WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/V/EU/1 
21 February 2012 
 (12-1002) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS 
UNDER ARTICLE XXIV:7 OF THE AGREEMENT 
ON GOVERNMENT PROCUREMENT 
 
Communication from the European Union
1 
  
 The following submission, dated 20 February 2012,  is being circulated at the request of the 
Delegation of the European Union. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RÉSULTATS DES NÉGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication de l'Union Européenne
1 
   La communication ci-après, datée du 20 février 2012, est distribuée à la demande de la délégation de l'Union européenne. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV DEL 
ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de la Unión Europea
1 
   La siguiente comunicación, de fecha 20 de fe brero de 2012, se distribuye a petición de la 
delegación de la Unión Europea. 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  
   GPA/O/V/EU/1 
 Page 3 
 
 
  EUROPEAN UNION'S RESPONSES TO THE COMMENTS MADE BY PARTIES 
 
 1. The European Union (EU) appreciates the e fforts made by every Party to conclude the 
Agreement on Government Procurem ent negotiations before the Eighth Ministerial Conference of the 
World Trade Organization. 
 2. In this respect, the EU recalls that a political agreement was reached during the GPA 
Ministerial level meeting held in Geneva on 15 D ecember 2011 between the Parties.  This agreement 
includes the text of the future GP A, the work programmes and each GPA Party's future Appendix I.  
This is reflected in the terms of the Decision on the outcomes of the negotiations under 
Article XXIV:7 of the Agreement on Government Procurement taken by the Ministers of the GPA 
Parties.  3. According to paragraph 7 of the Decision, this political agreement is subject to final 
verification and legal review.  The necessary steps be fore the signature of the future GPA are taken on 
the understanding that they cannot affect the s ubstance of the political agreement reached in 
December 2011.  Rather, these steps consist in im proving where necessary the uniformity, clarity and 
readability of the future Agreement and corrections  of clerical errors with a view to ensuring 
consistency and legal certainty.  
4. Against this background, the EU welcomes the useful suggestions which clearly aim at 
fulfilling the above mentioned goals.  Parties will find below the EU's answers to these suggestions. 
 5. As regards the comments made by some Parti es on the EU's future schedule of entities, in 
particular as concerns EU's Annex 1 and/or notes that the EU included in its Annexes, the EU will 
provide explanation to the Parti es concerned on a bilateral basis. 
 
I. UNITED STATES' COMMENTS (GPA/O/V/USA/1) 
 
1. General comments 
  The EU agrees with most of the suggestions  made by the United States and will adapt its 
Annexes accordingly.  The EU will not be able to  accommodate the proposed change as regards the 
title of Annex 3 for which the United States suggest s the use of the title "other entities".  As GPA 
Parties will recall, the EU coverage under this  Annex includes EU's Annex 1 and Annex 2 entities 
operating in the domains of utilities (water, ener gy and transport) together with EU public 
undertakings operating in the same domains.  Ther efore, the titles suggested by the United States 
("other entities" or "government enterprises") do not reflect in a correct manner the content of the 
EU's coverage.  As a result, the EU will retain the title "utilities".  
 
2. Specific comments on the EU 
  The EU agrees with the suggestions made by the United States and will adapt its Annexes 3, 4 
and 7 accordingly.  
II. CANADA'S COMMENTS (GPA/O/V/CAN/1) 
  The EU agrees with the suggestions made by Ca nada and will adapt its Annexes 3, 4, 5 and 7 
accordingly.  GPA/O/V/EU/1 
Page 4  
 
  III. KOREA'S COMMENTS AND QUESTIONS (GPA/O/V/KOR/1) 
 
1. The EU takes note of the Korean suggestions as regards clerical errors that may have occurred 
when drafting the EU's third revised offer and the addendum.  The sugges tions will be reviewed, 
verified and reflected accordingly in the future EU 's commitments.  Additionally, the EU can confirm 
that it will provide English translation of names of  entities listed in Annex 1, as requested by Korea. 
 2. As regards the question in Point 9 of Korea's submission, the EU confirms that footnote 3 in 
Notes to Annex 1, footnote 3 in Notes to Annex 2 an d footnote 7 in Notes to Annex 3 were deleted to 
reflect the outcome of the political agreement reached in Geneva on 15 December 2011.  This deletion 
was indicated in the addendum to the EU's third revised offer circulated on 15 December 2011 and 
therefore the said footnotes will not be part of th e EU's future commitments under the revised GPA. 
 
IV . JAPAN'S COMMENTS (GPA/O/V/JPN/1) 
  The EU can confirm that footnote 3 to the Notes to Annex 1, footnotes 2 and 3 to the Notes to 
Annex 2 and footnotes 6 and 7 to the Notes to Anne x 3 were deleted to reflect the outcome of the 
political agreement reached in Geneva on 15 Decemb er 2011.  This deletion was indicated in the 
addendum to the EU's third revised offer circulated on 15 December 2011 and therefore the said footnotes will not be part of the EU's future commitment under the revised GPA. 
 V . SINGAPORE'S COMMENTS (GPA/O/V/SGP/1) 
 
 The EU takes note of the Singaporean comments relating to the names of entities and clerical errors that may have occurred when drafting the EU's third revised offer and the addendum.  The 
suggestions will be reviewed, verified and reflect ed accordingly in the fu ture EU's commitments. 
 
VI. HONG KONG, CHINA'S COMMENTS (GPA/O/V/HKG/1) 
 
 The EU takes note of the comments submitted by  Hong Kong, China that relate to the names 
of entities and clerical errors that may have occu rred when drafting the EU's third revised offer and 
the addendum.  The suggestions will be reviewed, verified and reflected accordingly in the future 
EU's commitments. 
  
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