SYSTEMATIC COMPILATION OF
NOTIFICATIONS UNDER THE
AGREEMENT ON GOVERNMENT PROCUREMENT
STATE‑OF‑PLAY AS OF 25 NOVEMBER 2025
NOTE BY THE SECRETARIAT[1]
Revision
This note systematically compiles documents[2]
relating to notifications under the Agreement on Government
Procurement (GPA), including with respect to (i) statistical reporting[3];
(ii) thresholds applicable under the Agreement[4];
(iii) national implementing legislation[5];
(iv) modifications and rectifications to coverage (Appendix I)[6]; and (v) modifications
of the information on the procurement systems listed in Appendix II, III, or
IV[7] to the
GPA.[8]
Additional information on notification obligations under the GPA 2012
can be found in the WTO Notifications Portal and the Technical Cooperation Handbook on Notification Requirements.
This document will
be updated periodically to reflect the latest developments.
Any questions,
comments or corrections of oversights regarding the foregoing may be addressed
to the Secretariat (reto.malacrida@wto.org and/or gpa@wto.org).
[1] This document has been prepared
under the Secretariat's own responsibility and is without prejudice to the
positions of Members or to their rights and obligations under the WTO.
[4] In accordance with the CGP Decision
on Modalities for Notifying Threshold Figures in National Currencies, each
Party is required to notify the value of the thresholds contained in its
coverage schedule (Appendix I) and specified in Special Drawing Rights (SDRs)
into its own national currency (_GPA/1, Annex 3 (05/03/1996)). The thresholds
expressed in national currencies are fixed for a period two years.
[5] Each Party is under an ongoing
non-periodic obligation to inform the CGP of any changes to its laws and
regulations relevant the GPA 2012 and in the administration of such laws
and regulations (GPA 2012 - Art. XXII:5). Under certain conditions and in cases
of non-substantive changes, the CGP Decision on "Notification Requirements
under Articles XIX and XXII of the Agreement" provides flexibility to
submit notifications on an annual basis (_GPA/113 – Annex A to Appendix 2 (02/04/2012)). See
also Article XXIV:5(b) of the GPA 1994.
In addition, a 1996 CGP Decision
(_GPA/1/Add.1 (27/06/1996)) requires that each
Party to the Agreement submit the complete texts of their basic legislation on
government procurement in the original language and a summary of this
legislation and other relevant legislation in one of the official WTO languages
to the WTO Secretariat. In addition, Parties are required to provide responses
to the checklist of issues regarding their national legislation and
institutional arrangements.
[6] Parties are under an ongoing
non-periodic obligation to notify the CGP of any proposed modification and
rectification to coverage (Appendix I) (Art. XIX:1 of the GPA 2012). Under
certain conditions, the CGP Decision on "Notification Requirements under
Articles XIX and XXII of the Agreement" provides flexibility to submit
notifications every two years (_GPA/113 – Annex A to Appendix 2 (02/04/2012)).
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 (Article XIX of the GPA 2012 and the Committee's Decision on
Arbitration Procedures (_GPA/139 (23/06/2016))).
See also the
Interim CGP Decisions related to modifications and rectifications to the
Appendices to the GPA 1994 before its entry into force (Decision of 17/01/1994
- _GPA/IC/3 (28/10/1994) and GPA/IC/2 – Annex 1 - (04/08/1994); _GPA/IC/W/3 (04/08/1994); and Decision of 29/06/1994 - GPA/IC/M/1 – Annex 2 (10/08/1994)).
[7] 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. Each party is under an ongoing non-periodic obligation to promptly
notify the CGP of any modification to the Party's information listed in
Appendix II, III or IV to the GPA 2012 (Art. VI:3 of the GPA 2012).
[8] Notification procedures during the
period of co-existence of the GPA 1994 and GPA 2012 (i.e. from 06/04/2014 to 31/12/2020): With respect to
notifications concerning national implementing legislation and statistics, a
consensus emerged in the CGP that those Parties for whom the GPA 2012 had come
into effect need not make parallel notifications under the GPA 1994. A similar
practice had been implemented for the notifications of thresholds in national
currencies, except where different threshold values applied under the
GPA 1994 and the GPA 2012. The above understanding also did not apply with
respect to modifications to coverage (Appendix I) and of information on the
procurement system listed in Appendix II, III, and IV, which remain subject to
notification requirements under both the GPA 1994 and the GPA 2012. See para.
5.2 of _GPA/134 (16/11/2015).