RESTRICTED  
  
GPA/TN1994/3/Rev.23  
 
5 July 2007 
(24-2587) Page: 1/5 
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: negs248 ) was derestricted on 8 November 2023.  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT:  
THE STATE OF WORK ON ARTICLE XXII AS AT 28  JUNE  2007 * 
NOTE BY THE SECRETARIAT  
Revision  
In the informal closing session held on 28 June 2007, the Secretariat was asked to issue a document 
reflecting the state of the work on Article XXII of the revised Agreement on Government 
Procurement. All agreed qualifiers were to be retained.  
 
This note comprises the requested document. It will be noted that the whole of the Article is subject 
to the N.B. attached to the title of the Article, which states that: "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 an d may propose additional changes to this Article".  
 
For completeness, the draft Decision on Arrangement for the Period of Coexistence of the 
1994 Agreement on Government Procurement and the [2007]  Agreement on Government 
Procurement is also attached (no wo rk was done on this draft Decision in the course of the meetings 
last week).  
 
_______________  GPA/TN1994/3/Rev.23  
 
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  Article  XXII  Final Provisions  
[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.]  
 
Acceptance and Entry into Force  
 
1. This Agreement shall enter into force on  [...] for those WTO Members whose agreed coverage 
is set out in Annexes  1 through  6 of Appendix  I, and that have, by signature, accepted this 
Agreement on  [...], or have, by or on that date, signed this Agreement subject to ratification and 
have subsequently ratified this Agreement before  [...]. 
 
Transitional Arrang ements  
 
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 provisi ons 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 
 
Accession  
 
4. Any Member of the WTO may accede to this Agreement on terms to be agreed between that 
Member  and 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 de posit of its instrument of accession.3 
 
Reservations  
 
5. [Subject to paragraph 10 bis of this Article where coverage commitments may be negotiated 
and accorded by the Parties to one another on the basis of mutual reciprocity, no]SGP [No] Party may 
enter a reservation in respect of any provision of this Agreement.  
 
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 provi sions 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.  
 
8. Each Party shall seek to avoid introducing or continuing di scriminatory measures that distort 
open procurement.  
 
[Coverage negotiations and]SGP 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 negot iations, with a view to improving the 
 
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.  
3 Negotiators' Note: The Parties are still consider ing this paragraph.  GPA/TN1994/3/Rev.23  
 
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  Agreement and achieving the greatest possible extension of its coverage among all Parties, taking 
into consideration the needs of developing countries.4 
 
10. The Parties shall, in the context of the negotiations refer red to in paragraph 9, seek to 
eliminate discriminatory measures which remain on the date of entry into force of this Agreement.5 
 
[10bis. 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 and in order to encourage all 
Parties to avoid introducing or continuing discriminatory measures and practices that distort open 
procurement, the Parties shall:  
 
(a) in the context of the coverage negotiations und ertaken pursuant to Article XXIV:7 
of the 1994 Agreement (which upon their completion shall be scheduled as 
Appendices to and deemed to be integral parts of this Agreement); and  
 
(b) in any future coverage negotiations to be undertaken pursuant to this par agraph not 
later than the end of [...] from the date of entry into force of this Agreement, and 
periodically thereafter,  
 
seek to progressively reduce and/or eliminate in the aforesaid negotiations the aforesaid 
discriminatory measures and practices on the  basis of mutual reciprocity, and with regard 
particularly to the needs of developing countries.6]SGP [N.B.: Singapore is proposing to replace 
paragraphs 9 and 10 by paragraph 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 amen ding 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 effectiveness of the use of Articles XVI:4 and 5.  
 
14. Not later than the end of the f ifth year from the date of entry into force of this Agreement, 
the Committee 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 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 upon acceptance by it.7 
 
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 paragraph 16 is 
 
4 Negotiators' Note: The Parties shall review the content of this paragraph  before the end of the 
negotiations.  
5 Negotiators' Note: The Parties shall review the content of this paragraph before the end of the 
negotiations.  
6 Negotiator s' Note: The Parties shall review the content of this paragraph before the end of the 
negotiations.  
7 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.23  
 
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  of such a nature that any Party which has not accepted it within a specified period shall be free t o 
withdraw from this Agreement or to remain with the consent of the Committee.8 
 
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.9 
 
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 -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 thereto pursuant to paragraph  15, and a 
notification of each accession thereto pursuant to paragraph  4 and of each withdrawal therefrom 
pursuant to paragraph  18. 
 
Registration  
 
24. This Agreement shall be registered in accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 
Done at [...] this  [...] day of [...] in a single copy in the English, French and Spanish languages, 
each text being authentic, except as otherwise specified with respect to the Appendices to this 
Agreement.  
  
 
8 Negotiators' Note: The Parties are still considerin g the need for and the content of this paragraph.  
9 Negotiators' Note: The Parties are still considering the need for and the content of this paragraph.  GPA/TN1994/3/Rev.23  
 
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  [(DRAFT DECISION)]  
Arrangement for the Period of Co existence of the 1994 Agreement on Government  
Procurement and the [2007] Agreement on Government Procurement10 
 
 The Committee on Government Procurement , 
 
 Noting that not all Parties to the Agreement on Government Procurement dated 15 April 1994 
(hereinaf ter referred to as the "1994 Agreement ") may become a Party to the Agreement on 
Government Procurement done on [… 2007] (hereinafter referred to as the "2007 Agreement") as of 
its date of entry into force,  
 
 Considering  that, during the period of coexisten ce of the 1994 Agreement and the 2007 
Agreement, a Party to the 1994 Agreement which has become a Party to the 2007 Agreement should 
have the right to act in accordance with the provisions of the 2007 Agreement notwithstanding any 
inconsistency with the pr ovisions of the 1994 Agreement, vis-à-vis Parties to the 1994 Agreement 
that are not Parties to the 2007 Agreement,  
 
 Considering moreover that, during that period of coexistence, a Party to the 1994 Agreement 
which has become a Party to the 2007 Agreement should not be under a legal obligation to extend 
the benefits accorded solely under the 2007 Agreement to the Parties of the 1994 Agreement which 
have not yet become Parties to the 2007 Agreement.  
 
Decides  as follows:  
 
1. A Party to the 1994 Agre ement that is a Party to the 2007 Agreement may maintain or adopt 
any measure consistent with the provisions of the 2007 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 Agreement until the entry into force for that Party to the 2007 Agreement.  
 
2. A Party to the 1994 Agreement  that is a Party to the 2007 Agreement is not under any 
obligation to accord to goods, services and suppliers of any other Party to the 1994 Agree ment that 
has not yet become a Party to the 2007 Agreement the benefits accorded solely as a result of the 
commitments or other obligations assumed under the 2007 Agreement.  
 
3. The provisions of Articles XX and XXII of the 1994 Agreement shall not apply i n 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 Agreement.  
 
 
__________  
 
10 Negotiators' Note: The Parties are still considering the content of this Decision.  Some Parties 
question the need for this Decision.