WORLD TRADE  
ORGANIZATION  GPA/95 
9 December 2008 
 
 (08-6080) 
  
  
 
2008 REPORT OF THE COMMITTEE ON GOVERNMENT PROCUREMENT 
 
 
I. GENERAL  
1. This Report covers the period since the Committee's previous Annual Report
1, that is 
January – December 2008.  It is issued pursuan t to Article XXIV:7(a) of the Agreement on 
Government Procurement. 
2. Since the last Annual Report, th e Committee has held two formal meetings:  on 20 February 
and 9 December 2008.2  These meetings were chaired by Mr. Nicholas Niggli (Switzerland).3 
3. The Committee has also held a series of info rmal meetings, focusing on negotiations under 
Article XXIV:7 of the Agreement on Government Procurement and on accession issues, in the weeks 
beginning 18 February, 26 May, 22 September, 10 November and 8 December 2008, respectively. 
4. The following WTO Members are covered by the Agreement:  Canada;  the European 
Communities, including its 27 member States;  Hong Kong, China;  Iceland;  Israel;  Japan;  Korea;  
Liechtenstein;  the Kingdom of the Netherlands with respect to Aruba;  Norway;  Singapore;  
Switzerland;  and the United States. 
5. Twenty-two WTO Members have observer status in the Committee on Government 
Procurement:  Albania, Argentin a, Armenia, Australia, Bahrain4, Cameroon, Chile, China, Colombia, 
Croatia, Georgia, Jordan, the Kyrgyz Republic, Moldova, Mongolia, New Zealand5, Oman, Panama, 
Saudi Arabia, Sri Lanka, Chinese Taipei and Turkey.  Four intergovernmental organizations, namely 
the IMF, International Trade Centre, OECD and UNCTAD, also have observer status. 
                                                      
1 GPA/92, dated 13 December 2007. 
2 GPA/M/34, dated 30 March 2008;  and GPA/M/35, to be circulated. 
3 At its meeting of 20 February 2008, the Committ ee re-elected Mr. Nicholas Niggli (Switzerland) as 
its Chairman for 2008 (GPA/M/34, dated 30 March 2008, para. 5). 
4 Following Bahrain's request for observer status (GPA/W/301, dated 6 May 2008), since 28 May 2008, 
Bahrain has been observing, on an ad hoc basis, the info rmal meetings of the Committ ee, pending a decision at 
the Committee's next formal meeting.  At its fo rmal meeting of 9 Decembe r 2008, the Committee on 
Government Procurement granted observer status to Bahrain (GPA/M/35, to be circulated). 
5 Following New Zealand's request for observer status (GPA/W/300, dated 24 April 2008), since 
28 May 2008, New Zealand has been observing, on an ad hoc basis, the informal meetings of the Committee, pending a decision at the Committee's next formal meetin g.  At its formal meeti ng of 9 December 2008, the 
Committee on Government Procurement granted observer status to New Zealand (GPA/M/35, to be circulated). GPA/95 
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  II. IMPLEMENTATION OF THE AGREEMENT 
A. 
THRESHOLDS  
6. In accordance with the Decision on Modalities for Notifying Threshold Figures in National 
Currencies6, since the last annual report, Canada;  the European Communities;  Hong Kong, China;  
Japan;  Norway;  Singapore;  Switzerland;  and th e United States have provided information on their 
threshold figures expressed in national currencies for 2008-2009/10.7 
B. NOTIFICATION AND REVIEW OF NAT IONAL IMPLEMENTING LEGISLATION  
7. Pursuant to Article XXIV:5(b) of the Agreem ent on Government Procurement, Japan notified 
a change in its national implementing legislation.8 
C. STATISTICAL REPORTING  
8. Article XIX:5 of the Agreement on Government Procurement requires Parties to collect and 
provide, on an annual basis, statistics on their pr ocurements covered by the Agreement.  During the 
period under review, Hong Kong, China h as notified its statistical report for 20079 and the United 
States has notified its statistical reports for 200010, 200111, 200212, 200313, 200414, 200515 and 2006.16 
D. CONSULTATIONS AND DISPUTE SETTLEMENT  
9. No matters were raised during the reporti ng period under Article XXII of the Agreement on 
Government Procurement. 
III. MODIFICATIONS TO THE APPENDICES TO THE AGREEMENT 
(a) Modifications that have been certifie d since the meeting of 13 December 2007 
10. During the reporting period, the following pro posed modifications have been certified: 
 (i) modification by the United States : 
 
  - GPA/MOD/USA/617, effective as of 6 November 200818, given that no 
 objections were made within 30 days; 
 
                                                      
6 GPA/1, dated 5 March 1996, Annex 3. 
7 GPA/W/299/Add.3, dated 7 January 2008;  GPA/W/299/Add.4, dated 29 January 2008;  
GPA/W/299/Add.2, dated 21 December 20 07;  GPA/W/299/Add.5, dated 8 Fe bruary 2008;  GP A/W/299/Add.6, 
dated 6 March 2008;  GPA/W/299, dated 18 December 20 07;  GPA/W/299/Add.7, dated 4 December 2008;  and 
GPA/W/299/Add.1, dated 21 December 2007. 
8 GPA/37/Add.5, dated 1 April 2008. 
9 GPA/94, dated 24 November 2008. 
10 GPA/62/Add.4, to be circulated. 
11 GPA/70/Add.4, to be circulated. 
12 GPA/76/Add.5, to be circulated. 
13 GPA/80/Add.5, to be circulated. 
14 GPA/84/Add.3, to be circulated. 
15 GPA/88/Add.2, to be circulated. 
16 GPA/91/Add.1, to be circulated. 
17 Dated 7 October 2008. 
18 WT/Let/635, dated 17 November 2008.  GPA/95 
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   (ii) modification by Japan : 
   - GPA/MOD/JPN/30
19, effective as of 4 December 200820, due to the EC's 
 withdrawal21 of its objection.22 
 
(b) Proposed modifications that remain outstanding 
11. As to outstanding proposed modifications, th e following developments have taken place 
during the reporting period: 
(i) Notification by Canada : 
  In December 2006, April and Septem ber 2007 and April 2008, Canada submitted 
communications23 containing proposed modifications to its Schedules pursuant to 
Article XXIV:6(a) of the Agreement on G overnment Procurement.  The European 
Communities, Japan, the United States a nd Korea objected to these proposed 
modifications.24  Canada provided a communication stating that Canada considers 
that the 30-day time-period for objections  expired before the date of Korea's 
communication.25  Canada also provided replies to questions from Japan.26  
Subsequently, the United States and Japan have withdrawn their objections to Canada's proposed modifications.
27 
 
(ii) Notifications by Japan  concerning proposed modifications relating to: 
- East Japan Railway Company, Central Japan Railway Company and West 
Japan Railway Company28 
No developments during the reporting period. 
- Railway Construction Public Corpor ation and Corporation for Advanced 
Transport and Technology29 
No developments during the reporting period. 
- National Aerospace Laboratory30 
No developments during the reporting period. 
                                                      
19 Dated 10 June 2008. 
20 WT/Let/637, to be circulated. 
21 GPA/MOD/JPN/33, dated 4 December 2008. 
22 GPA/MOD/JPN/31, dated 1 July 2008. 
23 GPA/MOD/CAN/1, dated 19 December 2006;  GP A/MOD/CAN/1/Corr.1, da ted 13 April 2007;  
GPA/MOD/CAN/1/Add.1, dated 24 September 2007;  and GPA/MOD/1/CAN/Add.2, dated 16 April 2008. 
24 GPA/MOD/CAN/2, dated 15 January 2007, GPA/MOD/CAN/3, dated 18 January 2007, 
GPA/MOD/CAN/4, dated 18 January 2007 and GPA/MOD/CAN/5, dated 29 January 2007, respectively. 
25 GPA/MOD/CAN/6, dated 22 February 2007. 
26 GPA/MOD/CAN/7, dated 5 April 2007. 
27 GPA/MOD/CAN/8, dated 25 May 2007 and GPA/MOD/CAN/9, dated 1 June 2007. 
28 GPA/W/144, 145 and 146, dated 29 August 2001 and GPA/W/152 and Corr.1, dated 20 September 
and 10 October 2001, respectively. 
29 GPA/W/272 and GPA/W/272/Rev.1, dated 23 September and 8 October 2003, respectively. 
30 GPA/W/275, dated 23 September 2003. GPA/95 
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  - Japan Small and Medium Enterprise Corporation, Japan Regional 
Development Corporation, Ur ban Development Corporation31 
In November 2008, Japan provided responses32 to additional questions from 
the EC.33 
(iii) Notification by Korea  concerning proposed modifications to its Appendix I 
Annexes 1, 2, 3, 4 and Notes to Annex 3 to reflect restructuring of government 
operations which resulted in government organizations being either renamed or 
combined, or their functions moved to another government organization34: 
Canada objected to these proposed modifications.35 
(iv) Notification by the United States  concerning proposed modifications to reflect 
changes in the administrative structure of the Federal Government36, as regards the 
Uranium Enrichment Corporation  
No developments during the reporting period. 
IV. ACCESSIONS 
12. Nine WTO Members are in the process of acceding to the Agreement on Government 
Procurement:  Albania, China, Georgia, Jordan, the Kyrgyz Republic, Moldova, Oman, Panama and 
Chinese Taipei.  A further six WTO Members have provisions regarding accession to the Agreement in their respective Protocols of Accession to th e WTO:  Armenia, Croatia, the Former Yugoslav 
Republic of Macedonia, Mongolia, Saudi Arabia and the Ukraine.  Following are additional details 
regarding particular WTO Members whose accessions were actively carried forward during the year. 
 (a) China 
 
13. China applied for accession to the GPA on 28 December 2007 and its initial offer was 
circulated to Parties on 7 January 2008.
37  China submitted its Replies to the Checklist of Issues for 
Provision of Information Relating to Accession to the Agreement on Government Procurement38 
("Checklist of Issues") on 15 September 2008.  Parti es noted that significant improvements would be 
needed in China's initial offer to bring China's cove rage to the level of that of other Parties.  
Discussions dedicated to China's accession took place during the informal meetings of the Committee 
on 20 February and 24 September.39  In the course of these sessions, China explained aspects of its 
initial offer and also described the challenges that it is facing in modernizing its procurement system 
and bringing it into eventual compliance with GPA requirements.  Much appreciation was expressed by Parties for the quality of information provide d in China's replies to the Checklist and the 
seriousness with which China was pursuing its accessi on.  Requests for improvements in China's offer 
were received from Canada
40, the European Communities41, Japan42, Korea43, Norway44, 
                                                      
31 GPA/MOD/JPN/7, dated 26 July 2004. 
32 GPA/MOD/JPN/32, dated 7 November 2008. 
33 GPA/MOD/JPN/18, dated 3 June 2005. 
34 GPA/MOD/KOR/13, dated 27 May 2008;  and GPA/MOD/KOR/13/Corr.1, dated 23 June 2008. 
35 GPA/MOD/KOR/14, dated 19 June 2008. 
36 GPA/W/153, dated 25 September 2001. 
37 GPA/ACC/CHN/1. 
38 GPA/ACC/CHN/8, dated 16 September 2008. 
39 Summaries of those discussions were circul ated to Parties in job documents: Job No. 
1651/Rev.1(2221), dated 31 March 2008;  and Job No. 8071/Rev.1(8407), dated 3 November 2008. 
40 GPA/ACC/CHN/2, dated 15 May 2008;  and GPA/ACC/CHN/7, dated 2 September 2008.  GPA/95 
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  Switzerland45, and the United States.46  In September, China indicated that it would submit an 
improved offer as soon as possible.  Parties express ed the hope that China would table an improved 
offer early in 2009. 
(b) Jordan 
 14. Discussions on Jordan's accession to the GPA were  held during the informal meetings of the 
Committee on 20 February, 29 May and 24 Septembe r 2008.  At the meeting of 24 September 2008, 
an updated third revised offer
47, revised list of non-sensitive procurements48 and revised version of 
Jordan's replies to the Checklist of Issues49 were circulated to all delegations.  In addition, Jordan 
referred to the efforts that were under way in its  capital to adapt its legislative framework and 
procurement systems to GPA requirements.  Parties expressed their appreciation for these efforts and 
their hopes that Jordan's accession mi ght be concluded early in 2009. 
 (c) Moldova 
 
15. Moldova's initial Appendix I offer and a revised set of replies to the Checklist of Issues 
providing details regarding its new national legislation on public procurement were circulated to 
Parties on 11 November 2008.50  Parties expressed appreciation for these inputs and looked forward to 
further developments concerning Moldova's accession in 2009.  Moldova indicated that it would send 
a capital-based delegation to the February 2009 meeting. 
 (d) Chinese Taipei 
 16. In the course of the informal sessions that took place on 24 September and on 
12 November 2008, hopes were expressed that the tim e might be ripe to conclude the process of 
Chinese Taipei's accession to the Agreement, regard ing which the substantive negotiations had been 
concluded several years previously.  Support was expr essed for efforts by the Ch airman to facilitate a 
resolution of outstanding issues of form regarding its accession.  On Friday, 28 November, at the 
request of the delegation of Chinese Taipei, the Secret ariat circulated the final offer of Chinese Taipei 
regarding its accession, together with a draft Committee decision on this matter (GPA/ACC/TPKM/1).  In the course of the Committ ee's formal meeting of 9 December 2008, the 
draft decision was adopted. 
 (e) Other pending accessions 
 17. At the informal meeting of the Committee on 12 November 2008, stock was taken of other 
pending applications on which no discussions have been  held for several years (in particular, those of 
Albania, Georgia, the Kyrgyz Republic, Oman and Pa nama) and the further set of Members that have 
commitments to seek accession to the GPA in thei r respective WTO accession protocols but have not 
yet initiated their applications (Armenia, Croa tia, the Former Yugoslav Republic of Macedonia, 
Mongolia, Saudi Arabia and the Ukraine
51).  Appreciation was expressed for efforts that had been 
                                                                                                                                                                     
41 GPA/ACC/CHN/6, dated 4 August 2008. 
42 GPA/ACC/CHN/10, dated 13 October 2008. 
43 GPA/ACC/CHN/4, dated 11 July 2008. 
44 GPA/ACC/CHN/9, dated 18 September 2008. 
45 GPA/ACC/CHN/5, dated 4 August 2008. 
46 GPA/ACC/CHN/3, dated 19 May 2008. 
47 Job No. 7455, dated 3 October 2008. 
48 Job No. 7543, dated 7 October 2008. 
49 GPA/ACC/JOR/10, dated 7 October 2008. 
50 GPA/ACC/MDA/2 and GPA/ACC/MDA/1, both dated 11 November 2008. 
51 The Ukraine joined the WTO only on 16 May 2008 and has a year to initiate its application. GPA/95 
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  made by the Chairman, on request by the Committe e, to establish contacts with these delegations.  
The Committee agreed to keep  these applications and accession commitments under review. 
V. NEGOTIATIONS 
18. Article XXIV:7(b) and (c) of the Agreement ca ll on the Parties to undertake negotiations, not 
later than the end of the third year from the date of  the Agreement's entry into  force, with a view to 
improving the Agreement and achieving the greatest possible extension of its coverage among all 
Parties and eliminating any remain ing discriminatory measures and pr actices.  In December 2006, the 
negotiators reached provisional agreement on a revised text of the Agreement
52, subject to a legal 
check and to a mutually satisfactory outcome on the coverage negotiations.53  Work on the legal check 
of Articles I through XXI of the revised GPA text was completed in 2007, subject only to outstanding 
issues in the Preamble and Article II:4 of the revi sed text and to the general understanding governing 
the negotiations that nothing will be consider ed finally agreed until everything is agreed. 
19. During the reporting period, Parties pursued  their negotiations on both coverage and 
text-related issues in informal sessi ons of the Committee held on 20 February, 29 May, 24 September, 
12 November and 9 December 2008.  With respect to  the negotiations on coverage, it is recalled that, 
prior to the reporting period, ten Parties had submi tted their initial offers:  Canada, the European 
Communities, Iceland, Israel, Japan, Korea, Norw ay, Singapore, Switzerland and the United States.  
In addition, Jordan and Chinese Taipei, which are also participating in th e coverage negotiations, 
confirmed in the course of the informal meeting held  in the week of 6 February 2006 that the offers 
that they have circulated to delegations in the course of their negotiations on accession to the current 
Agreement should also be considered as their offers  in the coverage negotiations.  As of the end of 
2007, four participants had submitte d revised offers in the negotiati ons:  Japan, Jordan, Korea and the 
United States. 
20. During the reporting period, the European Communities, Norway and Switzerland also 
submitted their respective revised offers in the cove rage negotiations.  In addition, Jordan submitted 
an updated third revised offer, which was circulated as an informal document, and an initial offer was 
circulated by the Netherlands with respect to Aruba.54  In the course of each of the meeting weeks, 
time was allotted for bilateral consultations am ong the Parties and the Committee held informal 
plurilateral discussions on coverage matters, to ta ke stock of the progress achieved in the bilateral 
consultations and to carry forward the di scussion of horizontal coverage issues. 
21. With regard to text-related issues, in the c ourse of each meeting week during the year, time 
was allotted for consideration of:  (i) Article XXII of the provisionally-agreed revised GPA text and 
related draft decisions and a protocol of amendmen t concerning the coming into force of the text;  
(ii) the verification of the linguistic equivalency of  the English, French and Spanish versions of the 
text;  and (iii) the development of the draft decisi ons on arbitration procedures and indicative criteria.  
As of the end of the year, the verification of the linguistic equivalency of the English, French and 
Spanish texts was close to completion.  Issues remain ed to be resolved regard ing Article XXII and the 
related texts, and significant work remained to be  done regarding the draft decisions on arbitration 
procedures and indicative criteria. 
__________ 
                                                      
52 GPA/W/297. 
53 GPA/89, dated 11 December 2006, para. 20. 
54 GPA/O/ABW/1, to be circulated.