Committee on Government Procurement - Report 2024

REPORT (2024) OF THE COMMITTEE ON GOVERNMENT PROCUREMENT


Table of Contents

1   Introduction.. 2

2   Matters related to the Administration, Implementation, and
Operation of the Agreement
. 3

2.1   Procedures for the circulation, derestriction and translation of GPA-related documents. 3

2.2   Adoption of a new format for Appendices II to IV to the GPA 2012. 3

2.3   Enhancing information-sharing in the Committee. 4

2.4   Regulatory and legislative developments. 4

2.4.1   The United States' implementation of its "Build America, Buy America Act" (BABA Act) 4

2.4.2   Developments in Switzerland. 4

2.5   e-GPA Gateway: enhancing transparency and accessibility of GPA market access information. 4

2.6   Decision or action requirements contained in the GPA 2012 or related Committee decisions. 5

2.7   Consultations and dispute settlement 6

3   Accessions to the Agreement, Observership in the Committee and Secretariat Technical Assistance. 6

3.1   Accessions to the Agreement 6

3.1.1   Accession negotiations with significant advances during the reporting period. 6

3.1.2   Continued discussions on other pending accessions. 7

3.1.3   Additional pending accessions with prolonged inactivity and accession commitments. 9

3.2   Observership in the Committee. 11

3.3   Relevant technical assistance activities by the Secretariat 11

4   The Committee's Agreed Work Programmes. 12

4.1   Active Work Programmes. 12

4.1.1   Work Programme on SMEs. 12

4.1.2   Work Programme on Sustainable Procurement 13

4.1.3   Work Programme on the Collection and Reporting of Statistical Data. 13

4.2   Other Work Programmes. 14

5   Notifications Under the Agreement. 14

5.1   Reporting of Statistics. 14

5.2   Thresholds in Appendix I to the GPA 2012 expressed in national currencies. 15

5.3   Domestic legislation relevant to the Agreement 16

5.4   Notifications relating to the Appendices to the GPA 2012. 17

5.4.1   Modifications and rectifications to coverage (Appendix I) 17

5.4.2   Modifications of information on the procurement system listed in Appendix II, III or IV. 17

1  Introduction

1.  This Annual Report is issued pursuant to Article IV:8 of the Marrakesh Agreement Establishing the World Trade Organization and Article XXI:3 of the Agreement on Government Procurement (GPA) as amended by the Protocol Amending the Agreement on Government Procurement, done at Geneva on 30 March 2012 (the "Agreement" or the "GPA 2012").[1],[2]

2.  This Report covers the period since the Committee's previous Annual Report (2023)[3], i.e. from the beginning of December 2023 to the end of November 2024. Since the date of circulation of its previous Annual Report, the Committee held four formal meetings on 20 March 2024; 12 June 2024; 9 October 2024; and 27 November 2024 (the end-of-year meeting).[4] Along with the formal meetings, the Committee also convened a series of informal meetings focussed on matters related to the administration, implementation, and operation of the Agreement; accessions to the Agreement; and the Committee's agreed Work Programmes. Both the formal and informal meetings were chaired by Mr Martin Zbinden (Switzerland).[5]

3.  Significant progress was achieved during the reporting period across several key areas of the Committee's regular work. Among the highlights, GPA accessions negotiations continued apace, notably with Albania and Costa Rica making substantial strides towards becoming GPA Parties. In addition, Timor-Leste joined the Committee as an observer, less than a month after joining the WTO as a new Member.[6] Substantial efforts were made to advance the work on the Committee's agreed Work Programmes on (i) Sustainable Procurement, (ii) the Collection and Reporting of Statistical Data, and (iii) Small and Medium-sized Enterprises (SMEs).[7] In this context, and marking a major development, the Committee adopted a Report on Best Practices for Promoting and Facilitating the Participation of SMEs in Government Procurement (_GPA/CD/6). This constituted the first published result since the launch of the Work Programme on SMEs. In addition, the Committee noted the development of two catalogues covering green government procurement‑related provisions that certain Parties have (i) implemented in domestic laws and policies, and (ii) included in international instruments, with instructions to the Secretariat to publish the information that they contain on the WTO GPA website. Another systemically significant development was the approval by the Committee of a new and improved format for Appendices II‑IV to the GPA 2012. The new Appendices II to IV came into effect on 1 November 2024. The Committee also continued its initiative to organize information-sharing workshops by holding its second such event in March 2024. That workshop focused on digital advances that support trade and competition in government procurement. Finally, several Parties submitted timely notifications to the Committee. The Committee dedicated time to discussing some of these, thus underscoring the significance that it attaches to transparency.

4.  Another highlight unrelated to regular work was the Committee's celebration of the tenth anniversary of the entry into force of the GPA 2012. The delegations of Australia, the European Union, Switzerland and the United States, with the support of the Secretariat, organized an event that featured two panel discussions. The first panel reflected on the history of the GPA 1994 renegotiation and the creation of the GPA 2012, while the second explored its future trajectory.[8] The event was open to the public and live-streamed.[9]

5.  The following Sections of this Report deal with the work undertaken by the Committee during the reporting period, specifically on (i) matters related to the administration, implementation, and operation of the Agreement; (ii) accessions to the Agreement; (iii) the Committee's agreed Work Programmes; and (iv) notifications made pursuant to the Agreement.

6.  For a comprehensive overview of documents concerning the work of the Committee, please refer to the recently circulated systematic compilation by the Secretariat (_GPA/S/4/Rev.1).



[1] The following 49 WTO Members are covered by the Agreement: Armenia; Australia; Canada; the European Union, with its 27 member States (all of which are covered by the Agreement, as one Party); Hong Kong, China; Iceland; Israel; Japan; the Republic of Korea ("Korea"); Liechtenstein; the Republic of Moldova ("Moldova"); Montenegro; Netherlands with respect to Aruba; New Zealand; North Macedonia; Norway; Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ("Chinese Taipei"); Ukraine; the United Kingdom; and the United States.

[2] Thirty-six WTO Members/WTO observers have observer status in the Committee on Government Procurement. They are Afghanistan; Albania; Argentina; the Kingdom of Bahrain; Belarus; Brazil; Cameroon; Chile; China; Colombia; Costa Rica; Côte d'Ivoire; the Dominican Republic; Ecuador; Georgia; India; Indonesia; Jordan; Kazakhstan; the Kyrgyz Republic; Malaysia; Mongolia; Oman; Pakistan; Panama; Paraguay; the Philippines; the Russian Federation; the Kingdom of Saudi Arabia; Seychelles; Sri Lanka; Tajikistan; Thailand; Timor-Leste; Türkiye; and Viet Nam. Five intergovernmental international organizations, namely the European Bank for Reconstruction and Development (EBRD); the International Monetary Fund (IMF); the International Trade Centre (ITC); the Organization for Economic Co-operation and Development (OECD); and UN Trade and Development (UNCTAD), also have observer status in the Committee.

[3] _GPA/AR/6.

[4] GPA/M/89, GPA/M/90, _GPA/M/91, and GPA/M/92 (to be circulated).

[5] At its formal meeting of 20 March 2024, the Committee re-elected Mr Zbinden as Chair until the end of the first regular meeting of the Committee in 2025, with effect from the conclusion of the Committee's March 2024 formal meeting. GPA/M/89, para. 1.9.

[7] See Section 4 below.

[8] For a written summary of the event, see GPA/W/355 (to be circulated).

[9] The recording of the event in the three WTO official languages is available at: WTO | GPA 2012 Tenth anniversary session