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