RESTRICTED  
  
GPA/M/79  
 
18 September 2020  
(20-6319) Page: 1/6 
Committee on Government Procurement    
 
MINUTES OF THE FORMAL MEETING OF 21 JULY 2020  
(VIRTUAL MEETING)  
CHAIR MR CARLOS VANDERLOO (CANADA)  
The Chair opened the meeting by noting that, in preparation for the meeting, delegations had 
received an Airgram1 setting out the proposed agenda, which was as follows:  
1. Participation in the Committee on Government Procurement as Observer – Written 
Notice from Côte d'Ivoire (GPA/153, dated 10 July 2020);  
2. Application for Accession to the Agreement on Government Procurement (GPA): Brazil 
(GPA/152, GPA/ACC/BRA/1, dated 19 May 2020); and  
3. Other Business, if any.  
In regard to Other Business, the Chair recalled th at the Republic of Moldova had informed the 
Secretariat of its intention to make a brief statement to update the Committee on legislative 
developments in the country.  
The Committee adopted  the agenda.  
1  PARTICIPATION IN THE COMMITTEE ON GOVERNMENT PROCUREMENT AS OBSERVER – 
WRITTEN NOTICE FROM CÔTE D'IVOIRE  
1.1.  The Chair said that the written notice regarding its participation in the Committee on 
Government Procurement as observer had been circulated by Côte d'Ivoire on 10 July 2020.2 
Pursuant to Article XXI:4 of the revised GPA, "any WTO Member that is not a Party to this Agreement 
shall be entitled to participate in the  Committee as an observer by submitting a written notice to the 
Committee".  
1.2.  The Committee  took note of the written notice submitted by Côte d'Ivoire. It also 
expressed  its sincere condolences for the passing of the Prime Minister of Côte d'Ivoire, 
His Excellency Amadou Gon Coulibaly.  
1.3.  The representative of Côte d'Ivoire  said that his delegatio n would like to take this opportunity 
to convey to the GPA Parties its wish to become an observer to the Committee on Government 
Procurement. Côte d'Ivoire attached great importance to transparency and competition in the award 
and execution of government p rocurement contracts. Government procurements in the development 
of activities in all areas of economic life within the central government and public bodies were subject 
to the Government Procurement Code as soon as they were in the form of a contract. To strengthen 
and improve all aspects of transparency and competition, Côte d'Ivoire had adopted a new 
government procurement instrument, Ordinance No.  2019-679 of 24  July 2019 on the Government 
Procurement Code. The new Code repealed and replaced previous in compatible provisions, such as 
those from Decree No.  2009-259 of 6  August  2009 on the Public Procurement Code, as amended by 
Decree No.  2014-306 of 27  May 2014 and Decree No.  2015-525 of 15  July 2015. Nonetheless, the 
most recent existing legislation remai ned applicable to government procurement procedures that 
had been under way on the date of entry into force of the new Ordinance, except with regard to 
planning.  
 
1 WTO/AIR/GPA/21, dated  10 July 2020.  
2 GPA/153, dated 10 July 2020 . GPA/M/79  
 
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  1.4.  The new Government Procurement Code was part of the process to transpose the community 
directi ves of the West African Economic and Monetary Union (WAEMU) relating to the organization 
of government procurement in that region and contained a number of new institutional developments 
and government procurement procedures. It aimed to permanently remedy  shortcomings and gaps 
identified during a review of the government procurement system of Côte d'Ivoire and to increase 
transparency and attract investment. It was the result of consultations between stakeholders in the 
government procurement system, inclu ding the main technical and financial partners. Compliance 
with the regulation "on environmental, social and labour matters, protection of persons with 
disabilities and gender" was established as a fundamental principle alongside equal treatment of 
candida tes and bidders, transparency of procedures and free competition, which had already 
governed government procurement in Côte d'Ivoire. More importance had been attached to 
sustainable development, with relevant provisions included in the new instrument. Gov ernment 
procurement subject to this new Ordinance was clearly defined. It covered not only conventional 
procurement contracts (works, supply and service contracts and mixed contracts) but also particular 
types of contract (cost -plus contract, service -level management and maintenance contract, turnkey 
contract, design contract - construction, operation or maintenance, innovation contract and 
framework agreement).  
1.5.  In terms of institution, the Administrative Commission for Conciliation, which had been 
responsi ble for settling disputes likely to arise in the context of the award or execution, or even the 
regulation and control, of contracts, had been replaced by the National Government Procurement 
Regulatory Authority (ANRMP).  
1.6.  Moreover, the Ordinance further pro moted paperless procedures. In the event of a dispute, a 
preliminary appeal could be lodged by any appropriate means, including by electronic 
communication, within seven working days (previously ten working days). The new Government 
Procurement Code also p rovided the contract holder with a new form of judicial remedy, namely the 
ability to file an appeal for reversal or for misuse of authority against a decision of the government 
procurement regulatory body. Appeals did not have a suspensory effect, except if a request for a 
stay of execution was made before the competent court. Disputes arising from the execution or 
regulation of government procurement could be referred either to the courts competent in 
administrative matters or to an arbitral tribunal. The  obligation for disputes to be subject to the rules 
of the Uniform Act of the Organization for the Harmonization of Business Law in Africa (OHADA) 
relating to arbitration was no longer binding, and the parties could agree among themselves to 
choose any oth er arbitration court.  
1.7.  Côte d'Ivoire's application for observer status in the Committee was therefore a reflection of 
the Government's willingness to ensure its practices in this area were in line with international 
standards. Concluding, he thanked the WTO  Secretariat for the GPA national workshop it had 
organised in Abidjan on 30 and 31  October  2019. This workshop, as well as the support provided by 
the WTO Secretariat, had contributed to and facilitated the procedure for Côte d'Ivoire to obtain 
observer s tatus in the Committee.  
1.8.  The representatives of the European Union , the United States , the Republic of Korea , Canada , 
Switzerland , the Republic of Moldova , Brazil  and Tajikistan  welcomed Côte d'Ivoire's participation in 
the Committee on Government Procurement as an observer.  
1.9.  The representative of the European Union  said that opening up the accession process would 
pave the way for sharing views and experiences on the benefits of c omplying with the rules and 
principles of the GPA. The European Union noted that recent accessions had demonstrated that 
becoming a fully -fledged Party to the GPA on mutually satisfactory terms could be achieved quickly 
and effectively.  
1.10.  The representative of the United States  thanked Côte d'Ivoire for providing an overview of 
the new domestic procurement provisions that would help to bring transparency to procurement 
practices in Côte d'Ivoire. She said that obtaining observer status provided an opportunity  for 
Côte d'Ivoire to learn more about the GPA and international procurement standards. Her delegation 
looked forward to working with Côte d'Ivoire.  
1.11.  The representative of the Republic of Korea  expressed support for Côte d'Ivoire's efforts for 
greater liber alization of government procurement.  GPA/M/79  
 
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  1.12.  The representative of Canada  expressed the hope that Côte d'Ivoire's observer status would  
inspire other  African countries to follow the same path. She encouraged Côte d'Ivoire to take 
advantage of the government procur ement related training and technical cooperation  activities 
offered by the WTO Secretariat and said that Canada remained available for informal exchanges on 
these matters and looked forward to working with Côte d'Ivoire.  
1.13.  The representative  of Brazil  referr ed to Brazil's  very positive experience as observer in the 
Committee and expressed hope that Côte d'Ivoire's experience as observer would be similarly 
positive.  
1.14.  The representative of Switzerland  said that his delegation was ready to share its experience 
as a GPA Party. Switzerland considered the GPA as an important tool not only to promote open and 
transparent rules for trade in government procurement but also to achieve sustainable economic 
growth.  
1.15.  The representative of Côte d'Ivoire  thanked all delegation s that had spoken for their kind 
words welcoming Côte d'Ivoire and their readiness to share their experiences and good practices 
with his delegation. He reiterated that Côte d'Ivoire stood ready to make progress and to have a 
government procurement system that was responsive to international standards.  
1.16.  In summary, the Chair congratulated Côte d'Ivoire on all the reforms it had undertaken as 
well as those under way to ensure its government procurement system to be in line with international 
best practices. T he Committee would closely follow future developments in the country. Côte d'Ivoire 
was the third observer from Africa after Cameroon and Seychelles. He hoped that more African 
countries would follow Côte d'Ivoire's example. He strongly encouraged the dele gation to participate 
in the Committee's work. Given the particular circumstances in the lead -up to the current meeting , 
he would give Côte d'Ivoire's capital -based delegation one more opportunity to make a statement 
at the Committee's next meeting.  
2  APPLICATION FOR ACCESSION TO THE GPA: BRAZIL  
2.1.  The Chair recalled that in keeping with earlier statements made at the highest level in this 
regard, Brazil had submitted its application for accession to the GPA in document GPA/152 and 
GPA/ACC/BRA/1 o n 19 May 2020.  He said that Brazil's decision to apply for accession was a most 
positive development and sent a very powerful and encouraging signal in exceptionally challenging 
times, not just for Brazil's economy, but for the whole of Latin America and i nternational government 
procurement markets beyond.  He informed the Committee that Brazil was represented on this 
special occasion by a high -level delegation, led by Ambassador Norberto Moretti, Secretary for 
Foreign Trade and Economic Affairs, Ministry of  Foreign Affairs.  
2.2.  The representative of Brazil  said that he was honoured to address the Committee at this 
historical opportunity for Brazil although he regretted not being able to be in Geneva. He referred to 
Brazil's communication of 18 May to the Committ ee stating Brazil's intention to accede to the GPA 
according to its Article XXII. He said that Brazil's application to become a Party to the GPA was fully 
in line with Brazil's national objectives of deeper and wider integration into the international econ omy 
and improved public governance. Becoming a GPA Party implie s accepting more international binding 
commitments, and Brazil did not shy away from them. Brazil had recently concluded negotiations of 
two major free trade agreements, with the European Union  and the European Free Trade Association, 
respectively. In addition, it was negotiating another three equally ambitious bilateral agreements 
with Canada, the Republic of Korea and Singapore. It had also negotiated binding commitments in 
government procurem ent with some of its regional partners, including Chile, Peru and the 
MERCOSUR countries that were not GPA Parties yet, but in a few cases were observers to the 
Committee, as Brazil had been since October 2017.  
2.3.  Continuing, he said that acceding to the GPA  also meant taking part in the relevant discussions 
held by the Committee. Brazil would maintain and deepen its involvement in these activities and 
make a positive contribution to this Committee,  honouring a tradition of constructive engagement 
with the WT O as a whole. He recalled that Brazil was an active participant of the talks on WTO 
reform, individually and as a member of the Ottawa Group. Brazil was also engaged in a thorough 
review of its legislation and practices, including through the adoption of i nternational benchmarks, 
as a prospective member of the OECD.  GPA/M/79  
 
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  2.4.  With regard to government procurement, he said that Brazil had an advanced and evolving 
procurement system. Its procurement legislation followed the constitutional principle of equal 
treatment among competitors, and, as a rule, prohibited discrimination against foreign companies. 
A recent update in the regulation governing its Supplier Registration System at the federal level had 
allowed foreign suppliers to register directly, without the need t o establish a local legal 
representative. In force since May 2019, this change enabled foreign competitors to tender in the 
procurement of common goods and services carried out through electronic auctions, and public 
works under a specific contracting regi me. This new regulation applied to 99% of all procurements 
from the Executive Branch at the federal level. In recent years, Brazil had also strongly promoted 
the digitalization of procurement processes. Electronic auctions represented more than 90% of open  
tendering procurement in the federal government. In addition, under the legislation enacted in 2019, 
this modality was now compulsory for all state -level and municipal -level agencies when procuring 
with federal resources.  
2.5.  Ambassador Moretti also said that  transparency had been a key component not only of Brazil's 
government procurement system, but also of its entire bureaucracy. For almost  a decade, Brazil's 
Transparency Law had significantly improved the degree of openness of government data and had 
secur ed any interested person the right to obtain information relevant to procurement processes 
and government contracts.  More broadly, Brazil had strong institutions that ensured the rule of law. 
It had modern and very active agencies, both in the executive an d legislative branches, responsible 
for auditing public expenditure and fighting corruption. Brazil's judicial system was comprised of an 
autonomous and equally active Prosecution Service and a Judiciary that abided by the principle of 
mandatory jurisdicti on. 
2.6.  He said that a ll the above helped to understand why Brazil was the first country in Latin America 
to seek GPA membership. This was a very significant and positive step that was likely to draw 
considerable attention to and generate interest in the negot iation of Brazil's accession. Brazil would 
enter this process with the confidence that its procurement system was both solid and advanced. 
Previous and current negotiations with specific partners had shown to Brazil the sensitivities it would 
need to addre ss in its GPA accession.  
2.7.  Regarding next practical steps, he explained that Brazil was working on the Replies to the 
Checklist of Issues, which would provide a description of its government procurement regime and 
facilitate consultations relating to Brazil 's accession. He expected to share this document with the 
Committee within a short time from the meeting. In addition, Brazil was also giving careful 
consideration to its market access offer that would be presented in the coming months.  
2.8.  The representative s of the European Union , the United States , Australia , the Republic of Korea , 
Chinese Taipei , Ukraine , Canada , Singapore , Switzerland , the Republic of Moldova  and Tajikistan  
welcomed Brazil's application for accession to the GPA.  
2.9.  The representative of the European Union  said that the application from the largest economy 
in Latin America was an excellent signal underlining the mutual benefits of reciprocal market opening 
and showed the continued relevance of the GPA. Coming at a tim e of unprecedented societal and 
economic challenges caused by the COVID -19 pandemic, Brazil's application highlighted the 
importance of open, transparent and non -discriminatory public procurement regimes to support the 
recovery and provide high -quality ser vices to its citizens.  
2.10.  He said that on 28 June 2019, the European Union and the MERCOSUR member 
countries  - Brazil, Argentina, Paraguay and Uruguay – had reached a political agreement for an 
ambitious, balanced and comprehensive trade agreement. It was the  first international agreement 
to provide for the opening of MERCOSUR's government procurement markets. The government 
procurement chapter of the European Union/MERCOSUR trade deal would open markets on both 
sides according to their market access commitmen ts. In terms of disciplines, the European Union 
and MERCOSUR had agreed to apply modern disciplines based on the principles of 
non-discrimination, transparency and fairness and on the detailed rules of the revised GPA. Brazil's 
public procurement commitmen ts in the EU -MERCOSUR trade agreement would provide a good basis 
for further mutual market opening.  
2.11.  Furthermore, the European Union maintained a dynamic and fruitful regulatory dialogue with 
Brazil on public procurement policy. Building upon that dialogue,  the European Union welcomed GPA/M/79  
 
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  the Brazilian administration's efforts to further increase transparency and to foster competitive 
cross-border procurement according to recognised international standards. The European Union 
encouraged Brazil to proceed swiftly  with the tabling of an ambitious market access offer and Replies 
to the Checklist of Issues. It stood ready to engage with Brazil and to provide advice and support 
during the accession process.  
2.12.  The representative of the United States  acknowledged that Bra zil was a large and very 
important market for GPA suppliers around the world. She said that the United States looked forward 
to Brazil's initial market access offer and its Replies to the Checklist of Issues, so as to learn more 
about the procurement proce dures in Brazil. The United States took note of recent changes in the 
Brazilian procurement system which had allowed greater access for international goods, services 
and suppliers. It was encouraged to see that Brazil had in place an advanced procurement s ystem 
and looked forward to working with Brazil on its GPA accession.  
2.13.  The representative of Australia  said that his delegation was looking forward to receiving an 
ambitious initial market access offer and the Replies to the Checklist of Issues from Brazil. Australia 
stood ready to engage constructively with Brazil towards its timely accession.  
2.14.  The represe ntative of the Republic of Korea  expressed appreciation for Brazil's statement and 
active engagement. He said that his delegation looked forward to receiving Brazil's offer in the 
near future.  
2.15.  The representative of Chinese Taipei  said that his delegation w as looking forward to actively 
engaging with Brazil.  
2.16.  The representative of Ukraine  said that her delegation was looking forward to receiving Brazil's 
initial market access offer and its Replies to the Checklist of Issues. Ukraine was hoping to work 
closely  with Brazil in its accession process.  
2.17.  The representative of Canada  said that it was noteworthy that Brazil was the first country in 
South America to initiate its accession to the GPA. Her delegation hoped that this trend would 
continue. Canada was looking  forward to receiving Brazil's initial market access offer and its Replies 
to the Checklist of Issues and to working closely with Brazil in its accession process.  
2.18.  The representative of Singapore  noted that no WTO Member from the Latin American region 
currently was a GPA Party. Brazil's request was a step in the right direction, which would contribute 
greatly to the diversity of GPA membership. Singapore was looking forward to working with Brazil 
and other GPA Parties for a smooth and successful accession fo r Brazil.  
2.19.  The representative of Switzerland  acknowledged the progress Brazil had made so far in 
reforming its government procurement system and welcomed Brazil's ambition towards achieving 
internationa lly recogn ized standards  in the area of government proc urement. He said that his 
delegation had already had a privileged opportunity to exchange views and experiences about the 
benefits of adhering to GPA rules and principles in the context of the negotiation of an EFTA -Mercosur 
free trade agreement. Switzerla nd was looking forward to deepening its cooperation with Brazil in 
the context of the latter's GPA accession process.  
2.20.  The representative of Brazil  thanked all delegations for their encouraging statements. He 
confirmed that Brazil was working on the Replies  to the Checklist of Issues and its initial market 
access offer. He said that the specification of Brazil's current government procurement system would 
be satisfactory for GPA accession. There would be sensitive issues to be addressed with negotiation 
partners during the accession process, as true for all negotiations. Nonetheless, he was sure that 
Brazil expected to conclude its GPA accession process as soon as possible. Brazil's GPA membership 
would strengthen the GPA and demonstrate the benefits of integ ration to the world economy. It 
would also demonstrate that the GPA was truly open to all WTO Members.  
2.21.  The Chair joined Parties in warmly welcoming Brazil's application to the GPA as the first 
application from a Latin American economy. He said that he was certain that Brazil's accession 
process would be followed in Latin America with great interest, and for that reason alone, it was 
systemically important. The GPA, with its foundational principles of market access on the basis of 
mutual reciprocity, non -discrimination, transparency  and integrity, undoubtedly had the potential to GPA/M/79  
 
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  help Brazil strengthen and develop its economy. He encouraged Brazil to use the momentum it had 
gathered to date, and to submit its initial market access offer and Replies to the Che cklist of Issues 
in the near future.  
3  OTHER BUSINESS  
3.1.  The representative of the Republic of Moldova  presented to the Committee a short overview of 
recent developments in the public procurement system of the Republic of Moldova. She said that on 
26 June 2020,  the Republic of Moldova had published Law No. 74 on Procurement by Entities 
Operating in the Water, Energy, Transport and Postal Services Sectors to transpose the EU 
Directive  2014/25 and to keep in line with the GPA standards. The Law offered a better in strument 
at the national level for some of the Annex 3 entities in implementing the GPA provisions. Previously, 
in some cases, the entities had had to apply the GPA provisions directly without a primary national 
legislation, except some secondary legislati on, in this regard. The adoption of this law would increase 
the efficiency of public procurement in water, energy, transport and postal services sectors in 
the country.  
3.2.  In addition, the Government of the Republic of Moldova had implemented the e -Procuremen t 
system and M -Tender one year ago. With the support of the IFIs, the EBRD and the European Union, 
it continued to develop and expand the use of the e -Procurement system in small value procurement. 
This increased the efficiency of public spending. An updat ed open contracting portal for public 
procurement in the Republic of Moldova had also been launched at the end of 2019. This portal 
collected and published data about all public contracts signed during the period of 2012 -2019.  
3.3.  The Chair thanked the represe ntative of the Republic of Moldova for the statement.  
 
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