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. By means of the Decision on the Outcomes of the Negotiations, the GPA Parties adopted the text of the Protocol and opened it for acceptance by the Parties to the 1994 GPA. On 30 March 2012 the GPA Parties reached a political agreement and adopted a Decision 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 (the "Protocol") and ii) seven Decisions of the Committee.
It stated that the revision should lead to an overall improvement of access to the procurement markets among GPA members, removing the existing imbalance. In February 2007, the Council underlined in its conclusion the importance of a successful and quick conclusion of the then on-going revision of the GPA. However, the agreement of the negotiators was provisional in that it was subject to mutually satisfactory outcome of the negotiation on the expansion of coverage (market access the coverage of the Agreement is determined with regard to each Party in Appendix I to the 1994 GPA). In December 2006, GPA Parties reached an understanding on the revision of the text of the 1994 GPA. The European Parliament has been informed regularly in writing via the INTA Committee. In addition, co-ordination meetings with Member States were held prior each negotiating session in Geneva. The Council was regularly informed orally and in writing about the state of play of the negotiations via the Trade Policy Committee. Negotiations have been conducted by the Commission.
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The purpose of the negotiations was three-fold: (i) to improve and update the 1994 GPA in the light of developments in information technology and procurement methods (ii) to extend the coverage of the 1994 GPA and (iii) to eliminate remaining discriminatory measures. Negotiations to that end were launched in 1999. The 1994 GPA has contained a built-in commitment to negotiations on both the text and coverage of the Agreement since its adoption in 1994 (Article XXIV:7(b)).
It is administered by the Committee on Government Procurement (the “Committee”). 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. 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 Agreement on Government Procurement (GPA) is to date the only legally binding agreement in the WTO on the subject of government procurement.
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