RESTRICTED  
  
GPA/M/70  
 
20 December 2017  
(17-7122) Page: 1/6 
Committee on Government Procurement   
 
MINUTES OF THE FORMA L MEETING OF 15 NOVE MBER 2017  
CHAIRMAN: MR JOHN NE WHAM (IRELAND)  
The Chairman  said that, in preparation for the meeting, delegations had received an Airgram1 
setting out the proposed agenda, and an Annotated Agenda.2 As well, an initial draft of the 
Committee's Annual Report (2017) to the General Council had been circulated on 
2 November  2017.3 Subsequently, a revised version of the draft Report, incorporating, in track 
changes, minor updates and corrections, had been circulated by the Secretariat on 
9 November  2017.4  
 
The proposed agenda for the meeting was as follows:  
 
1. Implementation of the A greement on Government Procurement  (GPA) ; 
2. Accessions to the Agreement;  
3. The Committee's agreed Work Programmes;  
4. Notifications under the Agreement, including regarding thresholds, national 
implementing legislation, statistical reports, and modifications to the Agreement's 
Appendices;  
5. Review and approval, with any amendments, of the Committee's draft Annual Report to 
the General Council; and  
6. Other business, if any.  
The Chairman mentioned that, under the heading of Other Business, he would recall the dates that 
had been agreed for the Committee's meetings in 2018. No item of other business had been  
proposed.   
The Co mmittee adopted  the agenda, as proposed by the Chairman.  
 
1  IMPLEMENTATION OF TH E AGREEMENT ON GOVER NMENT PROCUREMENT  
1.1.  The Chairman  said that a number of relevant developments had taken place in the course of 
the period under review . In particular, the Chairman c alled delegations' attention to:  
a. The state -of-play regarding acceptance of the revised Agreement, as reflected in Part 
2.1 of the Committee's draft Annual Report ( GPA/W/345/Rev.1 , dated 
9 November  2017; subsequently approved, with minor amendmen ts, and circulated as 
GPA/145 of 16  November 2017 (hereinafter "the Committee's Annual Report"));  
b. The implementation of the Agreement by newly acceded Parties and, particularly, the 
discussion that had been initiated by Ukraine and the Republic of Moldova  on the 
                                                
1 WTO/AIR/GPA/12, dated 3 November 2017 . 
2 RD/GPA/55, dated 7 November 2017.  
3 GPA/W/345, dated 2 November 2017 . 
4 GPA/W/345/Rev.1 , dated 9 November 2017.  GPA/M/70  
 
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  potential contribution to the Committee's work of an open -ended discussion on the 
impact of ongoing technological developments in the world of government procurement 
(relevant details are set out in the Committee's Annual Report, Part 2.2);  
c. The co ntinuing development of the "e -GPA" system to provide enhanced access to 
information concerning the Agreement, in a user -friendly format (relevant details are 
provided in the Committee's Annual Report, Part 2.3);  
d. The discussion that was held in the Committee during its formal meeting of 18  October 
2017, on current developments concerning buy national initiatives in the United States 
of America (relevant details are set out in the Committee's Annual Report, Part 2.4 ); and  
e. The Committee's mandated work on draft decisions pursuant to Article XIX:8 of the 
revised GPA (relevant details are set out in the Committee's Annual Report, Part 2.5).   
1.2.  The representative of Switzerland  said that, further to the update that his de legation had 
provided at the Com mittee's meeting in October 2017 , the internal legislative procedure in 
Switzerland for the approval of the revised GPA  was proceeding as foreseen. He said that the 
matter was currently under discussion in relevant Committee s of the Swiss Parliament.  
1.3.  The Committee :  
a. Confirmed  its hope that the revised Agreement would enter into force for Switzerland as 
soon as possible , taking due account of relevant internal requirements and legislative 
procedures;  
b. Confirmed  the importance it attached to the implementation of the Agreement by newly 
acceded Parties, and expressed its interest in receiving future updates;  
c. Re-confirmed  the importance it attached to the e -GPA project, and to continuing work on 
the project, including, notably, t he completion of further functions as foreseen in 
"Phase  3"; and  
d. Re-confirmed  that further work on the Committee's draft decision on Indicative Criteria 
and the development of a draft decision on Compensatory Adjustments would be taken 
up as and when Part ies consider it timely.  
2  ACCESSIONS TO THE AG REEMENT ON GOVERNMEN T PROCUREMENT  
2.1.  The Chairman  referred to the  progress  that had been achieved  with respect to accessions to 
the Agreement in the course of the reporting period. In particular, he called delegatio ns' attention 
to the following highlights:  
a. The granting of observer status in the Committee to Afghanistan and Brazil, with the 
understanding that Afghanistan's request for accession to the Agreement would  
eventually follow  (relevant details are set out i n the Committee's Annual Report, Part 1) ; 
b. Further constructive discussions and progress on the accessions of Australia, the Kyrgyz 
Republic and the Republic of Tajikistan (relevant details are set out in the Committee's 
Annual Report, Part 3.1) ;  
c. The initiation of discussion on the accession of the Russian Federation, the receipt of its 
initial coverage offer, and the assurance given by the delegation that its replies to the 
Checklist of Issues would be circulated before the end of the year  (relevant d etails are 
set out in the Committee's Annual Report, Part 3.2) ;  
d. Continuing constructive discussions regarding possibilities for further progress on the 
accession of China (relevant details are set out in the Committee's Annual Report, Part 
3.3);  GPA/M/70  
 
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  e. Receipt of the former Yugoslav Republic of Macedonia's application for GPA accession 
together with its replies to the Checklist of Issues, and the delegation's assurance that 
its initial market access offer would be circulated as soon as possible  (relevant details  
are set out in the Committee's Annual Report, Part 3.4) ;  
f. The r egular updates provided by the Chairman on his outreach efforts to Latin American 
countries regarding their  potential  interest in the Agreement  (relevant details are set out 
in the Committee's  Annual Report, Part 3.5) ;  
g. Developments concerning the status of other pending accessions and GPA accession 
commitments undertaken by some WTO Members. Notably, in June 2017, Georgia had 
updated the Committee on its ongoing government procurement reforms and had 
indicated that it was conducting a feasibility and impact study on GPA accession  
(relevant details are set out in the Committee's Annual Report, Part 3.6) ; and  
h. The brief periodic reports that the Secretariat had made on its technical assistance 
activities related to GPA accessions/implementation of the Agreement by newly acceded 
Parties. The Secretariat had also updated the Committee, from time to time, on ongoing 
efforts to achieve greater coherence/synergies in the work of international organizat ions 
active in this area  (relevant details are set out in the Committee's Annual Report, Part 
3.7). 
2.2.  The representative of Seychelles  said that, upon its accession to the WTO, the Seychelles had 
made a commitment to initiate GPA accession  negotiations. In t his regard, she recalled that during 
the Committee 's formal meeting  held on 16 September 2015, the Seychelles' request for observer 
status to the Committee had been approved. During the same meeting, Seychelles had informed 
the Committee that the GPA provi sions were relatively new for her country and given the 
budgetary constraints associated with GPA accession, her delegation would require technical 
assistance. She said that her delegation had officially requested technical assistance from the WTO 
Secretar iat. It had been  envisaged that a national seminar on the GPA would be organized for the 
Seychelles in the first half of 2018. The aim of the national seminar would be to ensure that 
national stakeholders could acquire the capacity and the necessary negoti ating skills for the GPA 
accession process and also to assist with the review of relevant national legislation. Following the 
national seminar, the Seychelles would develop a GPA accession plan and advise the Committee, 
in due course. Her delegation thanke d the Secretariat for its continuous support and expressed the 
hope that the Seychelles' request for technical assistance would be considered fa vourably.  
2.3.  The Committee :  
a. Confirmed  its hope that work on the GPA accessions of Australia, the Kyrgyz Republic 
and the Republic of Tajikistan  would be concluded in 2018, subject to the satisfactory 
resolution of outstanding issues and mutually satisfactory outcomes;  
b. Confirmed  its hope that good progress would  be made in 2018 on the GPA accession of 
the Russian Feder ation, and confirmed  its interest in receiving the Russian Federation's 
replies to the Checklist of Issues as soon as possible, to facilitate such progress ; 
c. Confirmed  its hope that a further revised offer would be circulated by China as soon as 
possible in  2018, and that further constructive dialogue and progress regarding the GPA 
accession of China would follow;  
d. Confirmed  its interest in receiving the former Yugoslav Republic of Macedonia's initial 
market access offer as soon as possible , and hoped that this GPA accession could  move 
forward swiftly in 2018 ; 
e. Expressed  its satisfaction with the Chairman's outreach efforts to Latin American 
delegations, and confirmed its hope that interest in the Agreement would grow over 
time, in Latin America, and in other  relevant regions of the world;  GPA/M/70  
 
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  f. Confirmed  its keen interest that delegations  having outstanding accession commitments 
or whose accessions had been inactive for an extended period would take steps to 
initiate or re -invigorate relevant work in 2018;  
g. Recorded  its continuing support for the Secretariat's technical assistance activities to 
publicize the Agreement, facilitate accession to it, and facilitate its implementation by 
acceding Members;  
h. Recorded  its appreciation to the European Bank for Reconstr uction and Development 
(EBRD) and the Commercial Law Development Programme of the US Department of 
Commerce (CLDP) for their related work in cooperation with the Secretariat; and  
i. Recorded  its support for ongoing efforts to promote greater coherence and syn ergies in 
the work of international organizations active in the area of government procurement, 
including through enhanced and deeper cooperation in the provision of technical 
assistance, where possible and appropriate.  
3  THE COMMITTEE'S AGRE ED WORK PROGRAMM ES 
3.1.  The Chairman  said that significant work had been done by the Committee during the review 
period in relation to its agreed Work Programmes.5 The Work Programmes were intended,  broadly, 
to: (i) promote transparency with respect to Parties' implem entation of the Agreement; 
(ii) facilitate, where relevant, improvements in the administration of the Agreement; and 
(iii) contribute, where appropriate, to preparations for the future negotiations that were called for 
in Article XXII:7 of the revised GPA. He calle d delegations' attention , in particular,  to: 
a. The further constructive discussions, exchanges and progress that had occurred on the 
Work Programmes on: (i) Sustainable Procurement; (ii) the Collection and R eporti ng of 
Statistical Data; and (iii)  Small and M edium -sized E nterprises (SMEs)  (relevant details 
are set out in the Committee's Annual Report, Part 4, paragraph 4.2);  
b. The circulation of an updated compilation of replies  that had been received pursuant to 
the Work Programme on Exclusions and Restrictions  in Parties' Annexes  (relevant details 
are set out in the Committee's Annual Report, Part 4, Paragraph 4.3); and  
c. The Committee's other Work Programmes foreseen at the conclusion of the GPA 
renegotiation in 20126, for example on Safety Standards  in Internat ional Procurement;  
Review of the Use, Transparency and Legal Frameworks of Public -Private Partnerships, 
and their Relationship to Covered Procurement ; the Advantages and Disadvantages of 
Developing Common Nome nclature for Goods and Services;  and the Advantages and 
Disadvantages of Developing Standardized Notices  (see also the Annual Report, Part 4, 
paragraph 4.4).  
3.2.  The Committee :  
a. Took note  of the progress achieved in relation to the various Work Programmes as set 
out in the Annual Report and relat ed documents, and noted the relevance of this work to 
improved transparency among Parties and/or to preparations for the further negotiations 
that were referenced in Article XXII:7 of the revised GPA;  
b. Took note  of the requirements set out in the Committee' s Decisions establishing the 
Work Programmes;  and 
c. Encouraged  Parties that had not yet provided relevant  inputs to the Work Programmes 
to do so.  
                                                
5 See Annexes B, C, D, E, F and G of Appendix 2 of the Committee's Decision of 30  March 2012 on the 
Outcomes of the Negotiations  (GPA/113, dated 2 April 2012 ). 
6 See GPA/113 of 2 April 2012, Appendix 2, Annexes B and G.  GPA/M/70  
 
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  3.3.  Concerning the review that was called for in paragraph 6 of the Decision establishing the 
Work Programme on Excl usions and Restrictions in Parties' Annexes, the Committee :  
a. Re-confirmed  that the exchange of information that had already been conducted 
pursuant to the Work Programme had been useful ;  
b. Cordially requested  Parties that had not yet provided their relevant  inputs to the Work 
Programme, including rec ently acceded Parties, to do so; and  
c. Noted  that any Parties desiring additional information concerning any other Parties' 
exclusions and restrictions are entitled to so request under the terms of paragraph 4 of 
the same Decision, or pursuant to their general rights as Parties to the Agreement.  
4  NOTIFICATIONS UNDER THE AGREEMENT, INCLU DING REGARDING THRES HOLDS, 
NATIONAL IMPLEMENTIN G LEGISLATION, STATI STICAL REPORTS, AND MODIFICATIONS 
TO THE AGREEMENT'S A PPENDICES  
4.1.  The Chairman  said that  a number of relevant developments regarding notifications under the  
Agreement  had taken place  in the course of the reporting period. In particular, he called 
delegations ' attention to :  
a. Notifications of threshold f igures in National Currencies  (relevant details are set out in 
the Committee's Annual Report, Part 5.1);  
b. Notification s of national implementing legislation  (relevant details are set out in the 
Committee's Annual Report, Part 5.2);  
c. Notifications of statistical reports (releva nt details are set out in the Committee's Annual 
Report, Part 5.3); and  
d. The state -of-play regarding n otifications relating to the Appendices to the Agreement  
(relevant details are set out in the Committee's Annual Report, Part 5.5) . 
4.2.  The Committee : 
a. Took note of the notifications that had been made in the course of the reporting period 
and encouraged delegations that had not yet provided relevant notifications to do so; 
and  
b. Took note  of the state of play regarding modifications to Appendix I of the Agreem ent. 
5  REVIEW AND APPROVAL,  WITH ANY AMENDMENTS,  OF THE COMMITTEE'S D RAFT 
ANNUAL REPORT TO THE  GENERAL COUNCIL  
5.1.  The Chairman  noted that Article XXI:3 of the revised GPA required the Committee to review 
annually the implementation and operation of the Agreemen t, and to inform the General Council of 
developments during the periods covered by such reviews.7 In light of these requirements, a draft 
of the report had been circulated to delegations in advance of the meeting.8 Subsequently, a 
revised and updated versi on, incorporating a few minor corrections  and updates, had also been 
circulated.9  
5.2.  The Committee adopted  the Annual Report with the appropriate updates and correction s.10  
5.3.  The representative of Montenegro  said that, in her delegation's view, the Annual Repo rt 
reflected the growing interest in the substantive work of the Committee and the significant 
                                                
7 See also th e 1994 Agreement, Article XXIV:7(b).  
8 GPA/W/345, dated 2 November 2017.  
9 GPA/W/345/Rev.1 , dated 9 November 2017.  
10 Subsequently circulated as GPA/145, dated 16 November 2017 (see also  GPA/145/Corr.1, dated 
17 November 2017).  GPA/M/70  
 
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  progress that had been achieved in the course of the reporting period. In addition, it highlighted 
the significant contribution of the Agreement to good governan ce, enhanced transparency, and to 
the rule -based international trading system. She expressed her appreciation to the Parties, the 
Secretariat and the Chairman for their continuous support to recently acceded Parties and 
acceding candidates. In particular, she commended the Secretariat for its technical assistance 
activities to facilitate accessions to the Agreement and to promote its effective implementation. 
She also recorded her appreciation to the EBRD and CLDP for their related work in cooperation 
with the Secretariat and the Parties.  
6  OTHER BUSINESS  
6.1.  The Chairman  recalled that the following dates had previously been agreed upon for the 
Committee's meetings in 2018 : (i) the week beginning 12 March 2018, including plurilateral  
sessions to be held on Wednesday, 14 March 20 18; (ii) the week beginning 25 June 2018, 
including plurilateral sessions to take place on Wednesday, 27  June 2018; and (iii) the week 
beginning 15 October 2018, including plurilateral sessions to be held on 
Wednesday,  17 October  2018.  
 
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