CELEX: 52013PC0142
Language: en
Date: 2013-03-22
Title: Proposal for a COUNCIL DECISION establishing the position to be taken by the European Union within the Committee on Government Procurement with respect to decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement

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		52013PC0142
		
			ANNEX to the Proposal for a COUNCIL DECISION establishing the position to be taken by the European Union within the Committee on Government Procurement with respect to decisions implementing certain provisions of the Protocol Amending the Agreement on Government Procurement /* COM/2013/0142 final - NLE 2013/0077 */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           BACKGROUND
The Agreement on Government Procurement
(GPA)[1]
is to date the only legally binding agreement in the WTO on the subject of
government procurement. Its present version was negotiated in parallel with the
Uruguay Round in 1994, and entered into force on 1 January 1996 (the "1994
GPA").
The Parties to the 1994 GPA are: Armenia, Canada, European Union with respect to its 27 Member States, Hong Kong-China, Iceland, Israel, Japan, Korea, Liechtenstein, the Netherlands with respect to Aruba, Norway, Singapore, Switzerland, Chinese Taipei, United States. The GPA is administered by the
Committee on Government Procurement (hereinafter the “Committee”).
The 1994 GPA has contain a built-in
commitment to negotiations on both the text and coverage of the Agreement since
its adoption in 1994 (Article XXIV:7(b)). Negotiations to that end were
launched in 1999.
Negotiations have been conducted by the
Commission on behalf of the EU. The Council was regularly informed orally and
in writing about the state of play of the negotiations via the Trade Policy
Committee. In addition, co-ordination meetings with Member States were held
prior to each negotiating session in Geneva. The European Parliament has been
informed regularly in writing via the INTA Committee.
On 30 March 2012 the negotiators adopted a Decision
on the Outcomes of the Negotiations whereby they adopted the elements of the
results of the negotiations (“Decision on the Outcomes of the Negotiations”)
consisting of: i) the Protocol amending the Agreement on Government Procurement
(hereinafter the "Protocol") and ii) seven Decisions (hereinafter
“the Decisions”) of the Committee. By means of the Decision on the Outcomes of
the Negotiations, the GPA Parties adopted the Protocol, and opened it for
acceptance by the Parties to the 1994 GPA. The Protocol will enter into force
for those Parties to the 1994 GPA that have deposited their respective
instruments of acceptance of this Protocol, on the 30th day
following such deposit by two thirds of the Parties to the 1994 GPA. Furthermore,
the Decision on the Outcomes of the Negotiations sets out the Decisions of the
Committee establishing future work programmes of the Committee and detailing
notification requirements pursuant to Articles XIX and XXII of the Agreement.
The Decisions form part of the negotiated package
and reflect the GPA Parties commitment to start implementing certain provisions
of the revised GPA, as soon as the Protocol enters into force.
In view of their substance it was not considered
appropriate to include the Decisions in the Protocol itself, thereby subjecting
them to the same amendment procedures. Nor was it possible to adopt them prior
to the entry into force of the provisions of the Protocol they would be
implementing. The GPA parties therefore reached an agreement on the substance
of the Decisions, which would have to be given effect at the first meeting of
the Committee following the entry into force of the Protocol, when the
Committee would take a decision confirming the political commitment to adopt
the decisions with an effect as of the date of entry into force of the
Protocol.
As both the Protocol and the Decisions are
the object of the agreement adopted in March 2012, they form part of the same
package for the purpose of the EU ratification of the GPA revision. As the Union will be required to take a position with regard to the Decisions at the first meeting
of the Committee following the entry into force of the Protocol, the Decisions are
subject to a different internal decision-making procedure than the Protocol.
Therefore a separate Council Decision is needed with regard to the Decisions, in
addition to the one concerning the conclusion of the Protocol. 
If the Council, after obtaining the consent
of the European Parliament, adopts a decision to conclude the Protocol Amending
the Agreement on Government Procurement on behalf of the European Union, the Union should be in a position to take a position with regard to the Decisions within the
Committee.
2.           THE OUTCOME OF THE
NEGOTIATION
The Decisions to
be adopted are the following:
i) Decision of
the Committee on Government Procurement on Notification requirements under
Article XIX and XXII of the Agreement: it aims at facilitating notification
requirements, by clarifying the modalities of notification by a Party with
regard to the changes to its laws and regulations and its list of entities.
ii) Decision of
the Committee on Government procurement on adoption of work programmes:
identifies some specific work programmes on which the Parties commit to conduct
future work.
iii) Decision of
the Committee on Government procurement on a Work programme on SMEs: sets out a
work programme on SMEs, aimed at facilitating SMEs participation in government
procurement, avoidance of discriminatory SMEs measures and increasing
transparency.
iv) Decision of
the Committee on Government Procurement on a work programme on collection and
reporting of statistical data: aims at facilitating the compliance with the
obligation to collect statistical data.
v) Decision of
the Committee on Government Procurement on a work programme on sustainable
procurement: sets out a work programme aimed at ensuring that sustainable procurement
policies are compatible with the principles of non-discrimination and transparency.
vi) Decision of
the Committee on Government Procurement on a work programme on exclusions and
restriction in parties’ Annexes: adopts a work programme aimed at progressively
reducing the exclusions and restrictions that the Parties have foreseen in
their Annexes.
vii) Decision on
a work programme on safety standards: adopts a work programme aimed at making
sure that public safety concerns are applied in a way not to create arbitrary
and unjustified discriminations or disguised restrictions.
In so far as
they facilitate the implementation of GPA principles and contribute to the
elimination of discriminatory practises, the adoption of the Decisions will
create a favourable environment for further openings of government procurement.
2013/0077 (NLE)
Proposal for a
COUNCIL DECISION
establishing the position to be taken by
the European Union within the Committee on Government Procurement with respect
to decisions implementing certain provisions of the Protocol Amending the
Agreement on Government Procurement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 207(4) first
subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       The negotiations on the revision
of the WTO Agreement on Government Procurement (GPA) were launched in January
1999, based on a commitment built-in to Article XXIV:7(b) of the GPA.
(2)       Negotiations have been
conducted by the Commission in consultation with the Committee established by
Article 207 of the Treaty on the Functioning of the European Union.
(3)       In the context of these
negotiations the negotiators reached on 30 March 2012 an agreement on a Protocol
Amending the Agreement on Government Procurement (“the Protocol”), as well as
on seven decisions to be adopted by the Committee on Government procurement that
would start the implementation of certain provisions of the Protocol
immediately upon its entry into force. These are the following: i) Decision of
the Committee on Government Procurement on Notification requirements under
Article XIX and XXII of the Agreement; ii) Decision of the Committee on
Government procurement on adoption of work programmes; iii) Decision of the
Committee on Government procurement on a Work programme on SMEs; iv) Decision
of the Committee on Government Procurement on a work programme on collection
and reporting of statistical data; v) Decision of the Committee on Government
Procurement on a work programme on sustainable procurement; vi) Decision of the
Committee on Government Procurement on a work programme on exclusions and
restriction in parties’ Annexes; vii) Decision on a work programme on safety
standards; (hereafter "the Decisions").
(4)       The agreement reached on 30
March 2012 would have to be given effect at the first meeting of the Committee
on Government Procurement following the entry into force of the Protocol. At
that meeting the Committee on Government Procurement will take a decision
confirming the adoption of these seven Decisions and their entry into force as
of the date of entry into force of the Protocol.
(5)       In so far as the Decisions
facilitate the implementation of principles of the Agreement on Government
Procurement as revised and contribute to the elimination of discriminatory
practises, the adoption of the Decisions will facilitate further openings of
government procurement.
(6)       It is appropriate,
therefore, to establish the position to be taken by the Commission on behalf of
the Union within the Committee on Government Procurement in relation to the
Decisions.
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the European
Union within the Committee on Government Procurement is to confirm the adoption
of the following: i) Decision of the Committee on Government Procurement on
Notification requirements under Article XIX and XXII of the Agreement; ii)
Decision of the Committee on Government procurement on adoption of work
programmes; iii) Decision of the Committee on Government procurement on a Work
programme on SMEs; iv) Decision of the Committee on Government Procurement on a
work programme on collection and reporting of statistical data; v) Decision of
the Committee on Government Procurement on a work programme on sustainable
procurement; vi) Decision of the Committee on Government Procurement on a work
programme on exclusions and restriction in parties’ Annexes; vii) Decision on a
work programme on safety standards; and agree to their entry into effect as of
the date of entry into force of the Protocol amending the Agreement on
Government Procurement.
This position shall be expressed by the
Commission.
The text of the Decisions is attached to
this Decision. 
Article 2
This Decision shall enter into force on the
day of its adoption.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               Official Journal J C256, 3.9. 1996 pag. 1.

ANNEX

Annex A  Decision of the Committee on Government
Procurement on Notification Requirements under Articles XIX and XXII  of the
Agreement 2
Annex B  Decision of the Committee on Government
Procurement  on Adoption of Work Programmes  4
Annex C  Decision of the Committee on Government
Procurement on a Work Programme on SMEs  5
Annex D  Decision of the Committee on Government
Procurement on a Work Programme on the Collection and Reporting of  Statistical
Data. 8
Annex E  Decision of the Committee on Government
Procurement on a Work Programme on Sustainable Procurement 10
Annex F  Decision of the Committee on Government
Procurement on a Work Programme on Exclusions and Restrictions in  Parties'
Annexes. 11
Annex G  Decision of the Committee on Government
Procurement on a Work Programme on Safety Standards in International
Procurement 13

Annex A
Decision of the Committee on Government Procurement on Notification
Requirements under Articles XIX and XXII 
of the Agreement

Decision
of 30 March 2012
The Committee on Government Procurement,
Considering the importance of
transparency of laws and regulations relevant to this Agreement, including
changes thereto as required by Article XXII:5 of the Agreement;
Considering also the importance of
maintaining accurate lists of entities covered under a Party's Annexes to
Appendix I of the Agreement, in accordance with Article XIX of the Agreement;
Acknowledging the challenges to Parties
of submitting timely notifications to the Committee of changes to their laws
and regulations relevant to the Agreement, as required by Article XXII:5 of the
Agreement, and of proposed rectifications to its Annexes to Appendix I, as
required by Article XIX:1 of the Agreement;
Considering that the provisions of
Article XIX of the Agreement distinguish between notifications of proposed
rectifications that do not change the mutually agreed coverage provided for in
the Agreement and other types of proposed modifications of its Annexes to
Appendix I;
Recognizing that technological changes
have allowed many Parties to make use of electronic means to provide
information on their government procurement regimes and to notify Parties of
changes to that regime;
Hereby decides as follows:
Annual Notifications of Changes in Laws
and Regulations
1.         Where
a Party maintains officially designated electronic media that provide links to
its current laws and regulations relevant to this Agreement and its laws and
regulations are available in one of the WTO official languages, and such media
are listed in Appendix II, the Party may fulfil the requirement in Article
XXII:5 by notifying the Committee annually, at the end of the year, of any
changes unless such changes are substantive, that is, they may affect the
Party's obligations under the Agreement;  and in such cases, a notification
shall be made immediately.
2.         The
Parties shall have an opportunity to discuss the annual notification of a Party
during the first informal meeting of the Committee in the following year.
Proposed Rectifications of a Party's
Annexes to Appendix 1
3.         The
following changes to a Party's Annexes to Appendix I shall be considered a
rectification under Article XIX of the Agreement:
(a)        a change in the name of an entity;
(b)        merger of two or more entities listed within an Annex; 
and
(c)        the
separation of an entity listed in an Annex into two or more entities that are
all added to the entities listed in the same Annex.
4.         In
the case of proposed rectifications to a Party's Annexes under Appendix I
covered under paragraph 3, the Party shall notify the Committee every two
years, commencing with the entry into force of the Protocol of Amendment to the
Existing (1994) Agreement.
5.         A
Party may notify the Committee of an objection to a proposed rectification
within 45 days from the date of the circulation to the Parties of the
notification.  In accordance with Article XIX:2, where a Party submits an
objection, it shall set out the reasons for the objection, including the
reasons why it believes the proposed rectification would affect the mutually
agreed coverage under the Agreement and therefore the proposed rectification is
not subject to paragraph 3.  If there is no written objection, the proposed
rectifications become effective 45 days after the circulation of the
notification, as provided for in Article XIX:5(a).
6.         Within
four years of the adoption of this Decision, the Parties shall review its
operation and effectiveness, and make any necessary adjustments.

Annex B
Decision of the Committee on Government Procurement
on Adoption of Work Programmes

Decision
of 30 March 2012
The Committee on
Government Procurement,
Noting that pursuant to Article XXII:8(b), the Committee may adopt a decision
listing additional work programmes, which the Committee shall undertake to
facilitate the implementation of the Agreement and the negotiations provided
for in Article XXII:7 of the Agreement;
Decides as
follows:
1.         The following work programmes
are added to the list of work programmes on which the Committee shall conduct
future work:
(a)        a review of the use, transparency and the legal
frameworks of public-private partnerships, and their relationship to covered
procurement;
(b)        the advantages and disadvantages of developing common
nomenclature for goods and services;  and
(c)        the advantages and disadvantages of developing
standardized notices.
2.         The Committee shall develop the
scope and timetable for each such work programme at a later date.
3.         The Committee shall periodically
review this list of programmes and make appropriate adjustments.

Annex C
Decision of the Committee on Government Procurement
on a Work Programme on SMEs

Decision
of 30 March 2012
The Committee on
Government Procurement,
Noting that Article XXII:8(a) of the Agreement on Government Procurement
(Agreement) provides that the Parties shall adopt and periodically review a
work programme, including a work programme on small and medium-sized
enterprises (SMEs);
Recognizing the importance of facilitating the participation of SMEs in
government procurement; and
Recognizing that Parties have agreed in Article XXII:6 to seek to avoid
introducing or continuing discriminatory measures that distort open procurement;
Hereby adopts the following work programme with respect to SMEs:
1.         Initiation of Work Programme
on SMEs:  At the first meeting of the Committee after the entry into force
of the Protocol of Amendment to the Existing (1994) Agreement, the Committee
shall initiate a Work Programme on SMEs.  The Committee shall review measures
and policies for SMEs that the Parties use to assist, promote, encourage, or
facilitate participation by SMEs in government procurement and prepare a report
of the results of the review.
2.         Avoidance of Discriminatory
SME Measures:  The Parties shall avoid introducing discriminatory measures
that favour only domestic SMEs and shall discourage the introduction of such
measures and policies by acceding Parties.
3.         Transparency Programme and
SME Survey
3.1        Transparency Programme
Upon entry into
force of the Protocol of Amendment to the Existing (1994) Agreement, the
Parties that maintain in their Appendix I specific provisions on SMEs,
including set-asides, shall notify the Committee of such measures and
policies.  The notification should include a full description of the measures
and policies, their relevant legal framework together with their operation and
the value of the procurement subject to such measures.  In addition, those
Parties shall notify the Committee of any substantial change in such measures
and policies, in accordance with Article XXII:5 of the Agreement.
3.2        SME Survey
(a)        The Committee shall survey the Parties, through the use
of a questionnaire seeking information regarding the measures and polices used
to assist, promote, encourage, or facilitate participation by SMEs in government
procurement.  The questionnaire should seek information from each Party
regarding:
(i)         a description of the measures and policies used by the
Party, including the economic, social, and other goals of the measures and
policies and how they are administered;
(ii)        how
the Party defines SMEs;
(iii)       the extent to which the Party has specialized agencies
or institutions to assist SMEs with respect to government procurement;
(iv)       the level of participation in government procurement in
terms of both value and number of contracts awarded to SMEs;
(v)        a description of SME subcontracting measures and
policies, including subcontracting goals, guarantees, and incentives;
(vi)       facilitation of SMEs participation in joint bidding (with
other large or small suppliers);
(vii)       measures and policies focused on providing opportunities
for SMEs to participate in government procurement (such as enhanced transparency and availability of government procurement
information to SMEs;  simplifying qualifications for
participation in tendering;  reducing contract sizes; 
and ensuring timely payments for deliveries of goods and services);  and
(viii)      the use of government procurement measures and policies
to stimulate SME innovation.
(b)        Compilation of SME Survey by WTO Secretariat:  The WTO Secretariat
shall fix a deadline for the transmission of the responses to the questionnaire
by all Parties to the WTO Secretariat.  Upon receipt of the responses, the
Secretariat shall prepare a compilation of the responses and circulate the responses
and the compilation to the Parties.  The Secretariat shall include a list of
Parties with outstanding responses.
(c)        Exchanges among Parties on Responses to SME
Questionnaires:  On the basis of the document prepared
by the WTO Secretariat, the Committee shall establish a period for the exchange
of questions, requests for additional information, and comments on the responses
of the other Parties.
4.         Assessment of the Results of
SME Survey and Implementation of Its Outcome
4.1        Assessment of the Results of SME
Survey
The Committee
shall identify the measures and policies that it considers
to be best practices for promoting and facilitating the
participation of SMEs of the Parties in government procurement and prepare a
report that includes the best practices of the measures and policies and a list
of the other measures.
4.2        Implementation of the Outcome
of the SME Survey
(a)        The Parties shall promote the adoption of the best
practices identified in the assessment of the survey to encourage and
facilitate participation of SMEs of the Parties in government procurement.
(b)        With respect to other measures, the Committee shall
encourage the Parties that maintain such measures to review them with a view to
eliminating them or applying them to the SMEs of the other Parties.  These
Parties shall inform the Committee about the outcome of the review.
(c)        The Parties that maintain other measures shall include the value of the procurement subject to such measures in the statistics that they submit to the Committee pursuant to
Article XVI:4 of the Agreement.
(d)        Parties may
request the inclusion of such other measures in future
negotiations under Article XXII:7 of the Agreement, and such requests shall be
favorably             considered by the Party maintaining such measures.
5.         Review
Two years after
the entry into force of the Protocol of Amendment to the Existing (1994)
Agreement, the Committee shall review the effect of the best practices on
expanding the participation of SMEs of the Parties in government procurement,
and consider whether other practices would further enhance participation by
SMEs.  It may also consider the effect of other measures on the participation
by SMEs of the other Parties in the government procurement of the Parties
maintaining such measures.

Annex D
Decision of the Committee on Government Procurement on a Work Programme on the
Collection and Reporting of 
Statistical Data

Decision
of 30 March 2012
The Committee
on Government Procurement,
Noting that Article XXII:8(a) of the Agreement on Government Procurement
(Agreement) provides that the Parties shall adopt and periodically review a
work programme, including a work programme on the collection and reporting of
statistical data;
Considering the importance of the collection and reporting of statistical data,
as required by Article XVI:4 of the Agreement on Government Procurement
(Agreement), in providing transparency of procurement covered under the
Agreement;
Considering
that statistical data that illustrate the extent to
which the Parties procure goods and services covered by the Agreement from
other Parties to the Agreement could be an important tool in encouraging other
WTO Members to accede to the Agreement;
Recognizing the overall challenges of Parties to the Agreement in collecting
data in the area of government procurement and in particular in determining the
country of origin of the goods and services that they procure under the
Agreement;  and
Recognizing
that Parties use different methodologies in their
collection of statistics to meet the reporting requirements in Article XVI:4 of
the Agreement, and may use different methodologies in the collection of data
for central government entities and sub-central government entities;
Hereby adopts the following work programme with respect to the collection
and reporting of statistical data:
1.         Initiation of Work Programme on
the Collection and Reporting of Statistical Data:  At
the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on the Collection and Reporting of Statistical Data.  The Committee shall review the collection and reporting of
statistical data by the Parties, consider the potential of harmonizing them,
and prepare a report of the results.
2.         Submission of Data by the
Parties:  The Committee shall agree on a date by which each Party
shall submit to the Committee the following information with respect to
statistical data on procurement covered by the Agreement:
(a)        a description of the methodology that it uses to collect,
evaluate, and report statistical data, above and below Agreement thresholds and
for procurement described in paragraph 4.2(c) of the SME Work Programme,
including whether it bases the data on procurement covered by the Agreement on
the full value of awarded contracts or the total expenditure for procurement in
a given time-frame;
(b)        whether the statistical data that it collects includes
the country of origin of the goods or services that are procured, and if so,
how it determines or estimates the country of origin, and the technical
impediments in collecting country of origin data;
(c)        an explanation of the classifications used in statistical
reports;  and
(d)        a description of the sources of data.
3.         Compilation of Submissions: 
The Secretariat shall prepare a compilation of the submissions and circulate
the submissions and the compilation to the Parties.  The Secretariat shall
include a list of Parties with outstanding submissions.
4.         Recommendations:  The Committee
shall review the submissions of the Parties and make recommendations on:
(a)        whether
the Parties should adopt a common method for collection of statistics;
(b)        whether the Parties are able to standardize the
classifications in the statistical data reported to the Committee;
(c)        means for facilitating the collection of country of
origin of goods and services covered by the Agreement;  and
(d)        other technical issues in government procurement data reporting
raised by any Party.
5.         The
Committee shall develop, as appropriate, recommendations relating to:
(a)        potential harmonization of statistical reporting with the
aim of including government procurement statistics in the annual reporting of
the WTO;
(b)        the Secretariat's provision of technical assistance
relating to statistical reporting to WTO Members that are in the process of
acceding to the Agreement;  and
(c)        means of ensuring that WTO Members that are acceding to
the Agreement have the appropriate means for complying with statistical data
collection and reporting requirements.
6.         Analysis of data:  The
Committee shall consider how the statistical data submitted
to the Secretariat annually by Parties may be used for further analyses to
facilitate greater understanding of the economic importance of the Agreement,
including the impact of thresholds on the performance of the Agreement.

Annex E
Decision of the Committee on Government Procurement
on a Work Programme on Sustainable Procurement

Decision
of 30 March 2012
The Committee on
Government Procurement,
Noting that Article XXII:8(a) of the Agreement on Government Procurement
(Agreement) provides that the Parties shall adopt and periodically review a
work programme, including a work programme on sustainable procurement;
Recognizing that several Parties have developed national and sub-national
sustainable procurement policies;
Affirming the importance of ensuring that all procurement is undertaken in
accordance with the principles of non-discrimination and transparency as
reflected in the Agreement;
Hereby adopts a work programme with respect to sustainable procurement:
1.         Initiation
of Work Programme on Sustainable Procurement:  At the first meeting of the Committee after the
entry into force of the Protocol of Amendment to the
Existing (1994) Agreement, the Committee shall initiate
a Work Programme on Sustainable Procurement.
2.         The work programme shall examine
topics that include:
(a)        the
objectives of sustainable procurement;
(b)        the ways in which the concept of sustainable procurement
is integrated into national and sub-national procurement policies;
(c)        the ways in which sustainable procurement can be
practiced in a manner consistent with the principle of "best value for
money";  and
(d)        the ways in which sustainable procurement can be
practiced in a manner consistent with Parties' international trade obligations.
3.         The Committee shall identify measures and policies that it considers
to be sustainable procurement practiced in a manner consistent with the
principle of "best value for money" and with Parties' international
trade obligations and prepare a
report that lists the best practices of the measures and policies.

Annex F
Decision of the Committee on Government Procurement on a Work Programme on
Exclusions and Restrictions in 
Parties' Annexes

Decision
of 30 March 2012
The Committee on
Government Procurement,
Noting that Article XXII:8(a) of the Agreement on Government Procurement
(Agreement) provides that the Parties shall adopt and periodically review a
work programme, including a work programme on exclusions and restrictions in
Parties' Annexes;
Recognizing that Parties have included exclusions and restrictions in their
respective Annexes to Appendix I of the Agreement (exclusions and
restrictions);
Recognizing the importance of transparent measures regarding government
procurement;  and
Considering the importance of progressively reducing and eliminating exclusions
and restrictions in future negotiations provided for in Article XXII:7 of the
Agreement;
Hereby adopts the following work programme with respect to exclusions and
restrictions in Parties' Annexes:
1.         Initiation of Work Programme
on Exclusions and Restrictions:  At the first meeting of the Committee
after the entry into force of the Protocol of Amendment to the Existing (1994)
Agreement, the Committee shall initiate a Work Programme on Exclusions and
Restrictions in Parties' Annexes with the objectives of:
(a)        enhancing transparency with respect to the scope and
effect of exclusions and restrictions specified in Parties' Annexes to Appendix
I to the Agreement;  and
(b)        providing information relating to exclusions and
restrictions to facilitate negotiations provided for in Article XXII:7 of the
Agreement.
2.         Transparency Programme: 
Each Party shall submit to the Committee, no later than six months following
the initiation of the Work Programme, a list of:
(a)        country specific exclusions it maintains in its Annexes
to Appendix I to the Agreement;  and
(b)        any other exclusion or restriction specified in its
Annexes to Appendix I to the Agreement that falls within the scope of Article
II:2(e) of the Agreement, except for exclusions or restrictions under review in
the Work Programme on SMEs or where a Party has a commitment to phase out an
exclusion or restriction in an Annex to Appendix I to the Agreement.
3.         Compilation of Submissions: 
The Secretariat shall prepare a compilation of the submissions and circulate
the submissions and the compilation to the Parties.  The Secretariat shall
include a list of Parties with outstanding submissions.
4.         Requests for Additional
Information:  Any Party may periodically request additional information
concerning any exclusion or restriction within the scope of paragraph 2(a) and
(b), including measures that fall within the scope of any exclusion or
restriction, their legal framework, implementation policies and practices and
the value of the procurement subject to such measures.  A Party receiving such
a request shall promptly provide the requested information.
5.         Compilation of Additional
Information:  The Secretariat shall prepare a compilation of the additional
information in respect of any Party and shall circulate it to the Parties.
6.         Review by the Committee: 
At the annual meeting provided for in Article XXI:3(a) of the Agreement, the Committee shall review the information submitted by Parties with
the view to determining whether it provides:
(a)        the fullest possible degree of transparency with respect
to the exclusions and restrictions specified in Parties' Annexes to Appendix I
to the Agreement;  and
(b)        satisfactory information to facilitate the negotiations
provided for in Article XXII:7 of the Agreement.
7.         New Party Acceding to the
Agreement:  A new Party that accedes to the Agreement shall submit to the
Committee the list in paragraph 2 within six months of its accession.

Annex G
Decision of the Committee on Government Procurement on a Work Programme on
Safety Standards in International Procurement

Decision
of 30 March 2012
The Committee on
Government Procurement,
Noting that Article XXII:8(a) of the Agreement on Government Procurement
(Agreement) provides that the Parties shall adopt and periodically review a work
programme, including a work programme on safety standards in international procurement;
Noting that Article X:1 of the Agreement provides that procuring entities
"shall not prepare, adopt or apply any technical specification with the
purpose or the effect of creating unnecessary obstacles to international
trade";
Noting that Article III:2(a) of the Agreement does not prevent Parties
from imposing or enforcing measures necessary to protect of public safety,
provided that such measures are not applied in a manner that would constitute a
means of arbitrary or unjustified discrimination or a disguised restriction on
international trade;
Recognizing the need for a balanced approach between
public safety and unnecessary obstacles to international trade;
Recognizing that diverging practices among the Parties as regards public safety
may have an adverse effect on the performance of the Agreement;
Hereby adopts the following work programme with respect to safety
standards:
1.         Initiation
of Work Programme on Safety Standards in International Procurement:  At the first meeting of the Committee
after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on Safety Standards
in International Procurement.
2.         The Work Programme shall examine
topics with the view to sharing best practices on items that include:
(a)        The manner in which public safety concerns are addressed
in legislation, regulations and practices of the Parties and guidelines
relating to the implementation of the Agreement by procuring entities;
(b)        The relationship between the technical specifications
provisions in Article X and protection of public safety in Article III of the
Agreement and in the Parties' Annexes to Appendix 1;
(c)        The best practices that may be adopted to protect public safety
in light of the provisions on technical specifications and tender documentation
in Article X.
3.         The Committee shall develop the
scope and timetable for the examination of each topic identified in paragraph
2.  The Committee shall prepare a report that summarizes the outcome of its
examination of these issues and lists the best practices identified in
paragraph 2(c).
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