Agreement on Government Procurement: Difference between revisions
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{{Short description|World Trade Organization agreement}} |
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{{Use dmy dates|date=October 2023}} |
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{{Infobox Treaty |
{{Infobox Treaty |
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|name = Agreement on Government Procurement |
|name = Agreement on Government Procurement |
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|long_name = |
|long_name = |
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|image = |
|image =GovernmentProcurementAgreement.svg |
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|image_width =350 |
|image_width =350 |
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|caption =Parties to the Marrakesh |
|caption =Parties to the Marrakesh Agreement, as amended: <br>{{legend|#c04abc|Parties}} {{legend|#419d78|Observers negotiating accession}} {{legend|#e0a458|Observers only}} |
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|type = |
|type = |
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|date_drafted = |
|date_drafted = |
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|date_signed = 12 |
|date_signed = 12 April 1979 (Geneva)<br />2 February 1987 (amendment)<br />15 April 1994 (Marrakesh)<br>30 March 2012 (amendment) |
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|location_signed = Geneva (1979), Marrakesh (1996) |
|location_signed = [[Geneva]] (1979), [[Marrakesh]] (1996) |
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|date_sealed = |
|date_sealed = |
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|date_effective = |
|date_effective = 1 January 1981 (Geneva)<br/>14 February 1988 (amendment)<br/>1 January 1996 (Marrakesh)<br/>6 April 2014 (amendment) |
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|condition_effective = |
|condition_effective = |
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|date_expiration = |
|date_expiration = |
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|signatories = |
|signatories = |
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|parties = 12 (Geneva, as amended)<br/> |
|parties = 12 (Geneva, as amended)<br/>21 (Marrakesh, as amended) |
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|depositor =Director-General of the World Trade Organization |
|depositor =Director-General of the World Trade Organization |
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|language = |
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|languages =English, French and Spanish |
|languages =English, French and Spanish |
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|wikisource = |
|wikisource = |
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The '''Agreement on Government Procurement''' ('''GPA''') is a [[plurilateral agreement]] under the auspices of the [[World Trade Organization]] (WTO) which regulates the [[Government procurement|procurement]] 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 on Government Procurement''' ('''GPA''') is a [[plurilateral agreement]] under the auspices of the [[World Trade Organization]] (WTO) which regulates the [[Government procurement|procurement]] of goods and services by the public authorities of the parties to the agreement, based on the principles of openness, transparency and non-discrimination. |
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The agreement was originally established in 1979 as the Tokyo Round |
The agreement was originally established in 1979 as the "Tokyo Round Government Procurement Code",<ref>World Trade Organization, [https://www.worldtradelaw.net/document.php?id=tokyoround/procurementcode.pdf Agreement on Government Procurement ("Tokyo Round Government Procurement Code")], ''WorldTradeLaw.net'', 12 April 1979, accessed on 19 June 2024</ref> which entered into force in 1981 under the auspices of the [[General Agreement on Tariffs and Trade]].<ref name=wto>World Trade Organization, [https://www.wto.org/english/tratop_e/gproc_e/gp_gpa_e.htm Agreement on Government Procurement], accessed 1 July 2019</ref> It was then renegotiated in parallel with the [[Uruguay Round]] in 1994, and this version entered into force on 1 January 1996. |
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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. |
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==Parties== |
==Parties== |
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The following WTO Members are parties to the 1994 agreement:<ref name="WTO: Parties and observers to the GPA">{{cite web|url=http://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm#parties|title=Parties and observers to the GPA|publisher=WTO| |
The following WTO Members are parties to the amended 1994 agreement:<ref name="WTO: Parties and observers to the GPA">{{cite web|url=http://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm#parties|title=Parties and observers to the GPA|publisher=WTO|access-date=9 June 2016}}</ref> |
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{| class="wikitable |
{| class="wikitable |
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!style="width: |
!style="width: 75%;"| Parties |
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!| Accession date |
!| Accession date |
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| Canada || 1 January 1996 |
| {{flag|Canada}} || 1 January 1996 |
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| The [[European Union]] with respect to Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, |
| {{flagd|EU}} The [[European Union]] with respect to{{refn|name=UK|group=Note}} [[Austria]], [[Belgium]], [[Denmark]], [[Finland]], [[France]], [[Germany]], [[Greece]], [[Ireland]], [[Italy]], [[Luxembourg]], the [[Netherlands]], [[Portugal]], [[Spain]] and [[Sweden]] || 1 January 1996 |
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| Israel || 1 January 1996 |
| {{flag|Israel}} || 1 January 1996 |
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| Japan || 1 January 1996 |
| {{flag|Japan|1870}} || 1 January 1996 |
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| Norway || 1 January 1996 |
| {{flag|Norway}} || 1 January 1996 |
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| Switzerland || 1 January 1996 |
| {{flag|Switzerland}} || 1 January 1996 |
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| United States || 1 January 1996 |
| {{flag|United States}} || 1 January 1996 |
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| The Netherlands with respect to [[Aruba]] || 25 October 1996 |
| {{flagd|NED}} The Netherlands with respect to [[Aruba]] || 25 October 1996 |
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| {{flag|South Korea}} || 1 January 1997 |
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| {{flag|Hong Kong SAR}} || 19 June 1997 |
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| Liechtenstein || 18 September 1997 |
| {{flag|Liechtenstein}} || 18 September 1997 |
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| Singapore || 20 October 1997 |
| {{flag|Singapore}} || 20 October 1997 |
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| Iceland || 28 April 2001 |
| {{flag|Iceland}} || 28 April 2001 |
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|- |
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| The European Union with respect to Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia || 1 May 2004 |
| {{flagd|EU}} The European Union with respect to [[Cyprus]], the [[Czech Republic]], [[Estonia]], [[Hungary]], [[Latvia]], [[Lithuania]], [[Malta]], [[Poland]], the [[Slovakia|Slovak Republic]] and [[Slovenia]] || 1 May 2004 |
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| The European Union with respect to Bulgaria and Romania || 1 January 2007 |
| {{flagd|EU}} The European Union with respect to [[Bulgaria]] and [[Romania]] || 1 January 2007 |
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| {{flagd|ROC}} [[Chinese Taipei]]{{refn|Taiwan acceded to the WTO as the "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu", shortened as "Chinese Taipei"|group=Note}} || 15 July 2009 |
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|[[Chinese Taipei]]|| 15 July 2009 |
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| Armenia || 15 September 2011 |
| {{flag|Armenia}} || 15 September 2011 |
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| The European Union with respect to Croatia || 1 July 2013 |
| {{flagd|EU}} The European Union with respect to [[Croatia]] || 1 July 2013 |
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| Montenegro || 15 July 2015 |
| {{flag|Montenegro}} || 15 July 2015 |
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| New Zealand || 12 August 2015 |
| {{flag|New Zealand}} || 12 August 2015 |
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| {{flag|Ukraine}} || 18 May 2016 |
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| {{flag|Moldova}} || 14 June 2016 |
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| {{flag|Australia}} || 5 May 2019 |
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| {{flag|United Kingdom}}{{refn|name=UK|The agreement applied to the UK as part of its EU membership from 1 January 1996 until 31 December 2020 at the end of the [[Brexit withdrawal agreement#Transition_period|transition period]]|group=Note}} || 1 January 2021 |
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|{{flag|North Macedonia}}||30 October 2023 <ref>WTO, [https://www.wto.org/english/news_e/news23_e/gpro_30sep23_e.htm North Macedonia ratifies revised government procurement pact], published 30 September 2023, accessed 5 October 2023</ref> |
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'''Notes''' |
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⚫ | The following WTO Members have obtained [[observer status]] with respect to the GPA, with those marked with an asterisk (*) negotiating accession: Albania*, Argentina, Bahrain, Cameroon, Chile, China*, Colombia, Costa Rica, Georgia*, India, Indonesia, Jordan*, Kyrgyz Republic* |
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{{Reflist|group="Note"}} |
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===Observer status=== |
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⚫ | |||
⚫ | The following WTO Members have obtained [[observer 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*,<ref>World Trade Organization, [https://www.wto.org/english/news_e/news23_e/gpro_28sep23_e.htm Costa Rica submits application to join government procurement pact], published 28 September 2023, accessed 21 December 2023</ref> 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.<ref name="WTO: Parties and observers to the GPA" /> |
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In 2016, several commentators{{Who|date=November 2018}} suggested that following the [[Brexit|United Kingdom's departure from the European Union (EU)]], the UK would need to renegotiate to become a party to the GPA in its own right, as the UK's membership currently arises by virtue of its being a member of the EU.<ref>e.g. Cameron, A., [https://andersonstrathern.co.uk/news-insight/eu-referendum-public-procurement-law/ Brexit: What does it mean for public procurement?], 8 July 2016, accessed 11 September 2016</ref> |
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==Main principles== |
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In October 2018, ''[[Bloomberg L.P.|Bloomberg]]'' reported that some WTO members, including [[Moldova]], may block the UK's post-Brexit membership of the GPA or request concessions.<ref>Baschuk, B., [https://www.bloomberg.com/news/articles/2018-10-17/how-tiny-moldova-s-brexit-grudge-could-cost-u-k-1-7-trillion Moldova Grudge Could Cost U.K. Access to $1.7 Trillion Projects], published 17 October 2018, accessed 28 June 2019</ref> At the same time the United States and New Zealand also raised concerns about the UK's membership proposal "because its application was missing key information".<ref>Baschuk, B., [https://www.bloomberg.com/news/articles/2018-10-17/u-s-is-said-to-stall-u-k-bid-to-stay-in-1-7-trillion-market U.S. Stalls U.K. Bid to Stay in $1.7 Trillion Market], published 17 October 2018, accessed 28 June 2019</ref> On 27 February 2019, the WTO's GPA Committee made a decision on the UK’s accession, such that if the UK leaves the EU with no deal in place, the UK will ratify the GPA in its own name as soon as possible, and if there is a deal with the EU which provides for a transitional period of continued application of membership arrangements, UK membership within the context of the EU's membership would continue, and a further decision of the GPA Committee would be required to allow for UK accession at the end of the transitional period.<ref>[[Liam Fox|Fox, L.]], [https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-02-28/HCWS1365/ The UK’s accession to the Agreement on Government Procurement (GPA)], written statement to the [[House of Commons]], 28 February 2019, accessed 28 June 2019</ref> Ratification is subject to parliamentary approval under section 20 of the [[Constitutional Reform and Governance Act 2010]]. |
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The WTO states that the two "cornerstone" principles underlying the agreement are [[non-discrimination]] (in regard to the treatment of the goods and services from, and suppliers of, any other party to the agreement) and [[transparency in government|transparency]].<ref>World Trade Organization, [https://www.wto.org/english/tratop_e/gproc_e/gpa_overview_e.htm Overview of the Agreement on Government Procurement], accessed on 27 June 2024</ref> |
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==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: |
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*Annex 1: [[central government]] entities covered by the Agreement |
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*Annex 2: sub-central government entities covered by the Agreement |
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*Annex 3: other entities covered by the Agreement |
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*Annex 4: scope: goods |
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*Annex 5: scope: services |
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*Annex 6: scope: [[construction]] services |
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*Annex 7: general notes.<ref>WTO, [https://www.wto.org/english/tratop_e/gproc_e/gp_app_agree_e.htm Agreement on Government Procurement: Coverage Schedules], accessed 17 December 2023</ref> |
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== 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.<ref name=hkl>{{Cite web|url=http://www.hk-lawyer.org/content/wto-gpa-support-behind-suppliers%E2%80%99-back-government-tender-disputes|last=Chu|first=Joshua|title=WTO GPA- Support Behind Suppliers' Back in Government Tender Disputes {{!}} Hong Kong Lawyer|website=hk-lawyer.org|access-date=2020-03-11}}</ref> 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 a ''prima facie'' case for a bid challenge.<ref name=hkl /> |
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⚫ | |||
The UK applied the agreement as part of its EU membership from 1 January 1996. After [[Brexit|the UK left the EU]] on 1 February 2020, the agreement remained in force during the [[Brexit withdrawal agreement#Transition_period|transition period]] until 1 January 2021. Discussions about continued UK membership were initiated on 27 June 2018,<ref>WTO, [https://www.wto.org/english/news_e/news18_e/gpro_27jun18_e.htm Australia’s accession negotiations for government procurement pact reach milestone – Chair], accessed 24 September 2022</ref> and in October 2020, the UK was invited to become a party in its own right at the end of the transition phase.<ref>{{cite web|url=https://www.wto.org/english/news_e/news20_e/gpro_07oct20_e.htm|title=UK to join government procurement pact in its own right in the new year|work=WTO|access-date=16 January 2021|date=7 October 2020}}</ref> |
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==References== |
==References== |
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== External links == |
== External links == |
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* [http://www.wto.org/english/tratop_e/gproc_e/gp_gpa_e.htm |
*WTO, [http://www.wto.org/english/tratop_e/gproc_e/gp_gpa_e.htm Site covering the Agreement on Government Procurement (GPA)] |
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*[https://e-gpa.wto.org/ integrated Government Procurement Market Access Information Portal] (e-GPA), a single point of access to market access information, provided by the WTO |
*[https://e-gpa.wto.org/ integrated Government Procurement Market Access Information Portal] (e-GPA), a single point of access to market access information, provided by the WTO |
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*GATT, [https://www.wto.org/english/docs_e/legal_e/tokyo_gpr_e.pdf Text of the 1979 Agreement] |
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*GATT, [https://www.wto.org/english/tratop_e/gproc_e/gpa_rev_text_1988_e.pdf Revised agreement, 1988] |
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*WTO, [https://www.wto.org/english/docs_e/legal_e/gpr-94_e.pdf Text of the 1994 Agreement] |
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*WTO, [https://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf Text of the Agreement as amended on 30 March 2012] |
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{{World Trade Organization}} |
{{World Trade Organization}} |
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{{DEFAULTSORT:Agreement |
{{DEFAULTSORT:Agreement on Government Procurement}} |
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[[Category:World Trade Organization agreements]] |
[[Category:World Trade Organization agreements]] |
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[[Category:Agreement on Government Procurement]] |
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[[Category:Treaties concluded in 1994]] |
[[Category:Treaties concluded in 1994]] |
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[[Category:Treaties concluded in 1979]] |
[[Category:Treaties concluded in 1979]] |
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[[Category:Treaties of Moldova]] |
[[Category:Treaties of Moldova]] |
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[[Category:Treaties of Montenegro]] |
[[Category:Treaties of Montenegro]] |
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[[Category:Treaties of North Macedonia]] |
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[[Category:Treaties of Norway]] |
[[Category:Treaties of Norway]] |
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[[Category:Treaties of Singapore]] |
[[Category:Treaties of Singapore]] |
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[[Category:Treaties of Ukraine]] |
[[Category:Treaties of Ukraine]] |
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[[Category:Treaties of the United States]] |
[[Category:Treaties of the United States]] |
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[[Category:Treaties of the United Kingdom]] |
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[[Category:Treaties extended to Aruba]] |
[[Category:Treaties extended to Aruba]] |
Latest revision as of 00:54, 22 November 2024
Signed | 12 April 1979 (Geneva) 2 February 1987 (amendment) 15 April 1994 (Marrakesh) 30 March 2012 (amendment) |
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Location | Geneva (1979), Marrakesh (1996) |
Effective | 1 January 1981 (Geneva) 14 February 1988 (amendment) 1 January 1996 (Marrakesh) 6 April 2014 (amendment) |
Parties | 12 (Geneva, as amended) 21 (Marrakesh, as amended) |
Depositary | Director-General of the World Trade Organization |
Languages | English, French and Spanish |
The Agreement on Government Procurement (GPA) is a plurilateral agreement under the auspices of the World Trade Organization (WTO) which regulates the procurement 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 the General Agreement on Tariffs and Trade.[2] It was then renegotiated in parallel with the Uruguay 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
[edit]The following WTO Members are parties to the amended 1994 agreement:[3]
Parties | Accession date |
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Canada | 1 January 1996 |
The European Union with respect to[Note 1] Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain and Sweden | 1 January 1996 |
Israel | 1 January 1996 |
Japan | 1 January 1996 |
Norway | 1 January 1996 |
Switzerland | 1 January 1996 |
United States | 1 January 1996 |
The Netherlands with respect to Aruba | 25 October 1996 |
South Korea | 1 January 1997 |
Hong Kong SAR | 19 June 1997 |
Liechtenstein | 18 September 1997 |
Singapore | 20 October 1997 |
Iceland | 28 April 2001 |
The European Union with respect to Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia | 1 May 2004 |
The European Union with respect to Bulgaria and Romania | 1 January 2007 |
Chinese Taipei[Note 2] | 15 July 2009 |
Armenia | 15 September 2011 |
The European Union with respect to Croatia | 1 July 2013 |
Montenegro | 15 July 2015 |
New Zealand | 12 August 2015 |
Ukraine | 18 May 2016 |
Moldova | 14 June 2016 |
Australia | 5 May 2019 |
United Kingdom[Note 1] | 1 January 2021 |
North Macedonia | 30 October 2023 [4] |
Notes
- ^ a b The agreement applied to the UK as part of its EU membership from 1 January 1996 until 31 December 2020 at the end of the transition period
- ^ Taiwan acceded to the WTO as the "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu", shortened as "Chinese Taipei"
Observer status
[edit]The following WTO Members have obtained observer 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]
Main principles
[edit]The WTO states that the two "cornerstone" principles underlying the agreement are non-discrimination (in regard to the treatment of the goods and services from, and suppliers of, any other party to the agreement) and transparency.[6]
Coverage
[edit]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.[7]
Review Body on Bid Challenges
[edit]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.[8] 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 a prima facie case for a bid challenge.[8]
UK membership after Brexit
[edit]The UK applied the agreement as part of its EU membership from 1 January 1996. After the UK left the EU on 1 February 2020, the agreement remained in force during the transition period until 1 January 2021. Discussions about continued UK membership were initiated on 27 June 2018,[9] and in October 2020, the UK was invited to become a party in its own right at the end of the transition phase.[10]
References
[edit]- ^ World Trade Organization, Agreement on Government Procurement ("Tokyo Round Government Procurement Code"), WorldTradeLaw.net, 12 April 1979, accessed on 19 June 2024
- ^ World Trade Organization, Agreement on Government Procurement, accessed 1 July 2019
- ^ a b "Parties and observers to the GPA". WTO. Retrieved 9 June 2016.
- ^ WTO, North Macedonia ratifies revised government procurement pact, published 30 September 2023, accessed 5 October 2023
- ^ World Trade Organization, Costa Rica submits application to join government procurement pact, published 28 September 2023, accessed 21 December 2023
- ^ World Trade Organization, Overview of the Agreement on Government Procurement, accessed on 27 June 2024
- ^ WTO, Agreement on Government Procurement: Coverage Schedules, accessed 17 December 2023
- ^ a b Chu, Joshua. "WTO GPA- Support Behind Suppliers' Back in Government Tender Disputes | Hong Kong Lawyer". hk-lawyer.org. Retrieved 11 March 2020.
- ^ WTO, Australia’s accession negotiations for government procurement pact reach milestone – Chair, accessed 24 September 2022
- ^ "UK to join government procurement pact in its own right in the new year". WTO. 7 October 2020. Retrieved 16 January 2021.
External links
[edit]- WTO, Site covering the Agreement on Government Procurement (GPA)
- integrated Government Procurement Market Access Information Portal (e-GPA), a single point of access to market access information, provided by the WTO
- GATT, Text of the 1979 Agreement
- GATT, Revised agreement, 1988
- WTO, Text of the 1994 Agreement
- WTO, Text of the Agreement as amended on 30 March 2012
- World Trade Organization agreements
- Agreement on Government Procurement
- Treaties concluded in 1994
- Treaties concluded in 1979
- Treaties entered into force in 1981
- Treaties entered into force in 1996
- Government procurement
- Treaties of Armenia
- Treaties of Australia
- Treaties of Canada
- Treaties entered into by the European Union
- Treaties of Hong Kong
- Treaties of Iceland
- Treaties of Israel
- Treaties of Japan
- Treaties of South Korea
- Treaties of Liechtenstein
- Treaties of Moldova
- Treaties of Montenegro
- Treaties of North Macedonia
- Treaties of Norway
- Treaties of Singapore
- Treaties of Switzerland
- Treaties of Taiwan
- Treaties of Ukraine
- Treaties of the United States
- Treaties of the United Kingdom
- Treaties extended to Aruba