. /.  WORLD TRADE  
ORGANIZATION  GPA/79 
19 July 2004  
 
(04-3073) 
Committee on Government Procurement  
   
 
MODALITIES FOR THE NEGOTIATIONS ON EXTENSION OF COVERAGE AND 
ELIMINATION OF DISCRIMINATORY MEASURES AND PRACTICES 
 
Decision of 16 July 2004
 
 
 
  The Committee agrees on the following modaliti es for the negotiations on the extension of 
coverage and elimination of discriminatory measures and practices:  Objectives  
 
 In accordance with Article XXIV:7(b) and (c),  the negotiations on these matters shall aim at: 
  (i) the greatest possible extension of coverage among all Parties on the basis of mutual 
reciprocity, having regard to the provisions  relating to developing countries;  and 
 
 (ii) the elimination of discriminatory measures and practices which distort open 
procurement. 
  The Parties recognize the interdependence be tween these two objectives, as well as the need 
to maximize clarity with regard to coverage and any remaining discriminatory measures and practices. 
 
Matters to be negotiated in the Committee as a whole  
 
 The Committee as a whole will address the provisions in the draft revised text of the Agreement referred to as "market access issues", as well as issues relating to the presentation and 
structure of the appendices to the Agreement, including: 
  - whether there should be furt her harmonization of thresholds; 
  - whether there should be a uniform level of coverage of the entities covered by the 
Agreement; 
  - whether Annex 1 should follow a positive or negative list approach; 
  - whether there should be greater harmoni zation of the way entities are described, in 
particular whether Annexes 2 and 3 should be  structured on the basis of categories of 
entities, for example as defined in the legisl ation of individual Parties or in terms of 
lists of individual entities; 
  - whether, in regard to services coverage in Annexes 4 and 5, further commonality of 
presentation is desirable and feasible, taki ng into account coverage and presentation 
under the GATS; 
 GPA/79 
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 - whether the General Notes in the Annex es can be simplified and made more easily 
understandable; 
  - other issues that may be raised by delegations.  
 The Committee shall initiate work on the above issues in autumn 2004.  Participants are 
invited to submit initial proposals rela ting to these matters by 31 August 2004. 
 
Matters to be largely negotiated bilaterally 
  Negotiations on the extension of coverage  of each Party's Appendix I as well as on the 
elimination of discriminatory measures and practic es in such Appendices will be largely pursued 
bilaterally but subject to monito ring by the Committee as a whole. 
  These negotiations shall be pursued as follows: 
 
 (i) by 30 November 2004, each Party sha ll table in writing its initial requests to any 
other Party and each Party shall aim to ta ble its initial offer by 1 March 2005 but not 
later than 1 May 2005; 
 
(ii) provision would then be made for rounds  of bilateral negotiations, leading to the 
presentation of revised and improved offers  by the end of October 2005.  These 
rounds of bilateral negotiations will normally  be arranged to take place back-to-back 
with meetings of the Committee. 
  The basis for these negotiations shall be the exis ting coverage of Parties as reflected in their 
respective Appendix I, subject to any rectifi cations and modifications notified pursuant to 
Article XXIV:6 of the GPA.  Parties concer ned will make every effort to resolve pending 
notifications.   Parties agree on the need to ensure collectiv e monitoring of the above bilateral negotiating 
process.  To this end: 
 
(i) the Secretariat shall circulate as restri cted documents to all other Parties initial 
official requests and offers as well as subsequent official revisions;  and 
 
(ii) regular stocktaking and review of the bilateral process will take place in the 
Committee. 
  Any observer government which has submitted an offer with a view to participating in the 
revised Agreement may participate in this aspect of the negotiations and receive copies of requests 
and offers circulated by the Secretariat.  Conclusion of the negotiations 
 
 Parties agree that the negotiations on extension of coverage and elimination of discriminatory 
measures as well as other aspects of the Article XXIV :7 negotiations aim to be concluded by the 
beginning of 2006. 
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