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ON THIS PAGE:    Introduction    Provisionally agreed revised GPA text    Modalities

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GOVERNMENT PROCUREMENT: THE PLURILATERAL AGREEMENT ON GOVERNMENT PROCUREMENT (GPA)

The re-negotiation of the Agreement on Government Procurement (GPA)

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Introduction    back to top

A commitment to further negotiations was “built into” the current GPA (Article XXIV:7(b) and (c)) when it was adopted in 1994. The purpose of these negotiations is three-fold: (i) to improve and update the Agreement in the light, inter alia, of developments in information technology and procurement methods; (ii) to extend the coverage of the Agreement; and (iii) to eliminate remaining discriminatory measures. The negotiations are also intended to facilitate accession to the Agreement by additional Parties, notably developing countries. The negotiations under the GPA are not part of the so-called Doha Round of negotiations in the WTO which relate to a range of other topics.

In December 2006, negotiators reached an understanding on the revision of the text of the 1994 plurilateral Agreement. The agreement of the negotiators is provisional in that it is subject to (i) a legal check; and (ii) a mutually satisfactory outcome to the other aspect of the negotiations on a new Government Procurement Agreement, namely those on an expansion of coverage (i.e. the lists of government entities whose procurement is opened up).

Agreement was also reached on a process to conclude the coverage negotiations. These negotiations will be conducted on the basis of the revised text.

The revised text entails a complete revision of the provisions of the Agreement with a view to making them more user friendly. The provisions have also been updated to take into account developments in current government procurement practice, including the role of electronic tools in the procurement process. Additional flexibility has been built in on some points, for example shorter time-periods for procuring goods and services of a type available on the commercial market place. Special and differential treatment for developing countries has been more clearly spelled out, in a manner that it is hoped will facilitate future accessions by such countries. A good deal of attention has been given to such questions as domestic review procedures for supplier challenges and the rules for modification of the coverage lists of Parties. On this latter matter, it has been agreed to develop arbitration procedures for resolving differences.

The GPA Parties have agreed that the new text should be used as the basis for accession negotiations with countries wanting to join the GPA. Accession negotiations are under way with eight WTO Members (Albania, Georgia, Jordan, the Kyrgyz Republic, Moldova, Oman, Panama and Chinese Taipei). China has also indicated its intention to initiate negotiations by tabling an offer by the end of 2007.
  

 

Provisionally agreed text of the Agreement on Government Procurement    back to top

The provisionally agreed text of the Agreement on Government Procurement is now available to the general public (GPA/W/297).
  

  

Modalities    back to top

The Committee on Government Procurement has taken two Decisions on the Modalities for the negotiations on extension of coverage and elimination of discriminatory measures and practices (GPA/79 and (GPA/79/Add.1).

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