RESTRICTED  
  
GPA/TN1994/6/Rev.5  
14 December 2011  
(24-2647) Page: 1/13 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994   
 
* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs399 ) was derestricted on 8 November 2023.  
PROPOSED DECISIONS UNDER CONSIDERATION BY PARTIES REGARDING  
THE FUTURE WORK PROGRAMMES OF THE COMMITTEE  
ON GOVERNMENT PROCUREMENT * 
NOTE BY THE SECRETARIAT  
Revision  
Attached for the assistance of delegations are the texts of the various proposed decisions concerning 
the Future Work Programmes of the Committee on Government Procurement, as agreed in the 
negotiating session this morning.  The agreement remains subject to the general understanding 
governing the negotiations that nothi ng is agreed until everything is agreed.  
 
The attached texts comprise:  
 
(i) Proposed Decision of the Committee on Government Procurement on Notification 
Requirements under Articles XIX and XXII of the Agreement  (see Annex  1, 
pages 2 -3); 
(ii) Proposed Decis ion of the Committee on Government Procurement on Adoption of 
Work Programmes  (see Annex 2 , page 4);  
(iii) Proposed Draft Decision of the Committee on Government Procurement on a Work 
Programme for SMEs  (see Annex 3 , pages 5 -7); 
(iv) Proposed Decision of t he Committee on Government Procurement on a Work 
Programme on the Collection and Reporting of Statistical Data  (see Annex 4 , 
pages 8 -9); 
(v) Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Sustainable Procurement  (see Annex 5 , page 10);  
(vi) Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Exclusions and Restrictions in Parties' Annexes  (see Annex 6 , 
pages 11 -12); and 
(vi) Proposed Decision of the Committee on Government Procurement on a Work 
Programme on Safety Standards in International Procurement  (see Annex 7 , 
pages 13 -14). 
_______________  
 
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 1  
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON 
NOTIFI CATION REQUIREMENTS UNDER ARTICLES XIX AND XXII OF THE AGREEMENT  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 Considering  the importance of transparency of laws and regulations relevant to this 
Agreement, including changes ther eto as required by Article XXII:5 of the Agreement;  
Considering  also the importance of maintaining accurate lists of entities covered under a 
Party's Annexes to Appendix I of the Agreement, in accordance with Article XIX of the Agreement;  
 Acknowledging the challenges to Parties of submitting timely notifications to the Committee 
of changes to their laws and regulations relevant to the Agreement, as required by Article XXII:5 of 
the Agreement, and of proposed rectifications to its Annexes to Appendix I, as required by 
Article  XIX:1 of the Agreement;  
Considering  that the provisions of Article XIX of the Agreement distinguish between 
notifications of proposed rectifications that do not change the mutually agreed coverage provided 
for in the Agreement and other  types of proposed modifications of its Annexes to Appendix I;  
Recognizing that technological changes have allowed many Parties to make use of electronic 
means to provide information on their government procurement regimes and to notify Parties of 
changes to that regime;  
 Hereby decides  as follows:  
Annual Notifications of Changes in Laws and Regulations  
 
1. Where a Party maintains officially designated electronic media that provide links to its current 
laws and regulations relevant to this Agreement and its laws and regulations are available in one of 
the WTO official languages, and such media are listed in Appendix II, the Party may fulfil the 
requirement in Article XXII:5 by notifying the Committee annually, at the end of the year, of any 
changes unless such changes are substantive, that is, they may affect the Party's obligations under 
the Agreement;  and in such cases, a notification shall be made immediately.  
2. The Parties shall have an opportunity to discuss the annual notification of a  Party during the 
first informal meeting of the Committee in the following year.  
Proposed Rectifications of a Party's Annexes to Appendix 1  
 
3. The following changes to a Party's Annexes to Appendix I shall be considered a rectification 
under Article XIX o f the Agreement:  
(a) changes in the name of an entity;  
(b) merger of one or more entities listed within an Annex;  and 
(c) the separation of an entity listed in an Annex into two or more entities that are all 
added to the entities listed in the same Annex.  
4. In the case of proposed rectifications to a Party's Annexes under Appendix I covered under 
paragraph 3, the Party shall notify the Committee every  two years, commencing with  the entry into 
force of the Protocol of Amendment to the Existing (1994) Agreem ent. GPA/TN1994/6/Rev.5  
 
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  5. A Party may notify the Committee of an objection to a proposed rectification within 45 days 
from the date of the circulation to the Parties of the notification.  In accordance with Article XIX:2, 
where a Party submits an objection, it shall set out the reasons for the objection, including the 
reasons why it believes the proposed rectification would affect the mutually agreed coverage under 
the Agreement and therefore the proposed rectification is not subject to paragraph 3.  If there is no 
written obj ection, the proposed rectifications become effective 45 days after the circulation of the 
notification, as provided for in Article XIX:5(a).  
6. Within four years of the adoption of this Decision, the Parties shall review its operation and 
effectiveness, an d make any necessary adjustments.  
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 2  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT   
ON ADOPTION OF WORK PROGRAMMES  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that pursuant to Article XXII:8(b), the Committee may adopt a decision listing 
additional work programmes, which the Committee shall undertake to facilitate the implementation 
of the Agreement and the negotiations provided for in Article XXII:7 of the Agreement;  
 
 Decides as follo ws: 
 
1. The following work programmes are added to the list of work programmes on which the 
Committee shall conduct future work:  
 
(a) a review of the use, transparency and the legal frameworks of public -private 
partnerships, and their relationship to cover ed procurement;  
 
(b) the advantages and disadvantages of developing common nomenclature for goods 
and services;  and 
 
(c) the advantages and disadvantages of developing standardized notices.  
 
2. The Committee shall develop the scope and timetable for each s uch work programme at a 
later date.  
 
3. The Committee shall periodically review this list of programmes and make appropriate 
adjustments.  
 
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 3  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT   
ON A WORK PROGRAMME FOR SMES  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodically review a work programme, including a work  
programme for small and medium -sized enterprises (SMEs);  
 
 Recognizing the importance of facilitating the participation of SMEs in government 
procurement;  and 
 
 Recognizing  that Parties have agreed in Article XXII:6 to seek to avoid introducing or 
continu ing discriminatory measures that distort open procurement;  
 
 Hereby  adopts the following work programme with respect to SMEs:  
 
1. Initiation of Work Programme for SMEs : At the first meeting of the Committee after the 
entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee 
shall initiate a Work Programme for SMEs.  The Committee shall review measures and policies for 
SMEs that the Parties use to assist, promote, encourage, or facilitate participation by SME s in 
government procurement and prepare a report of the results of the review.  
2. Avoidance of Discriminatory SME Measures:  The Parties shall avoid introducing 
discriminatory measures that favour only domestic SMEs and shall discourage the introduction of 
such measures and policies by acceding Parties.  
3. Transparency Programme and SME Survey  
3.1 Transparency Programme  
 Upon entry into force of the Protocol of Amendment to the Existing (1994) Agreement , the 
Parties that maintain in their Appendix I specific  provisions on SMEs, including set -asides, shall notify 
the Committee of such measures and policies.  The notification should include a full description of 
the measures and policies, their relevant legal framework together with their operation and the value  
of the procurement subject to such measures.  In addition, those Parties shall notify the Committee 
of any substantial change in such measures and policies, in accordance with Article XXII:5 of the 
Agreement.  
 
3.2 SME Survey  
 
(a) The Committee shall survey the Parties, through the use of a questionnaire seeking 
information regarding the measures and polices used to assist, promote, encourage, 
or facilitate participation by SMEs in government procurement.  The questionnaire 
should seek information from each Party regarding:  
(i) a description of the measures and policies used by the Party, including the 
economic, social, and other goals of the measures and policies and how they 
are administered;  
(ii) how the Party defines SMEs;  
(iii) the extent to which t he Party has specialized agencies or institutions to assist 
SMEs with respect to government procurement;  GPA/TN1994/6/Rev.5  
 
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  (iv) the level of participation in government procurement in terms of both value 
and number of contracts awarded to SMEs;  
(v) a description of SME subc ontracting measures and policies, including 
subcontracting goals, guarantees, and incentives;  
(vi) facilitation of SMEs participation in joint bidding (with other large or small 
suppliers);  
(vii) measures and policies focused on providing opportunities for  SMEs to 
participate in government procurement (such as enhanced transparency and 
availability of government procurement information to SMEs;  simplifying 
qualifications for participation in tendering;  reducing contract sizes;  and 
ensuring timely payments for deliveries of goods and services);  and 
(viii) the use of government procurement measures and policies to stimulate SME 
innovation.  
(b) Compilation of SME Survey by WTO Secretariat:  The WTO Secretariat shall fix a 
deadline for the transmission of the responses to the questionnaire by all Parties to 
the WTO Secretariat.  Upon receipt of the responses, the Secretariat shall prepare a 
compilation of the responses and circulate the responses and the compilation to the 
Parties.  The Secretariat shall i nclude a list of Parties with outstanding responses.  
(c) Exchanges among Parties on Responses to SME Questionnaires:  On the basis of the 
document prepared by the WTO Secretariat, the Committee shall establish a period 
for the exchange of questions, request s for additional information, and comments 
on the responses of the other Parties.  
 
4. Assessment of the Results of SME Survey and Implementation of Its Outcome  
4.1 Assessment of the Results of SME Survey  
 
 The Committee shall identify the measures and policies that it considers to be best practices 
for promoting and facilitating the participation of SMEs of the Parties  in government procurement 
and prepare a report that includes the best practices of the mea sures and policies and a list of the 
other measures.  
 
4.2 Implementation of the Outcome of the SME Survey  
(a) The Parties shall promote the adoption of the best practices identified in the 
assessment of the survey to encourage and facilitate participation of SMEs of the 
Parties  in government procurement.  
(b) With respect to other measures, the Committee shall encourage the Parties that 
maintain such measures to review them with a view to eliminating them or applying 
them to the SMEs of the other Parties.  These Parties shall inform the Committee 
about the outcome of the review.  
(c) The Parties that maintain other measures shall include the value of the procurement 
subject to such measures  in the statistics that they submit to the Committee 
pursuant  to Article XVI:4 of the Agreement.  
(d) Parties may request the inclusion of such other measures in future negotiations 
under Article XXII:7 of the Agreement, and such requests shall be favorably 
considered by the Party maintaining such measures.  GPA/TN1994/6/Rev.5  
 
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  5. Review  
 Two years after the entry into force of the Protocol of Amendment to the Existing (1994) 
Agreement , the Committee shall review the effect of the best practices on expanding the 
participation of SMEs of the Parties in government procurement, and consider whether other 
practices would further enhance participation by SMEs.  It may also consider the effect of other 
measures on the participation by SMEs of the other Parties in the government procurement of the 
Parties maintaining such measures.  
 
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 4  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON THE COLLECTION AND REPORTING OF STATISTICAL DATA  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 Noting that Article XXII:8(a) of the Agreement on Government Procure ment (Agreement) 
provides that the Parties shall adopt and periodically review a work programme, including a work 
programme on the collection and reporting of statistical data;  
 
 Considering  the importance of the collection and reporting of statistical dat a, as required by 
Article XVI:4 of the Agreement on Government Procurement (Agreement), in providing transparency 
of procurement covered under the Agreement;  
Considering that statistical data that illustrate the extent to which the Parties procure goods 
and services covered by the Agreement from other Parties to the Agreement could be an important 
tool in encouraging other WTO Members to accede to the Agreement;  
Recognizing  the overall challenges of Parties to the Agreement in collecting data in the area 
of government procurement and in particular in determining the country of origin of the goods and 
services that they procure under the Agreement;  and 
 Recognizing that Parties use different methodologies in their collection of statistics to meet 
the reportin g requirements in Article XVI:4 of the Agreement, and may use different methodologies 
in the collection of data for central government entities and sub -central government entities;  
Hereby  adopts the following work programme with respect to the collection a nd reporting of 
statistical data:  
 
1. Initiation on the Collection and Reporting of Statistical Data:  At the first meeting of the 
Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement , 
the Committee shall initia te a Work Programme on the Collection and Reporting of Statistical Data.  
The Committee shall review the collection and reporting of statistical data by the Parties, consider 
the potential of harmonizing them, and prepare a report of the results.  
 
2. Submis sion of Data by the Parties:  The Committee shall agree on a date by which each  
Party shall submit to the Committee the following information with respect to statistical data on 
procurement covered by the Agreement:  
 
(a) a description of the methodology that it uses to collect, evaluate, and report 
statistical data, above and below Agreement thresholds and for procurement 
described in para.  4.2(c) of the SME Work Programme, including whether it bases 
the data on procurement covered by the Agre ement on the full value of awarded 
contracts or the total expenditure for procurement in a given time -frame;  
 
(b) whether the statistical data that it collects includes the country of origin of the goods 
or services that are procured, and if so, how it determi nes or estimates the country 
of origin, and the technical impediments in collecting country of origin data;  
 
(c) an explanation of the classifications used in statistical reports;  and 
 
(d) a description of the sources of data.  
 
3. Compilation of Submissions : The S ecretariat shall prepare a compilation of the submissions 
and circulate the submissions and the compilation to the Parties.  The Secretariat shall include a list 
of Parties with outstanding submissions.  
 GPA/TN1994/6/Rev.5  
 
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  4. Recommendations : The Committee shall review the su bmissions of the Parties and make 
recommendations on:  
 
(a) whether the Parties should adopt a common method for collection of statistics;  
 
(b) whether the Parties are able to standardize the classifications in the statistical data 
reported to the Committee ; 
 
(c) means for facilitating the collection of country of origin of goods and services covered 
by the Agreement;  and 
 
(d) other technical issues in government procurement data reporting raised by any Party.  
 
5. The Committee shall develop, as appropriate, recommendations relating to:  
 
(a) potential harmonization of statistical reporting with the aim of including government 
procurement statistics in the annual reporting of the WTO;  
 
(b) the Secretariat's provision of technical assistance relatin g to statistical reporting to 
WTO Members that are in the process of acceding to the Agreement;  and 
 
(c) means of ensuring that WTO Members that are acceding to the Agreement have the 
appropriate means for complying with statistical data collection and rep orting 
requirements.  
 
6. Analysis of data:  The Committee shall consider how the statistical data submitted to the 
Secretariat annually by Parties may be used for further analyses to facilitate greater understanding 
of the economic importance of the Agreeme nt, including the impact of thresholds on the performance 
of the Agreement.  
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 5  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT   
ON A WORK PROGRAMME ON SUSTAINABLE PROCUREMENT  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodically review a work programme, including a work 
programme on sustainable procurement;  
 
 Recognizing that several Parties have developed national and sub -national sustainable 
procurement policies;  
 
 Affirming the importance of ensuring that all procurement is undertaken in accordance with 
the principles of non -discrimination and transparency a s reflected in the Agreement;  
 
 Hereby  adopts a work programme with respect to sustainable procurement:  
 
1. Initiation of Work Programme on Sustainable Procurement:  At the first meeting of the 
Committee after the entry into force of the Protocol of Amendme nt to the Existing (1994) Agreement , 
the Committee shall initiate a Work Programme on Sustainable Procurement.  
 
2. The work programme shall examine topics that include:  
 
(a) the objectives of sustainable procurement;  
 
(b) the ways in which the concept of s ustainable procurement is integrated into national 
and sub -national procurement policies;  
 
(c) the ways in which sustainable procurement can be practiced in a manner consistent 
with the principle of "best value for money";  and 
 
(d) the ways in which sustai nable procurement can be practiced in a manner consistent 
with Parties' international trade obligations.  
 
3. The Committee shall identify measures and policies that it considers to be sustainable 
procurement practiced in a manner consistent with the princi ple of "best value for money" and with 
Parties' international trade obligations  and prepare a report that lists the best practices of the 
measures and policies.  
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 6  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON EXCLUSIONS AND RESTRICTIONS IN PARTIES' ANNEXES  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that Article XXII:8(a) of the Agreement on Government Procur ement (Agreement) 
provides that the Parties shall adopt and periodically review a work programme, including a work 
programme on exclusions and restrictions in Parties' Annexes;  
 
 Recognizing  that Parties have included exclusions and restrictions in their r espective Annexes 
to Appendix I of the Agreement (exclusions and restrictions);  
 
 Recognizing  the importance of transparent measures regarding government procurement;  and 
 
 Considering the importance of progressively reducing and eliminating exclusions and  
restrictions in future negotiations provided for in Article XXII:7 of the Agreement;  
 
 Hereby  adopts the following work programme with respect to exclusions and restrictions in 
Parties' Annexes:  
 
1. Initiation of Work Programme on Exclusions and Restricti ons: At the first meeting of 
the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) 
Agreement, the Committee shall initiate a Work Programme on Exclusions and Restrictions in Parties' 
Annexes with the objectives of:  
(a) enhancing transparency with respect to the scope and effect of exclusions and 
restrictions specified in Parties' Annexes to Appendix I to the Agreement;  and 
(b) providing information relating to exclusions and restrictions to facilitate negotiations 
provided for in Article XXII:7 of the Agreement.  
2. Transparency Programme:  Each Party shall submit to the Committee, no later than six 
months following the initiation of the Work Programme, a list of:  
(a) country specific exclusions it mainta ins in its Annexes to Appendix I to the 
Agreement;  and 
(b) any other exclusion or restriction specified in its Annexes to Appendix I to the 
Agreement that falls within the scope of Article II:2(e) of the Agreement, except for 
exclusions or restrictions under review in the Work Programme for SMEs or where a 
Party has a commitment to phase out an exclusion or restriction in an Annex to 
Appendix I to the Agreement.  
3. Compilation of Submissions:  The Secretariat shall prepare a compilation of th e submissions 
and circulate the submissions and the compilation to the Parties.  The Secretariat shall include a list 
of Parties with outstanding submissions.  
 
4. Requests for Additional Information:  Any Party may periodically request additional 
information  concerning any exclusion or restriction within the scope of paragraph 2(a) and (b), 
including measures that fall within the scope of any exclusion or restriction, their legal framework, 
implementation policies and practices and the value of the procuremen t subject to such measures.  
A Party receiving such a request shall promptly provide the requested information.  
 
5. Compilation of Additional Information:  The Secretariat shall prepare a compilation of the 
additional information in respect of any Party and shall circulate it to the Parties.  
 GPA/TN1994/6/Rev.5  
 
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  6. Review by the Committee:  At the annual meeting provided for in Article XXI:3(a) of the 
Agreement, the Committee shall review the information submitted by Parties with the view to 
determining whether it provides:  
 
(a) the fullest possible degree of transparency with respect to the exclusions and 
restrictions specified in Parties' Annexes to Appendix I to the Agreement;  and 
 
(b) satisfactory information to facilitate the negotiations provided for in Article XXII:7 of 
the Agreement.  
 
7. New Party Acceding to the Agreement:  A new Party that accedes to the Agreement shall 
submit to the Committee the list in paragraph 2 within six months of its accession.  
 
  GPA/TN1994/6/Rev.5  
 
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  ANNEX 7  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT ON A  
WORK PROGRAMME ON SAFETY STANDARDS IN INTERNATIONAL PROCUREMENT  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Noting that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) 
provides that the Parties shall adopt and periodically review a work programme, including a work 
programme on safety standards in international procurement;  
 
 Noting  that Article X:1 of the Agreement provides  that procuring entities "shall not prepare, 
adopt or apply any technical specification with the purpose or the effect of creating unnecessary 
obstacles to international trade";  
 
 Noting  that Article III:2(a) of the Agreement does not prevent Parties from imposing or 
enforcing measures necessary to protect of public safety, provided that such measures are not 
applied in a manner that would constitute a means of arbitrary or unjustified discrimination or a 
disguised restriction on international trade;  
 
 Recognizing the need  for a balanced approach between public safety and unnecessary 
obstacles to international trade;  
 
 Recognizing that diverging practices among the Parties as regards public safety may have an 
adverse effect on the performance of the Agreemen t; 
 
 Hereby  adopts the following work programme with respect to safety standards:  
 
1. Initiation of Work Programme on Safety Standards in International Procurement:  At 
the first meeting of the Committee after the entry into force of the Protocol of Amendme nt to the 
Existing (1994) Agreement , the Committee shall initiate a Work Programme on Safety Standards in 
International Procurement.  
 
2. The Work Programme shall examine topics with the view to sharing best practices on items 
that include:  
 
(a) The manner in which public safety concerns are addressed in legislation, regulations 
and practices of the Parties and guidelines relating to the implementation of the 
Agreement by procuring entities;  
 
(b) The relationship between the technical specifications p rovisions in Article X and 
protection of public safety in Article III of the Agreement and in the Parties' Annexes 
to Appendix 1;  
 
(c) The best practices that may be adopted to protect public safety in light of the 
provisions on technical specifications an d tender documentation in Article X.  
 
3. The Committee shall develop the scope and timetable for the examination of each topic 
identified in paragraph 2.  The Committee shall prepare a report that summarizes the outcome of its 
examination of these issues an d lists the best practices identified in paragraph 2(c).  
__________