RESTRICTED  WORLD TRADE  
ORGANIZATION  GPA/M/42 
1 March 2011  
 
(11-1060) 
Committee on Government Procurement  
  
 
MINUTES OF THE FORMAL MEETING OF 9 DECEMBER 2010 
 
Chairman:  Mr. Nicholas Niggli (Switzerland)
 
  
1. The Chairman
 said that, in preparation for the meeting, delegations had received an Airgram1 
and an Annotated Agenda.2  Further, in advance of the meeting, a draft of the Committee's Annual 
Report to the General Council for 20103 had been circulated to delegations.  He said that an 
addendum to the Report, reflecting the outcome of ongoing informal sessions, would be prepared at 
the conclusion of the sessions, if appropriate. 
 
2. The agenda, as set out in the Airgram, was as follows: 
  A. Accessions to the Agreement on Government Procurement.   B. Implementation of the Agreement:  notifi cation of thresholds, statistical reporting and 
 the review of national implementing legislation. 
  C. Modifications to the Appendices to the Agreement.   D. The negotiations under Article XXIV:7. 
 
 E. Annual review of the implementation a nd operation of the Agreement, and approval 
 of the Committee's Annual Report to the General Council. 
  F. Other business.  
3. With regard to "other business" the Chairman  proposed that the Committee take up the dates 
of its initial meetings in 2011.  4. The Committee adopted
 the agenda as set out above, taking into consideration the Chairman's 
proposal. 
 
A. ACCESSIONS TO THE AGREEMENT  ON GOVERNMENT PROCUREMENT  
5. With regard to accessions to the Agreement, consideration was given to the various WTO 
Members that are in the process of acceding to the Agreement, and those with accession 
commitments, with particular reference to Armenia, China and Jordan.4 
                                                      
1 WTO/AIR/3679, dated 2 December 2010. 
2 Job No. 10408, dated 6 December 2010. 
3 Job No. 10372, dated 3 December 2010. 
4 As of the date of the meeting, nine WTO Member s were in the process of acceding to the Agreement 
on Government Procurement:  Albania, Armenia, China, Georgia, Jordan, the Kyrgyz Republic, Moldova, Oman and Panama.  A further five WTO Members had pr ovisions regarding accession to  the Agreement in their 
respective Protocols of Accession to the WTO:  Croatia, the Former Yugoslav Republic  of Macedonia, GPA/M/42 
Page 2  
 
  1. Armenia 
6. At its meeting on 7 December 2010
5, the Committee on Government Procurement had 
adopted a Decision inviting Armenia to accede to  the Agreement on the terms that had been 
negotiated.6  The Chairman  expressed his great pleasure and satisfaction at the decision.  He once 
again expressed his appreciation to all who had he lped to make this decision possible, and looked 
forward to the prompt completion of all remaining steps concerning Armenia's accession. 
 
2. China 
 
7. Concerning China, the Chairman  expressed his satisfaction with the progress that had been 
made in the course of the year regarding its accession .  He noted that the request had been made by 
several Parties that China provide a further revised offer before the end of 20 11, including coverage of 
both sub-central government entities and some state-ow ned enterprises.  This appeared to be broadly 
consistent with China's own roadmap for its ac cession.  Accordingly, he looked forward to a 
favourable response by China. 
 
8. The representative of the United States  said that, in a discussion on the accession of China 
during the previous week, China had noted that , for the present, it had received requests for 
improvements in its offer from only four Parties.  Ch ina had also indicated that it needed to have a 
clear understanding of Parties' requests for further market access improvements before launching into 
the preparation and submission of a second revised offer;  and in the absence of specific requests from 
Parties, China would not be in a position to give  due consideration to their requirements.  She 
proposed that the Committee set a de adline for the submission by inter ested Parties of their requests 
for the consideration of China, in order to  facilitate an expeditious accession process. 
 9. The representative of the European Union
, echoing the comments of the United States, 
reiterated the importance of China's accession proce ss proceeding expeditiously.  She informed the 
Committee that her delegation's revised request to  China was under preparation and would be made 
available to all Parties in due course.7  She called upon other Parties to contribute to the negotiating 
process by tabling their own revised requests.  10. The representative of Israel
 said that the accession of China was indeed very important and a 
high priority.  Nonetheless, a number of smaller Par ties, like Israel, had resource constraints.  Such 
delegations were already devoting considerable inte rnal resources and efforts to their contribution 
towards conclusion of the ongoing GPA negotiations, whic h was another high priority activity.  In this 
regard, she cautioned against setting or imposing sh ort deadlines that would not be feasible or would 
impose practical constraints on some delegations. 
 
11. The Chairman  reiterated the importance and the benefit of participation by all delegations in 
China's accession process.  In this regard, the cl ear expression by as many delegations as possible of 
their requirements through their respective requests in  the shortest possible time was fundamental to 
the expeditious advancing of China's accession pr ocess.  At the same time, he acknowledged the 
resource constraints that some delegations faced due to other equally pressing demands in other high 
priority areas, including the GPA negotiations.  Further,  he took note that on occasion, past deadlines 
had not always been met in the context of work in th e Organization.  He proposed that, with a view to 
                                                                                                                                                                     
Mongolia, Saudi Arabia and Ukraine.  Subsequently, on 8 February 2011, Ukraine submitted its application for 
accession to the Agreement (GPA /107, dated 9 February 2011). 
5 GPA/M/41, dated 28 February 2011. 
6 GPA/105, dated 7 December 2010. 
7 Subsequently circulated as GPA/ACC/CHN/26, dated 3 February 2011.  GPA/M/42 
 Page 3 
 
 
  setting a realistic and feasible deadline, the Committ ee revert to this issue at the conclusion of its 
informal sessions that were due to take place following conclusion of the present formal meeting.8 
 
3. Jordan 
 12. As regards the accession of Jordan, the Chairman
 expressed the hope that this long-running 
process would come to fruition in the first half of 20 11.  It was his perception that Jordan itself was 
looking forward with much enthusiasm to the c onclusion of its accession negotiation.  He urged all 
Parties to engage further, as needed, in order to en sure that this opportunity was not lost.  He noted 
that the conclusion of this process would require not only the finalization of the negotiations on 
coverage but also appropriate c onsideration of the requirement of  GPA-conformity of Jordan's 
national legislation.  
4. Other pending accessions and accession commitments and priorities for 2011 
 13. The Chairman
 said that, looking ahead, the accessions of China and Jordan remained clear 
priorities.  As regards other pending accessions and accession commitments, he proposed that the 
Committee keep these under active review in 2011, as it ha d done in the past.  In this regard, with 
respect to the accession of Moldova , he proposed to get in touch,  through the Secretariat, with 
Moldova to enquire when the Committee might look forward to a resumption of its accession 
negotiations.  Further, it would be his intention to ag ain write, at an appropriate stage, to the current 
accession candidates and WTO Members with outs tanding commitments, to enquire about their 
intentions.  A suitable time-frame for this might  be the period followin g conclusion of the 
negotiations.  He recalled the statement made by the Director-General on the occasion of the adoption 
of the Decision on Armenia's accession that the most useful contribution that the Committee could make to facilitate future accessions on the appropria te terms was to complete the renegotiation of the 
Agreement in the foreseeable future. 
 
5. Technical assistance 
 
14. As a final consideration with regard to accessions, the Chairman
 recorded his satisfaction 
with the practice that had been established in th e Committee of asking the Secretariat to provide 
regular briefings to the Committee on its techni cal assistance activities in area of government 
procurement.  He said that such activities were provi ng to be a potentially very significant factor in 
facilitating future accessions.  It was his perception that the Secretariat had been particularly active 
and effective in this area over the past year, and he expressed the appreciation of the Committee to the 
Secretariat for its work in this regard. 
 
15. The representative of Saudi Arabia  referred to an outstanding request for a national seminar 
on the GPA and asked that it be re-scheduled for delivery as part of the Secretariat's 2011 technical 
assistance programme in this area.  16. The Chairman
 requested the Secretariat to give the re quest by Saudi Arabia its due attention. 
 
17. The Committee took note  of these developments. 
 
                                                      
8 Subsequently, the Committee set a deadline of 15 Ja nuary 2011 by which interested Parties were to 
table their requests for circulation to China. GPA/M/42 
Page 4  
 
  B. 
IMPLEMENTATION OF THE AGREEMENT :  NOTIFICATION OF THRESHOLDS , STATISTICAL 
REPORTING AND THE REVIEW OF NAT IONAL IMPLEMENTING LEGISLATION  
1. Notification of thresholds 
 
18. The Chairman  said that, pursuant to the Decision Regarding Notification of Thresholds in 
National Currencies9, since the 2009 Annual Report and the Addendum to that Report10, information 
on threshold figures expressed in national curre ncies for 2010/2011/2012 had been received and 
circulated for Canada;  the European Union;  Hong Kong, China;  Israel;  Japan;  the Netherlands with 
respect to Aruba;  Norway;  Singapore;  Switzerland;  and the United States.11  These were also 
reflected in the 2010 Annual Report that was shor tly due to be discussed and adopted by the 
Committee.12 
 19. The representative of Chinese Taipei
 said that the notification regarding the thresholds of 
Chinese Taipei for the period 2011-2012 was ready and would be submitted in due course.13 
 2. Statistical reporting 
 
20. The Chairman
 said that, pursuant to Article XIX:5 of the Agreement, during the period under 
review, the European Union had no tified its statistical report for 200714;  Hong Kong, China had 
notified its statistical reports for 2008 and 200915;  Japan had notified its statistical report for 200816;  
Liechtenstein had notified its  statistical report for 200917;  Norway had notified its statistical reports 
for 2006-200918;  Chinese Taipei notified its statistic al report for July to December 200919;  and the 
United States had notified its statistical report for 2008.20  These details were also reflected in the 
2010 Annual Report.21 
 21. Continuing, he said that the European Union's statistical reports for 1996-2006, which had 
been notified in July 2009, had all also been  made available on the WTO public website on 
15 July 2010
22, pursuant to the new procedure for circulation of statistical reports that had been 
implemented by the Secretariat.  Under the new sy stem, reports were now being quickly mounted on 
the WTO public website, in the format in which they were provided by delegations.  A one-page 
notification indicating the link at which a report could be found would then be issued by the 
                                                      
9 GPA/1, dated 5 March 1996, Annex 3. 
10 GPA/103 and Add.1 and Corr.1, dated 12 Nove mber 2009, 10 December 2009 and 11 December 
2009, respectively. 
11 GPA/W/309/Add.2,  dated 21 December 2009;  GPA/W/30 9/Add.4, dated 5 February 2010;  
GPA/W/309, dated 27 November 2009;  GPA/W/309/Add.6, dated 18 February 2010;  GPA/W/309/Add.5, 
dated 11 February 2010;  GPA/W/309/Add.8, dated 16 April 2010;  GPA/W/309/Add.7, dated 19 February 2010;  GPA/W/309/Add.3, dated 4 January 2010;  GPA/W/309/Add.9, dated 5 July 2010;  and 
GPA/W/309/Add.1, dated 17 December 2009, respectively. 
12 GPA/106, dated 9 December 2010, para. 6. 
13 Subsequently circulated as GPA/W/309/Add.10, dated 6 January 2011. 
14 GPA/94/Add.4, dated 15 July 2010. 
15 GPA/102/Add.1, dated 7 December 2009;  and GPA/104/Add.1, dated 7 October 2010. 
16 GPA/102/Add.2, dated 29 January 2010. 
17 GPA/104/Add.3, dated 28 October 2010. 
18 GPA/91/Add.5, GPA/94/Add.5, GPA/102/Add.4 and GPA/104, all dated 15 July 2010. 
19 GPA/104/Add.2, 25 October 2010. 
20 GPA/102/Add.3, dated 15 July 2010. 
21 GPA/106, dated 9 December 2010, para. 8. 
22 GPA/21/Add.4, GPA/22/Add.6, GPA/29/Add.6, GPA/40/Add.6, GPA/62/Add.6, GPA/70/Add.6, 
GPA/76/Add.7, GPA/80/Add.7, GPA/84/Add.6, GPA/88/Add.5 and GPA/91/Add.4, all dated 15 July 2010.  GPA/M/42 
 Page 5 
 
 
  Secretariat to all GPA delegations.  The new syst em would substantially facilitate the processing and 
dissemination of Parties' statistical reports.  22. Further, the Chairman recalled that, in April,  Parties had established an informal sub-body
 of 
the Committee to consider issues regarding the pr eparation and use of statistical reports.  The 
sub-body had the potential to make an important and lasting contribution to the work of the 
Committee, to future negotiations and accessions , and to public understanding of the economic 
significance of the GPA and of public procuremen t generally.  He urged the proponents of the 
sub-body to carry through on the promise of this  activity.  He expressed the appreciation for the 
sub-body's undertaking to keep the Committee info rmed of its work through regular debriefings. 
 
23. The representative of the European Union  stressed the importance of the work of the 
sub-body.  Statistics was an important tool by which information about the performance of the 
Agreement in all Parties was made available.  She recalled that the basic idea of the sub-body was to 
facilitate the exchange of information on best pr actices and methodologies.  She said that, hitherto, the 
sub-body had held a few meetings and the perception of her delegation was that attendance was not as 
expected.  The European Union strongly urged all Pa rties to participate actively in the work of the 
sub-body in 2011.  24. The Committee took note
 of these developments. 
 3. Notification of changes in laws and regulations 
 
25. The Chairman
 said that, pursuant to Article XXIV:5(b) of the Agreement, Parties must inform 
the Committee of any changes in thei r relevant laws and regulations a nd in the administration of such 
laws and regulations.  In line with this provision, in the course of the year, notifications had been 
received from Japan23 and the United States.24 
 
4. Consultations and dispute settlement 
 
26. The Chairman  said that no matters had been raised during the year under Article XXII of the 
Agreement dealing with consu ltations and dispute settlement. 
 
C. MODIFICATIONS TO THE AP PENDICES TO THE AGREEMENT  
1. Modifications that have been certified since the meeting of 9 December 2009 
 
27. The Chairman  said that, since the adoption of th e 2009 Annual Report of the Committee25, 
modifications by Canada;  the European Union;  Hong Kong, China;  Japan;  Korea;  Switzerland and 
the United States had been certified, given that no ob jections were made with in 30 days.  Relevant 
details were reflected in the 2010 Annual Report.26 
 28. The Committee took note
 of these developments. 
 
                                                      
23 GPA/37/Add.7, dated 6 July 2010;  and GPA/99/Add.2, dated 31 May 2010. 
24 GPA/98/Add.1, dated 1 April 2010;  and GPA/98/Add.2, dated 6 September 2010. 
25 GPA/103 and Add.1 and Corr.1, dated 12 Nove mber 2009, 10 December 2009 and 11 December 
2009, respectively. 
26 GPA/106, dated 9 December 2010, para. 13. GPA/M/42 
Page 6  
 
  2. Proposed modifications that remain outstanding 
 
29. The Chairman
 said that, as of the date of the present meeting, a number of proposed 
modifications remained outstanding.  These were modifications that had been proposed by Canada, 
Japan and the United States, of which relevant  details were provided in the Annual Report.27 
 
30. The Committee took note  of these developments. 
 D. 
THE NEGOTIATIONS UNDER ARTICLE  XXIV:7   
31. The Chairman  said that it was his considered belief that, after years of hard work, Parties 
were close to concluding the negotiations under Ar ticle XXIV:7 of the Agreement.  Nonetheless, 
further work was needed both by Parties individually and in the Committee.  Based on his consultations with all delegations in the course of the meeting week , it was his firm conviction that 
this goal was indeed within reach.  Conclusion of the negotiations would yield very significant 
benefits for all Parties, the Committee, and the WTO.  As summarized in his closing statement at the 
October meetings, these benefits included the following: 
 
• first of all
, gains in market access within the exis ting membership of the Agreement; these 
were far from trivial, even if they were not as significant as originally hoped for by some 
Parties; 
 
• second , enabling the revised GPA text to finally come  into force; this was, in itself, a very 
significant achievement that would make possibl e enhanced flexibility and efficiency for all 
Parties;  and 
 
• third , together with the consequent bringing into force of the revised Agreement, substantially 
facilitating a further round of accessions to the Agreement, including by WTO Members that had outstanding GPA accession commitments and a significant number that did not.  As he had previously noted, the  market access gains from these accessi ons were likely eventually to 
exceed many times over the immediate gains fro m conclusion of the present negotiations.  
Accordingly, he urged delegations to take th is into consideration in their consultations. 
 32. With regard to finding a suitable pathway to the final conclusion to the negotiations, the 
Chairman urged all delegations to be prepared to make sacrifices, noting that, as was in the nature and 
essence of negotiations, no Party would get everythi ng they hoped for or sought.  In this regard, an 
important dynamic and key to closure would be the future work programmes of the Committee.  
Consequently, this aspect of the negotiations rema ined of central importance that needed to be 
accorded focused attention in th e course of the present meeting period, while taking note of and 
building on new offers that had recently been put on the table. 
 
33. The Chairman said that additional information re garding the negotiations was reflected in the 
Annual Report.
28 
 
                                                      
27 GPA/106, dated 9 December 2010, paras. 13 to 14. 
28 GPA/106, dated 9 December 2010, paras. 31 to 37.  GPA/M/42 
 Page 7 
 
 
  34. The representative of the European Union  said that her delegation fully supported the 
statement made by the Chairman regarding the ongo ing negotiations, including, in particular, the goal 
to conclude as soon as possible.  She reiterated the European Union's commitment to this process, 
further reiterating that, for the EU, a satisfact ory package would include both coverage and 
text-related matters.  Further to this, with respect  to coverage, it was impor tant and of material 
significance to European Union that the right balance be found between ambition and realism. 
 35. The Committee took note
 of these developments. 
 E. 
ANNUAL REVIEW OF THE IMPLEMENTATI ON AND OPERATION OF THE AGREEMENT , AND 
APPROVAL OF THE COMMITTEE 'S ANNUAL REPORT TO THE GENERAL COUNCIL  
36. The Chairman  said that Article XXIV:7(a) of th e Agreement required the Committee to 
review annually the implementation and operation of the Agreement and to inform the General 
Council of developments during the periods covered by such reviews.  He said that a draft of the 
Report, reflecting the developments that had ta ken place since the circulation of the Committee's 
Annual Report for 2009 had previously been circulated by the Secretariat.29  Subsequently, the 
Secretariat had circulated, as a room document, an update to that draft Repor t reflecting developments 
up to and including the morning of the present meetin g.  He proposed that the Committee discuss and 
adopt the Report with any necessary additional modi fications.  He said that, if appropriate, an 
Addendum  to the report could be issued reflecting developments arising from the Committee's work 
during the present meeting period. 
 
37. Following necessary modifications, the Committee adopted  its Annual Report to the General 
Council for the period January to December 2010.30 
 
F. OTHER BUSINESS  
38. Following discussion, the Committee agreed  to pencil in the following dates for its first two 
meetings for 2011:  
(a) Week 1:  28 February - 4 March 2011
31;  and 
(b) Week 2:  11-15 April 2011. 
39. As regards the remainder of its meetings for the year, the Committee decided to revert to this 
issue in the course of 2011. 
 
__________  
                                                      
29 Job No. 10372, dated 2 December 2010. 
30 Subsequently issued as GPA/106, dated 9 December 2010. 
31 Subsequently changed to 7-11 March 2011 to accommodate logistical constraints.