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ITU-WTO WORKSHOP ON TELECOM & ICT REGULATION AGREEMENT ON GOVERNMENT PROCUREMENT (GPA) Roger Kampf WTO Secretariat Geneva, 2 December 2004 Government Procurement in General What Is “Government Procurement” ? Key elements (c.f. the definitions in Arts. III.8 and XVII of the GATT 1947 and Art. XIII.1 of the GATS): Procurement By governmental agencies Of products or services For governmental purposes (and not with a view to commercial resale or use in the production of goods for commercial sale) GP and General Policies Competition Maximization of competition Advantages: Better quality Lower prices Efficiency of public expenditure Preferential policies Reduction of competition Direct assistance to certain domestic enterprises/industries Types : Price preference margins, offsets, set-asides II. Overview of WTO Work in the field of Government Procurement Government Procurement and the Multilateral Trading System Government procurement historically excluded from key principles of multilateral trade agreements: - Goods (1947) : GATT Articles III:8 and XVII:2 - Services (1994) : GATS Article XIII:1 But growing awareness of (i) need to have sound national procurement systems in place, and (ii) trade restrictive effects of discriminatory procurement policies (such as preferences, offsets, set-asides) WTO Work on Government Procurement III. Plurilateral Agreement on Government Procurement (“GPA”) Nature and Membership Plurilateral - not all WTO Members bound 13 Members (counting EC with its 25 member States as one member) All traditional developed countries except Australia and New Zealand PLUS Israel; Hong Kong, China; Korea; Singapore Countries acceding to the WTO Regularly requested to seek accession to GPA as condition of accession to WTO Structure Text of Agreement : Article I - XXIV Appendix I Entities (Annexes 1 - 3) Services, construction services (Annexes 4-5) General Notes Appendix II to IV : Publications for Intended Procurement/