RESTRICTED  
  
GPA/TN1994/3/Rev.25  
19 November  2007 
(24-2796) 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 14 NOVEMBER  2007*, ** 
NOTE  BY THE SECRETARIAT  
Revision  
In the informal closing session that took place on 15 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 t o 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 agre ed 
until everything 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: negs269) was deres tricted on 8 November 2023.  GPA/TN1994/3/Rev.25  
- 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 ra tification 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 Agr eement 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 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.  
 
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 provid ed 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 derogati ons 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.  
 
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.  
 
 
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.25  
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  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 t his 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  [on the 
basis of mutual reciprocity]EC, taking into consideration the needs of developing countries.  [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 
 
[10bis(1) For the avoidance of doubt, Article  XXIV:7(b) and (c) of the 1994  Agreement shall apply 
to the coverage negotiations undertaken by the Parties prior to the entry into force of this 
Agreemen t, and also to the results of such negotiations which had been agreed and scheduled as 
Appendices to this Agreement.  
 
(2) Not later than the end of [...] from the date of entry into force of this Agreement, and 
periodically thereafter, the Parties shall un dertake further negotiations, 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, taking into consideration the needs of developing countries.  [N.B. This 
is similar to para graph  9 with the exception of the addition of the words "on the  basis of 
mutual reciprocity".]  
 
(3) To avoid introducing 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 coverage 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 undertaken pursuant 
to this Agreement insofar as these results are inconsistent with the gener al 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 Agreement 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 nomenc lature 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 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 applicability of Article  XX:2(b).  
 
 
3 Negotiators' Note:  The Parties shall review the content of this paragraph before the end of the 
negotiations.  GPA/TN1994/3/Rev.25  
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  Amendments  
 
15. The Parties may amend this Agreement [having regard, inter alia , to the experience gained in 
its implementati on]. 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 up on acceptance by it.4 
[N.B. : The U nited States  questions whether the second 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 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 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 16 and 17.]  
 
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 Ag reement 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. 
 
 
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.25  
- 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.25  
- 6 - 
  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 /8] AGREEMENT ON GOVERNMENT PROCUREMENT7 
The Committee on Government Procurement , 
 
Noting that not all Parties to the Agreement on Government Procurement dated 1 5 April 1994 
(hereinafter referred to as the "1994 Agreement ") may become a Party to the Agreement on 
Government Procurement done on [… 2007 /8] (hereinaf ter referred to as the "2007 /8 Agreement") 
as of its date of entry into force ; 
 
Considering  that, during the period of coexistence of the 1994 Agreement and the 2007 /8 
Agreement, a Party to the 1994 Agreement which has become a Party to the 2007 /8 Agreemen t 
should have the right to act in accordance with the provisions of the 2007 /8 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 2007 /8 Agreement ; 
 
Considering moreover that, during that period of coexistence, a Party to the 1994 Agreement 
which has become a Party to the 2007 /8 Agreement should not be under a legal obligation to extend 
the benefits accorded solely under the 2007 /8 Agreement to the Partie s of the 1994 Agreement 
which have not yet become Parties to the 2007 /8 Agreement ; 
 
Decides  as follows:  
 
1. A Party to the 1994 Agreement that is a Party to the 2007 /8 Agreement may maintain or 
adopt any measure consistent with the provisions of the 2007 /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 2007 /8 Agreement until the entry i nto force for that Party to the 2007 /8 Agreement.  
 
2. A Party to the 1994 Agreement  that is a Party to the 2007 /8 Agreement is not under any 
obligation to accord to goods, services and suppliers of any other Party to the 1994 Agreement that 
has not yet bec ome a Party to the 2007 /8 Agreement the benefits accorded solely as a result of the 
commitments or other obligations assumed under the 2007 /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 2007 /8 Agreement.  
 
 
7 Negotiators' Note:  The Parties are still considering the need for and the content of this Decision.  GPA/TN1994/3/Rev.25  
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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 Procurement , 
 
 Having regard to paragraph 9 of Article XXIV of the WTO Agreement on Government 
Procurement done at Marrakesh on 1 5 April 1994 ("the 1994 Agreement") ; 
 
 Having undertaken  further negotiations pursuant to Article  XXIV:7(b)  [and (c)]SGP of the 
1994 Agreement and reached agre ement 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 Protoc ol 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 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 [deposited their respective instruments of ]JPN [accepted it upon ]US acceptance [thereof, on the 
30th day followin g such deposit ]JPN by […] of the Parties to the 1994 Agreement [.]JPN [and t]US [T]JPN 
hereafter [the protocol shall enter into force ]JPN 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 ]JPN 
[to the 1994 Agreement upon acceptance by it ]US. 
 
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 Procu rement 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.  
 
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.  
 
 
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.25  
- 8 - 
  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 establishin g 
the World Trade Organization means reference to the amended Agreement ].JPN GPA/TN1994/3/Rev.25  
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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 refer red 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 replac ed 
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 until 
[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 
[deposited their respective instruments of]JPN [accepted it upon ]US acceptance [thereof, on the 
30th day following such deposit]JPN by […] of the Parties to the 1994 Agreement [and t ]US [. T]JPN 
hereafter  [this Protocol shall enter into force]JPN for each other Party to the 1994 Agreement [which 
has deposited its instrum ent of]JPN [upon]US acceptance [thereof]JPN [by it]US [, on the 30th day 
following the date of such deposit]JPN. 
 
[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 amended 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 provis ions 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 notific ation of each acceptance 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, 
Frenc h and Spanish languages, each text being authentic.  
 GPA/TN1994/3/Rev.25  
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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 gover nment 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 governme nt 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 Ag reement 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 Agreement ; 
 
 Desiring  to encourage acceptance of and accession to th is 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. 
 
 Hereby agree  as follows:  
 
[INSERTION OF ARTICLES I -XXII OF THE REVISED TEXT AND APPENDICES]  
 
__________