RESTRICTED  
  
GPA/TN1994/1/Rev.6  
26 November  1998 
(24-2656) Page: 1/29 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994   
 
* English only.  
         ** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs208) was derestricted on 8 November 2023.  
CHECKLIST OF ISSUES RAISED IN INFORMAL CONSULTATIONS REGARDING 
MODALITIES FOR THE REVIEW OF THE AGREEMENT ON  
GOVERNMENT PROCUREMENT*,** 
Revision  
Table of Contents  
A. AREAS TO BE CONSIDERED  ................................ ................................ .....................  2 
1. Simplification and improvement of the Agreement  ................................ ........................  2 
(a) General  ................................ ................................ ................................ ..................  2 
(b) Enforcement and monitoring mechanisms  ................................ ................................ .... 2 
(c) Information technology  ................................ ................................ .............................  4 
(d) Other substantive provisions of the Agreement  ................................ .............................  9 
(e) Statistical reporting  ................................ ................................ ................................ . 10 
(f) Article -by-Article review of the Agreement  ................................ ................................ .. 13 
(g) Improving the structure of the Agreement  ................................ ................................ .. 17 
(h) Appendices to the Agreement  ................................ ................................ ...................  18 
2. Elimination of discriminatory measures and practices which distort open procurement  ....... 18 
(a) General  ................................ ................................ ................................ .................  18 
(b) Mutually agreed coverage of services  ................................ ................................ .........  19 
3. Expansion of the coverage of the Agreement  ................................ ...............................  20 
B. INSTITUTIONAL/PROCEDURAL POINTS  ................................ ................................  22 
1. Work on government procurement in other WTO fora  ................................ ...................  22 
2. Institutional arrangements for the review  ................................ ................................ ... 22 
3. Participation of WTO Members in the review  ................................ ................................  22 
4. Next steps  ................................ ................................ ................................ ..............  22 
ATTACHMENT  1  INFORMATION TECHNOLOGY  SUGGESTED MODIFICATIONS  
TO THE AGREEMENT  ................................ ................................ ................................ ....... 24 
ATTACHMENT  2  OUTLINE OF A POSSIBLE FUTURE STRUCTURE FOR THE GPA  
("À DROIT CONSTANT ") ................................ ................................ ................................ . 26 
ATTACHMENT  3  TIME -FRAME AND THE WORK PROGRAMME FOR THE  
NEGOTIATIONS UNDER ARTICLE XXIV:7  ................................ ................................ ........  28 
 GPA/TN1994/1/Rev.6  
- 2 - 
  The following attempts to set out points made by Parties to the Agreement in the informal 
consultations held since February  1997 pursuant to the decision of the Committee in its 1996 Report 
to the Ministerial Conference that it would "undertake an early re view, starting in 1997 with an 
examination of modalities, with a view to the implementation of Article XXIV:7(b) and  (c)" ( GPA/8 , 
paragraph 22).  
The list may not be exhaustive and will, of course, need to be amended and updated as further 
discussion develops.  
A. AREAS TO BE CONSIDERED  
1.  The point has been made that the key to the review lies with the issue of simplification and 
improvement of the Agreement and that, if this aspect were to be satisfactorily resolved, then the 
other two elements of the review would also largel y have been addressed . In this connection, it has 
been suggested that an improved and simplified Agreement would be likely to result in a reduction 
in the number of exceptions to the Agreement and would therefore lead to a more uniform 
application . On the other hand, the point has been made that the work on all three elements of the 
review should be advanced simultaneously and in parallel . The concept of reciprocity had been at 
the basis of the rationale for the present coverage of the Agreement . Therefore,  it could not 
reasonably be expected that a mere improvement and simplification of the Agreement would lead 
to the expansion of its coverage.  
2.  It has been stated that the elements of the review on the elimination of discriminatory measures 
and practices which distort open procurement and on the expansion of the coverage of the 
Agreement were linked in many respects . Since it might be difficult to make a distinction between 
these two aspects, future negotiations on the two issues should be held s imultaneously.  
3.  It has also been stated that the discussion of the review item on discriminatory measures should 
not be made dependent on the discussion of the other two elements of the review.  
1. Simplification and improvement of the Agreement  
(a) General  
4.  It has been emphasized that simplifying and providing greater flexibility to the procedures under 
the Agreement should not lead to a weakening of commitments and thus result in less open markets . 
Rather, simplification should aim at obtaining effective but mo re easily applicable disciplines and 
should improve the balance between the advantages of certain requirements and the administrative 
burden of complying with them . Compatibility between the concepts of simplification and effective 
disciplines should be se cured . For example, any flexibility on the requirements on deadlines should 
be accompanied by the elaboration of objective criteria for providing sufficient time for bidding by 
domestic and foreign suppliers.  
5.  With regard to the Committee's stated aim that the review shall seek the expansion of 
membership by making the Agreement more accessible to non -Parties ( GPA/8 ), the point has been 
made that improving and simplifying the procedural provisions of the Agreement would increase its 
appeal to non -Parties . Simplifying th e Agreement would also help in promoting the common 
objective sought by the review of the GPA, of the Working Group on Transparency in Government 
Procurement and of the Working Party on GATS Rules which is to establish a set of rules and 
principles that co uld ultimately be adopted on a multilateral basis.  
6.  The point has been made that Parties should take into account the costs that may have to be 
borne by procuring entities and suppliers in adapting to new changes in the procedures under the 
Agreement which has been in force for less than two years . Simplification of the provisions should 
be limited to what is absolutely essential for the purposes of the efficiency of procurement regimes.  
(b) Enforcement and monitoring mechanisms  
7.  The point has been made that an approach of providing greater flexibility and more general 
principles may result in the need for a re -examination of the mechanisms aimed at ensuring the 
effective enforcement of the Agreement . There was room for the improvement of the functioning of GPA/TN1994/1/Rev.6  
- 3 - 
  the Agreement by increasing the effectiveness of the existing enforcement mechanisms that 
guaranteed the rights of suppliers.  
8.  The suggestion has been made that Parties should consider to what extent Article  XX on bid 
challenge procedures had been effect ive in achieving this objective . In addition, or as an alternative 
to, enforcement mechanisms based on the bid challenge procedures under Article  XX and dispute 
settlement procedures between governments under Article  XXII, independent enforcement agencies 
could be established in individual Parties to address allegations of violations of the principles of the 
Agreement by aggrieved suppliers or investigate and monitor the application of procurement rules 
and procedures on their own initiative since suppliers  might often be reluctant to bring cases against 
procuring entities.  
9.  Regarding enforcement and monitoring mechanisms, a suggestion has been made to add new 
paragraphs  9 to 11 to Article  XX concerning the establishment of independent authorities which 
would  read as follows:  
"9. With a view to ensuring effective implementation and operation of this Agreement 
at all levels, Parties undertake to establish an independent authority specialized in public 
procurement . This independent authority shall:  
- serve as a contact point for the rapid, informal solution of problems encountered 
in gaining access to contracts;  
- provide useful advice to contracting entities;  
- have the power to intervene on its own initiative to check procurement practices 
in order to promote e fficiency and to ensure that mandatory reporting 
requirements are complied with;  
- be competent to receive any complaints from natural or legal persons concerning 
the application of this Agreement and competent also to lodge formal complaints 
or otherwise take administrative or judicial action against contracting entities in 
case of breach of this Agreement in the context of a procurement procedure;  
- perform surveillance and monitoring tasks;  
- promote the use of preventive mechanisms aiming to ensure that  the market 
functions properly;  
- have sufficient resources to perform its tasks effectively.  
"10. Parties shall notify the Committee of the authorities existing or established in 
their respective jurisdictions . Parties shall make clear the relationship be tween the 
independent authority and the review body.  
"11. Parties shall consider the establishment of special direct links between existing 
independent authorities providing for regular contacts and regular exchange of 
information with a view to giving rap id and adequate solutions to problems arising in 
the application of the Agreement and to generally improving the functioning of the 
Agreement."  
10.  With respect to the proposed new paragraphs 9 to 11, the following points have been made:  
- the nature of the re lationship between such independent authorities and authorities in 
charge of auditing public expenditure needed further clarification;  
 
- the role of giving advice to the purchasing entities described in the first three indents 
of paragraph 9 and that of the enforcement and monitoring of applicable rules should 
be dissociated because of the possibility of a conflict of interest in assuming both these 
roles;  
 GPA/TN1994/1/Rev.6  
- 4 - 
  - individual countries could decide which authority should fulfil the task of enforcement 
and monit oring. This task could be entrusted to an existing body, for example to a court 
of auditors, and would not require the creation of new institutions.  
 
11.  A note addressing this issue, in particular in the light of the EC's own experience on the 
enforcement and  monitoring mechanisms of public procurement rules, has been circulated in 
Job No. 3871.  
12.  Whether the Agreement should prescribe in detail how government authorities should organize 
their interaction with suppliers has been questioned . It has been said that  the establishment of 
independent review bodies in individual Parties provided for under Article  XX:6 w ould reduce the 
need for any additional procedures in this respect.  
13.  A view has been expressed opposing the proposed additional paragraphs 9 to 11 of Arti cle XX. 
More time was needed for the evaluation of the operation of the arrangements under Article XX 
which was a new feature of the 1994 Agreement . It has also been said that paragraph 1 of Article  XX 
required Parties to encourage the complainant supplier to see k resolution of its complaint in 
consultation with the procuring entity before resorting to challenge procedures . While only a limited 
number of cases had been reported under formal challenge procedures, suppliers might have used  
the route of informal consultations fo r resolving their disputes with procuring entities and promoting 
mutual understanding and good relationships between them . Further views on this matter have been 
included in a non -paper by Hong Kong, China circulated in Job No. 5269. The point has also been 
made that any further procedures relating to enforcement might be perceived as an additional 
burden by those non -Parties that were considering accession to the Agreement.  
14.  The following have been mentioned as among t he other mechanisms which could be envisaged 
to guarantee transparency of procurement proceedings and accountability of procurement agencies 
and to limit the scope for arbitrary dealings and discrimination in procurement practices : publication 
of a schedul e of prices offered which would show whether the contract had been awarded to the 
lowest price bidder ; and a declaration that all complaints, including anonymous complaints, would 
be investigated . It has been said that transparency through public scrutiny and monitoring by other 
suppliers was more effective in promoting compliance than the institution o f additional bureaucrati c 
procedures.  
15.  In this connection, another view has been expressed that a review of the operation of Article  XX 
should be without prej udice to whether or not Parties should consider alternative enforcement 
mechanisms . Another view has been that a layer of obligations relating to enforcement and 
monitoring mechanisms additional to the challenge procedures of Article XX might deter non -Parties 
considering membership of the Agreement . Other views expressed on the matter have questioned 
the way in which independent mechanisms could operate in Parties with federal governments . On 
the other hand, the point has been made that independent enforce ment mechanisms offered the 
possibility of arriving at rapid resolution of disputes and also avoiding the inconvenience of formal 
court proceedings . Provisions requiring the establishment of such mechanisms would provide an 
additional incentive to non -Parties to join the Agreement.  
(c) Information technology  
(i) General  
16.  It has been suggested that, in accordance with the terms of Article XXIV:8, the Agreement 
should be adapted to take into account advances in the area of information technology since the 
conclusion of the Agreement.  
17.  In this connection, it has been suggested that the text of the Agreement should be amended to 
provide flexibility and to clarify any ambiguities with respect to the use of information technology.  
18.  With respect to the Canadian propos al on information technology (Job No. 3887), it has been 
stated that the consideration of specific changes to existing Articles would be premature before the 
Committee had had a full discussion of the role of information technology.  GPA/TN1994/1/Rev.6  
- 5 - 
  19.  It has also been said t hat any modifications should be limited to allowing the use of information 
technology in parallel with the paper system currently in use.  
20.  The need to continue the information -gathering process in response to the revised questionnaire 
on information technol ogy was referred to.1 
21.  It was also said that, in view of the objective of expanding the membership of the Agreement, 
technical cooperation could be provided to those countries that did not have the means to use 
information technology in government procurem ent. 
(ii) Non-discrimination  
22.  It has been stated that information technology should be accommodated in such a way as to 
enhance rather than undermine the basic objectives of transparency and non -discrimination in the 
Agreement and not to put at a disadvantage the suppliers of actual or potential Parties less 
well-equipped in information technology or without adequate links to international networks . 
Concern has been expressed that, unless appropriate safeguards are established, the use of 
informati on technology in government procurement may lead to de facto discrimination against 
foreign suppliers . It has also been mentioned that the use of information technology may create or 
widen the gap between entities and suppliers which can effectively operat e in the information age, 
and those, in particular SMEs, which cannot, thus creating a competitive advantage in favour of the 
former group.  
23.  The point has been made that the non -discrimination aspect of the use of information technology 
should be considered  against the background of the existing procedures and practices under the 
Agreement . The paper -based method of publication and other tendering procedures might also have 
some form of unequal impact on different suppliers . The discussion of this matter sho uld focus on 
the relative discriminatory effects of introducing information technology . Attention has been drawn 
to the arguments put forward in section 1(c)(iii) below as to why electronic dissemination of tender 
information would be more effective in rea ching all interested suppliers than paper -based methods.  
24.  The comment has been made that the Canadian proposal on information technology 
(Job No. 3887) did not treat the issue of non -discrimination satisfactorily . Any provisions on the use 
of information te chnology which would allow entities to favour only those suppliers who had access 
to information technology would be inconsistent with Articles VI:4 and VII:2 of the Agreement.  
25.  The point has also been made that fears that technical and content -related comp atibility issues 
in connection with the use of information technology might lead to de facto discrimination against 
foreign suppliers were largely resolved through the use of the Internet . Nevertheless, Parties' 
willingness to accept electronic bids would proceed at different speeds because of considerations 
related to security of data transmission issues and feasibility for large and complex bids.  
(iii) Publication requirements  
26.  Some delegations have advocated or indicated their readiness to explore providing entities with 
a choice as to whether to use hard copy or information technology in all aspects of procurement 
practices, including tendering procedures and actual purchasing.  
27.  Suggestions have been made concerning the provisions of the Agreement r elating to publication 
requirements (Article IX on invitation to participate regarding intended procurement) ; Article XI on 
time-limits for tendering and delivery ; Article XVII on transparency ; Article XVIII on information and 
review as regards obligations  of entities ; and Appendices  II and III to reflect the practice of electronic 
publication of notices (Job Nos. 3887 and 5211) . These are reproduced in Attachment  1 to this note.  
28.  In this connection, the view has been expressed that the provisions on the use  of electronic 
publications should be set out as an option rather than as a requirement in the Agreement . While 
the Agreement should not exclude the possibility of publishing in hard copy version, it should allow 
 
1 Responses to the revised questionnaire ( GPA/W/24 ) were submitted by Norway ( GPA/W/24/Add.1 ), 
Canada ( GPA/W/24/Add.2 ), Korea ( GPA/W/24/Add.3 ), Hong Kong, China ( GPA/W/24/Add.4 ), the European 
Community ( GPA/W/24/Add.5 ), the United States ( GPA/W/24/Add.6 ) and Singapore ( GPA/W/24/Add.7 ). GPA/TN1994/1/Rev.6  
- 6 - 
  Parties to review the need for continuing w ith paper -based publication, for example for advertising 
tenders in the area of advanced technological systems and information technology . Publication of 
information on tendering opportunities only through the use of electronic media should be sufficient 
to meet the relevant requirements under the Agreement.  
29.  It has been stated that increased transparency of procurement opportunities was one of the 
main benefits of the electronic dissemination of tender notices . The Internet permitted viewing of 
notices anyw here in the world, regardless of where those notices may have originated . It has been 
suggested that the Agreement should include provisions requiring Parties to provide, in the GPA 
Appendices, the addresses of any Internet sites that gave procurement oppo rtunity information in 
their country . This would help suppliers from countries Parties to the Agreement to locate and easily 
access information on procurement opportunities that was currently published electronically . Parties 
should also update and supplem ent this information as necessary . On the other hand, a view has 
been expressed that providing addresses of Internet sites in the GPA Appendices should not be a 
requirement in the Agreement . In most countries, tender notices were authentic only in hard cop y 
form published in a government gazette . With the present technology it was not possible to verify 
the date of appearance of the electronic version of tender notices on the Internet whereas there 
could be no problem in proving the date of publication of t he hard copy form . Another suggestion 
on this matter has been that the WTO Home Page could be used to provide the addresses of sites 
with information on procurement opportunities in individual countries.  
30.  The point has been made that advances in information technology had the greatest potential 
for achieving efficiency gains in public procurement in the area of the publication of procurement 
opportunity information . Electronic publication would have the following benefits:  
- the timeliness of diss emination of tender notices and documents to all suppliers 
irrespective of their location . Transmission of paper copies of voluminous documents by 
mail were subject to delays which varied depending on the distance . Suppliers saved 
time by receiving informa tion of procurement opportunities on a real -time basis and by 
ordering tender documents instantaneously;  
 
- the extension of the reach of dissemination of information to suppliers . The experience 
of Parties showed that the number of suppliers using electro nic publications was 
substantially higher than those who subscribed to hard copy publications;  
 
- the cost -effectiveness of obtaining information . The cost of subscription, downloading 
and printing of electronic publications was significantly lower than th e cost of publishing 
and mailing documents in the paper format ; in particular, those suppliers who may be 
interested in only a few specific tendering opportunities per year would not need to 
subscribe to numerous paper publications;  
 
- the increased rapidi ty of obtaining information . Searching by word, the code number or 
the date of issue of notices for specific products or services in user -friendly versions of 
electronic publications was less time -consuming and costly than the process of scanning 
through a nd obtaining hard copy publications on procurement opportunity;  
 
- the widening of the scope of accessible data . The establishment of links between tender 
notices and tender documents and any other information relevant to a procurement 
would widen the scop e of the information available to suppliers . For example, tender 
notices published in the electronic version of the US Commerce Business Daily had links 
to the US Federal Acquisition Virtual Library which provided policy guidance and 
information on current  trends in procurement procedures as well as data on 
procurement legislation.  
 
31.  It has been suggested that, in order t o ensure continued open access by all suppliers, Parties 
choosing to only utilize electronic publishing methods should use an electronic sy stem that was 
accessible on the Internet . Alternatively, Parties could use other electronic means as long as they 
provided convenient and universal access through a single point of entry and were accessible to 
suppliers in GPA Parties at minimal or no cost . 
32.  In this connection, the view has been expressed that, while information on procurement 
opportunities could be stored in a decentralized manner, there should be a provision in th e GPA/TN1994/1/Rev.6  
- 7 - 
  Agreement requiring Parties to guarantee access to the relevant information  in their countries 
through a single point of entry.  
33.  It has been said that a requirement to publish tender notices on the Internet would discriminate 
against those Parties who did not have the necessary resources to maintain two parallel systems, 
especiall y if publications on the Internet were to be in a non -national language . In addition, a country 
that used a non -western alphabet would have the additional cost of maintaining electronic data 
systems in the characters of both alphabets.  
34.  In this connection, it has been mentioned that governments had been increasingly devolving 
the activities relating to information technology to private sector service providers which might imply 
that access to tender information and documentation would not be free of charge t o suppliers . It has 
been suggested that Parties should have the flexibility to consider, having regard to overall policies , 
whether to charge a reasonable fee.  
35.  It has been suggested that Parties could be invited to provide addresses of any sites on the 
Internet that give information on procurement opportunities in their countries . There was also a 
need to examine how information was structured in national databases . Parties using information 
technology for tender notices were invited to describe their relev ant experience . In this respect, it 
has also been mentioned that some national electronic tendering systems may not cover all 
procurement covered by the Agreement.  
(iv) Electronic submission and receipt of tenders and other communications 
between the tende rer and the procuring entity  
36.  Suggestions have been made concerning the provisions of the Agreement relating to submission 
of tenders (Article  XIII:1 and Article  IX:6) and to communications between tenderers and the 
procuring entity (Article  X:4) to allow entities to require electronic submission of bids and to allow 
electronic means for other communications (Job Nos.  3887 and 5211 (1997) and Job No.  3842 
(1998)) . These are reproduced in Attachment  1 to this note.  
37.  The view has been ex pressed that it was premature to consider a requirement to provide all 
tender documents, in particular in the case of complicated works contracts, electronically on the 
Internet . Another view was that interested parties could be given incentives to offer o n-line access 
to electronic versions of tender documents on the Internet, for example by reducing the required 
deadlines.  
38.   It has been mentioned that technical and content -related compatibility issues for the receipt of 
electronic bids could be resolved, particularly for routine transactions, through the use of the 
Internet . Widely available (and free) readers, such as the Adobe Acrobat Reader, would permit the 
sender and the recipient of a bid to be able to read and, if desired, print informatio n in various word 
processing formats . Using the Internet, "fill -in-the-blanks" bids could be completed on -screen or 
downloaded and email ed by return to the procuring organization.  
39.  Also, a suggestion has been made that the GPA should not require entities to  submit paper 
copies of tender confirmations.  
40.  It has also been said that, for suppliers other than of standardized and off -the-shelf products 
and services, electronic tendering could be more costly and time -consuming where tender 
documents were voluminous since the traditional methods of transmission were less costly than 
downloading and printing them.  
41.  Reference has also been made to legal and technical difficulties relating to the electronic 
submission of bids and transmission of documents between the tend erer and the procuring entity 
through public networks . In this connection, it has been suggested that the Agreement should 
contain provisions that address the use of electronic signatures . The UNCITRAL Model Law on 
International Commerce, particularly Arti cles 5 -7 relating to the legal recognition of data messages, 
writings and signatures, could provide guidance to revising the GPA in these areas . It has been said 
that such issues as the confidentiality and security of data contents of tenders and the legal  effects 
of electronic signatures required careful consideration.  GPA/TN1994/1/Rev.6  
- 8 - 
  (v) Ease of access to databases and use of information tools  
42.  It has been suggested that the ease of access to information sources (including establishing 
links between databases and ensuring  interoperability) and use of information tools (including search 
devices and common nomenclatures) were some of the issues that should be addressed in this area.  
43.  With respect to ease of access to databases, it has been stated that databases generally diff ered 
in terms of their contents as well as their structure . The ease of use of information tools should be 
improved by harmonizing the presentation of information . This would also contribute to ensuring 
interoperability between the various systems . The ful l benefit of information technology could only 
be achieved if agreement on harmonized standards for coded information could be reached . This 
would facilitate the use of search devices to browse through the information contained in different 
databases . In this connection, it has also been stated that it would be necessary to develop tools 
that would make it possible to access databases in different languages . It has also been suggested 
that a harmonized multilingual procurement vocabulary system should be us ed to describe 
purchases, as has been done at European Community level with the CPV (Common Procurement 
Vocabulary) . CPV attributed a nine -digit code to some 6,000 terms commonly used in the 
procurement process . The use of standard terms in the CPV made it  easier for potential suppliers of 
goods and services to understand contract notices and to identify the type of procurement contracts 
that were of particular interest to them . The CPV also helped to establish procurement statistical 
databases . Furthermore , the use of multilingual CPV in the eleven official languages in the European 
Union and of the standard forms provided in it had facilitated the translation of, at least, the most 
important elements of procurement notices.  
44.  With respect to ease of use of i nformation tools, it has been said that access to essential 
procurement information would become more difficult because of the increase in the number of 
databases . A solution should be found whereby interested suppliers could search for information in 
a multitude of databases through a single search engine, for example one that could be developed 
jointly by the GPA Parties on the WTO website.  
45.  It has also been suggested that Parties should share information on their experience relating to 
the technical aspec ts of this matter.  
(vi) Deadlines  
46.  Some delegations have advocated or indicated their readiness to explore reducing the minimum 
time-periods required in the various stages of the procurement process in order to improve the 
efficiency of the procurement process.  
47.  The point has been made that any reduction in time -periods should be linked to the time saved 
by using electronic means and should not lead to discrimination against distant suppliers.  
48.  It has also been stated that the rationale underly ing the specific deadlines in the GPA  1994 
should be carefully considered before attempting any revision of the relevant provisions . Some 
objective criteria would need to be developed in this respect in order to ensure equal opportunity to 
bid to all suppl iers, foreign or domestic . It was also mentioned that the current deadlines had been 
set up to ensure that bidders were informed of the procuring opportunities well in advance of the 
time for submission of bids . The deadlines in the present Agreement had b een extended to 40  days 
from the 30  days set out in the Tokyo Round Agreement on Government Procurement of 1979 . Some 
countries voluntarily extended the deadlines to 50 days.  
49.  Suggestions have been made concerning the deadlines set out in the Agreement (Art icle XI) to 
take account of electronic tender and electronic bid receipt (Job No. 3887) . These are reproduced in 
Attachment  1 to this note . On the other hand, the following points have been made to caution against 
any premature reduction in deadlines:  
- while information technology advances certainly helped to shorten the time for 
submission, publication and dissemination of tender notices and tender documents, the 
time needed to prepare tenders was likely to remain the same in most cases . As long 
as submis sion by normal mail and electronic tools coexisted, it may be premature to 
allow entities using electronic transmission the advantage of shorter deadlines ; GPA/TN1994/1/Rev.6  
- 9 - 
  however, the GPA Parties might consider accepting shorter deadlines for pilot projects 
or certain se ctors which were especially suitable for electronic tendering;  
 
- it may be premature to conclude that information technology could shorten tendering 
deadlines because the time gain arising from electronic transmission of documents could 
be relatively smal l compared to the total time needed for the preparation of responsive 
bids. 
 
(vii) New issues related to electronic commerce  
50.  It has been stated that a wider use of electronic tools could call into question the traditional 
approach of government purchasing as it opened the way to full electronic tendering or electronic 
commerce between purchasers and suppliers . In addition, new electronic tools provided 
opportunities for purchasing entities to cooperate via the exchange of information, ideas and 
experiences . This option would require further consideration of data privacy and security aspects, 
interoperability of systems, and of legal questions such as the acceptance of digital signatures and 
electronic receipts . The traditional behaviour of contracting entiti es inviting suppliers to tender could 
be called into question by new technological opportunities which would facilitate, for example, 
electronic qualification procedures, tendering of framework contracts and the selection of 
off-the-shelf products from ele ctronic catalogues.  
(d) Other substantive provisions of the Agreement  
51.  The desirability of simplifying some of the substantive rules of the Agreement and providing 
greater flexibility where possible under those rules has been widely stressed . It was suggest ed that, 
in doing this, Parties should consider to what extent the provisions of the current Agreement actually 
contributed towards achieving its objectives.  
52.  It has been suggested that consideration might be given to whether some provisions of the 
Agreement could be expressed in terms of more general principles, which were already implicit in 
the Agreement.  
53.  The following areas where improvements might be considered were mentioned:  
- providing further clarity in the provisions relating to some areas of tendering 
procedures;  
 
- providing flexibility in the procedures on the use of a notice of planned procurement in 
Article  IX:3;  
 
- providing flexibility in open and selective tendering procedures;  
 
- providing further flexibility in the procedures in Articles  XIV and XV;  
 
- providing other methods of procurement which would reflect the use of more up -to-date 
procurement technologies such as purchasing from electronic catalogues;  
 
- adapting the contents of specific provisions to take acco unt of new phenomena 
(partnerships between private and public sectors, multiplication of Build Operate 
Transfer (BOT) projects), which were difficult to classify under the structure of the 
current Agreement . On the other hand, a view has been expressed cau tioning against 
any extension of the scope of the Agreement involving these types of phenomena;  
 
- aligning the provisions of Article  XXIII on Exceptions to the Agreement to the relevant 
provisions under the GATT.  
 GPA/TN1994/1/Rev.6  
- 10 - 
  (e) Statistical reporting  
(i) General  
54.  It has been said that statistical reporting was an area where simplification and streamlining of 
requirements should be considered . The statistical requirements under the Agreement were unduly 
complex, time -consuming, burdensome on both Parties and individual s and costly, notably because 
of the expansion of the coverage of the new Agreement . They were seen to be disproportionate to 
information to be derived from the statistics and in terms of the actual benefits to individual 
purchasers and suppliers . On the o ther hand, the point has been made that statistical reporting was 
an essential tool for enhancing transparency and monitoring compliance by Parties with the 
obligations of the Agreement . Moreover, statistical reporting provided a useful information basis t o 
suppliers and purchasers on the functioning and development of public procurement markets . In any 
amendment of the existing requirements, Parties should try to strike a balance between the 
advantages of having less onerous requirements and the disadvanta ges of de facto providing for 
less transparency.  
55.  Non-papers on this topic have been circulated in Job Nos.  5212 (in 1997), 3246, 3855, 3869 
and 5269 (in 1998).  
(ii) Creating greater flexibility in GPA statistical reporting  
56.  It has been suggested that, in or der to help reduce the administrative burden on Parties in 
collecting statistical data and producing reports to the Committee on Government Procurement, the 
Agreement should permit greater flexibility in terms of the manner in which statistical data were 
reported . Increased flexibility would allow Parties to submit reports that more closely conformed to 
each Party's domestic procurement reporting practices for collecting and reporting public 
procurement statistics, thereby reducing the administrative burden  of preparing reports . Areas in 
which increased reporting flexibility might be considered included:  
- permitting Parties to submit GPA statistical reports on a fiscal rather than a calendar 
year basis ; or 
 
- allowing Parties to report aggregate annual obligations per contract rather than the total 
value of contracts awarded, considering that the duration of many contracts was longer 
than one year.  
 
57.  It has also been suggested that Parties should explore further flexibility in the reporting of 
statistics for Annex  2 entities based on experience during the first years of implementation of the 
GPA. Given the decentralized nature of these procurement systems for many Parties, consideration 
could be given to not requiring a specific format for these sta tistics.  
58.  The point has been made that any measures permitting variation or flexibility in statistical 
reporting, however, should ensure a sufficient minimum level of statistical reporting by all Parties . 
Parties must continue to submit statistical data tha t are comparable in scope and breadth.  
59.  Finally, it has been suggested that Parties wishing to vary the manner in which they report 
statistical data to the Committee under the Agreement should be required to provide written 
notification to the Committee, an d, in the absence of any objection within 30  days, the variance 
would become effective.  
(iii)  Statistics on the estimated value of contracts awarded (Article XIX:5, 
subparagraph  (a)) 
60.  The point has been made that the Committee had so far not devised any me thod for estimation 
in accordance with the provisions of Article  XIX:5, subparagraph  (a) which required entities listed in 
Annex  1, i.e. central government, to report on the estimated value of contracts awarded both above 
and below the threshold value . Until a proper method for such estimation was prescribed, both with 
respect to reliability and efficiency, reporting according to this provision would not be consistent 
between Parties . The relevant provisions of Article  XIX:5(a) should be discarded or, alternatively, 
be amended to cover only procurement above the threshold value for Annex  1 entities . On the other GPA/TN1994/1/Rev.6  
- 11 - 
  hand, it has been said that these types of statistics were necessary for the assessment of Parties' 
compliance with the Agreement.  
61.  Another sugg estion has been that the Agreement should include an exception for procurements 
of very small value (a de minimis  exception) to the Article XIX:5(a) requirements that statistical 
data for Annex  1 entities must be provided for tenders below GPA thresholds . Such a de minimis  
exception would eliminate Annex  1 reporting requirements for procurements below an agreed -upon 
amount . This would be likely to ease the administrative burden on Parties, as many Parties may not 
ordinarily collect detailed statistical info rmation on small -value procurements . Moreover, data on 
these smaller procurements tended to be less relevant to the underlying purposes of reporting 
statistical information under the Agreement, including the aim to achieve greater transparency and 
also to further GPA compliance monitoring efforts.  
(iv)  Uniform classification systems (Article XIX:5, subparagraph (b))  
62.  It has been suggested that the classification for statistical reporting should be done by standard 
customs classification, CPV classification or similar widely used standards . As most contracts covered 
several different products, a uniform and efficient method for dividing contract value according to 
different product categories would provide enhanced consistency of reported procurement.  
63.  On the other hand, it has also been said that Parties should be allowed to report statistics in 
other types of nomenclatures than that established under the GPA, for instance in the nomenclatures 
of the reporting countries, if the reporting was done only at the t wo-digit level (major category 
groups) accompanied by a description of those groups.  
64.  With regard to uniform classification systems, the point has also been made that, for the time 
being, it was very difficult to provide statistical reports based on the cla ssification systems adopted 
for goods and services (the 26 product categories and the UNCPC) because no table of 
correspondence with the Common Procurement Vocabulary (CPV) existed . But this situation should 
soon disappear with the publication of a new CPV  in 1998 and the possible establishment of a table 
of correspondence between the CPV and the other two uniform classification systems.  
(v) Contracts awarded under limited tendering procedures (Article  XIX:5, 
subparagraph  (c)) 
65.  With regard to statistics rela ting to categories of entities in Annexes 1, 2 and 3 falling under 
each of the cases of limited tendering permitted under Article  XV, the point has been made that the 
obligation to report on procurement by each procedure seemed to be too burdensome . Under 
ordinary circumstances, the share of total procurement accounted for by limited tendering 
procedures would be rather low . In any event, the information provided under this provision was 
inadequate in that it did not provide elucidation of the legality of t he application of the limited 
tendering procedure employed in each case . It has been suggested that this provision should be 
simplified by limiting the requirement to the provision of statistics on the number and the total value 
of contracts awarded in all  cases where limited tendering was used, rather than having a breakdown 
under each case in which limited tendering was permitted under Article XV . This would also enable 
the protection of the confidentiality of commercially sensitive information.  
66.  Another s uggestion has been to replace this provision by a provision allowing Parties to request 
additional information with respect to specific contract awards under limited tendering procedures 
in any other Party . In connection with this suggestion, it has been s aid that Article XIX:3 already 
allowed Parties to request such information.  
(vi) Statistical reporting of derogations (Article XIX:5, subparagraph (d))  
67.  It has been suggested that there should be no requirement to report procurement under the 
derogations to  the Agreement referred to in Article  XIX:5(d) . The following have been mentioned as 
reasons for the deletion of subparagraph (d) : the provision was difficult to understand for those who 
were unaware of the context of derogations and was also difficult to comply with and monitor ; the 
requirements to provide statistics on derogations were not cost effective ; and the advantages of 
publication of such information were limited.  GPA/TN1994/1/Rev.6  
- 12 - 
  68.  In this connection, it has also been said that, if such reporting requirements were to be 
continued, Parties should reach a common understanding on what was meant by the term 
"derogations" for the purposes of statistical reporting . It has also been stated that the provision of 
these types of statistics was essential for transparency purpo ses. 
(vii) Provision of statistics on the country of origin of products and services  
69.  It has been said that information on the country of origin of supplies has been considered to be 
important, for instance in the context of national procurement policy cons iderations . Nevertheless, 
the requirements in Article XIX:5 should be eliminated because the accuracy of such information, 
mainly based on entities' declarations, was doubtful . Moreover, such information could be 
misleading, particularly in respect of tech nologically advanced industries, where components and 
equipment were usually produced and assembled in several different countries.  
(viii) Reporting in national currency  
70.  The point has been made that it had been the practice under the GATT Agreement on 
Government Procurement to report statistics based on Special Drawing Rights (SDRs) . Permitting 
GPA Parties to submit statistical reports in national currencies rather than SDRs would help ease the 
administrative burden on Parties of converting data into SDRs . In fact, Parties might find statistical 
data prepared in national currencies to be more useful than information provided in SDRs . Parties 
should list a conversion rate into SDRs in their statistical reports . In this connection, the comment 
has been made that statistical reports should be comparable for each Party over time and between 
Parties . Computer programs were now available for the conversion of values expressed in national 
currencies into SDRs.  
(ix) Additional areas where statistical reporting may be useful  
71.  The point has been made that Parties were not currently required to report to the Committee 
on the total amount of government procurement (both GPA and non -GPA) taking place under each 
of the Annexes . This was an area wh ere statistical reporting would be useful, but would only slightly 
increase administrative demands on Parties.  
(x)  Encouraging timely reporting of statistical data  
72.  The point has been made that the Agreement currently only required that each Party submit 
procurement statistics on an annual basis and did not set a deadline for the submission of statistical 
information . Under the GATT Agreement on Government Procurement, which also did not contain a 
deadline for the submission of statistical reports, it often  took as long as two years following the end 
of a reporting period for Parties to submit statistical reports . It has been suggested that, with the 
objective of ensuring that statistical data were disseminated in a fashion that preserved their 
usefulness, G PA Parties should be encouraged to submit reports on a timely basis . It has been said 
that 12  months following the end of a Party's reporting cycle would generally be a reasonable period 
of time for submission of statistical data.  
(xi) The use of informati on and communication technology  
73.  The point has been made that more complete statistical data on public procurement could be 
obtained by utilizing the advantages offered by Information and Communication Technology (ICT) . 
It has been suggested that Parties sh ould be able to obtain, under specified conditions, a general 
waiver from all the statistical reporting requirements, or a more specific waiver which only covered, 
for example, Annex  1 entities . This waiver should only be granted if certain conditions were  met by 
the alternative system being used:  
- Parties should be required to operate a system which enabled interested Parties to 
access data on awarded contracts through one single entry point;  
- the data provided should include information on at least the following : price information 
(provided confidentiality of commercially sensitive information was ensured) ; type of 
contract authorities ; contractor's country (or subcontractor) ; number of offers received ; GPA/TN1994/1/Rev.6  
- 13 - 
  type of contract or categories of products or servi ces; award procedure chosen (open 
or limited) ; date of award of contract ; and date of publication of tender notice.  
74.  It has been said that providing statistical data through the existing ICT systems, without having 
to go through formal procedures, would gre atly improve statistical reporting . It has also been said 
that information posted on individual websites, that could be extracted and collated through the use 
of ICT systems, could be made accessible through one single entry point.  
75.  The European Community h as been invited to present further elaborations of its ideas on the 
matter in response to queries from other delegations.  
(xii)  Other issues relating to statistical reporting requirements  
76.  In order to ensure the effective implementation of the requirements  in Article  XIX:5, the 
following suggestions have also been made:  
- the information content of statistical reporting requirements should be uniform among 
Annexes 1 -3; 
- a commonly accepted format for statistical reporting should be developed;  
- statistics should be submitted in a WTO language;  
- the possibility of using statistics on total public procurement from national accounts 
should be considered.  
(f) Article -by-Article review of the Agreement  
Article I  
paragraph 1  
 
77.  It has been suggested that footnote 1, which contained wording relevant to the interpretation 
of the obligations under the Agreement, should be made part of the main text of paragraph  1. This 
would specify the coverage of the Agreement in a more direct way . In this connection, the p oint has 
been made that the term "as specified in Appendix  I" reflected the negotiated understanding 
concerning the reciprocity -based coverage of the Annexes to Appendix I.  
paragraph 2  
 
78.  It has been suggested that this paragraph should also include a reference to new forms of 
procurement under "Build Operate and Transfer" (BOT) operations an d joint ventures.  
paragraph 3  
79.  The point has been made that there was scope for improvement and clarification in the language 
of this paragraph.  
paragraph 4  
80.  It has b een suggested that the provisions of the Agreement on valuation of contracts should 
take account of the use of new technologies in procurement which allowed procuring entities to slice 
up contracts . Individual contracts with values below the relevant thres hold values resulting from 
such practices should also be subjected to the Agreement so as not to limit its coverage.  
81.  Suggestions have also been made that the review of Article  I should be taken up with Appendix  I 
and that Appendix  I should be reviewed on t he basis of a negative list approach.  GPA/TN1994/1/Rev.6  
- 14 - 
  Article II  
82.  It has been said that purchasers in the private sector had the practice of maintaining open 
running contracts with several suppliers instead of awarding a contract to a single supplier . A master 
contract sig ned initially with several suppliers did not specify a value . Purchasers subsequently 
proceeded with the procurement by ordering from electronic catalogues . With the application of 
information technology, government entities might use this method of purchasing more commonly . 
This might present some ambiguity in the valuation of contracts under the Agreement.  
paragraph 1  
83.  It has been suggested that footnote 2 be amended to read:  
"This Agreement shall apply to any procurement contract for which the contr act value 
is estimated to equal or exceed the threshold at the time of the publication of the notice 
in accordance with Article IX and at the time of first contact with the supplier in the case 
of limited tendering ." 
84.  It has also been suggested that the lan guage of footnote  2 should be aligned with that of 
Article  I:4 on threshold values.  
Article III  
paragraph 2, subparagraph (a)  
85.  The point has been made that the term "foreign affiliation or ownership" seemed to apply both 
to Parties and non -Parties to the Ag reement . It has been suggested that the consistency of the scope 
of this provision with that of Article  III, paragraph  1, should be reviewed . In this connection, the 
point has also been made that certain Parties treated an established supplier as a domesti c supplier 
regardless of its affiliation or ownership.  
Article IV  
86.  It has been suggested that the issue of rules of origin of services should be taken up in the 
discussion concerning the extension of the Agreement to services.  
Article V  
87.  It has been suggeste d that Article  V on Special and Differential Treatment for Developing 
Countries should be updated, for example by providing further flexibility in the evaluation of offers 
from developing countries with respect to non -discriminatory treatment and in the ap plication of the 
procedural provisions . The issue of granting non -reciprocal access to developing countries to 
procurement markets of Parties might be among the areas that could be explored . The provisions 
should also be improved to take into account the s pecific interests of developing countries and to 
give developing countries additional incentives to join the Agreement.  
Article VI  
88.  A comment has been made suggesting a rearrangement of the location of Article VII in the text 
of the Agreement in order to re flect the close association of the provisions on technical specifications 
with those on tender documentation.  
paragraph 1, subparagraphs (a ) and (b)  
89.  It has been suggested that there should be a hierarchy between paragraphs  (a) and (b) since 
the provisions of subparagraph  (a) should be the rule and those of subparagraph  (b) the exception.  GPA/TN1994/1/Rev.6  
- 15 - 
  paragraph 3  
90.  A view has been expressed that the prohibition in this paragraph against requiring or referring 
to a particular trademark or trade name did not take into account the realities of procurement 
practice . Another view expressed has been that the underlying principle was important and should 
be kept.  
Article VII  
paragraphs 1 and 2  
91.  It has been suggested that paragraphs 1 and 2 should be separated from paragr aph 3 describing 
the types of procurement procedures and be placed in an Article addressing the general principles 
of procurement.  
paragraph 3  
92.  It has been suggested that the Agreement needed to be clearer about which of its procedural 
provisions apply to w hich tendering method as defined in Article VII:3.  
93.  It has further been suggested that the provisions on selective tendering should be reviewed in 
the light of the application of electronic tendering in the area of procurement.  
94.  The point has been made that the existing provisions on tendering procedures did not take 
account of the increasing use of electronic catalogues by entities in some Parties . The two methods 
of purchasing commonly used in the Internet environment were:  
- a government -sponsored website which allowed government customers to acces s the 
goods and services of  thousand s of suppliers, i.e. a central government procurement 
agency approved the products and services in respect of which procuring entities could 
exercise purchasing options ; and 
 
- a third -party website, commercially developed, which leased space and capabilities to 
a number of suppliers.  
 
95.  A question has been asked whether electronic catalogues were used mainly for low -value 
procurement . If this were to be the case, use made of elect ronic catalogues would fall largely outside 
the scope of the Agreement . In this connection, it has been said that, while the value of individual 
items purchased from electronic catalogues might be relatively low, total values would be substantial 
if a seri es of items was purchased on a regular and frequent basis from the suppliers listed in 
commercial catalogues . The point has also been made that the issue of recurrent contracts would 
be relevant to the use of electronic catalogues in procurement.  
96.  The point  has been made that the provisions on open and selective tendering procedures did 
not cover two -stage tendering as provided in Chapter V, Article 46 of the UNCITRAL Model Law on 
Procurement of Goods, Construction and Services . The main elements of two -stage tendering were:  
- in the first stage, initial tender proposals were invited without a tender price . The 
proposal related to the technical and contractual aspects of the project, as well as the 
track records of the tenderers;  
 
- in the second stage, those  tenderers who had not been rejected as a result of technical 
evaluation were invited to submit final tenders with prices and according to a single set 
of specifications.  
 
The two -stage tendering method was especially useful for complex projects where the procuring 
entity wished to separate technical evaluation from price evaluation, e.g. in complex engineering 
projects, for example the building of a nuclear plant . Technical experts were called upon to evaluate 
and shortlist technically acceptable tenders, but the final decision would be made by policy makers, 
taking into account the affordability and cost -effectiveness of the proposed tender as well as its 
technical feasibility.  GPA/TN1994/1/Rev.6  
- 16 - 
  97.  A non -paper on the subjects of the use of electronic catalo gues and two -stage tendering has 
been circulated in Job No. 5295.  
Article IX  
98.  The point has been made that there was a need for clarification of certain terms in this Article, 
for instance "invitation to participate for all cases of intended procurement", " notice of proposed 
procurement", "notice of planned procurement" and "notice regarding a qualification system" . The 
Committee has been advised that the delegation of the United States expects to prepare a non -paper 
on this point.  
99.  It has also been suggested  that the provisions in this Article should be restructured . For 
instance, the provisions of Article IX:8 on publication of a summary notice in a WTO language should 
follow the provisions of Article IX:1 on publication of an invitation to participate.  
paragraph 2  
100.  It has been said that this paragraph should specify clearly that Annex 1 entities had an 
obligation to publish a notice containing the types of information as provided for in paragraph  6. The 
present use of the word "may" might be interpreted to su ggest otherwise.  
Article XI  
101.  It has been said that the Agreement, rather than prescribing fixed deadlines that applied to all 
types of procurement, should allow procuring entities to decide the time -periods for the submission 
of tenders, having regard to th e nature of the tender and other considerations, including the urgency 
of the procurement . The time required for the submission of tenders might vary considerably 
according to the complexity of the procurement and it was in the interest of the procuring en tity to 
allow reasonable time -limits for the preparation of responsive bids . It has therefore been suggested 
that, instead of stipulating minimum time -periods that applied to all types of procurement, Article  XI 
should have a provision stating the principl e that reasonable time must be allowed for the 
preparation and submission of bids by all potential tenderers, including geographically distant 
tenderers . On the other hand, a statement has been made expressing reservations regarding th e 
elimination of the requirements on fixed time -limits . The proposed substitution of the existing 
provisions on deadlines would not provide a legally predictable environment to procuring entities . 
Procuring entities might run the risk of being challenged by suppliers based on how they applied the 
subjective notion of "reasonableness" in time -limits . It has been suggested that the requirements in 
paragraph  3 could be made less rigid by including additional circumstances in which a reduction in 
the existing minimum time -limits ma y be warranted.  
Article XIII  
paragraph 1(a)  
102.  It has been suggested that Article XIII:1(a) should be amended in the light of the increasing 
use of electronic means of communication.  
103.  A view has been expressed that electronic means of communication should not have to be 
used in parallel with paper -based systems . While, initially, procuring entities might choose to use 
electronic tendering in parallel with paper -based systems, provisions should be made allowing all 
tenders for a particular type of product to be submitted electronically in the future . The need for a 
paper -based system would mostly be confined to the purchase of basic commodities and 
low-technology products . For example, suppliers of computer hardware and software or of 
sophisticated medical and telecommunications equipment were already fully capable of submitting 
tenders by electronic means.  
104.  A further view expressed has been that any new provisions, while enabling entities to use 
electronic means of communication, should not permit them to reject  a priori otherwise competitive 
tenders only because they were submitted by suppliers using a paper -based mode of delivery . The 
use of electronic tendering should not lead to discrimination among suppliers with varying degrees 
of technological advance in t he use of information technology.  GPA/TN1994/1/Rev.6  
- 17 - 
  105.  It has been said that, while electronic modes of communication were tools for increasing 
efficiency and productivity in procurement processes, electronic tendering could not be made 
mandatory in the present state of techno logy. The experience of the private sector had shown that 
it was impractical to transmit large documents through electronic means . In this connection it has 
been said that a single format document could be used to submit tenders rapidly and efficiently 
through electronic means whereas any substantive information could be transmitted in a 
paper -based format.  
106.  Another concern that has been raised related to the interface between electronically 
transmitted documents and national legal systems for the settlement  of disputes . It has been asked 
whether electronically transmitted documents had the same legal value as paper -based documents 
under national judicial systems . Safeguards should be devised to ensure that electronically 
transmitted documents that would have  evidentiary value in an eventual dispute would not be 
modified.  
107.  Section 1(c)(iv) of the present note is also relevant to the review of Article XIII:1.  
Article XIV  
108.  With regard to the relationship between the two -stage tendering method and the procedures 
under this Article, it has been said that Article XIV envisaged negotiations arising from the evaluation 
process when it was apparent that no single tender was obviously the most advantageous . On the 
other hand, the two -stage tendering method under the UNCIT RAL Model Law was constructed to 
separate technical and price evaluations . The procedures under this method might not involve any 
negotiations with suppliers or any modifications of tender specifications throughout the entire 
tendering process.  
109.  It has also  been said that this Article could be combined with Articles VII and X on tendering 
procedures.  
Article XV  
110.  It has been said that the present terms of Article XV did not adequately cover the various 
circumstances under which limited tendering might be justi fied. Public sector purchasers might 
sometimes have to satisfy their customers, who might have confidence only in a limited range of 
brands . The problem was compounded as it was not always possible to determine the reliability of 
alternative brands by obje ctive tests prior to the award of a contract . While end -users should not 
have an unlimited choice, their legitimate preferences based on their working experience might need 
to be respected . To cover such circumstances, it has been suggested that the follow ing subparagraph 
should be added to the list of exceptions to open and selective tendering procedures:  
"(k) where there are only a limited number of suppliers who would be reliable in 
meeting the requisite standards and delivery schedule over the terms of the contract."  
111.  In connection with the above suggestion, a view has been expressed cautioning against any 
additional exceptions to the use of open and selective tendering and also against the use of any 
subjective criteria, such as the reliability of suppli ers, in this connection.  
Possible additional Article  
112.  It has been suggested that an Article containing definitions of the various terms used in the 
Agreement should be considered.  
(g) Improving the structure of the Agreement  
113.  It has been suggested that the structure and the presentation of the Agreement should be 
improved à droit constant  in order to render it more logical and easy to follow by entities and 
suppliers . This could be achieved by rearranging the provisions so that they more closely followed 
the normal process of public purchasing ; grouping the provisions in accordance with their purpose 
in order to bring the structure of the GPA more into line with the practice followed in other WTO 
agreements ; removing provisions whose applicability had expired, for example those relating to the GPA/TN1994/1/Rev.6  
- 18 - 
  entry into force of the WTO and transitional periods in Article XXIV:3(a), (b), (d) and (e) ; and 
shortening certain Articles by subdividing them into several Articles . In connection with 
Article  XXIV:3(a), it has been suggested that it should be retained as a historical record in order to 
avoid any possible misunderstandings in respect of Korea's transitional arrangements and the 
beginning of its implementation of the decis ion on notification of threshold values in national 
currencies.  
114.  A new structure for the GPA that has been suggested in the document circulated in 
Job No. 6437 is reproduced in Attachment  2 to the present note . A comment has been made 
supporting the suggest ion that the Articles of the Agreement be classified under different parts.  
(h) Appendices to the Agreement  
115.  It has been suggested that Appendix I to the Agreement might benefit from simplification, 
including the possibility of presenting the Annexes in the  form of negative lists, starting with 
Annex  1. The Committee could define the general principles that would guide the Parties in 
determining which entities should be excluded from the coverage of the Agreement, for example for 
national security reasons . This would also have the effect of reducing the residual exceptions and 
derogations under the General Notes to Appendix I of individual Parties.  
116.  It has been stated that it was desirable to maintain the presentation of the Annexes in the 
form of positive lis ts for the overall consistency of the Annexes . While it might be feasible to present 
Annexes  1 and 2 in the form of negative lists, entities in Annex  3 could only be listed in the form of 
a positive list . In addition, Annex  4 could be presented as a negati ve list only after the uniform 
extension of the coverage of the Agreement in the area of services . In this connection, the point has 
also been made that Parties had the obligation to ensure that all the entities that had been specified 
in Appendix  I compli ed with the requirements under the Agreement . A negative list approach could 
raise certain difficulties for Parties in this respect.  
2. Elimination of discriminatory measures and practices which distort open 
procurement  
(a) General  
117.  The point has been made tha t this element has prime importance for the review and that 
priority should be given to this review item . Discriminatory measures and practices which distorted 
open procurement were incompatible with the objectives of the Agreement and represented a seriou s 
derogation from the WTO principles of non -discrimination which were also enshrined in Article III of 
the Agreement . The elimination of discriminatory measures would give true effect to the principle of 
non-discrimination in the Agreement and would also b e conducive to encouraging the accession to 
the Agreement of non -Parties.  
118.  The Committee has agreed that this matter related to provisions that discriminated between 
Parties, it being understood that there was a close link between this issue and that of cov erage under 
which issues relating to extension of the scope of application of the national treatment principle 
would be taken up.  
119.  It has been suggested that, under this element of the review, consideration could be given to:  
- elimination of current recipr ocity-based exceptions and derogations in the coverage of 
the Agreement;  
 
- establishment of a mutually agreed coverage of services.  
 
120.  With regard to the types of discriminatory provisions in the Appendices with respect to the 
"MFN" standard, the following comments have been made:  
- the matter was inextricably linked with that of coverage in that the need for a balance 
of coverage had led Parties to introduce such discriminatory provisions in thei r 
Appendices . The insufficient coverage of entities and areas of procurement in the 
Schedules of some Parties was at the basis of the reciprocity provisions in the GPA/TN1994/1/Rev.6  
- 19 - 
  Agreement . Those Parties that had made comprehensive offers in the negotiations had 
included country -specific non -application provisions in their Schedules in order to 
maintain a balance of commitments with other Parties;  
- these provisions could be eliminated to the extent that other Parties, who had previously 
been unable to cover certain areas, were prepared to open access to their procurement 
markets. Since the conclusion of the Agreement, negotiations had been held in the 
context of the Agreement for the removal of a number of derogations . It was essential 
to aim at the greatest level of coverage rather than to have a uniformity of coverage 
with the least common denominator;  
 
- while the Agreement did not provide for the maintenance of exceptions to Article  III, it 
was an in -built principle of the Agreement that opening up trade was subject to 
negotiations between Parties and was not granted automatically;  
 
- negotiations on the elimination of discriminatory measures should be held both 
bilaterally and in the context of the Committee;  
 
- drawing up Appendix  I in the form of negative lists would also contribute towards 
elimination of di scriminatory measures;  
 
- Parties might have to retain the possibility of introducing discriminatory provisions with 
respect to the MFN standard in negotiations with an acceding country as an incentive to 
enhance the coverage of its offer.  
 
121.  With regard to the types of discriminatory provisions in the Appendices which were identified 
in the Note by the Secretariat circulated on 31  October  1997 (document with footer 'gpa38'), the 
following comments have been made:  
- the distinction made between the types o f provisions in paragraphs 7 and 9 of the Note 
was not clear . The provisions listed in paragraph 7 were also based on reciprocity 
considerations and had been included in order to maintain a balance of concessions 
under the Agreement;  
 
- the purpose of the non -application provisions referred to in the last sentence of the first 
indent of paragraph 13(a) of the Note was to provide clarifications regarding the 
coverage of contracts . These provisions concerned all the obligations under the 
Agreement, including the  obligation on national treatment and could not be classified 
as discriminatory measures.  
 
122.  With regard to the timetable and work programme for the elimination of discriminatory 
provisions, the following points have been raised:  
- while the review work on d iscriminatory provisions and that on the expansion of the 
coverage of the Agreement were closely linked, the work on the latter element might 
go beyond the target date for the completion of the negotiations set out in the suggested 
timetable;  
 
- the work o n the elimination of discriminatory provisions should be carried out in parallel 
with the work on the simplification and improvement of the Agreement.  
 
123.  The Committee agreed to further revert to the issue of the timetable and work programme for 
the negotiat ions on the elimination of discriminatory measures and practices and the expansion of 
the coverage of the Agreement having regard to the non -paper that was submitted by Hong Kong, 
China (Job No. 5270).  
(b) Mutually agreed coverage of services  
124.  The point has been made that, while establishment of a mutually agreed coverage of services 
would have the effect of eliminating reciprocity conditions in various Parties, it was essential that 
Parties conducted negotiations in this area on the basis of the mo st-favoured -nation principle.  GPA/TN1994/1/Rev.6  
- 20 - 
  125.  It has been stated that the current coverage of services in the Agreement was characterized 
by its diversity with respect to both the specific sectors covered by each Party as well as the overall 
level of services covered by e ach Party . It was the outcome of a perceived need for reciprocity in 
this area because of the divergences in the levels of coverage offered by Parties in the negotiations . 
Future negotiations should aim at a uniform level of coverage among all Parties, at least in terms of 
the quality of the coverage of services.  
126.  The view has been expressed that reciprocity -based services coverage should be eliminated 
but only on the basis of all Parties covering an approximately uniform level of services on a mutually 
agreed basis . On this point, another view has been that the discriminatory provisions were the result 
of the pre -existing reciprocal arrangements which had not been plurilateralized, or of perceived 
imbalances in the commitments by Parties . Rather than seeking such a linkage, which might not 
produce the expected outcome, Parties should keep an open mind in carrying forward the mandate 
of improving the coverage of services under the Agreement.  
127.  With regard to the modalities for negotiations in this area, t he following points have been 
made:  
- the element of the review concerning the elimination of discriminatory measures and 
practices was independent of that on the expansion of coverage . On the other hand, 
the view has been expressed that the two elements w ould overlap and that the review 
should address not only the elimination of discriminatory measures and practices but 
also the expansion of coverage;  
 
- the review should be initiated by simplification and elimination of derogations in Annex  4 
in Appendix I of individual Parties;  
 
- in order to assist the work on the review of derogations in the area of services, the 
Secretariat should prepare an analysis of services presently covered by each Party under 
its Annex 4 and Annex 5 of the GPA . The identificatio n of the services not presently 
covered, either by some or all Parties, could provide the basis for discussion and 
development of priorities for extension of coverage;  
 
- differing views have been expressed concerning the extent to which the work on this 
element should take its cue from that in the Working Party on GATS Rules.  
 
3. Expansion of the coverage of the Agreement  
128.  It has been suggested that the coverage of the Agreement could be expanded with a view to 
achieving a balance of market access commitments among Parties . For this purpose, the following 
specific areas that might be addressed have been suggested:  
- The review should address the establishment of national self -monitoring mechanisms 
whereby individual Parties would commit themselves to review dom estically and 
periodically whether national programmes in the form of set -aside programmes and 
other preferential policies contributed towards meeting their vowed objectives and, if 
so, how effective they were in doing so, with a view to examining the scop e for their 
elimination in the long term . It has also been said that the General Notes of Parties 
contained provisions excluding certain procurement from the coverage of the 
Agreement for domestic legal grounds . On the other hand, the view has been express ed 
that nothing should be done to legitimize set asides and other discriminatory 
programmes which were presently reflected in the Schedules of Parties as exceptions 
or reservations and to which some Parties had responded in their Schedules . Providing 
a nat ional review mechanism in the Agreement itself might imply that the underlying 
policy objectives were deemed to be justified and that the programmes could be 
continued as long as they met their specific objectives . The aim of the review of 
derogations shou ld be to explore ways of phasing them out as prescribed under 
Article  XXIV:7(c) . The ultimate aim should be to remove all discriminatory measures 
and to subject all procurement under the Agreement to the MFN and national treatment 
principles.  
 GPA/TN1994/1/Rev.6  
- 21 - 
  - Identifica tion of potential sectors for extended coverage . Reference was made to the 
inclusion of the telecommunications, transportation and steel sectors . In response to 
this suggestion, the appropriateness of focusing work on the expansion of coverage in 
the telec ommunications and transportation sectors has been questioned since many 
countries had made significant progress towards privatization in these sectors . It has 
been suggested that the review relating to this element should focus on the elimination 
of the de rogations from coverage in some other sectors existing in Appendix  I of Parties . 
On the other hand, the point has been made that the process of privatization had not 
been significant in all countries and that a large number of public entities operating in 
the telecommunications sector remained outside the coverage of the Agreement.  
 
- In connection with privatization, the point has been made that, rather than adopting a 
sector -based approach, work might focus on the relationship between entities and 
governm ent control . The terms of Article XXIV:6(b) relating to the withdrawal of an 
entity from Appendix  I on the grounds of removal of government control or influence 
did not give adequate guidance in this respect . In order to determine the scope for 
expanding t he number of covered entities, Parties should examine the policies by which 
governments exerted control or influence over entities . Another view has been that the 
present provisions reflected the existence of a multitude of configurations with respect 
to the relationships between different government entities and the amount of control 
that could be exerted over them . By drawing up a more precise definition of how to 
treat privatization -type situations, Parties might fail to take into account all types of 
government ownership or control and any relevant developments in the future.  
 
- Further expansion of the coverage of services in the Agreement . The suggestion has 
been made that the review work in this area should be initiated by identifying the sectors 
of common interest to Parties based on domestic supplier surveys . On the other hand, 
the point has been made that, while certain sectors were not included in the scope of 
the Agreement, the provisions of the Agreement did not exclude the expansion of its 
scope  to any additional sectors . Rather than defining the sectors that could be included 
horizontally within the scope of the Agreement, the extension of coverage should be 
handled, for the time being, through bilateral agreements . Another view was that, while 
negotiations on specific sectors might have to be carried out bilaterally, Parties should 
identify the specific sectors to be negotiated in a plurilateral context . Parties should seek 
a high level of commitment in terms of coverage and not the lowest commo n 
denominator.  
 
- Lowering of the threshold values applicable to certain Parties . In response to this 
suggestion, the point has been made that, with the present threshold levels, Parties 
with larger procurement markets subjected a greater proportion of their overall 
procurement to the Agreement . The impact of thresholds on the scope of the 
commitments of individual Parties would need to be taken into account in considering 
the overall balance that had been struck under the Agreement between  various Parties . 
On the other hand, the view has been expressed that such an approach would neither 
be procedurally feasible nor equitable . The suggestion was made that the Agreement 
should include provisions setting out uniform levels of thresholds appli cable 
automatically to all Parties and independent of the size of their procurement markets 
and that Parties should no longer have the possibility of applying different threshold 
levels.  
 
129.  It has been stated that expansion of the coverage of the Agreement w ould require significant 
preparatory work . It was also stated that any further expansion of the existing coverage of the 
Agreement at the sub -central levels of government would be dependent on progress in the 
simplification and improvement of the provision s of the current Agreement.  
130.  A view has been expressed stating that there was a trade -off between the objective of 
increasing the membership of the Agreement and the burden that wider commitments might incur 
for the acceding countries . Another view has been  that an improved coverage might be an incentive 
to those countries that sought increased market access to join the Agreement.  
131.  In addition, the need to obtain adequate experience with the domestic implementation of the 
Agreement before expansion of its cov erage has been referred to.  GPA/TN1994/1/Rev.6  
- 22 - 
  B. INSTITUTIONAL/PROCEDURAL POINTS  
1. Work on government procurement in other WTO fora  
132.  It has been suggested that, in the process of the review of the Agreement, Parties should take 
account of the work on government procurement in the  Working Group on Transparency in 
Government Procurement and in the Working Party on GATS Rules .2 The point has also been made 
that, while the level of obligations sought under each forum may not necessarily be the same, the 
overall outcome of work in the se fora should be coherent and consistent . However, the review of 
the Agreement should not be delayed by the pace of other discussions.  
2. Institutional arrangements for the review  
133.  The discussion of the review in 1997 has been carried out mainly in informal c onsultations . 
One delegation has suggested that an informal group should be established to conduct the work on 
the review of the Agreement and that expert groups might be set up to handle specific topics such 
as information technology, simplification of st atistical reporting, etc.  
3. Participation of WTO Members in the review  
134.  It was noted that an objective of the review was the expansion of the membership of the 
Agreement . The review should serve the purpose of making the Agreement more attractive to other 
WTO Members as well as making accession of other WTO Members, including developing countries, 
easier . For this purpose, interested WTO Members should be given the opportunity to participate 
actively in the Committee's discussions on the review of the Agreemen t by becoming observers to 
the Committee in accordance with the Committee's Decision on Procedures for Participation of 
Observers ( GPA/1 ). 
135.  As agreed by the Committee at its February  1997 meeting, the Chairman sent a 
communication to the WTO Members, through the Chairma n of the General Council, drawing the 
attention of WTO Members, as well as governments which are in the process of acceding to the WTO, 
to the review and inviting them to participate as observers in the meetings of the Committee in 
accordance with the Comm ittee's Decision on the Participation of Observers ( WT/L/206 ). 
4. Next steps  
136.  During the informal consultations held on 5 October , it was agreed that the Committee would 
hold a further informal meeting on 9 -10 December  1998. At that meeting the work would be carried 
forward in the following way:  
(i) delegations would revert once more to the issues of information technology, statistical 
reporting and enforcement and monitoring mechanisms on the basis of a note that the Chair 
would draw up attempting to crystall ize the state reached in the discussions and to identify 
the key questions that needed to be pursued;  
 
(ii) the European Community was invited to provide any further information that it might have 
on its suggestions regarding the use of information and communications technology for the 
compilation of statistical data in the light of the questions put to that del egation at the 
meeting (Job No. 3869);  
 
(iii) delegations would revert to the issue of procurement methods on the basis of the paper 
presented by the delegation of Singapore (Job No. 5295) and any other papers that might 
be submitted;  
 
(iv) delegations wou ld revert to Articles I to XV and also take up the remaining Articles of the 
Agreement;  
 
 
2 The most recent reports of the Working Group on Transparency in Government Procurement and the 
Working Party on GATS Rules were circulated respectively in documents WT/WGTGP/M/6  and S/WPGR/M/19 . GPA/TN1994/1/Rev.6  
- 23 - 
  (v) with respect to the elimination of discriminatory measures, there was an agreement that 
this matter related to provisions that discriminated between Parties, it be ing understood that 
there was a close link between this issue and that of coverage under which issues relating 
to extension of the scope of application of the national treatment principle would be taken 
up; 
 
(vi) the Committee would further revert to the i ssue of the timetable and work programme for 
the negotiations on the elimination of discriminatory measures and practices and the 
expansion of the coverage of the Agreement having regard to the non -paper that was 
submitted by Hong Kong, China (Job No. 5270); 
 
(vii) the Committee would discuss the issue of the coverage of services on the basis of a note to 
be prepared by the Secretariat listing the services presently covered in the Schedules of 
Parties.  
 
137.  The time -frame and work programme for the negotiations  under Article XXIV: 7 agreed by the 
Committee at its meeting of 2 5 June 1998 is included in Attachment 3 to the present note.  GPA/TN1994/1/Rev.6  
- 24 - 
  ATTACHM ENT 1 
 
INFORMATION TECHNOLOGY  
 
Suggested Modifications to the Agreement  
Publishing methods  
 
Alternative 1:  
 
• No wording changes to Articles IX, XI, XVII and XVIII.  
 
• Parties agree to accept modifications to Appendices II and III to delete paper publications and 
replace with electronic publications, where the electronic publication is:  
 
- on the Internet or in one l ocation ; and 
 
- accessible worldwide by telephone.  
 
Alternative 2:  
 
• Add a footnote to the Agreement defining "publication" to include either electronic or paper 
publication of notices . The definition would include the requirements in Alternative 1 above, 
where electronic publication is:  
 
- on the Internet or in one location ; and 
 
- is accessible worldwide by telephone.  
 
• Parties would agree to accept modifications to Appendices II and III to delete paper 
publications and replace with electronic publications.  
 
In commenting on these suggestions, it has been suggested that all GPA Parties should include 
information in their Appendices II (and III) to the GPA on relevant electronic tender databases as 
well as information on access to thes e bases . This information should be in addition to information 
on traditional publishing methods (until the time comes for these to be replaced) . This requirement 
could be made clear by means of footnotes to the relevant Articles of the Agreement defining 
publication as including both electronic and paper -based publication of notices.  
 
Support has been expressed for Alternative 2.  
 
Submission of tenders  
 
• Amend Article XIII:1(a):  
 
- to add "electronic means" to the list of possible methods of receiving bids (i.e. telex, 
telegram and facsimile) that are already listed;  
 
-  to delete the phrase "or by mail" in the first sentence ; and 
 
- to delete the sentence "The tender must be confirmed promptly by letter or by the 
despatch of a signed copy of the telex, telegram or facsimile".  
 
• Add a provision to Article XIII to indicate that the means for submitting tenders can be 
specified by the procuring entity, provided such means shall not reduce access by foreign and 
domestic suppliers.  
 
• Modify Artic le IX:6 to obligate the procuring entity to include in the notice the means by which 
bids may be submitted.  
 GPA/TN1994/1/Rev.6  
- 25 - 
  Another suggestion has been that a definition of the term "writing" should be incorporated in 
Article  XIII:1(a) which would read:  
 
"The term "writing" as used in this Agreement is to be understood to include any worded 
or numbered expression which can be read, reproduced, and later communicated, and 
includes electronically transmitted and stored information."  
In commenting on these suggestions,  it has been suggested that the term "electronic means" should 
be added to the list of possible methods for receiving bids . Until a satisfactory solution has been 
reached regarding electronic signatures, the confirmation requirement by mail, etc. must be 
maintained, bearing in mind the general fundamental principles mentioned above.  
 
Communications between tenderers and the procuring entity  
 
• Modify Article X:4 to add "electronic means, including email " to the list of ways (e.g. telex, 
telegram and facsimi le) that suppliers may use to request to participate in selective tendering.  
 
• Add to Article X the provision that the means of communication can be specified by the 
procuring entity.  
 
• Modify Article IX:6 to obligate the procuring entity to include in t he notice of proposed 
procurement the means by which requests to participate will be accepted.  
 
In commenting on these suggestions, it has been suggested that Article  X:4 should be modified by 
adding : "electronic means, including electronic mail" to the li st of methods available to suppliers for 
requests to participate in selective tendering ; and that Article IX:6 should be modified to obligate 
the procuring entity to include in the notice the means by which bids may be submitted in addition 
to paper -based tenders.  
 
Deadlines  
 
Alternative 1:  
 
• Remove all of the "deadlines" identified in Article  XI. 
 
• Modify Article XI:1(a) to delete the words "by mail" from the last sentence.  
 
Alternative 2:  
 
• Modify Article XI:3 so that when electronic tendering is used, all periods referred to in 
Article  XI:2 may be reduced to a minimum of 15 days.  
 
• Modify Article XI:3 so that when electronic tendering and electronic bid receipt are used, 
second -stage periods referred to in Article  XI:2(b) and (c) may be reduced t o a minimum of 
one day.  
 
In commenting on these suggestions, support has been expressed for Alternative  2. 
 
  GPA/TN1994/1/Rev.6  
- 26 - 
   
ATTACHM ENT 2 
 
OUTLINE OF A POSSIBLE FUTURE STRUCTURE FOR THE GPA  
("À DROIT CONSTANT ") 
 
 
The restructuring should consist of four sequential elements:  
 
1. deletion of those provisions relating to the entry into force of the WTO and transitional periods 
which have now expired (such as Article XXIV:3(a), (b), (d) and (e));  
 
2. grouping related provisions together to follow general WTO practice on structure of 
agreements and the procurement procedure more closely, as well as to facilitate ease of use;  
 
3. renaming Articles to more closely reflect their content ; and 
 
4. renumbering the Articles in the new structure to make them consecutiv e. 
 
A possible revised structure of the main body of the GPA (not addressing the Preamble or the 
Appendices) based on these elements is set out below . It is not intended to be exhaustive . Neither 
does it take account of the fact that several Articles may n eed to be either clarified or 
reformulated - for example, the existing Articles XI and XII.  
 
A. SCOPE AND COVERAGE OF THE AGREEMENT  
 
 Article 1  Scope and coverage (was Article I)  
 
 Article 2  Valuation of contracts (was Article II)  
 
B. BASIC PRINCIPLES  
 
 Article 3  Publication of legislation (was Article XIX:1)  
 [This could also be moved to Part D]3 
 
 Article 4  National treatment and MFN (was Article XIX:1)  
 
 Article 5  Rules of origin (products and services) (was Article IV)  
 [NB: This Article  contains an in -built review mechanism]  
 
 Article 6  Offsets (was Article XVI)  
 
 Article 7  Access of non -Parties to the Agreement (was Article XVI:1)  
 
C. PROCUREMENT PROCEDURES  
 
 Article 8  Methods of procurement (was Article VII)  
 
 Article 9  Use of the selective tendering procedure (was Article X)  
 
 Article 10  Use of the limited tendering procedure (was Article XV)  
 
 Article 11  Qualification requirements for suppliers (was Article VIII)  
 
 Article 12  Technical specifications (was Article VI)  
 
 Article 13  Information to bidders : notices (was Article IX)  
 
 Article 14  Information to bidders : tender documentation (was Article XII)  
 
3 In commenting on this proposal, it has been suggested that Article XIX:1 on publication of basic 
legislation should be placed between sections B and C.  GPA/TN1994/1/Rev.6  
- 27 - 
   Article 15  Time-limits for the submission of bids (was Article XI)  
 
 Article 16  Submission, receipt and opening of tenders (was Ar ticle XIII:1 -3 + 
Article  XXII:1)  
 [This Article could be further split]  
 
 Article 17  Negotiation (was Article XIV)  
 
 Article 18  Award of contracts (was Article XIII:4 -5) 
 
 Article 19  Information on contracts awarded (was Article XVIII:1, 3, 4)  
 
C.1 BID REVIEW  
 
 Article 20  Information obligations of entities (was Article XVIII:2)  
 
 Article 21  Challenge procedures (was Article XX)  
 
D. INSTITUTIONAL PROVISIONS  
 
(This chapter could be divided into different chapters, for instance exceptions to the Agreement + 
Article on developing countries could be a different chapter called "Exceptions to the Agreement".)  
 
 Article 22  Information obligation of Parties (was Article XIX:2 -4) 
 
 Article 23  Exceptions to the Agreement (was Article XXIII)  
 
 Article 24  Special tre atment for developing countries (was Article V)  
 [NB: This Article has an in -built review mechanism]  
 
 Article 25  Statistical reporting requirements (was Article XIX:5)  
 [NB: This Article has in -built review mechanism]  
 
 Article 26  Institutions (was Articl e XXI)  
 
 Article 27  Consultations and dispute settlement (was Article XXII)  
 
 Article 28  Final provisions (was Article XXIV and Article XVII:2 on observer 
status)  
 GPA/TN1994/1/Rev.6  
- 28 - 
  ATTACHM ENT 3 
 
TIME-FRAME AND THE WORK PROGRAMME FOR THE NEGOTIATIONS  
UNDER ARTICLE XXIV:7  
 
The Committee agreed to proceed in accordance with the following proposals by the Chair regarding 
a time -frame for the negotiations under Article XXIV:7 and the overall work programme that should 
be envisaged within that time -frame, the text of whi ch incorporates suggestions by delegations 
agreed to by the Committee:  
 
"I sense a widespread view that we should aim to complete the negotiations, at least in 
respect of the simplification and improvement of the Agreement, by the third WTO 
Ministerial to be held at the end of next year with a view to, in particular, increasing the 
attractiveness of the Agreement to new members.  
"If this is to be done, we would need to reserve the whole of the fall of next year to an 
intensive negotiating pro cess. This, in turn, would require that by the summer of next 
year there would be in existence a document, reflecting the outstanding proposals, that 
could constitute the basis for these negotiations . The preparation of such a document 
would require that a ll the proposals and suggestions for improvement of the text would 
have been thoroughly discussed and digested by that time . In order for this to be done, 
we might wish to set a target date of the end of April next year for the tabling of all 
such proposal s and suggestions – without, of course, prejudice to the right of 
participants to put forward at a later date modified or additional proposals where 
necessary.  
"To sum up therefore I would suggest the following key elements of a timetable and 
work programm e: 
- The tabling of suggestions and proposals no later than the end of April 1999. 
- The preparation of a document reflecting all outstanding proposals and 
suggestions, as a basis for the final negotiating phase, no later than the summer 
of 1999 . I would, of course, hope that in the course of the review and discussion 
of the proposals and suggestions that would already have been undertaken by 
that time, a considerable measure of agreement would already have been reached 
on many points and that the number of  outstanding points left for the final 
negotiating phase would be kept to a manageable minimum.  
- A target of the third WTO Ministerial for the completion of the negotiations, at 
least on the simplification and improvement of the Agreement.  
"We would in pa rallel continue work on the other elements of the negotiations, namely 
on the elimination of discriminatory measures and practices which distort open 
procurement and the expansion of the coverage of the Agreement . We will revert at our 
next meeting to the timetable and work programme for these parts of the negotiations . 
To the extent that the objective of the elimination of discriminatory measures could be 
achieved through modifications to the Agreement itself, this work would also have the 
target date of t he third Ministerial Meeting.  
"If this way of proceeding were to be acceptable to you, we would need to give some 
thought to the sort of meeting schedule that should be envisaged for the remainder of 
this year and for next year . My own suggestion would be that you might consider two 
meetings in the fall of this year (our October meeting already scheduled and maybe one 
in mid -December), and three meetings in the first part of next year (for example 
February, May and July) . In the fall period of 1999, we woul d need to envisage a 
semi-continuous process of negotiation, i.e.  the Group would need to be on call for the 
whole period.  GPA/TN1994/1/Rev.6  
- 29 - 
  "WTO Members, not parties to the GPA, and other observer governments to the GPA 
would be invited to participate fully in the work, it  being understood that the final 
decision on the outcome would remain with Parties to the GPA."  
__________