PROCEDURES
FOR THE CIRCULATION AND DERESTRICTION OF DOCUMENTS
OF THE COMMITTEE ON GOVERNMENT PROCUREMENT
Decision
of the Committee on Government Procurement of 26 November 2025
The Committee on Government Procurement (the "Committee"),
Having regard to the Decision on Procedures for the Circulation and Derestriction of WTO
Documents of 14 May 2002 (_WT/L/452) and Article XXI of the Agreement on
Government Procurement as amended by the Protocol
Amending the Agreement on Government Procurement, done at Geneva on 30 March
2012 (the "amended Agreement (2012)"), and Article II:3 of the Marrakesh Agreement Establishing the World Trade
Organization,
Having regard to the Decision on
Procedures for the Circulation and Derestriction of Documents of the
Committee on Government Procurement of 8 October 2002 (_GPA/72, the "2002 Decision"), and
in particular its paragraph 5,
Considering that there is a need to modify the 2002 Decision in the light of the
experience gained from its operation and to reflect the entry into force of the
amended Agreement (2012),
Emphasizing the importance of transparency in the functioning of the Committee,
Decides as follows:
1._
All official documents of
the Committee and of any subsidiary body established by it[1] shall be unrestricted. In
addition, the following unofficial documents shall be unrestricted: annotated
agendas for meetings and reports by the Chair to formal meetings.
2._
Notwithstanding the provisions
of paragraph 1,
(a)_
any Party may submit a document
as restricted, which shall be automatically derestricted after its first
consideration by the relevant body or 60 days after the date of circulation,
whichever is earlier, unless requested otherwise by that Party.[2] In the latter case, the
document may remain restricted for further periods of 30 days, subject to
renewed requests by that Party within each 30-day period. The Secretariat
shall remind Parties of such deadlines and derestrict the document in the
absence of a contrary request by the Party that submitted the document. Any document may be derestricted at any time during the
restriction period at the request of the Parties concerned;
(b)_
minutes and summaries of
meetings (including records, reports and notes) shall be restricted and shall
be automatically derestricted 30 days after the date of circulation[3];
(c)_
documents relating to
modifications and rectifications to coverage pursuant to Article XIX of
the amended Agreement (2012) shall be automatically derestricted upon
circulation;
(d)_
official documents related to
arbitrations under Article XIX:7 of the amended Agreement (2012) and
circulated in the GPA/ARB-series, which contain information designated as
confidential by the submitting Party under the Decision on Arbitration
Procedures Pursuant to Article XIX:8 of the Revised GPA of 22 June 2016 (_GPA/139), and any amended versions of the Decision contained in GPA/139[4], shall be restricted. These documents shall be derestricted after redaction by
the submitting Party of the information designated as confidential;
(e)_
documents relating to any
further negotiations pursuant to Article XXII:7 of the amended Agreement (2012)
shall be restricted and the Committee will consider their derestriction five
years after the entry into force of the further amended Agreement or new
Agreement for all Parties;
(f)_
documents relating to any
accession shall be restricted and shall be automatically derestricted upon the entry
into force of the amended Agreement (2012) for the WTO Member concerned; and
(g)_
documents relating to the
Committee's work programmes pursuant to Article XXII:8 of the amended Agreement
(2012) shall be restricted and shall be automatically derestricted after their
first consideration by the Committee or 60 days after the date of circulation,
whichever is earlier, unless requested otherwise by the Party submitting the
document. In the latter case, the document may remain restricted for further
periods of 30 days, subject to renewed requests by that Party within each
30-day period. The Secretariat shall remind Parties of such deadlines and
derestrict the documents in the absence of a contrary request by the Party that
submitted the document. Any document may be derestricted at any time during the
restriction period at the request of the Parties concerned.
3._
Translation of official
documents of the Committee in all three official WTO languages (English, French
and Spanish) shall be completed expeditiously. Once translated into all three
official WTO languages, all official documents of the Committee that are not
restricted shall be made available via the WTO website to facilitate their
dissemination to the public at large.[5]
4._
The 2002 Decision shall be superseded with regard to all documents of the
Committee circulated after the date of adoption of the present Decision.
5._
In the light of the experience
gained from the operation of these procedures and changes in any other relevant
procedures under the WTO, the Committee will, at an appropriate time, review
and if necessary modify the procedures.
__________
[1] For the purposes of this Decision, an official document shall be
any document submitted by a WTO Member or an international intergovernmental
organization with observer status in the Committee or prepared by the
Secretariat to be circulated in the following WTO document series: GPA‑series (including
official documents related to arbitrations under Article XIX:7 of the amended Agreement
(2012) and circulated in the GPA/ARB-series) and ICN/GPA series. Where a new
subseries under the GPA/ document series is created, it shall be covered by the
present Decision, unless the Committee decides otherwise, taking into
account the present Decision. It is understood that "official
documents related to arbitrations under Article XIX:7 of the amended Agreement
(2012) and circulated in the GPA/ARB-series" includes the invocation of
arbitration procedures, the appointment of arbitrators, arbitration reports,
and notifications of any mutually agreed solutions.
[2] However, any document that contains only information that is
publicly available or information that is required to be published under the
provisions of Article VI:1 of the amended Agreement (2012) shall be
unrestricted.
[3] It is understood that, normally, minutes and summaries of meetings
(including records, reports and notes) shall be circulated within three weeks
after a meeting of the Committee and not later than the notice convening the
following meeting of the Committee.
[4] The Committee will review its Decision contained in _GPA/139
and revise it if appropriate to ensure its consistency with the present
decision.
[5] Notwithstanding paragraph 3, any document that contains information
that is publicly available or information required to be published under
Article VI:1 of the amended Agreement (2012) shall continue to be made
available via the WTO website immediately in the original WTO language in which
it is written.