RESTRICTED  
  
GPA/TN1994/3/Rev.24  
 
8 October  2007 
(24-2593) Page: 1/9 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
 
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT:  
THE STATE OF WORK ON ARTICLE XXII WITH RELATED TEXT  
AND DRAFT DECISIONS ILLUSTRATING POSSIBILITIES FOR  
GIVING LEGAL EFFECT TO THE REVISED AGREEMENT 
NOTE BY THE SECRETARIAT  
Revision  
In the informal closing session that took place on 4  October  2007, the Secretariat was asked to issue 
a document reflecting the state of the work on Article  XXII of the revised Agreement on Government 
Procurement together with related text and dra ft decisions illustrating possibilities for giving legal 
effect to the revised Agreement.  All agreed qualifiers were to be retained.  
 
This note comprises the requested document.  It embodies three elements:  
 
 (1) text of Article XXII (pages 2 -5 of the attac hed document);  
 
(2) decision to be taken if the revised text is given effect as a new agreement (page 6); 
and 
 
(3) decision, protocol and textual amendment to be adopted if the revised text is given 
effect as an amendment to the existing (1994) Agreement (pages 7 -9). 
 
Elements 2 and 3 above are alternatives and reflect work in progress.  All elements of the attached 
text are subject to further consideration by Parties with the understanding that nothing is agreed 
until everything is agreed.  
 
_____ __________  
 
 Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs259 ) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.24  
 
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  TEXT OF ARTICLE XXII  
 
[N.B.:  This Article will need to be reconsidered in light of decisions to be taken regarding 
the giving of legal effect to the revised GPA.  The Parties are still reviewing the entire 
Article and may propose additional chan ges to this Article.]  
 
Article  XXII  Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter into force on [1 January 1996]US [...] for those WTO Members 
whose agreed coverage is set out in [the]US Annexes  [to]US [1 through  6 of] Appendix  I, and that 
have, by signature, accepted this Agreement on [15 April 1994]US [...], or have, by or on that date, 
signed this Agreement subject to ratification and have subsequently ratified this Agreement before 
[1 January  1996]US [...]. [N.B.:  The proposed changes are intended to restore the language 
of the original provision, wi th the modifications necessary to conform to the rest of the 
Agreement if the revision is given legal effect as an amendment.]US 
 
[Transitional Arrangements  
 
2. Between the Parties to this Agreement that are also Parties to the Agreement on Government 
Procurement dated 15  April 1994 ("1994  Agreement"), the 1994  Agreement shall cease to apply on 
the date of entry into force of this Agreement for those Parties.  When all Parties to the 
1994 Agreement have accepted this Agreement, the 1994  Agreement shall be te rminated.1 
 
3. The provisions of Articles XVIII and XX of this Agreement shall apply to covered procurement 
that has commenced after the entry into force of this Agreement.2] [N.B.:  If the revision is given 
effect as an amendment, paragraphs 2 and 3 should be deleted as unnecessary.]US 
 
Accession  
 
4. Any Member of the WTO may accede to this Agreement on terms to be agreed between that 
Member and the [Parties, as set out in a decision of the Committee].  Accession shall take place by 
deposit with the Di rector -General of the WTO of an instrument of accession that states the terms so 
agreed.  This Agreement shall enter into force for a Member acceding to it on the 30th day following 
the deposit of its instrument of accession.3 [Any WTO Member that accedes to this Agreement shall 
be deemed to have acceded to this Agreement as amended by any amendments that are in force on 
the date of such accession.]US 
 
Reservations  
 
5. [Subject to paragraph 10 bis of this Article, where coverage commitments may be negotiated  
and accorded by the Parties to one another on the basis of mutual reciprocity, no]SGP [No] Party may 
enter a reservation in respect of any provision of this Agreement.  [N.B.:  The EC considers that 
Singapore is raising an important point as to the legality  of country -specific derogations 
in view of the MFN requirement in Article IV of the revised GPA.]  
 
Domestic Legislation  
 
6. Each Party shall ensure, not later than the date of entry into force of this Agreement for it, 
the conformity of its laws, regulations and administrative procedures, and the rules, procedures and 
practices applied by its procuring entities, with the provisions of this Agreement.  
 
 
1 Negotiators' Note: The Parties are still considering the need for and th e content of this paragraph.  
2 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
3 Negotiators' Note: The Parties are still considering this paragraph.  GPA/TN1994/3/Rev.24  
 
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  7. Each Party shall inform the Committee of any changes in its laws and regulations relevant to 
this Agreement and in the administration of such laws and regulations.  
 
8. Each Party shall seek to avoid introducing or continuing discriminatory measures that distort 
open procurement.  
 
Future Work  
 
9. Not later than the end of [...] from the date of entry  into force of this Agreement, and 
periodically thereafter, the Parties shall undertake further negotiations, with a view to improving the 
Agreement and achieving the greatest possible extension of its coverage among all Parties, taking 
into consideration the needs of developing countries.4 [N.B.:  If the revision is given legal effect 
as an amendment, in this paragraph and those that follow any reference to X years from 
the date of entry into force of this Agreement should be X years from 1  January 1996.]US 
 
10. The Parties shall, in the context of the negotiations referred to in paragraph 9, seek to 
eliminate discriminatory measures that remain on the date of entry into force of this Agreement.5 
 
[Coverage negotiating principles and negotiations  
 
10bis.(1) With a view to improving this Agreement and achieving the greatest possible extension 
of its coverage among all Parties on the basis of mutual reciprocity and in order to encourage all 
Parties to avoid introducing or continuing discriminatory measures and practices that distort open 
procurement and ensure that with regard particularly to the needs of developing countries, such 
measures and practices are progressively reduced and/or eliminated in the course of any coverage 
negotiations undertaken pursuant to this Agreement (hereinafter r eferred to as "coverage 
negotiating principles"), the Parties hereby reiterate and reaffirm the application of the aforesaid 
coverage negotiating principles to all coverage negotiations undertaken pursuant to this Agreement 
either among the Parties or betw een the Parties and any Member of the WTO wishing to accede to 
this Agreement under paragraph 4 of this Article, and also to the results of any coverage negotiations 
scheduled as Appendices to this Agreement.  
 
(2) Article XIX (Modifications and Rectificati ons to Coverage) and Article XX (Consultations and 
Dispute Settlement) shall not apply to the results of all coverage negotiations undertaken pursuant 
to this Agreement and agreed to by the Parties on the basis of the aforesaid coverage negotiating 
princip les.6]SGP [N.B.:  Singapore is proposing to replace paragraphs 9 and 10 by paragraph 
10bis.]  
 
11. Following the conclusion of the work programme to harmonize rules of origin for goods being 
undertaken under the Agreement on Rules of Origin in Annex  1A of t he WTO Agreement and 
negotiations regarding trade in services, the Parties shall take the results of that work programme 
and those negotiations into account in amending Article  IV:5, as appropriate.  
 
12. Not later than the end of the third  year from the date of entry into force of this Agreement, 
the Committee shall undertake further work to consider the advantages and disadvantages of 
developing common nomenclature for goods and services and standardized notices.  
 
13. Beginning two years after entry into  force of this Agreement, the Committee shall regularly 
assess the effectiveness of the use of Articles XVI:4 and 5.  
 
14. Not later than the end of the fifth year from the date of entry into force of this Agreement, 
the Committee shall examine the applicab ility of Article XX:2(b).  
 
 
4 Negotiators' Note: The Parties shall review the con tent of this paragraph  before the end of the 
negotiations.  
5 Negotiators' Note: The Parties shall review the content of this paragraph before the end of the 
negotiations.  
6 Negotiators' Note: The Parties shall review the content of this paragraph before th e end of the 
negotiations.  GPA/TN1994/3/Rev.24  
 
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  Amendments  
 
15. The Parties may amend this Agreement [having regard, inter alia , to the experience gained in 
its implementation].  Such an amendment, once the Parties have concurred in accordance with the 
procedures established by  the Committee, shall take effect for the Parties that have accepted them 
upon acceptance by [...] of the Parties and thereafter for each other Party upon acceptance by it.7 
[N.B.:  Should the second sentence be deleted as unnecessary since it sets out a g eneral 
rule and paragraphs 16 and 17, which are taken from the Marrakesh Agreement, contain 
specific rules on amendments?  Further consideration should also be given to paragraphs 
16 and 17.]US 
 
16. Amendments to provisions of this Agreement of a nature that would alter the rights and 
obligations of the Parties, shall take effect for the Parties that have accepted them upon acceptance 
by [...] of the Parties and thereafter for each other Party upon acceptance by it.  The Committee may 
decide by a [. ..] majority of the Parties that any amendment made effective under this paragraph is 
of such a nature that any Party that has not accepted it within a specified period shall be free to 
withdraw from this Agreement or to remain with the consent of the Comm ittee.8 
 
17. Amendments to provisions of this Agreement of a nature that would not alter the rights and 
obligations of the Parties shall take effect for all Parties upon acceptance by [...] of the Parties.9 
 
Withdrawal  
 
18. Any Party may withdraw from this Agreement.  The withdrawal shall take effect upon the 
expiration of 60  days from the date the Director -General of the WTO receives written notice of the 
withdrawal.  Any Party may upon such notification request an immediate meeting of the Committee . 
 
19. Where a Party to this Agreement ceases to be a Member of the WTO, it shall cease to be a 
Party to this Agreement with effect on the date on which it ceases to be a Member of the WTO.  
 
Non-application of this Agreement between Particular Parties  
 
20. This Agreement shall not apply as between any two Parties where either Party, at the time it 
accepts or accedes to this Agreement, does not consent to such application.  
 
Appendices  
 
21. The Appendices to this Agreement constitute an integral part thereof.  
 
Secretariat  
 
22. This Agreement shall be serviced by the WTO Secretariat.  
 
Deposit  
 
23. This Agreement shall be deposited with the Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this Agreement, of each rectification or modification 
thereto pursuant to Article XIX and of each amendment pursuant to paragraph  16 or 17, and a 
notification of each accession thereto pursuant to paragraph  4 and of each withdrawal pursuant to 
paragraph  18. 
 
 
7 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
8 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  
9 Negotiators' Note: Th e Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.24  
 
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  Registration  
 
24. This Agreement shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 
Done at [Marrakesh]US [...] this  [fifteenth]US [...] day of [April one thousand nine hundred and 
ninety -four]US [...] in a single copy[,]US in the English, French and Spanish languages, each text 
being authentic, except as otherwise specified with respect to the Appendices to this Agreement.  
[N.B.:  The original text should be retained here if the revision is given effect as an 
amendm ent.]US 
 GPA/TN1994/3/Rev.24  
 
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  DECISION IF THE REVISED TEXT IS GIVEN EFFECT AS A NEW AGREEMENT  
 
[DRAFT DECISION]  
Arrangement for the Period of Coexistence of the 1994 Agreement on Government  
Procurement and the [2007] Agreement on Government Procurement10 
 
 
 The Committee on G overnment Procurement , 
 
 Noting that not all Parties to the Agreement on Government Procurement dated 15 April 1994 
(hereinafter referred to as the "1994 Agreement ") may become a Party to the Agreement on 
Government Procurement done on [… 2007] (hereinafte r referred to as the "2007 Agreement") as of 
its date of entry into force;  
 
 Considering  that, during the period of coexistence of the 1994 Agreement and the 2007 
Agreement, a Party to the 1994 Agreement which has become a Party to the 2007 Agreement should 
have the right to act in accordance with the provisions of the 2007 Agreement notwiths tanding any 
inconsistency with the provisions of the 1994 Agreement, vis-à-vis Parties to the 1994 Agreement 
that are not Parties to the 2007 Agreement;  
 
 Considering moreover that, during that period of coexistence, a Party to the 1994 Agreement 
which has become a Party to the 2007 Agreement should not be under a legal obligation to extend 
the benefits accorded solely under the 2007 Agreement to the Parties of the 1994 Agreement which 
have not yet become Parties to the 2007 Agreement;  
 
 Decides  as follows:  
 
1. A Party to the 1994 Agreement that is a Party to the 2007 Agreement may maintain or adopt 
any measure consistent with the provisions of the 2007 Agreement, notwithstanding the provisions 
of the 1994 Agreement, vis-à-vis a Party to the 1994 Ag reement that is not a Party to the 
2007 Agreement until the entry into force for that Party to the 2007 Agreement.  
 
2. A Party to the 1994 Agreement  that is a Party to the 2007 Agreement is not under any 
obligation to accord to goods, services and supplier s of any other Party to the 1994 Agreement that 
has not yet become a Party to the 2007 Agreement the benefits accorded solely as a result of the 
commitments or other obligations assumed under the 2007 Agreement.  
 
3. The provisions of Articles XX and XXII o f the 1994 Agreement shall not apply in respect of 
measures referred to in paragraph 1.  
 
4. This Decision shall enter into force on the date of entry into force of the 2007 Agreement.  
 
 
10 Negotiators' Note: The Parties are still considering the need for and the content of this Decision.  GPA/TN1994/3/Rev.24  
 
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  DECISION, PROTOCOL AND TEXTUAL AMENDMENT IF THE REVISED TEXT IS GIVEN 
EFFECT AS AN AMENDMENT TO THE EXISTING (1994) AGREEMENT11 
 
DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON ADOPTION OF "THE PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT 
PROCUREMENT"  
 
[DRAFT DECISION]  
Decision of [date/month/year]  
 
 The Committee on  Government Procurement,  
 
 Having regard to paragraph 9 of Article XXIV of the WTO Agreement on Government 
Procurement done at Marrakesh on 15 April 1994 ("the 1994 Agreement");  
 
 Having undertaken  further negotiations pursuant to Article  XXIV:7(b) [and (c)]SGP of the 
1994 Agreement and reached agreement on amendments to improve the 1994 Agreement;  
 
 Noting the consensus among the Parties to the 1994 Agreement, all of whom are participating 
in this Decision, to adopt the Protocol Amending the Agreement on Government Procurement 
("Protocol") attached to this Decision and to submit the Protocol to their respective Governments for 
acceptance;  
 
 Considering  that not all the Parties to the 1994 Agreement may be able to conclude their 
domestic procedures for acceptance of the Protocol by the time the Protocol has entered into force 
and that therefore, there may be a period when not all the Parties to the 1994 Agreement are Parties 
to the Protocol;  
 
 Decides  as follows:  
 
1. The Protocol Amending the Agreement on Government Procurement ("the Protocol") attached 
to this Decision is hereby adopted.  
 
2. The Protocol shall be open for acceptance by Parties to the 1994 Agreement until 
[31 December 2008] or such later dat e as may be decided by the Committee.  
 
3. Pursuant to paragraph 3 of the Protocol  and consistent with paragraph 9 of Article XXIV of the 
1994 Agreement,  the Protocol shall enter into force for those Parties to the 1994 Agreement that have 
accepted it upon acc eptance by […] of the Parties to the 1994 Agreement and thereafter for each other 
Party to the 1994 Agreement upon acceptance by it . 
 
4. Consistent with the terms of the Protocol, after the date of entry into force of the Protocol, 
any WTO Member that acce des to the Agreement on Government Procurement shall be deemed to 
have acceded to the 1994 Agreement as amended by the Protocol.  
 
5. As between a Party to the 1994 Agreement, which is also a Party to the Protocol, and a Party 
only to the 1994 Agreement, th e provisions of the 1994 Agreement shall apply.  
 
11 Negotiators' Note: The Parties are still considering the need for and th e content of this Decision, 
Protocol and textual amendment.  GPA/TN1994/3/Rev.24  
 
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  PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT PROCUREMENT  
[DRAFT]  
 
 The Parties to the Agreement on Government Procurement, done at Marrakesh on 
15 April 1994, (hereinafter referred to as "the 1994 Agreement "), 
 
 Having undertaken  further negotiations pursuant to Article  XXIV:7(b) and (c) of the 1994 
Agreement;  
 
 Hereby agree  as follows:  
 
1. The Preamble and Articles I through XXIV of the 1994 Agreement shall be deleted and replaced 
by the amended versions of those articles of the 1994 Agreement as set forth in the Annex hereto.  
[N.B.:  Consideration should be given as to whether "of those articles" is necessary.]  
 
2. This Protocol shall be open for acceptance by the Parties to the 1994 Agreement unt il 
[31 December 2008] or such later date as may be decided by the Committee.  
 
3. This Protocol shall enter into force for those Parties to the 1994 Agreement that have accepted 
it upon acceptance by […] of the Parties to the 1994 Agreement and thereafter f or each other Party to 
the 1994 Agreement upon acceptance by it.  
 
4. [Except as otherwise provided by the amended versions of the Articles of the 1994 Agreement,  
no]SGP [No] Party may enter a r eservation in respect of any of the provisions of this Protocol , including 
its Annex.  
 
5. This Protocol shall be deposited with the Director -General of the World Trade Organization, who 
shall promptly furnish to each Party to the 1994 Agreement a certified true copy of this Protocol, and 
a notification of each accepta nce thereof.  
 
6. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter 
of the United Nations.  
 
 Done at Geneva this […] day of […] two thousand and […] in a single copy, in the English, French 
and Spanish languages, each text being authentic.  
 GPA/TN1994/3/Rev.24  
 
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  AGREEMENT ON GOVERNMENT PROCUREMENT [(1994)]SGP, AS AMENDED IN 2007  
 
 
Preamble  
 
 The Parties to this Agreement (hereinafter referred to as "the Parties"),  
 
 Recognizing  the need for an effective multilateral framework for government procurement, 
with a view to achieving greater liberalization and expansion of, and improving the framework for, 
the conduct of international trade;  
 
 Recognizing  that measures regarding government procurement should not be prepared, 
adopted or applied so as to afford protection to domestic suppliers, goods or services, or to 
discriminate among foreign suppliers, goods or servic es; 
 
 Recognizing  that the integrity and predictability of government procurement systems are 
integral to the efficient and effective management of public resources, the performance of the 
Parties' economies and the functioning of the multilateral trading system;  
 
 Recognizing  that the procedural commitments under this Agreement should be sufficiently 
flexible to accommodate the specific circumstances of each Party;  
 
 Recognizing  the need to take into account the development, financial and trade needs of 
developing countries, in particular the least -developed countries;  
 
 Recognizing the importance of transparent measures regarding government procurement, of 
carrying out procurements in a transparent and impartial manner and of avoiding conflicts of interest  
and corrupt practices, in accordance with applicable international instruments, such as the United 
Nations Convention Against Corruption;  
 
 Recognizing the importance of using, and encouraging the use of, electronic means for 
procurement covered by this A greement;  
 
 Desiring  to encourage acceptance of and accession to this Agreement by WTO Members not 
party to it;  
 
 Having undertaken  further negotiations in pursuance of these objectives [pursuant to 
Article  XXIV:7(b) and (c) of the 1994 Agreement prior to its 2007 amendments]SGP pursuant to 
Article  XXIV:7(b) and (c) of the Agreement on Government Procurement done at Marrakesh on 
15 April 1994 (hereinafter referred to as "the 1994 Agreement") ; 
 
 Hereby agree  as follows:  
 
[INSERTION OF ARTICLES I -XXII OF THE REVISED TEXT AND APPENDICES]  
 
 
__________