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No longer in force, Date of end of validity: Its present version was negotiated in parallel with the Uruguay Round inand entered into force on 1 January the ” GPA”. The Parties to the GPA are: Negotiations to that end were launched in The purpose of the negotiations was three-fold: Negotiations have been conducted by the Commission.

The Council was regularly informed orally and in writing about the state of play of the negotiations via the Trade Policy Committee.

In addition, co-ordination meetings with Member States were held prior each negotiating session in Geneva. However, the agreement of the negotiators was provisional in that it was subject to mutually satisfactory outcome of the negotiation on the expansion of coverage market access; the coverage of the Agreement is determined with regard to each Party in Appendix I to the GPA.

In Februarythe Council underlined in its conclusion[2] the importance of a successful and quick conclusion of the then on-going revision of the GPA.

It stated that the revision batimnt lead to an overall improvement of access to the procurement markets among GPA members, removing the existing imbalance. The Protocol will enter into force for those Parties to the GPA that have deposited their respective instruments of acceptance of this Protocol, on the 30th day following such deposit by two thirds of the Parties to the GPA.

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Thereafter this Protocol will enter into force for each Party to the GPA, which has deposited its instrument of acceptance of this Protocol, on the 30th day following the date of such deposit. These Decisions form part of the negotiated balance and reflect the GPA Parties commitment to start implementing certain provisions of the revised GPA, as soon as the Protocol enters into force. It was agreed that the Committee at its first meeting after the entry into force of the Protocol would take a decision confirming the political commitment to adopt those Decisions, with an effect as of the date of the entry into force of the Protocol.

As both the Protocol and these Decisions are the object of the political agreement adopted in Marchthey form part of the same package for the purpose of EU ratification of the GPA revision. However as the Committee Decisions are subject to a different internal decision making procedure than the Protocol, a separate Commission proposal is needed with regard to those Decisions. It should be recalled that the Agreement does not automatically apply to all government procurement of the Parties.

Appendix II to the Agreement lists the publications where Parties make available the applicable procurement rules and procedures. Appendix III lists the publications where Parties make available notices of intended procurement. Appendix IV lists the publications where Parties make available notices concerning awarded contracts and statistics.

The revised GPA text provides for a higher level of clarity and transparency and guarantees equal footing in procurement procedures to suppliers, supplies and services originating in GPA Parties.

To that aim, the EU successfully sought to re-structure the text of the revised GPA in order to follow the sequential order of a procurement procedure and to bring the text closer to the EU procurement directives.

As a consequence, the new revised text is a substantial improvement in terms of readability and clarity of its provisions, making them more user-friendly. Furthermore, to allow for an effective opening of the procurement markets of the other GPA Parties, the revised text entails complete new provisions which constitute a significant improvement of the conditions of participation of the EU suppliers abroad. The GPA Parties will be required to set up a free of charge and centralised electronic database which will include procurement notices published by Ministries and other central procurement entities.

The new obligations are largely inspired by the EU model, as the EU maintains a free of charge single data base called Tender Electronic Daily- TED- where all procurement notices are made available. This will result in procurement opportunities in all GPA Parties being made more accessible. The revised GPA contains clearer rules on the selection of suppliers, allowing for more competition: Also, permanent lists of suppliers maintained by procuring entities shall be opened to suppliers not registered in the lists, allowing for more competition in the markets.

The revision of the GPA also leads to the introduction of electronic procurement: They include the possibility to use electronic auctions. Also, the use of electronic means allows for more flexibility in the procedures, including shorter deadlines in the procedures.

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The revised GPA text includes new provisions for developing countries wishing to join the Agreement. This is particularly important as the GPA has a limited number of members, most of them being developed economies. To encourage developing countries to join they can benefit under the revised text from a set of transitional measures such as higher thresholds, phasing in of entities and sectors aiming at facilitating the transition to an open economy facing foreign competition.

Another important element relates to the conditions under which a procuring entity that has been included in a Party’s commitments can be withdrawn from the scope of the GPA. The move from the previous cumbersome system of modifications of coverage to a clearer one was among the most difficult issues to agree on, and constitutes one of the most important changes in the new text, much to the advantage of the EU. The EU has obtained that the current obligations regarding statistical reporting are more simple and flexible.


This includes a limitation of the number of data to be provided, the possibility to provide estimates, and the introduction of a waiver of the obligations for the Parties like the EU who maintain a centralised database.

Finally, the EU has obtained that the Agreement explicitly provides for a simplified procedure Article XIX for the notification by a Party of rectifications and modifications of its Annexes to Appendix I coverage. This means that in cases of any rectification, transfer of an entity from one Annex to the other, withdrawal of an entity and in case of any other modification, it would no longer be necessary to resort to the formal amendment procedure set out in Article XXII.

It is proposed that the Commission is authorized to submit to the Committee on Government procurement any proposal for rectification and modification of the EU Annexes to Appendix I.

This would be consistent with the practise existing under the current GPA. The negotiations resulted in a significant extension of the coverage of the GPA. The additions to the coverage reach according to estimates of the WTO 80 billion Euro. The EU secured roughly 30 billion Euro of additional market access opportunities for the European companies. In comparison to the GPA, all Parties that have sub-central level of government are now offering coverage to varying degrees.

All Parties offer now the entire category of construction services works. The European Parliament will be called upon to give its consent to the conclusion of the Protocol. This proposal cpurs no implications for the EU budget. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 4 first subparagraph, in conjunction with Article 6 a v and Article 7 thereof.

The political agreement was confirmed through the adoption of the Decision on the outcomes of the negotiations by the GPA Committee on 30 March The President of the Council shall designate the person s empowered to deposit, on behalf of the Union, the instrument of acceptance, as specified in paragraph 3 of the Protocol in order to express the consent of the Union to be bound by the Protocol.

This Protocol shall not be construed as conferring rights or imposing obligations which can be directly invoked in the Union or Member State courts. For the purpose of notifying rectification and ce of coverage, in accordance with Article XIX of the Agreement, the European Commission is authorized to notify to the Batimeng of the Agreement on Government Procurement any rectification or modification of the list of entities covered under EU Annexes to Appendix I, on the basis of relevant information from Member States.

This Decision shall enter into force on the day of its adoption.

It shall be published in the Re Journal of the European Union. The date of entry into force of the Protocol shall be published in the Official Journal of the European Union. The Parties to the Agreement on Government Procurement, done at Marrakesh on 15 Aprilhereinafter referred batimnet as “the Agreement”. This Protocol mttr enter into force for those Parties to the Agreement that have deposited their respective instruments of acceptance of this Protocol, on the 30th day following such deposit by two thirds of the Parties to the Agreement.

Thereafter this Protocol shall enter into force for each Party to the Agreement which has deposited its instrument of acceptance of this Protocol, on the 30th day following the date of such deposit. This Protocol shall be deposited with the Director-General of the WTO, who shall promptly furnish bayiment each Party to the Agreement a certified true copy of this Protocol, and a notification of each btaiment thereof. This Protocol shall be registered in accordance with the provisions of Article of the Charter of the United Nations.

Done at Geneva this 30th day of March two thousand and twelve in a single copy, in the English, French and Spanish languages, each text being authentic, except as otherwise specified with respect to the Appendices hereto.

Recognizing the need for an effective multilateral framework for government procurement, with a view to achieving greater liberalization and expansion of, and improving the framework for, the conduct of international trade.

Recognizing that measures regarding government procurement should not be prepared, adopted or applied so as to afford protection to domestic suppliers, goods or services, or to discriminate among foreign suppliers, goods or services. Recognizing that the integrity and predictability of government procurement systems are integral to the efficient and effective management of public resources, the performance of the Parties’ economies and the functioning of the multilateral trading system.

Recognizing that the procedural commitments under this Agreement should be sufficiently flexible to accommodate the specific circumstances of each Party. Recognizing the need to take into account the development, financial and trade needs of developing countries, in particular the least developed countries.

Recognizing the importance of transparent measures regarding government procurement, of carrying out procurements in a transparent and impartial manner and of avoiding conflicts of interest and corrupt practices, in accordance with applicable international instruments, such as the United Nations Convention Against Corruption.

Recognizing the importance of using, and encouraging the use of, electronic means for procurement covered by this Agreement. In the case of a separate customs territory that is a Party to this Agreement, where an expression in this Agreement is qualified by the term “national”, such expression shall be read as pertaining to that customs territory, unless otherwise specified.


It may include electronically transmitted and stored information. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a good, service, process or production method. This Agreement applies to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. For the purposes of this Agreement, covered procurement means procurement for governmental purposes:.

Except where provided otherwise in a Party’s annexes to Appendix I, this Agreement does not apply to:. Where a procuring entity, in the context of covered procurement, requires persons not covered under a Coues annexes to Appendix I to procure in accordance with particular requirements, Article IV shall apply mutatis mutandis to such requirements.

In estimating the value of a procurement for the purpose of ascertaining whether it coirs a covered procurement, a procuring entity shall:.

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Where an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts hereinafter referred to as “recurring contracts”corus calculation of the estimated maximum total value shall be based on:. In the case of procurement by lease, rental or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:. Nothing in this Agreement shall be construed to prevent any Party from taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.

Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent any Party from imposing or enforcing measures:.

With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of any other Party and to the suppliers of any other Party offering the goods or services of any Party, treatment no less favourable than the treatment the Party, including its procuring mtg, accords to:.

With respect to any measure regarding covered procurement, d Party, including its procuring entities, shall not:. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:.

For purposes of covered procurement, a Party shall not apply rules of origin to goods or services imported from or supplied from another Party that are different from the rules of origin the Party applies at the same time in the curs course of trade to imports or supplies of the same goods or services from the same Party.

With regard to covered procurement, a Party, including its procuring entities, shall not seek, take account of, impose or enforce any offset. Paragraphs 1 and 2 shall not apply to: In negotiations on accession to, and in the implementation and administration of, this Agreement, the Parties shall give special consideration to the development, financial and trade needs and circumstances of developing countries and least developed countries collectively referred to hereinafter as “developing countries”, unless specifically identified otherwiserecognizing that these may differ significantly from country to country.

As provided for in this Article and on request, the Parties shall accord special and differential treatment to:. Upon accession by a developing country to this Agreement, each Party shall provide immediately to the goods, services and coura of that country the most favourable coverage that the Party provides under its annexes to Appendix I to any other Party batimenf this Agreement, subject to any terms negotiated between the Party and the developing country in order to maintain an appropriate balance of opportunities under this Agreement.

Based on its development needs, and with the agreement of the Parties, a developing country may adopt or maintain one or more of the following transitional measures, during a transition period and in accordance with a schedule, set out in its relevant annexes to Appendix I, and applied in a manner that does not discriminate among the other Parties:. In negotiations on accession to this Agreement, the Parties may agree to the delayed application of any specific obligation in this Agreement, other than Article IV: The implementation period shall be:.

Any developing country that has negotiated an implementation period for an obligation under paragraph 4 shall list in its Annex 7 to Appendix I the agreed implementation period, the specific obligation subject to the implementation period and any interim obligation with which it has agreed to comply during the implementation period.

After this Agreement has entered into force for a developing country, the Committee, on request of the developing country, may:. A dr country that has negotiated a transitional measure under paragraph 3 or 6, an implementation period under paragraph 4 or any extension under paragraph 6 shall couts such steps during the transition period or implementation period as may be necessary to ensure that it is in compliance with this Agreement at the end of any such period.