(a) of the Trade Agreements Act.
    2. Accordingly, with respect to eligible products (namely, those 
goods and services covered under the GPA for procurement by the United 
States) of the Czech Republic, the Republic of Estonia, the Republic of 
Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic 
of Hungary, the Republic of Malta, the Republic of Poland, the Republic 
of Slovenia, and the Slovak Republic and suppliers of such products, 
the application of any law, regulation, procedure, or practice 
regarding government procurement that would, if applied to such 
products and suppliers, result in treatment less favorable than that 
accorded--(A) To United States products and suppliers of such products, 
or (B) To eligible products of another foreign country or 
instrumentality which is a party to the GPA and suppliers of such 
products, shall be waived. This waiver shall be applied by all entities 
listed in United States Annexes 1 and 3 of GPA Appendix 1. I have 
informed the relevant U.S. procurement authorities of this decision and 
requested that they make the necessary changes to U.S. procurement 
regulations as expeditiously as possible in order to implement this 
decision. This decision shall become effective on the date of amendment 
of the applicable regulations.
    3. The Trade Representative may modify or withdraw the designation 
in paragraph 1 and the waiver in paragraph 2.
    4. This notice shall not affect the treatment to be accorded to 
eligible products of any country that was a Member State of the 
European Communities before the accession of the new Member States.

    Dated: May 3, 2004.
Robert B. Zoellick,
United States Trade Representative.
[FR Doc. 04-10461 Filed 5-6-04; 8:45 am]
BILLING CODE 3190-W4-P