PROCUREMENT AND SUBSIDIES Sample Clauses

PROCUREMENT AND SUBSIDIES. An ‘economic activity’ is, according to the European Court of Justice: ‘the activity consisting in offering goods and services on a given market that is the characteristic feature of an economic activity’.23 That is to say: the issue of whether the provider of a particular service is or is not providing that service as an ‘economic activity’ is not determined by the intrinsic nature of the activity but by the context in which the provision is made. If the provider receives a payment, is that payment truly dues paid to a public authority exercising its authority (such as a land registry registering a title) or is it a consideration for a service (the same land registry providing sets of photocopies for its users’ convenience)? If it is a consideration, the activity is an ‘economic activity’ and the person engaged it is acting as an ‘undertaking’, whether it is a private under- taking or a public undertaking or even a public authority acting as a public undertaking24 or a non-profit organization.25 The significance is that competition law, in its widest sense including public procurement law and state aid law, applies to the behaviour of undertakings and to the way the public authority relates to them. Whenever funds or benefits move from any part of the public purse to an entity engaged in an economic activity, an ‘undertaking’ (public or private), then it is necessary to construct a juridical narrative. Questions arise: + is there a public procurement of goods, services or works and, if so, is it compliant with any applicable EU or EEA rules; + is there a grant of a public concession, with a requirement to build something and, if so, is the award process compliant with any applicable EU or EEA rules; + is there the grant of a public concession, without a requirement to build anything and, if so, is the award process compliant with any applicable EU or EEA general principles; Intellectual property: property rights and the public interest 259 + is there a public service compensation, a subsidy payable in exchange for the performance of public service obligations (render- ing economic the provision of an otherwise uneconomic public service) and, if so, has the public service obligation been properly ‘entrusted’ to the provider by an official act covering exactly what is required; + is there a state aid and, if so, has it been recognized to be such and located within an exemption or an existing scheme or individually notified and approved; if not, for what amo...
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Related to PROCUREMENT AND SUBSIDIES

  • Subsidies 1. The rights and obligations of the Parties in respect of subsidies shall be governed by Articles VI and XVI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures and the WTO Agreement on Agriculture.

  • Agricultural Export Subsidies 1. The Parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall work together toward an agreement in the World Trade Organization to eliminate those subsidies and prevent their reintroduction in any form.

  • Procurement Plan 8. The Borrower shall update the Procurement Plan as needed throughout implementation of the Project, and on each anniversary of the Effective Date, the Borrower shall in consultation with ADB determine whether the Procurement Plan needs to be updated. The Borrower shall implement the Procurement Plan in the manner in which it has been approved by ADB.

  • Export Subsidies 1. The Parties and Signatory Parties share the goal of achieving the multilateral elimination of export subsidies for agricultural products and shall cooperate in efforts to achieve an agreement within the framework of the WTO to eliminate such subsidies.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA.

  • Procurement All goods, works and services required for the Project and to be financed out of the proceeds of the Financing shall be procured in accordance with the provisions of Section III of Schedule 2 to the Financing Agreement.

  • Procurement and Consultant Guidelines All goods, works and services required for the Project and to be financed out of the proceeds of the Grant shall be procured in accordance with the requirements set forth or referred to in:

  • CLASSIFICATIONS AND WAGES 1.1 a) Engineers operating: cranes with a manufacturer’s rating of over 164 to 219 tons capacity. Effective May 1, 2013, the wage rate for engineers operating large cranes 220 to 299 tons capacity shall be One Dollar and Twenty-Five Cents ($1.25) per hour above the applicable rate. The wage rate for engineers operating large cranes 300 to 499 tons capacity shall be Two Dollars and Fifty Cents ($2.50) per hour above the applicable rate. The wage rate for engineers operating large cranes over 499 tons capacity shall be Four Dollars ($4.00) per hour above the applicable rate. EFFECTIVE DATE WAGES VACATION PAY BENEFIT PLAN PENSION PLAN TOTAL May 27, 2016 $42.71 $4.27 $5.29 $6.73 $59.00 May 1, 2017 $43.66 $4.37 $5.34 $6.88 $60.25 May 1, 2018 $44.62 $4.46 $5.39 $7.03 $61.50

  • Interstate Educational Personnel Contracts 1. The designated state official of a party state may make 1 or more contracts on behalf of his state with 1 or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.

  • STUDENTS AND BUSINESS APPRENTICES A student or business apprentice who is present in a Contracting State solely for the purpose of his education or training and who is, or immediately before being so present was, a resident of the other Contracting State, shall be exempt from tax in the first-mentioned State on payments received from outside that first-mentioned State for the purposes of his maintenance, education or training.

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