AGREEMENT ON GOVERNMENT PROCUREMENT
Notification of relevant information by parties is an important means to ensure the transparency and predictability of their procurement regimes. The Agreement on Government Procurement (GPA 2012) and various decisions by the Committee on Government Procurement set out parties' notification obligations in detail.
The GPA parties are obliged to notify the Committee on Government Procurement of the following information:
- national implementing legislation on government procurement
- media for the publication of procurement-related information
- procurement thresholds in national currencies
- statistics on procurement activities
- modifications to schedules of commitments
Relevant information on notification obligations under the GPA 2012 can also be found in the Technical Cooperation Handbook on Notification Requirements.
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National implementing legislation
Under the GPA 2012, parties are required to notify any changes to its laws and regulations relevant to the GPA and in the administration of such laws and regulations (see Article XXII:5 of the GPA 2012).
In addition, Annex A of Appendix 2 of the GPA Committee's Decision which contains the outcome of the renegotiation of the GPA 1994 (GPA/113) specifies that:
“Where a Party maintains officially designated electronic media that provide links to its current laws and regulations relevant to this Agreement and its laws and regulations are available in one of the WTO official languages, and such media are listed in Appendix II, the Party may fulfil the requirement in Article XXII:5 by notifying the Committee annually, at the end of the year, of any changes unless such changes are substantive, that is, they may affect the Party's obligations under the Agreement; and in such cases, a notification shall be made immediately.”
Notifications received to date regarding GPA Parties' national legislation are available below.
- European Union
- Hong Kong, China
- Korea, Republic of
- Moldova, Republic of
- Netherlands with regard to Aruba
- New Zealand
- Chinese Taipei
- United States
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Media for the publication of procurement-related information
The GPA 2012 requires that parties provide information on the media they use for the publication of procurement-related information, such as government procurement legislation, procurement notices, etc. The information is contained in various Appendices of the Agreement.
The information provided by parties is available in the e-GPA Gateway.
Under the GPA 2012:
Electronic or paper media utilized by parties for the publication of laws, regulations, judicial decisions, administrative rulings of general application, standard contract clauses, and procedures regarding government procurement covered by the Agreement pursuant to Article VI of the GPA 2012.
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Thresholds in national currencies
A decision of the Committee on Government Procurement of 27 February 1996 (see document GPA/1) requires that each party calculate and convert for itself the value of the thresholds contained in its coverage schedule into its own national currency, and notify to the Committee the method and result of their calculations. The thresholds expressed in national currencies are fixed for two years and the modalities for the notification are specified in the decision.
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According to Under Article XVI:4&5 and Article VI of the GPA 2012, parties are obliged to collect and report to the Committee on Government Procurement, on an annual basis, statistics in relation to procurement undertaken by that party that are covered by the Agreement. Parties may choose to notify their official websites addresses where their procurement statistics are published in a manner that is consistent with the requirement specified in Article XVI: 4.
Parties notifications on procurement statistics received to date are available here.
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Modifications to schedules
Pursuant to Article XIX of the revised GPA 2012, parties are obliged to notify the Committee on Government Procurement of any proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modifications of its coverage schedule. Parties affected by a proposed modification may notify the Committee of any objection to the proposed modification. A modifying or any objecting party may institute arbitration procedures to facilitate resolution of objections by submitting a notification to that effect in accordance with Article XIX and the Committee's 22 June 2016 Decision on Arbitration Procedures (GPA/139). These and other notifications related to the modification of schedules are restricted documents and accessible to the governments of GPA parties and observers only before relevant modifications are certified.
Relevant notifications are accessible from the e-GPA Gateway.
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Parties notifications on procurement statistics
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