RESTRICTED  
  
GPA/M/64  
 
11 May 2016  
(16-2600)  Page: 1/4  
Committee on Government Procurement   
 
 MINUTES OF THE FORMAL MEETING OF 17 FEBRUARY 2016 
CHAIRMAN: MR JOHN NEWHAM (IRELAND) 
The Chairman said that, in preparation for the meeting, delegations had received an Airgram1 
setting out the proposed agenda, in addition to two related faxes. The proposed agenda was as 
follows:  
1. Chairmanship of the Committee in 2016;  
2. Moldova: Request for an Extension of the Period for Submission of its Instrument of 
Accession to the Agreement on Government Procurement; and 
3. Other Business, if any. 
In regard to Other Business, the Chairman said that, as foreseen in the fax circulated by the 
Secretariat, he would draw to the attention of the Committee the dates that had been reserved for 
further substantive meetings of the Committee in 2016. 
 
No other items of other business had been proposed by delegations.  
The Committee adopted the agenda, with the additi onal information item on meeting dates.  
 
1  CHAIRMANSHIP OF THE COMMITTEE IN 2016 
1.1.  The Chairman said that based on conversa tions with delegations, it was his understanding 
that the Committee wished him to continue as its Chairman for the duration of 2016.  
1.2.  The Committee re-elected Mr John NEWHAM (Ireland) as its Chairman for 2016. 
1.3.  The Chairman thanked all delegations for the trust that they had placed in him. It was an 
honour to serve as Chairman of the Committee, part icularly in view of the growing importance of 
the Agreement in the world economy and the WTO system. It was his hope and expectation that 
2016 would be another very significant year for the Committee, and would witness important 
progress on diverse aspects of its work. In particular, he hoped that, in the course of 2016: 
 First, the Committee would see the entry into force of the Agreement for the one 
remaining delegation having still to accept the Protocol of Amendment adopted in 2012, 
in addition to the entry into force of the Agreement for the two new Parties whose 
accessions had been concluded the previous year; 
 Second, the Committee could conclude work on as many additional accessions to the 
Agreement as possible, notably those of Aust ralia, Tajikistan and the Kyrgyz Republic. 
This was, of course, subject to all delegations' negotiating interests and to developments 
that had still to occur; 
 Third, delegations might ensure that discussions on China's accession would at least 
move closer to a mutually satisfactory conclusion, and that there would be new 
developments on the accessions of some other observer delegations having outstanding 
                                               
1 WTO/AIR/GPA/6 of 5 February 2016. GPA/M/64 
 
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  commitments in this area. In this regard, consistent with the commitment set out in 
Russia's WTO accession protocol, he looked forward to Russia's initial steps toward its accession to the Agreement which were expected later in 2016; 
 Fourth, the Committee would be in a position to adopt, in the course of the planned 
meetings in June 2016, its draft decision on Arbitration Procedures that had been 
provisionally approved at the Committee's meeting in November 2015.
2 Subsequent to 
this, when Parties were ready, he would hope to see resumed progress on the related 
draft decision on Indicative Criteria concerning the de-listing of Parties' covered entities, 
and on the separate decision on criteria for determining the level of compensatory adjustment which was also called for by Article XIX:8 of the revised Agreement. The circulation by interested delegations, in due course, of proposals and relevant ideas for 
discussion would be helpful in this respect; 
 Fifth, that the Committee would move forward effectively in regard to the various agreed 
Work Programmes, completing the steps and fu lfilling the expectations for each Work 
Programme that were set out in the relevant  Committee decisions found in Appendix 2 of 
document GPA/113 of 2 April 2012. His personal belief, based directly on the text of the relevant decisions, was that the completion of the work programmes as foreseen in the 
decisions was important for transparency; for the efficient and effective implementation 
of the Agreement; and, at least in some respects, for the future negotiations that were mandated by Article XXII:7 to be initiated in 2017; and 
 Sixth, with the Secretariat's assistance, the Committee would see significant continuing 
progress on the implementation of the e-GP A project. As the Committee had previously 
acknowledged, the e-GPA portal was a very important tool to maximize the visibility of the Agreement and the efficiency with which it was administered. 
1.4.  Delegations warmly congratulated the Chairman on his re-election and pledged to work hard 
under his leadership in pursuing the Committee's 2016 programme of work. 
2  REPUBLIC OF MOLDOVA: REQUEST FOR EXTENSION OF THE PERIOD FOR SUBMISSION 
OF ITS INSTRUMENT OF ACCESSION TO THE AGREEMENT ON GOVERNMENT 
PROCUREMENT (GPA) 
2.1.  The Chairman recalled that, on 16 September 2015, the Committee had adopted a draft 
Decision inviting the Republic of Moldova to accede to the Agreement on Government 
Procurement, on the basis of the terms that had been negotiated.3 Under the terms of the 
decision, the Republic of Moldova was authorized to deposit its instrument of accession within a period of six months of the date of that decision. 
2.2.  On 5 February 2016, the Republic of Moldova had circulated a request for an extension of the 
period for submission of its instrument of accession to the Agreement by three months.
4 As 
explained in its request, the need for the extensio n had arisen as a result of a recent change of 
government in its capital, and a resulting need for additional time for completion of its 
Parliamentary review process. In its request, the Republic of Moldova had assured the Committee that it remained firmly committed to accession to the Agreement, and in this respect was already moving ahead with the necessary internal procedures. 
2.3.  In light of Moldova's request, also on 5 February 2016, the Secretariat circulated a draft 
decision for consideration and adoption by the Committee, if agreeable, at the present meeting.
5 
The draft decision that was before the Committee responded to the Republic of Moldova's request 
for an extension of the period for submission and, subject only to a minor technical correction to 
                                               
2 GPA/M/63, dated 21 January 2016, paragraphs 5.1 to 5.7. 
3 GPA/131, dated 21 September 2015. 
4 GPA/ACC/MDA/28, dated 5 February 2016. 
5 GPA/ACC/MDA/29, dated 5 February 2016. GPA/M/64 
 
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  the date6, all other elements of the Committee's original decision of 16 September 2015 remained 
unchanged. 
2.4.  As drafted, and subject only to the afor ementioned minor correction to be made by the 
Secretariat to reflect the correct date, the decision would extend the period for submission of the 
Republic of Moldova's instrument of accession until 16 June 2016.6 The Republic of Moldova had 
given its assurance that the required extension would provide sufficient time to complete the process of its accession. 
2.5.  The Committee adopted the draft decision, ex tending the period for the submission by the 
Republic of Moldova of the instrument of accession, with the correction previously noted, to 
16 June 2016.7 
2.6.  The representative of the Republic of Moldov a said that his delegation deeply appreciated the 
Decision that had just been adopted by the Committee. The decision illustrated both the 
constructive nature of the Committee's work and the GPA Parties' laudable willingness to show flexibility in order to find mutually agreeable solutions. As noted in the official letter circulated to 
the Parties on 4 February 2016, an internal assessment made by his government had indicated 
that, for reasons detailed in the letter, the domestic ratification process might not be completed within the previously authorized time-frame. In order to avoid a possible non-compliance with the 
agreed terms of accession and with a view to allowing sufficient time for completion of the 
ratification process, the Moldovan Government had decided to request an extension of three 
months in the period for the deposit of its instrument of accession. 
2.7.  As underscored in the letter of the Deputy Pr ime Minister of the Republic of Moldova to the 
Chairman, the new Moldovan Government was fully committed to bringing to its conclusion the 
ratification process, as well all related formalities, within the three-month extension period requested and reflected in the draft decision. In th is context, the draft Law on the Accession of the 
Republic of Moldova to the GPA had already been co-ordinated at the governmental level, in a 
consultative process that involved the relevant line-ministries and agencies. Following this, the 
draft document had been submitted for consideration by the relevant Parliamentary Committees. 
As soon as this part of the Parliamentary work was completed, the draft of the Law on Accession 
would be proposed for final adoption  to the Parliament as a whole. 
2.8.  In light of the aforementioned developmen ts, his delegation did not exclude the possibility 
that the instrument of accession could be deposited well ahead of the expiration of the newly 
approved time-frame, and before the next meet ing of the Committee. In a related matter, he 
requested that the Secretariat use, in all instances and in all documents, including GPA related ones, the official name only of his country as formally registered within the UN system – namely, 
the "Republic of Moldova". 
2.9.  The Republic of Moldova looked forward to becoming a full-fledged participant in the 
Committee on Government Procurement, and was eage r to work closely, within this framework, 
with all Parties in a constructive manner that will make the GPA a successful and indispensable 
WTO instrument. 
2.10.  The Committee took note of the statement that had been made.  
3  OTHER BUSINESS 
3.1.  The Chairman said that the dates that had been reserved for further substantive meetings of 
the Committee in 2016, beyond the present meeting, as set out in a fax by the Secretariat8, were: 
 The week beginning 20 June ; and 
                                               
6 The Chairman said that he had been advised by th e Secretariat of a minor clerical error in the draft 
decision which should be corrected before its adoption. The correct date (providing an additional three months 
for submission of the instrument) was 16 June 2016. The error had arisen due to a mix-up between the date 
on which the original decision was adopted (16 September 2015) and the date on which it was circulated 
(21 September 2015). 
7 Subsequently issued as GPA/131/Add.1, dated 19 February 2016. 
8 RD/GPA/31, dated 18 February 2016. GPA/M/64 
 
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   The week beginning 17 October . 
3.2.  For completeness, these dates were exclusive of the Committee's end-of-year housekeeping 
meeting, which would be scheduled for late Nove mber, at which participation by Geneva-based 
officials only would be expected, and any other shor t meetings to be attended by Geneva officials 
only that might be deemed necessary to respond to contingencies. 
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