RESTRICTED  
  
GPA/TN1994/3/Rev.41  
 
14 December 2011  
(24-2598) Page: 1/7 
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: negs398 ) was derestricted on 8 November 2023.  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT:  
THE STATE OF WORK ON ARTICLE XXII WITH PROPOSED DECISION  
AND PROTOCOL OF AMENDMENT FOR GIVING LEGAL  
EFFECT TO THE REVISED AGREEMENT,  
AS AT 14 DECEMBER 2011 * 
NOTE BY THE SECRETARIAT  
Revision  
For the assistance of delegations, the attached text sets out the agreed text of Article XXII of the 
revised Agreement on Government Procurement together with the proposed decision and protocol 
of amendment for giving legal effect to t he revised Agreement.  
 
The attached text is subject to the N.B. at the top of page 2 of this note and to the general 
understanding governing the negotiations that nothing is agreed until everything is agreed.  
 
_______________  GPA/TN1994/3/R ev.41  
 
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* Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs398 ) was derestricted on 8 November 2023.  TEXT OF ARTICLE XXII  
 
[N.B.:  The Parties' agreement on Article XXII is subject to a mutually satisfactory outcome 
in the market access negotiations.]  
 
Article  XXII  Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter into force on 1 January 1996 for those governments1 whose agreed 
coverage is contained in Annexes of Appendix I of this Agreement, and which have,  by signature, 
accepted the Agreement on 15  April 1994, or have, by that date, signed the Agreement subject to 
ratification and have subsequently ratified the Agreement before 1  January  1996.  
 
Accession  
 
2. 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  
 
3. No Party may enter a reservation in respect of any provision of this Agreement.  
 
Domestic Legislation  
 
4. 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 provisi ons of this Agreement.  
 
5. Each Party shall inform the Committee of any changes to its laws and regulations relevant to 
this Agreement and in the administration of such laws and regulations.  
 
Future Negotiations and Future Work Programmes  
 
6. Each Party sh all seek to avoid introducing or continuing discriminatory measures that distort 
open procurement.  
 
7. Not later than the end of three years from the date of entry into force of the Protocol Amending 
the Agreement on Government Procurement, adopted on [DATE], and periodically thereafter, the 
Parties shall undertake further negotiations, with a view to improving the Agreement, progressively 
reducing and eliminating discriminatory measures, and achieving the greatest possible extension of 
its coverage amo ng all Parties on the basis of mutual reciprocity, taking into consideration the needs 
of developing countries.  
 
8. (a) The Committee shall undertake further work to facilitate the implementation of the 
Agreement and the negotiations provided for in paragr aph 7, through the adoption 
of work programmes for the following items:  
 (i) the treatment of small and medium -sized enterprises;  
 
 (ii) the collection and dissemination of statistical data;  
 
 (iii) the treatment of sustainable procurement;  
 
1 For the purpose of this Agreement, the term "government" is deemed to include the competent 
authorities of the European Union.  GPA/TN1994/3/Rev.41  
 
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   (iv) exclusion s and restrictions in Parties' Annexes;  and 
 
 (v) safety standards in international procurement.  
 
 (b) The Committee:  
 
(i) may adopt a decision that contains a list of work programmes on 
additional items, which may be reviewed and updated periodically;  and 
 
(ii) shall adopt a decision setting out the work to be undertaken on a 
particular work programme under subparagraph (a) or (b)(i).  
 
9. 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.  
 
10. Not later than the end of the fifth year from the date of entry into force of the protocol of 
amendment to this Agreement, the Committee shall examine the applicability of Article  XX:2(b).  
 
Amendments  
 
11. The Parties may amend this Agreement.  The deci sion to approve an amendment shall be made 
by consensus.  An amendment shall become effective as follows:  
 
 (a) except as provided for in subparagraph (b), an amendment shall take effect, in 
respect of those Parties that accept it, upon acceptance by 2/3 of  the Parties and 
thereafter for each other Party upon acceptance by it;  
 
 (b) an amendment that the Committee, by consensus, has determined to be of a 
nature that would not alter the rights and obligations of the Parties shall take 
effect for all Parties u pon acceptance by 2/3 of the Parties.  
 
Withdrawal  
 
12. 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.  
 
13. 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 ceas es to be a Member of the WTO.  
 
Non-application of this Agreement between Particular Parties  
 
14. 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 app lication.  
 
Appendices  
 
15. The Appendices to this Agreement constitute an integral part thereof.  
 GPA/TN1994/3/Rev.41  
 
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  Secretariat  
 
16. This Agreement shall be serviced by the WTO Secretariat.  
 
Deposit  
 
17. 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  11, and a notification 
of each accession thereto pursuant to paragraph  2 and of each withdrawal pursuant to 
paragraphs  12 or 13.  
 
Registration  
 
18. This Agreement shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 
 Done at Marrakesh this fifteenth day of April one thousand nine hundred and ninety -four in a 
single copy, in the English, French and Spanish languages, each text being authentic, except as 
otherwise specified with respect to the Appendices hereto.  
 GPA/TN1994/3/Rev.41  
 
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  DECISION AND PROTOCOL OF AMENDMENT TO THE EXISTING (1994) AGREEMENT  
 
PROPOSED DECISION OF THE COMMITTEE ON GOVERNMENT PROCUREMENT  
ON ADOPTION OF "THE PROTOCOL AMENDING THE AGREEMENT ON GOVERNMENT 
PROCUREMENT"  
Decision of [day/month/year]  
 
 
 The Committee on Government Procurement,  
 
 Having regard to paragraph  9 of Article  XXIV of the WTO Agreement on Government 
Procurement done at Marrakesh on 15  April 1994 ("the 1994  Agreement");  
 
 Having undertaken  further negotiations pursuant to Article  XXIV:7(b) and (c) 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 Decis ion, to adopt the Protocol Amending the Agreement on Government Procurement 
("the 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 m ay 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 attached to this Decision 
is hereby adopted, and open for acceptance by Parties to the 1994  Agreement.  
 
2. 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 acceptance thereof, on the 30th day following such 
deposit by 2/3 of the Parties to the 1994 Agreement.  Thereafter the Protocol shall enter into force 
for each Party to the 1994  Agreement that has deposited its instrument of acceptance thereof, on 
the 30th day following the date of such deposit.  
 
3. Upon the entry into force of the Protocol,  
 
(a) 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 1994 Agreement shall apply, including 
Appendix I of the 1994 Agreement;  
 
(b) notwithstanding subparagraph (a), a Party to the 1994 Agreement for which the 
Protocol has entered into force may maintain or adopt any measure consistent with 
the Protocol, even if that measure is inconsistent with the 1994 Agreement and even 
with respect to a Party to the 1994  Agreement for which the P rotocol has not entered 
into force;  and 
 
(c) a Party that has accepted the Protocol shall only be required to provide access to 
the procurement that it covers under Appendix I attached to the Protocol to the 
other Parties that have accepted the Protocol.  
 
4. Any terms of accession to the 1994 Agreement agreed after the date of this Decision, pursuant 
to paragraph 2 of Article XXIV of the 1994 Agreement, shall provide that, upon entry into force of 
the Protocol:  
 
 (a) the acceding WTO Member shall be bound by the Protocol;  GPA/TN1994/3/Rev.41  
 
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  (b) as between such acceding WTO Member and a Party only to the 1994  Agreement, 
the 1994 Agreement shall apply, including the Party's Annexes to Appendix I of the 
1994 Agreement;  
 
(c) notwithstanding subparagraph (b), the acceding WTO Member may maintain or 
adopt any measure consistent with the Protocol, even if that measure is inconsistent 
with the 1994 Agreement and even with respect to a Party only to the 
1994 Agreement;  and 
 
(d) notwithstanding subparagraphs (b) and (c) , the acceding WTO Member shall provide 
access to the procurement that it covers to all Parties to the 1994 Agreement, 
including those Parties that have not accepted the Protocol.  
 
 
  GPA/TN1994/3/Rev.41  
 
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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, Articles  I through XXIV, and Appendices of the 1994  Agreement shall be 
deleted and replaced by the provisions as set forth in the Annex hereto.  
 
2. This Protocol shall be open for acceptance by the Parties to the 1994  Agreeme nt. 
 
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 2/3 of the Parties to the 1994  Agreement.  Thereafter this  Protocol shall enter into force for each 
Party to the 1994  Agreement which has deposited its instrument of acceptance thereof, on the 30th 
day following the date of such deposit.  
 
4. This Protocol shall be deposited with the Director -General of the WTO, 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.  
 
5. This Protocol shall be registered in accordance with the provisions of Ar ticle 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, except as otherwise specified with respect 
to the App endices hereto.  
 
 
[INSERTION OF PREAMBLE, ARTICLES  I-XXII OF THE REVISED TEXT AND APPENDICES]  
 
 
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