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.
 Parties to the Marrakesh Agreement, as amended: Parties Observers negotiating accession Observers only | |
| Signed | 12 April 1979 (Geneva) 2 February 1987 (amendment) 15 April 1994 (Marrakesh) 30 March 2012 (amendment) |
|---|---|
| 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 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
editThe following WTO Members are parties to the amended 1994 agreement:[3]
| Parties | Accession date |
|---|---|
 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
editThe 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
editThe 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
editProcuring 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
editThe 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
editThe 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