RESTRICTED  
  
GPA/TN1994/3/Rev.26  
21 December  2007 
(24-2797) Page: 1/10 
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  
 
  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 , 
AS AT 12 DECEMBER 2007*,** 
NOTE  BY THE SECRETARIAT  
Revision  
In the informal closing session that took place on 13 November  2007, the Secretariat was 
asked to issue a n updated  document  reflecting the state of the work on Article  XXII of the revised 
Agreement on Government Procurement  together with related text and draft 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 attached 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 exis ting (1994) Agreement (pages 7 -10). 
Elements 2 and 3 above are alternatives and reflect work in progress.  All elements of the 
attached text are subject to f urther consideration by Parties with the understanding that nothing is 
agreed until every thing is agreed.  
_______________  
 
* In English only.  
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs2 81) was derestricted on 8 November 2023.  GPA/TN1994/3/Rev.26  
- 2 - 
  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 changes 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. : If the revision is given legal effect as an amendment, 
these changes would be necessary to restore the language of the original provision.]  
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 terminated.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 legal effect as an amendment, paragraphs 2 and 3 should be deleted as 
unnecessary.]  [If the revised Agreement is given legal effect as a new Agreement, this 
paragraph may not be needed.]  
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 Director -General of the WTO of an instrument of accession that sta tes 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.  
Reservations  
5. [Except]EC [Subject to paragraph 10 bis of this Article ]SGP where coverage commitments may 
be negotiated and accorded by the Parties to one another on the basis of mutual reciprocity in a 
manner inconsistent with the general principles of non -discrimination as provided in Article  IV:1 
and/or Article  IV:2, no ]SGP,EC [No] Party may enter [a] [any]  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 derogation s in view of the MFN requirement  in 
Article  IV of the revised GPA.]  [N.B.:  The United States suggests that if this type  of 
provision is needed, then it  should be addressed in a separate provision.  (GATS Article II 
could be a possible model for this provision.) ] 
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 Agre ement.  
 
1 Negotiators' Note:  The Parties are still considering the need for and the content of this paragraph.  
2 Negotiators' Note:  The Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.26  
- 3 - 
  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 measure s 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 a chieving the greatest possible extension of its coverage among all Parties  [on 
the basis of mutual reciprocity]EC, taking into consideration the needs of developing countrie s. 
[N.B. : If the revision is given legal effect as an amendment, i n this paragraph and those 
that follow , including para graph s 12, 13 and 14,  any reference to X years from the date 
of entry into force of this Agreement should be X years from 1 January  1996.]  
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.3 
[Coverage Negotiations and Future Work  
10bis (1) For the avoidance of doubt, Article  XXIV:7(b) and (c) of the 1994  Agree ment shall 
apply to the coverage negotiations undertaken by the Parties prior to the entry into force of this 
Agreement, and also to the results of such negotiations which had been agreed and scheduled as 
Appendices to this Agreement.  
(2) Not later than th e 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 
this Agreement and achieving the greatest possible extension of its coverage among a ll Parties on 
the basis of mutual reciprocity, taking into consideration the needs of developing countries.  
[N.B. : This is similar to  paragraph  9 with the exception of the  addition of the  words  "on 
the basis of mutual reciprocity" .] 
(3) To avoid introducin g or continuing discriminatory measures and practices that distort open 
procurement and with regard particularly to the needs of developing countries, the Parties shall, in 
the context of the negotiations referred to in subparagraph (2) as well as any cove rage 
negotiations undertaken pursuant to this Agreement between the Parties and any Member of the 
WTO wishing to accede to this Agreement under paragraph 4 of this Article, seek to progressively 
reduce and/or eliminate discriminatory measures and practices  that distort open procurement and 
which remain on the date of entry into force of this Agreement.  
(4) Article  XIX (Modifications and Rectifications to Coverage) and Article  XX (Consultations and 
Dispute Settlement) shall not apply to the results of all coverage negotiations referred  to in 
subparagraphs 1, 2, and 3 of this paragraph  insofar as these results are inconsistent with the 
general principles of non -discrimination as provided in Article  IV:1 and/or Article  IV:2.]SGP [N.B.:  
Singapore is proposing to replace par agraph s 9 and 10 by para graph  10bis.] 
11. Following the conclusion of the work programme to harmonize  rules of origin for goods being 
undertaken under the Agreeme nt on Rules of Origin in Annex  1A of the 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 effective ness of the  use of Article s XVI:4 and 5.  
 
3 Negotiators' Note:  The Parties shall review the c ontent of this paragraph before the end of the 
negotiations.  GPA/TN1994/3/Rev.26  
- 4 - 
  14. Not later than the end of the fifth year from the date of entry into force of this Agreement, 
the C ommittee shall examine the applicability of Article  XX:2(b).  
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 w ith 
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.4 [N.B. : The U nited States  questions whether the s econd sentence  could  be deleted 
as unnecessary,  since it sets out a general rule and para graph s 16 and 1 7, which are 
taken from the Marrakesh Agreement, contain specific rules on amendments ?] 
[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 ac ceptance 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 Agr eement or to remain with the consent of the Committee.5 
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.6] 
[N.B.:  Further consideration should also be given to paragraphs 1 6 and 1 7.] 
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 -Gener al 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 accessio n thereto pursuant to paragraph  4 and of each withdrawal pursuant to 
paragraph  18. 
 
4 Negotiators' Note:  The Parties are still considering the need for and the content of this paragraph.  
5 Negotiators' Note:  The Parties are still considering the need for and the content of this paragraph.  
6 Negotiators' Note:  The Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.26  
- 5 - 
  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. : If the revision is given legal effect as an amendment, t he original text should be 
retained.]  
 GPA/TN1994/3/Rev.26  
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  DECISION IF THE REVISED TEXT IS GIVEN EFFECT AS A NEW AGREEMENT  
[DRAFT DECISION ] 
ARRANGEMENT FOR THE PERIOD OF COEXISTEN CE OF THE 1994 AGREEMENT ON GOVERNMENT  
PROCUREMENT AND THE [200 8] AGREEMENT ON GOVERNMENT PROCUREMENT7 
The Committee on Government Procurement , 
Noting that not all Parties to the Agreement on Government Procurement dated 
15 April 1994 (hereinafter referred to as the "1994  Agreement ") may be come a  Party to the 
Agreement on Government Procurement done on […  2008] (hereinafter referred to as the 
"2008 Agreement") as of its date of entry into force ; 
Considering  that, during the period of co existence of the 1994 Agreement and the 
2008 Agreement, a Party to the 1994  Agreement which has become a Party to the 
2008 Agreement should have the right to act in accordance with the provisions of the 
2008 Agreement notwithstanding any inconsistency with  the provisions of the 1994  Agreement, 
vis-à-vis Parties to the 1994  Agreement that are not Parties to the 200 8 Agreement ; 
Considering  moreover  that, during that period of coexistence, a Party to the 
1994 Agreement which has become a Party to the 200 8 Agreement should not be under a legal 
obligation to extend the benefits accorded solely under the 200 8 Agreement to the Parties of the 
1994 Agreement which have not yet become Parties to the 200 8 Agreement ; 
Decide s as follows:  
1. A Party to the 1994  Agreem ent that is a Party to the 200 8 Agreement may maintain  or 
adopt any measure  consistent with the provisions of the 200 8 Agreement, notwithstanding the 
provisions of the 1994  Agreement, vis-à-vis a Party to the 1994 Agreement that is not a Party to 
the 200 8 Agreement until the entry into force for that Party to the 200 8 Agreement.  
2. A Party to the 1994  Agreement  that is a Party to the 200 8 Agreement is not under any 
obligation to accord to goods, services and suppliers of any other Party to the 1994  Agreemen t 
that has not yet become a Party to the 200 8 Agreement the benefits accorded solely as a result of 
the commitments or other obligations assumed under the 200 8 Agreement.  
3. The provisions of Articles  XX and XXII of 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  2008 Agreement.  
 
 
7 Negotiators' Note:  The Parties are still considering the need for and the content of this Decision.  GPA/TN1994/3/Rev.26  
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  DECISION , PROTOCOL AND TEXTUAL AMENDMENT IF THE REVISED TEXT IS GIVEN 
EFFECT AS AN AMENDMENT TO THE EXISTING (1994) AGREEMENT8 
 
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 Pro curement , 
Having r egard 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 De cision,  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 date a s 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 deposi ted their respective instruments of  acceptance thereof, on the 30th day following such 
deposit by [...] of the Parties to the 1994  Agreement . Thereafter the protocol shall enter into force 
for each other Party  to the 1994  Agreement which has deposited its instrument of acceptance 
thereof, on the 30th day following the date of such deposit . 
4. Consistent with the terms of the Protocol, after the date of entry into force  of the  Protocol , 
any WTO Member that accedes 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, the provisions of the 1994 Agreement  shall apply . [Meanwhile, 
a Party to the 1994  Agreement that has not  yet accepted  the Protocol should respect any measure 
taken by a Party which accepts the Protocol in accordance with the provisions of the 
1994 Agreement as amended by the Protocol. ]JPN 
 
8 Negotiators' Note:  The Parties are still considering the need for and the content of this Decision, 
Protocol and textual amendment.  GPA/TN1994/3/Rev.26  
- 8 - 
  [A Part y to the 1994  Agreement for which the Protocol has entered into force may maintain  or 
adopt any measure  consistent with the provisions of the Protocol , notwithstanding the provisions 
of the 1994  Agreement, vis-à-vis a Party to the 1994  Agreement  for which the Protocol has not 
entered into force  until the entry into force for that Party .] [N.B.:  The US suggest s that Parties 
consider this paragraph  as a means to address the coexistence issue .] 
[6. Any WTO Member that accedes to the 1994 Agreement as amended by the Protocol after the 
date of entry into force of the Protocol in pursuance to paragraph 4 above shall no t be bound by 
the provisions of the 1994  Agreement vis-à-vis a Party to the 1994  Agreement which has not yet 
accepted  the Protocol.  
7. As between the Parties to the 1994  Agreement as amended by the Protocol, any reference 
to the "Agreement on Government Procurement " contained in the Marrakesh Agreement 
establishing the World Trade Organization means reference to the amended Agreement ].JPN 
 GPA/TN1994/3/Rev.26  
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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 t he 1994 Agreement shall be deleted and 
replaced by the amended versions of those articles of the 199 4 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 until 
[31 December  2008] or such later da te as may be decided by the Committee.  
3. This Protocol shall enter into force for those Parties to the 1994  Agreement that have 
deposited their respective instruments of  acceptance thereof, on the 30th day following such deposit 
by [...] of the Parties to the 1994  Agreement . Thereafter  this Protocol shall enter into force  for each 
other Party to the 1994  Agreement which has deposited its instrument of  acceptance thereof , on the 
30th day following the d ate of such deposit . 
[3bis. As between a Party to the 1994 Agreement, which is also a Party to the Protocol, and a Party 
only to the 1994  Agreement, the provisions of the 1994  Agreement shall apply.  Any WTO Member 
that accedes to the 1994  Agreement as amen ded by the Protocol after the date of entry into fo rce of 
the Protocol in pursuance to paragraph  3 above shall not be bound by the provisions of the 
1994 Agreement vis-à-vis a Party to the Agreement which does not accept the Protocol.]JPN 
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 acceptance thereof.  
6. This Protocol shall be registered in accordance with the provisio ns 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.26  
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  AGREEMENT ON GOVERNMENT PROCUR EMEN T [(1994) ]SGP, AS AMENDED IN 200 8 
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 govern ment 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 services ; 
 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 Agree ment 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 ; 
 Recog nizing 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 inst ruments, 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 Agreement ; 
 Desiring  to encourage acceptance of and accession to this Agre ement 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 2008 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 APPENDICE S] 
__________