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THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT GPA The revision of the WTO GPA : The regulatory Part New GPA Text- Decembe

2. Outline. General PrinciplesNew developments arising from the negotiations. 3. A. General principles. . 4. A1 GPA: Non Discrimination. Applies only to covered procurements Limited to Parties to the GPA For practical purposes, national treatment is key (role of MFN limited in the GPA)Require

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THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT GPA The revision of the WTO GPA : The regulatory Part New GPA Text- Decembe

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    1. 1 THE WTO AGREEMENT ON GOVERNMENT PROCUREMENT (GPA) The revision of the WTO GPA : The regulatory Part (New GPA Text- December 2006) Elies Messaoudi – Tapei 11 June 2008 European Commission, Directorate General for Internal Market & Services

    2. 2 Outline General Principles New developments arising from the negotiations

    3. 3 A. General principles

    4. 4 A1 GPA: Non Discrimination Applies only to covered procurements Limited to Parties to the GPA For practical purposes, national treatment is key (role of MFN limited in the GPA) Requires treatment of other Parties’ products, services and suppliers that is “no less favorable than” that accorded to domestic products, services and suppliers. Also requires non-discrimination against locally-based suppliers on the basis of foreign affiliation

    5. 5 A2 GPA: Transparency and Competition Transparency of government procurement regime transparency of information accessibility to public, interested suppliers predictability of bidding environment Effective competition maximum competition; opportunities for new suppliers use of appropriate procurement procedure cost-effective bidding and procurement processes transparency, objectivity, of evaluation criteria & process

    6. 6 B. Main Developments arising from the revised text provisionally agreed in December 2006

    7. 7 B1 new developments (1) Restructuring of text the Agreement to follow logical procurement process new definition and scope New provisions, flexibilities regarding grounds for exclusions choice of procurement procedure procurement of commercial goods and services technical specifications and tender documentation Conditions for participation requirement of relevant prior experience.... [new] provision for registration systems [new] multi-use lists (previously ‘permanent lists’)

    8. 8 B2 new developments (2) Use of electronic means, electronic auctions [new] systems used to be ‘generally available’ mechanisms to ensure integrity, prevent inappropriate access traceability of the conduct of the covered procurement prior provision to participants of ‘automatic evaluation method’ (electronic auctions) Time-periods – possible reduction: when using electronic means [new] when procuring commercial goods and services [new]

    9. 9 B3 new developments (3) Developing countries less than full reciprocity Developing countries – transitional measures prohibition of offsets: retention of exemption flexibility? price preferences [new] initial higher thresholds [new] implementation periods [new]

    10. 10 B4 new developments (4) Provisions on remedies Provisions on modifications to coverage Provision on Dispute settlement

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