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Agreement on Government Procurement

From Wikipedia, the free encyclopedia
World Trade Organization agreement

Agreement on Government Procurement
Parties to the Marrakesh Agreement, as amended:
  Parties
  Observers negotiating accession
  Observers only
Signed12 April 1979 (Geneva)
2 February 1987 (amendment)
15 April 1994 (Marrakesh)
30 March 2012 (amendment)
LocationGeneva (1979),Marrakesh (1996)
Effective1 January 1981 (Geneva)
14 February 1988 (amendment)
1 January 1996 (Marrakesh)
6 April 2014 (amendment)
Parties12 (Geneva, as amended)
21 (Marrakesh, as amended)
DepositaryDirector-General of the World Trade Organization
LanguagesEnglish, French and Spanish

TheAgreement on Government Procurement (GPA) is aplurilateral agreement under the auspices of theWorld Trade Organization (WTO) which regulates theprocurement of goods and services by the public authorities of the parties to the agreement, based on the principles of openness, transparency and non-discrimination.

The agreement was originally established in 1979 as the "Tokyo Round Government Procurement Code",[1] which entered into force in 1981 under the auspices of theGeneral Agreement on Tariffs and Trade.[2] It was then renegotiated in parallel with theUruguay Round in 1994, and this version entered into force on 1 January 1996.

The text adopted in 1996 anticipated that there would be subsequent improvements. An understanding on the expected revisions was reached in December 2006, and the agreement was subsequently revised on 30 March 2012. The revised GPA came into effect on 6 July 2014 and has applied since 1 January 2021 to all members.

Parties

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The following WTO Members are parties to the amended 1994 agreement:[3]

PartiesAccession date
Canada1 January 1996
TheEuropean Union with respect to[Note 1]Austria,Belgium,Denmark,Finland,France,Germany,Greece,Ireland,Italy,Luxembourg, theNetherlands,Portugal,Spain andSweden1 January 1996
Israel1 January 1996
Japan1 January 1996
Norway1 January 1996
 Switzerland1 January 1996
United States1 January 1996
The Netherlands with respect toAruba25 October 1996
South Korea1 January 1997
Hong Kong SAR19 June 1997
Liechtenstein18 September 1997
Singapore20 October 1997
Iceland28 April 2001
The European Union with respect toCyprus, theCzech Republic,Estonia,Hungary,Latvia,Lithuania,Malta,Poland, theSlovak Republic andSlovenia1 May 2004
The European Union with respect toBulgaria andRomania1 January 2007
Chinese Taipei[Note 2]15 July 2009
Armenia15 September 2011
The European Union with respect toCroatia1 July 2013
Montenegro15 July 2015
New Zealand12 August 2015
Ukraine18 May 2016
Moldova14 June 2016
Australia5 May 2019
United Kingdom[Note 1]1 January 2021
North Macedonia30 October 2023[4]

Notes

  1. ^abThe agreement applied to the UK as part of its EU membership from 1 January 1996 until 31 December 2020 at the end of thetransition period
  2. ^Taiwan acceded to the WTO as the "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu", shortened as "Chinese Taipei"

Observer status

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The following WTO Members have obtainedobserver status with respect to the GPA, with those marked with an asterisk (*) negotiating accession: Afghanistan, Albania*, Argentina, Bahrain, Belarus, Brazil*, Cameroon, Chile, China*, Colombia, Costa Rica*,[5] Côte d'Ivoire, Ecuador, Georgia*, India, Indonesia, Jordan*, Kazakhstan*, Kyrgyz Republic*, Malaysia, Mongolia, Oman*, Pakistan, Panama, Paraguay, Philippines, Russia*, Saudi Arabia, Seychelles, Sri Lanka, Tajikistan*, Thailand, Turkey and Vietnam.[3]

Committee on Government Procurement

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Representatives from each WTO member which is a party to the Agreement serve on the Committee on Government Procurement, whose role is to oversee the agreement's implementation. WTO Members with observer status may attend committee meetings as an observer if they provide written notice of their participation. As of March 2025[update], Martin Zbinden of Switzerland is the chair of the committee.[6]

Main principles

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The WTO states that the two "cornerstone" principles underlying the agreement arenon-discrimination (in regard to the treatment of the goods and services from, and suppliers of, any other party to the agreement) andtransparency.[7]

Coverage

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Procuring entities bound by the Agreement vary by member state. Each member state has its own Appendix 1 which forms an integral part of the Agreement detailing how the agreement applies to their national procurement activities. Each Appendix 1 has seven annexes:

  • Annex 1:central government entities covered by the Agreement
  • Annex 2: sub-central government entities covered by the Agreement
  • Annex 3: other entities covered by the Agreement
  • Annex 4: scope: goods
  • Annex 5: scope: services
  • Annex 6: scope:construction services
  • Annex 7: general notes.[8]

Review Body on Bid Challenges

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The Review Body on Bid Challenges is a body set up in 1998 by party states in order to allow suppliers to challenge irregular government tenders.[9] The Review Body is independent and endeavors to process each case in an expeditious manner. The Review Body is also empowered to recommend Rapid Interim Measures (RIMs), which can be recommended within days where a Review Body finds aprima facie case for a bid challenge.[9]

UK membership after Brexit

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The UK applied the agreement as part of its EU membership from 1 January 1996. Afterthe UK left the EU on 1 February 2020, the agreement remained in force during thetransition period until 1 January 2021. Discussions about continued UK membership were initiated on 27 June 2018,[10] and in October 2020, the UK was invited to become a party in its own right at the end of the transition phase.[11]

References

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  1. ^World Trade Organization,Agreement on Government Procurement ("Tokyo Round Government Procurement Code"),WorldTradeLaw.net, 12 April 1979, accessed on 19 June 2024
  2. ^World Trade Organization,Agreement on Government Procurement, accessed 1 July 2019
  3. ^ab"Parties and observers to the GPA". WTO. Retrieved9 June 2016.
  4. ^WTO,North Macedonia ratifies revised government procurement pact, published 30 September 2023, accessed 5 October 2023
  5. ^World Trade Organization,Costa Rica submits application to join government procurement pact, published 28 September 2023, accessed 21 December 2023
  6. ^WTO,Committee on Government Procurement, accessed on 28 March 2025
  7. ^World Trade Organization,Overview of the Agreement on Government Procurement, accessed on 27 June 2024
  8. ^WTO,Agreement on Government Procurement: Coverage Schedules, accessed 17 December 2023
  9. ^abChu, Joshua."WTO GPA- Support Behind Suppliers' Back in Government Tender Disputes | Hong Kong Lawyer".hk-lawyer.org. Retrieved11 March 2020.
  10. ^WTO,Australia’s accession negotiations for government procurement pact reach milestone – Chair, accessed 24 September 2022
  11. ^"UK to join government procurement pact in its own right in the new year".WTO. 7 October 2020. Retrieved16 January 2021.

External links

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  1. Special administrative regions of the People's Republic of China, participating as "Hong Kong, China" and "Macao, China".
  2. Officially the Republic of China, participates as "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu", and "Chinese Taipei" in short.

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