WORLD TRADE  
ORGANIZATION  GPA/106 
9 December 2010 
 
 (10-6657) 
  
  
 
REPORT (2010) OF THE COMMIT TEE ON GOVERNMENT PROCUREMENT 
 
 
I. GENERAL 
1. This report covers the period since the Committee's previous Annual Report
1, that is 
January – December 2010.  It is issued pursu ant to Article XXIV:7(a) of the Agreement on 
Government Procurement ("the Agreement" or "the  GPA").  An Addendum to the report may be 
issued if appropriate to reflect th e informal sessions that are expected  to continue through the next few 
days, or any related developments. 
2. Since the last Annual Report, the Committee has held four formal meetings:  on 10 February, 
3 March, and 7 and 9 December 2010.2  These meetings were chaired by Mr. Nicholas Niggli 
(Switzerland).3 
3. The Committee has also held a series of info rmal meetings, also chaired by Mr. Niggli, 
focusing on accessions to the Agre ement, the negotiations under Article XXIV:7 of the Agreement, 
and other matters, in the weeks beginning 8 February, 26 April, 12 July, 11 October and 
6 December 2010, respectively. 
4. The following WTO Members are covered by the Agreement:  Canada;  the European Union, 
including its 27 member States;  Hong Kong, China;  Ic eland;  Israel;  Japan;  Korea;  Liechtenstein;  
the Kingdom of the Netherlands with respect to Aruba;  Norway;  Singapore;  Switzerland;  
Chinese Taipei;  and the United States. 
5. Twenty-three WTO Members have observer status in the Committee on Government 
Procurement:  Albania, Argentina, Armenia4, Australia, Bahrain, Cameroon, Chile, China, Colombia, 
Croatia, Georgia, India5, Jordan, the Kyrgyz Republic, Moldova, Mongolia, New Zealand, Oman, 
Panama, Saudi Arabia, Sri Lanka, Turkey and Ukra ine.  Four intergovernmental organizations, 
namely the International Monetary Fund (IMF), In ternational Trade Centre, the Organization for 
Economic Co-operation and Development (OECD)  and UNCTAD, also have observer status. 
                                                      
1 GPA/103, GPA/103/Add.1 and GPA/103/Corr.1, dated 12 November, 10 December and 
11 December 2009, respectively. 
2 GPA/M/39, dated 29 March 2010;  GPA/M/40, dated 29 March 2010, GPA/M/41, to be issued;  and 
GPA/M/42, to be issued. 
3 At its meeting of 3 March 2010, the Committee re-e lected Mr. Nicholas Niggli (Switzerland) as its 
Chairman for 2010 (GPA/M/40, dated 29 March 2010, para. 5). 
4 In the course of the Committee's meeting on 7 December 2010, a Decision was taken to accept the 
accession to the Agreement by Armenia, on the basis of  terms that have been circulated (GPA/105, dated 
7 December 2010).  The Decision will ta ke effect upon the submission of Armenia's instrument of accession, 
pursuant to the terms of the Decision. 
5 Following India's request for observer status (GPA /W/311, dated 4 February 2010), India became an 
observer to the Agreement on 10 February 2010 (GPA/M/39, para. 5, dated 29 March 2010). GPA/106 
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  II. IMPLEMENTATION OF THE AGREEMENT AND NOTIFICATIONS 
A. 
THRESHOLDS  
6. In accordance with the Decision on Modalities for Notifying Threshold Figures in National 
Currencies6, since the last annual report, Canada;  the Eu ropean Union;  Hong Kong, China;  Israel;  
Japan;  the Netherlands with respect to Aruba;  Norway;  Singapore;  Switzerland;  and the 
United States have provided information on thei r respective threshold figures expressed in national 
currencies for 2010/2011/2012.7 
B. NOTIFICATION AND REVIEW OF NAT IONAL IMPLEMENTING LEGISLATION  
7. Pursuant to Article XXIV:5(b), notifications were received from Japan and the United States.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, the European Union h as notified its statistical report for 20079;  Hong Kong, 
China has notified its statistical reports for 2008 and 200910;  Japan has notified its statistical report 
for 200811;  Liechtenstein has notified its statistical report for 200912;  Norway has notified its 
statistical reports for 2006-200913;  Chinese Taipei has notified its statistical report for July to 
December 200914;  and the United States has notifie d its statistical report for 2008.15 
9. The European Union's statistical reports for 1996-2006, which were notified in July 2009 
were all circulated on 15 July 2010.16 
10. In April 2010, the GPA Parties established an  informal sub-body of the Committee to 
consider issues regarding the preparation and use of  statistical reports.  Subsequently, the sub-body 
held meetings, on the margins of the Committee's own meetings, in July and October 2010.  The 
sub-body is to keep the Committee informed of its work through regular debriefings. 
11. In July 2010, the Committee was informed by the Secretariat that a new system had been 
instituted whereby statistical reports supplied by  delegations will be quickly mounted on the WTO 
public website, in the format in which they are provided by delegations.  A one-page notification 
indicating the link at which a report can be found will be issued by the Secretariat to all GPA 
                                                      
6 GPA/1, dated 5 March 1996, Annex 3. 
7 GPA/W/309/Add.2, dated 21 December 2009;  GPA/W/309/Add.4 , dated 5 February 2010;  
GPA/W/309, dated 27 November 2009;  GPA/W/309/Add.6, dated 18 February 2010;  GPA/W/309/Add.5, dated 11 February 2010;  GPA/W/309/Add.8, dated 16 April 2010;  GPA/W/309/Add.7, dated 
19 February 2010;  GPA/W/309/Add.3, dated 4 January 2010;  GPA/W/309/Add.9, dated 5 July 2010;  and 
GPA/W/309/Add.1, dated 17 December 2009, respectively. 
8 Japan - GPA/37/Add.7, dated 6 July 2010 and GPA/99/Add.2, dated 31 May 2010;  and the United 
States – GPA/98/Add.1, dated 1 April 2010 and GPA/98/Add.2, dated 6 September 2010. 
9 GPA/94/Add.4, dated 15 July 2010. 
10 GPA/102/Add.1, dated 7 December 2009;  and GPA/104/Add.1, dated 7 October 2010. 
11 GPA/102/Add.2, dated 29 January 2010. 
12 GPA/104/Add.3, dated 28 October 2010. 
13 GPA/91/Add.5, GPA/94/Add.5, GPA/102/Add.4 and GPA/104, all dated 15 July 2010. 
14 GPA/104/Add.2, 25 October 2010. 
15 GPA/102/Add.3, dated 15 July 2010. 
16 GPA/21/Add.4, GPA/22/Add.6, GPA/29/Add.6, GPA/40/Add.6, GPA/62/Add.6, GPA/70/Add.6, 
GPA/76/Add.7, GPA/80/Add.7, GPA/84/Add.6, GPA/88/Add.5 and GPA/91/Add.4, all dated 15 July 2010.  GPA/106 
 Page 3 
 
 
  delegations.  The new system is expected to subs tantially facilitate the processing and dissemination 
of Parties' statistical reports. 
D. CONSULTATIONS AND DISPUTE SETTLEMENT  
12. No matters were raised during the reporti ng period under Article XXII of the Agreement on 
Government Procurement (Consulta tions and Dispute Settlement). 
E. MODIFICATIONS TO THE APPENDICES OF THE AGREEMENT  
1. Modifications that have been certified since the meeting of 9 December 2009 
13. During the reporting period, the following pro posed modifications have been certified: 
 (i) modification by Canada : 
 
  - GPA/MOD/CAN/1217, effective as of 19 March 201018, given that no 
 objections were made within 30 days; 
  (ii) modifications by the European Union
 concerning Latvia, Bulgaria and Luxembourg: 
 
  - GPA/MOD/EEC/7 and GPA/MOD/EEC/819, effective as of 
 11 November 201020, given that no objections were made within 30 days; 
   - GPA/MOD/EEC/9
21 effective as of 25 November 201022, given that no 
 objections were made within 30 days 
 
 (iii) modification by Hong Kong, China : 
   - GPA/MOD/HKG/4
23, effective as of 9 September 201024, given that no 
 objections were made within 30 days; 
 
 (iv) modifications by Japan : 
   - GPA/MOD/JPN/42
25, effective as of 2 March 201026, given that no 
 objections were made within 30 days; 
 
                                                      
17 Dated 18 February 2010. 
18 WT/Let/672, dated 7 April 2010. 
19 Dated 12 October 2010. 
20 WT/Let/745, dated 7 December 2010. 
21 Dated 26 October 2010. 
22 WT/Let/746, dated 7 December 2010. 
23 Dated 10 August 2010. 
24 WT/Let/683, dated 22 September 2010. 
25 Dated 1 February 2010. 
26 WT/Let/670, dated 19 March 2010. GPA/106 
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    - GPA/MOD/JPN/43
27, effective as of 24 June 201028, following an initial 
 objection from Canada29 and objection and questions from the United 
 States.30  Japan replied to the questions from the United States31 and both 
 Canada and the United States subse quently withdrew their objections.32 
 
  - GPA/MOD/JPN/46 and Corr.133, effective as of 29 April 201034, given that 
 no objections were made within 30 days; 
   - GPA/MOD/JPN/47
35, effective as of 13 May 201036, given that no 
 objections were made within 30 days; 
 
  - GPA/MOD/JPN/5037, effective as of 30 June 201038, given that no objections 
 were made within 30 days; 
   - GPA/MOD/JPN/51
39, effective as of 15 July 201040, given that no objections 
 were made within 30 days; 
   - GPA/MOD/JPN/52
41, effective as of 22 July 201042, given that no objections 
 were made within 30 days; 
  (v) modification by Korea
: 
 
  - GPA/MOD/KOR/1743, effective as of 13 October 201044, given that no 
 objections were made within 30 days; 
  (vi) modification by Switzerland
: 
 
  - GPA/MOD/CHE/145, effective as of 30 December 200946, given that no 
 objections were made within 30 days; 
 
                                                      
27 Dated 1 February 2010. 
28 WT/Let/676, dated 2 July 2010. 
29 GPA/MOD/JPN/44, dated 1 March 2010. 
30 GPA/MOD/JPN/45, dated 1 March 2010. 
31 GPA/MOD/JPN/48, dated 10 May 2010. 
32 GPA/MOD/JPN/53, dated 25 June 2010 and GPA/MOD/JPN/49, dated 17 May 2010, respectively. 
33 Dated 29 March 2010 and 30 March 2010, respectively. 
34 WT/Let/673, dated 6 May 2010. 
35 Dated 13 April 2010. 
36 WT/Let/674, dated 28 May 2010. 
37 Dated 31 May 2010. 
38 WT/Let/677, dated 12 July 2010. 
39 Dated 15 June 2010. 
40 WT/Let/680, dated 23 July 2010. 
41 Dated 22 June 2010. 
42 WT/Let/682, dated 28 July 2010. 
43 Dated 13 September 2010. 
44 WT/Let/685, dated 25 October 2010. 
45 Dated 1 December 2009. 
46 WT/Let/662, dated 12 January 2010.  GPA/106 
 Page 5 
 
 
   (vii) modifications by the United States : 
   - GPA/MOD/USA/7
47, effective as of 19 March 201048, given that no 
 objections were made within 30 days; 
 
  - GPA/MOD/USA/849, effective as of 26 May 201050, given that no 
 objections were made within 30 days. 
 
2. Proposed modifications that remain outstanding 
14. As to outstanding proposed modifications, th e following developments have taken place 
during the reporting period: 
 (i) Notification by Canada51: 
   There were no developmen ts during the reporting period.
52 
 
 (ii) Notifications by the European Union  concerning proposed modifications relating to 
Spain, Ireland, Sweden, France, Poland, the Czech Republic, Romania, Finland and 
Lithuania: 
   - In April and July 2010, the EU submitted communications
53 containing 
 proposed modifications to its Schedul es with regard to Spain and Ireland 
 pursuant to Article XXIV:6(a) of the Agreement on Government 
 Procurement.  Canada objected to both of these proposed modifications.54 
   - In November 2010, the EU submitted communications
55 containing proposed 
 modifications to its Schedules with regard to Sweden, France, Poland, the 
 Czech Republic, Romania, Finla nd and Lithuania pursuant to 
 Article XXIV:6(a) of the Agreem ent on Government Procurement. 
  (iii) Notifications by Japan
 concerning proposed modifications relating to: 
   - East Japan Railway Company, Central Japan Railway Company and West 
 Japan Railway Company56 
    No developments during the reporting period.
57 
                                                      
47 Dated 18 February 2010. 
48 WT/Let/672, 7 April 2010. 
49 Dated 26 April 2010. 
50 WT/Let/675, dated 3 June 2010. 
51 Originally submitted in December 2006 (GPA /MOD/CAN/1, dated 19 December 2006). 
52 For the last reported update regarding this proposed modification, see GPA/103, dated 12 November 
2009, paragraph 11(i). 
53 GPA/MOD/EEC/3, dated 29 April 2010;  and GPA/MOD/EEC/5, dated 8 July 2010. 
54 GPA/MOD/EEC/4, dated 27 May 2010;  and GPA/MOD/EEC/6, dated 2 August 2010. 
55 Sweden - GPA/MOD/EEC/10, dated 25 November 2010;  France - GPA/MOD/EEC/11, dated 7 
December 2010;  Poland – GPA/ MOD/EEC/12, dated 7 December 2010;  the Czech Republic – 
GPA/MOD/EEC/13, date d 7 December 2010;  Romania – GPA/MOD/EE C/14, still to be issued;  Finland – 
GPA/MOD/EEC/15, still to be issued;  and Lit huania – GPA/MOD/EEC/16, still to be issued. 
56 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. GPA/106 
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  - Railway Construction Public Cor poration and Corporation for Advanced 
 Transport and Technology58 
    In September 2010, Japan submitted a revision of its proposed modifications 
 to Appendix I previously notified in 2003, to make it clearer that these 
 modifications do not result in any ch ange in Japan's coverage under the 
 GPA.
59  A corrigendum to this document was also distributed.60  The EU and 
 the US submitted objections to this revised notification.61  Subsequently, the 
 US has withdrawn its objection to Japan's withdrawal of the Corporation for 
 Advanced Transport and Technology (CATT).62 
   - National Aerospace Laboratory
63 
    In November 2009, the EU provided follow-up questions which Japan 
 subsequently replied to in July 2010.
64  In November 2010, the United States 
 and the EU provided additional questions to Japan.65  In December 2010, 
 Japan responded to these additional qu estions from the United States and the 
 EU.66 
   - Japan Small and Medium Enterprise Corporation, Japan Regional 
 Development Corporation, Ur ban Development Corporation67 
    No developments during the reporting period.
68 
  (iv) Notifications by the United States
: 
 
  - In September 2001, the US notified pr oposed modifications to reflect changes 
 in the administrative structure of the Federal Government69, as regards the 
 Uranium Enrichment Corporation  
    No developments during the reporting period. 
 
  - In November 2010, the US notified proposed modifications to Annex 2 of 
 Appendix I.
70  The EU submitted its objection.71 
 
                                                                                                                                                                     
57 For the last reported update regarding this proposed modification, see GPA/89, dated 
11 December 2006, paragraph 13(i). 
58 GPA/W/272 and GPA/W/272/Rev.1, dated 23 September and 8 October 2003, respectively. 
59 GPA/MOD/JPN/55, dated 7 September 2010. 
60 GPA/MOD/JPN/55/Corr.1, dated 19 November 2010. 
61 GPA/MOD/JPN/56, dated 17 September 2010;  and GPA/MOD/JPN/57, dated 4 October 2010. 
62 GPA/MOD/JPN/59, dated 22 November 2010. 
63 GPA/W/275, dated 23 September 2003. 
64 GPA/MOD/JPN/41, dated 26 November 2009;  and GPA/MOD/JPN/54, dated 16 July 2010. 
65 GPA/MOD/JPN/58, dated 19 November 2010;  an d GPA/MOD/JPN/60, dated 30 November 2010. 
66 GPA/MOPD/JPN/61, dated 7 December 2010. 
67 GPA/MOD/JPN/7, dated 26 July 2004. 
68 For the last reported update regarding this proposed modification, see GPA/85, dated 
10 November 2005, para. 14(i). 
69 GPA/W/153, dated 25 September 2001. 
70 GPA/MOD/USA/9, dated 22 November 2010. 
71 GPA/MOD/USA/10, dated 30 November 2010.  GPA/106 
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  III. ACCESSIONS TO THE AGREEMENT 
15. Work on pending accessions to the Agreement on Government Procurement continued to be 
an important focus of the Committee during the re porting period.  Nine WTO Members are in the 
process of acceding to the Agreement on Government Procurement:  Albania, Armenia72, China, 
Georgia, Jordan, the Kyrgyz Republic, Moldova, Om an and Panama.  A further five WTO Members 
have provisions regarding accession to the Agreemen t in their respective Protocols of Accession to 
the WTO:  Croatia, the Former Yugoslav Repub lic of Macedonia, Mongolia, Saudi Arabia and 
Ukraine.  The following provides additional de tails regarding particular WTO Members whose 
accessions were the subject of substantive discu ssions or other developments during the year. 
 (a) Armenia 
 
16. Armenia's application for accession to the Ag reement and initial offer were formally 
circulated to the Committee on 4 September 2009.73  Substantive discussions on the offer took place 
in October and December of that year.74  Discussions regarding the proposed terms of Armenia's 
accession continued during the Committee's meetings he ld in the weeks of 8 February, 26 April, 
12 July and 11 October 2010.  These discussions addressed both Armenia's coverage offer as well as 
its legislation.  In addition, Armenia provided additional documentation with regard to its accession, 
notably on 8 February, 20 April, 6 July, 30 September and 8 November 2010.75  Throughout the 
discussions, Parties consistently expressed their a ppreciation to Armenia for the strength of its 
commitment, the high quality of its docume ntation and the substance of its offer. 
17. Further to the above, Armenia's Replies to  the Checklist of Issues for Provision of 
Information Relating to Accession to the Agreement (" Checklist of Issues") were circulated as part of 
its package of documentation in April 2010.76  Comments regarding Armenia's offer were circulated 
by Canada and the United States in May 2010.77  Armenia's replies to the comments and questions 
posed by Canada and the United States were circulated on 6 July 2010.78  Subsequently, follow-up 
questions and comments by Canada were circulated on 2 August 2010.79  Additional questions posed 
by the European Union regarding Armenia's legi slation were circulated on 7 October 2010 and 
additionally on 21 October 2010.80  In October 2010, the Committee r esolved the final details of the 
process to be followed regarding the coming into force of the Agreement for Armenia, based on a 
draft decision that had been circulated and rela ted comments.  Also in October, the Chairman 
confirmed that the negotiations between Armenia a nd the Parties regarding its coverage offer had 
been concluded. 
                                                      
72 See paras. 16-20 of this report. 
73 GPA/ACC/ARM/1, dated 4 September 2009. 
74 See Report (2009) of the Committee on Government Procurement to the General Council (GPA/103, 
dated 12 November 2009), para. 18. 
75 GPA/ACC/ARM/2, dated 20 April 2010;  GPA/ACC/ARM/3, dated 20 April 2010;  
GPA/ACC/ARM/Rev.1, dated 6 July 2010;  GPA/ACC/ARM/8, dated 30 September 2010;  and 
GPA/ACC/ARM/11, dated 8 November 2010. 
76 GPA/ACC/ARM/3, dated 20 April 2010. 
77 GPA/ACC/ARM/4, dated 17 May 2010;  and GPA/ACC/ARM/5, dated 21 May 2010. 
78 GPA/ACC/ARM/6, dated 6 July 2010. 
79 GPA/ACC/ARM/7, dated 2 August 2010. 
80 GPA/ACC/ARM/9, dated 7 October 2010;  and GPA/ACC/ARM/10, dated 21 October 2010. GPA/106 
Page 8  
 
  18. In November 2010, Armenia circulated its fina l offer and revised draft Law on Procurement, 
together with the terms agreed with regard to the coming into force of the Ag reement for it in the form 
of a draft Committee decision.
81  It confirmed that all comments that it had received had been 
reflected in its final offer and in the final version of the draft Law. 
19. In the course of its meeting on 7 Dece mber 2010, the Committee on Government 
Procurement adopted a Decision inviting Armenia to accede to the Agreement on the terms that have 
been agreed.82  The Decision provides a three-month peri od for Armenia to submit its instrument of 
accession following confirmation by th e Committee that its national legislation, which is to be 
adopted by its Parliament, meets the requirement of  GPA conformity.  As determined by Parties, it 
provides an opportunity for the review of Armenia' s final legislative packag e by the Committee when 
it is available, and before the Agreement would come into force for Armenia, in order for the 
Committee to verify full compliance by Armenia with the requirement of GPA conformity of its national legislation. 
20. Subsequent to the taking of the Decision, Mr . Pascal Lamy, Director-General of the WTO, 
made a statement congratulating Armenia and than king the Chairman and the Committee for their 
work in support of Armenia's accession.  The Chairm an, Mr. Niggli, also congratulated Armenia for 
the successful conclusion of its accession negotiatio ns, and thanked the Secretariat for its support 
throughout the process.  Delegations warmly welcomed  Armenia as the next full-fledged GPA Party.  
Armenia itself expressed appreciation for the support that it had received during the accession process, noting the contribution of SIGMA in addition to the Chairman, Parties and the Secretariat.  
The Committee considers Armenia's accession to be a very significant development that has clearly 
shown the relevance of the Agreement for transition economies. 
 (b) China 
 21. China applied for accession to the GPA on 28 December 2007 and its initial offer was 
circulated to Parties on 7 January 2008.
83  Subsequently, in Septembe r 2008, it submitted its Replies 
to the Checklist of Issues.84  Discussions dedicated to China's accession took place at various times 
during 200885 and 2009.86  These discussions built on requests for improvements in China's offer that 
had been received from various Parties.87  They also took account of questions regarding China's 
Replies to the Checklist of Issues submitted by Parties88, and China's responses to these questions.89  
In October 2009, China submitted a progress report re garding its accession.  In accordance with a 
                                                      
81 GPA/ACC/ARM/11, dated 8 November 2010. 
82 GPA/105, dated 7 December 2010. 
83 GPA/ACC/CHN/1, dated 7 January 2008;  and GPA/93, dated 14 January 2008. 
84 GPA/ACC/CHN/8, dated 16 September 2008. 
85 See Report (2008) of the Committee on Government Procurement to the General Council (GPA/95, 
dated 9 December 2008). 
86 See Report (2009) of the Committee on Government Procurement to the General Council (GPA/103, 
dated 12 November 2009). 
87 Canada - GPA/ACC/CHN/2, dated 15 May 2008 and GPA/ACC/CHN/7, dated 2 September 2008;  
the EU - GPA/ACC/CHN/6, dated 4 August 2008;  Japan - GPA/ACC/CHN/10, dated 13 October 2008;  Korea - GPA/ACC/CHN/4, dated 11 July 2008;  Norway - GPA/ACC/CHN/9, dated 18 September 2008;  Switzerland 
- GPA/ACC/CHN/5, dated 4 August 2008;  the United States - GPA/ACC/CHN/3, dated 19 May 2008. 
88 Japan - GPA/ACC/CHN/11, dated 29 January 2009;  and Canada - GPA/ACC/CHN/12, dated 
17 February 2009. 
89 GPA/ACC/CHN/13 and 14, both dated 5 October 2009.  GPA/106 
 Page 9 
 
 
  roadmap outlined as part of that report, it undertook  to provide a revised coverage offer as soon as 
possible in 2010.90 
22. During the reporting period, discussions on China' s accession continued with full engagement 
by both China and Parties.  In April 2010, the United States submitted questions regarding China's 
Replies to the Checklist of Issues.91  China's replies to the questions  posed by the United States were 
circulated in October 2010.92  At the April 2010 meeting, China reaffirmed its commitment to submit 
a revised offer before the next session of th e GPA Committee scheduled for July 2010, while 
reiterating the challenges that it continued to face with regard to the revision of its initial offer.  On 
9 July 2010, China submitted its revised offer.93  All Parties expressed their appreciation for the 
revised offer.  Subsequently, Japan94, Canada95, and Switzerland96, submitted comments and questions 
regarding the offer.  In September 2010, a request  was circulated by the United States for further 
improvements in China's offer was circulated.97 
23. In the course of the meetings held in July  and October 2010, Parties expressed their strong 
appreciation for the improvements contained in Ch ina's revised offer and for the commitment that 
China continues to show to its accession process.  They also noted that significant further work 
remained to be done before the conclusion of Ch ina's accession could be foreseen.  A time-frame of 
June 2011 was proposed for China to provide a furt her enhanced coverage offer incorporating both 
sub-central government entities and State-Owned Enterprises, taking into account China's own 
commitments in the roadmap that it presented in Oc tober 2009.  With regard to the legislative 
framework for government procurement in China, Parties continued to express concerns regarding 
aspects of China's regulations, notably, its Indige nous Innovation Initiative.  They reiterated the 
importance that they attached to China's con tinual progress toward conformity of its national 
legislation with the requirements of the GPA. 
24. In the course of the year, China also received technical assistance from various Parties and the 
WTO Secretariat, including a two-day seminar orga nized for sub-central government officials in 
Shanghai in October and a related semina r for senior policy officials in Beijing. 
25. The Committee considers China's GPA accession, on the appropriate terms, to be a matter of 
tremendous significance for the Agreement and for the world economy, and a very important signal 
for other emerging economies.  It looks forward to continued progress on this matter in 2011. 
 (c) Jordan 
 26. Negotiations regarding Jordan's accession to the Agreement continued through 2009
98 and 
during the current reporting period.  In July 2010, Jordan submitted an informal revised entity offer.  
Subsequently, comments on Jordan's informal revi sed offer were circulated by the United States99, 
                                                      
90 For further details of developments regarding China's accession in 2009, see Report (2009) of the 
Committee on Government Procurement to the General Council (GPA/103, dated 12 November 2009, paras. 15-17). 
91 GPA/ACC/CHN/15, dated 13 April 2010. 
92 GPA/ACC/CHN/21, dated 11 October 2010. 
93 GPA/ACC/CHN/16, dated 9 July 2010. 
94 GPA/ACC/CHN/17, dated 16 September 2010. 
95 GPA/ACC/CHN/18, dated 21 September 2010. 
96 GPA/ACC/CHN/20, dated 7 October 2010. 
97 GPA/ACC/CHN/19, dated 30 September 2010. 
98 See Report (2009) of the Committee on Government Procurement to the General Council (GPA/103, 
dated 12 November 2009). 
99 GPA/ACC/JOR/11, dated 6 August 2010. GPA/106 
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  Canada
100, Singapore101, and Japan.102  At the 9 December 2010 formal meeting, Jordan indicated that 
it will provide its responses to these comments very soon.  The informal revised offer was generally 
well received by Parties.  Nonetheless, some Parties considered that further work needed to be done, 
notably with regard to the package of transitiona l measures that was sought by Jordan, the cumulative 
effect of which they considered n eeded further careful review.  Par ties also referred to the need for 
additional work regarding Jordan's procurement legi slation.  In the course of the meeting held in 
October 2010, Jordan expressed some frustration with regard to the length of time that its accession 
process was taking, and with new demands from some Pa rties at what it considered to be an advanced 
stage of its process.  Jordan's ac cession will mark a very important milestone for the Agreement, and 
the Committee looks forward to a successful conclusion of the negotiation in 2011. 
 (d) Moldova 
 27. During the reporting period, substantive work on the accession of Moldova in the Committee 
remained on hold.  Nonetheless, Moldova con tinued to signal its ongoing interest in accession, 
through the Chairman and the Secretariat.  In Ap ril, it provided replies to questions from Canada 
regarding its revised replies to the Checklist of Issues.
103  Furthermore, also in April, at the request of 
Moldova, the Secretariat presented, in Moldova's capital, a national seminar on the Agreement and on 
Moldova's accession process.  The Committee looks fo rward to a resumption of substantive work on 
the accession of Moldova when this becomes possible. 
 (e) Other pending accessions 
 
28. In the course of the year, the Committee also ke pt under review the situation regarding other 
pending accessions and accession commitments. 
 (f) Secretariat technical assistance activities relevant to accessions to the Agreement 
 29. During the reporting period the Secretariat orga nized and delivered a number of technical 
cooperation activities potentially relevant to acces sions to the Agreement.   These comprised a 
Symposium focused on the revised Agreement in Gene va in February;  two major regional workshops 
on the Agreement and on the significance of government procurement for development (for Francophone African countries and Latin American count ries, respectively);  a series of four national 
seminars for India, held in Delhi, Mumbai, Chennai and Kolkata;  and separate seminars or workshops for China, Colombia and Moldova, r espectively.  Outstanding requests for national 
seminars have been received from Georgia, Mongolia and Saudi Arabia.  To the extent possible, they 
will be included in the Secretariat's 2011 programme of activities. 
30. In the course of the meetings held in July, Oc tober and December 2010, at the request of the 
Committee, the Secretariat provided brief reports  on its recent and planned technical assistance 
activities.  In its reports, the Secretariat noted wh at appeared to be increasing awareness, in diverse 
parts of the developing and transition econom y worlds, of the significance of government 
procurement for trade and development.  In that context, there appeared to be a greater willingness 
than in the past to consider objectively the poten tial benefits as well as the costs for developing and 
transition economies of GPA accession.  This pote ntially opened the door to a series of future 
accessions involving WTO Members from diverse regions  of the world.  To a large extent, however, 
this potential interest in accession is linked to the pr ospect of bringing into force the revised GPA text.  
                                                     
 
100 GPA/ACC/JOR/12, dated 20 September 2010;  and GPA/ACC/JOR/14, dated 16 November 2010. 
101 GPA/ACC/JOR/13, dated 15 November 2010. 
102 GPA/ACC/JOR/15, dated 22 November 2010. 
103 GPA/ACC/MDA/4, 16 April 2010.  GPA/106 
 Page 11 
 
 
  Parties expressed appreciation for the Secretariat's efforts, and asked to receive such reports on a 
continuing basis. 
IV. NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE AGREEMENT 
31. Article XXIV:7(b) and (c) of the Agreement call for the Parties to undertake negotiations with 
a view to improving the Agreement and achieving the greatest possible extension of its coverage 
among all Parties, and eliminating any remaini ng discriminatory measures and practices.  The 
negotiations commenced in 1997 and have been ongoi ng since.  In December 2006, the negotiators 
reached provisional agreement on a revised text of the Agreement104, subject to:  (i) a legal check;  
(ii) a mutually satisfactory outcome on the covera ge negotiations;  and (iii)  the general understanding 
governing the negotiations that nothi ng will be considered finally agreed until everything is agreed.105  
Work on the legal check of Articles I through XXI  of the revised GPA text was substantially 
completed in 2007.  Article XXII (Final Provisions) and related draft decisions regarding the coming 
into force of the revised agreem ent remain to be finalized, although substantial progress has been 
made during the review period in streamlining the text and clarifying relevant options. 
32. With regard to the coverage-re lated aspects of the negotiations , modalities for the negotiations 
were adopted in 2004106, and negotiations have been under way sinc e that time.  As of the end of the 
previous reporting period (2009), initial offers  had been circulated by all but two GPA Parties, the 
latter being Hong Kong, China;  a nd Liechtenstein.  Subsequently, th e initial offer of Liechtenstein 
was provided to the Committee in June 2010.107  Jordan, an acceding Member that is also participating 
in the coverage negotiations108, confirmed in 2006 that the offers th at it had circulated to delegations 
in the course of its negotiations on accession to the current Agreement should also be considered as 
offers in the coverage negotiations .  With regard to revised offers , by the end of 2009 these had been 
circulated by eight delegations as of the end of th e previous reporting period, namely:  the European 
Union;  Japan;  Jordan;  Korea;  Norway;  Singapore;  Switzerland;  and the United States.109 
33. During the present reporting period, Parties pursu ed their negotiations with renewed vigour 
and determination.  Discussions rela ted to the negotiations took place in  a series of informal meetings 
held in the weeks beginning 8 February, 26 April, 12 July, 11 October and 6 December 2010.  In the 
course of each of these weeks, time was allotted for both bilateral consultations between Parties and 
for informal plurilateral discussions on these issues.  Progress was facilitated by: 
 - the tabling of further offers and revised offers by a number of Parties, including (in 
the period through November 2010) Canada, th e United States, Liechtenstein, Japan 
and Israel and, in the run-up to the Dece mber informal sessions, the United States, 
Liechtenstein, Canada, Korea, Japan and Singa pore (all offers are cited in the order in 
which they were provided);  and 
  - the unconditional support expressed by all Parties for a "Roadmap" for conclusion of 
the negotiations that was tabled by th e Chairman initially in March 2010 and 
subsequently, in a revised form, in April 2010.  The Roadmap provides for 
consideration, in parallel fashion throughout  the year, of four main work elements, 
namely:  (i) coverage;  (ii) text;  (iii) ne w vs. amended agreement;  and (iv) the future 
                                                     
 
104 GPA/W/297, dated 11 December 2006. 
105 GPA/89, dated 11 December 2006, para. 20. 
106 Modalities for the negotiations on coverage are set out in GPA/79, dated 19 July 2004. 
107 GPA/O/LIE/1, dated 25 June 2010. 
108 As noted above, Jordan is in  the process of negotiating its accession to the Agreement. 
109 For further details of the negotiations during the previous reporting period, see Report (2009) of the 
Committee on Government Procurement to the General Council (GPA/103, dated 12 November 2009, 
paras. 24-30). GPA/106 
Page 12  
 
  work programme of the Committee.  The overriding purpose of the Roadmap is to 
ensure that all the issues before the Committee in the negotiations receive due 
attention on a continuing basis throughout the year. 
 34. With a view to facilitating renewed progress in the coverage negotiations, in December 2009, 
the Secretariat was asked by Parties to prepare a "Mid-Term Review" on the basis of terms of 
reference circulated for that purpose.
110  The purpose of the review was to facilitate renewed progress 
in the coverage negotiations, by clarifying the scope of the offers that were on the table and, where 
possible, eliminating misunderstandings as to what w as and what was not covered in the offers.  The 
draft review was discussed in  the informal session on coverage issues that took place on 
10 February 2010.  Subsequently, on 19 April 2010, an "End-of-Term Review" incorporating 
comments by delegations and later o ffers that had been tabled was circulated by the Secretariat. 
35. As foreseen in the Chairman's Roadmap, during the year, reference was also made to the set 
of "horizontal coverage issues" for considerati on in the negotiations (see attachment).  In 
October 2010, consideration was given to the possi bility of carrying over into the future work 
programme of the Committee issues that cannot be reso lved in the context of the current negotiations.  
In this context, an initial discussion was held, during the October meeting, on a proposal by 
Switzerland aimed at addressing issues concerning th e participation of small and medium-sized or 
minority businesses or enterprises in covered procurem ent markets, and other issues.  A number of 
other possible issues were mentioned for possible incl usion in the future work programme, including:  
public-private partnerships, green procurement, so cial policy considerations, uniform nomenclature 
and notifications. 
36. With reference to the draft decisions on arbitration procedures and indicative criteria, brief 
discussions were held in the Committee on these issues during the meetings in February and April.  In 
the course of the informal sessions held in Oc tober, significant progress was made on the draft 
decision on indicative criteria based on a joint pro posal by Canada, Japan and the United States. 
37. Based on the progress achieved to date in the year and in accordance with the Chairman's 
Roadmap, the Committee looks forward to a success ful conclusion of all aspects of the negotiations 
early in 2011. 
                                                      
110 GPA/W/310, dated 22 December 2009.  GPA/106 
 Page 13 
 
 
   
ATTACHMENT 
 
HORIZONTAL MARKET ACCESS-RELATED MATTERS TO BE 
NEGOTIATED IN THE COMMITTEE AS A WHOLE UNDER 
THE DECISIONS ON MODALITIES1 
   (1) Level of thresholds and their possible harmonization;  
 (2) coverage of software; 
  (3) the proposed goods Annex;   (4) whether there should be a uniform level of coverage of the entities covered by the 
Agreement; 
  (5) whether Annex 1 should follow a positive or  negative list approach, or be based on a 
generic description; 
  (6) whether there should be greater harmoni zation of the way entities are described, in 
particular whether Annexes 2 and 3 should be  structured on the basis of categories of 
entities, for example as defined in the legislation of individual Parties, or in terms of lists of individual entities; 
  (7) whether, in regard to services coverage  in Annexes 4 and 5, further commonality of 
presentation is desirable and feasible, taking into account coverage and commitments 
under the GATS; 
  (8) whether the General Note s in the Annexes can be simplified and made more easily 
understandable; 
 
 (9) modifications to the structure and content of Annexes in Appendix I; 
  (10) uniform description of entities in Annexes 1-3;  and   (11) the treatment of small and medium-sized enterprises (SMEs). 
 
__________ 
                                                     
 
1 This is a modified version of the list of horizontal coverage matters included in the Decision on 
negotiating modalities (GPA/79, dated 19 July 2004).  It  takes account of suggestions made in subsequent 
informal plurilateral discussions.