Introduction

This chapter of the book considers the ongoing negotiations on coverage under the 1994 Agreement on Government Procurement (GPA). The chapter is largely descriptive and procedural in nature, since the negotiations are ongoing and the contents of Parties' offers in the negotiations are (by intention) not publicly available. Nonetheless, information on a number of aspects of the negotiations is in the public domain, including information on the background of and context for the negotiations; the purpose and mandate of the negotiations as they are set out in the Agreement and related documents of the Committee on Government Procurement; the processes by which the negotiations have been conducted; and the current state of play. Such information provides valuable insights into the nature and scope of the negotiations, the issues at stake, and the prospects for conclusion of the negotiations.

The negotiations on coverage are a central part of the mandate for negotiations that is set out in Article XXIV.7 of the existing GPA. Specifically, Article XXIV.7(b) calls on the Parties, not later than the end of the third year from the date of entry into force of the Agreement, to undertake negotiations with a view to ‘achieving the greatest possible extension of its coverage among all Parties’. Article XXIV.7(c) directs Parties to avoid introducing or prolonging discriminatory measures and practices which distort open procurement and further stipulates that the negotiations under subparagraph (b) shall seek to eliminate remaining discriminatory measures and practices.