Notification requirements

This section of the Handbook on Notification Requirements covers the notification obligations under the AGREEMENT ON GOVERNMENT PROCUREMENT 2012 (GPA 2012). It consists of the following five parts:

PART 1 | OVERVIEW OF NOTIFICATION REQUIREMENTS
PART 2 | LISTING OF THE NOTIFICATION OBLIGATIONS
PART 3 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS
PART 4 | LIST OF NOTIFICATIONS SINCE 2014
PART 5 | TEXT OF THE LEGAL PROVISIONS

PART 1 | OVERVIEW OF NOTIFICATION REQUIREMENTS

INTRODUCTION

This section provides an overview of notification requirements arising from the Agreement on Government Procurement (GPA 2012). The GPA was revised on 30 April 2012 and entered into force on 6 April 2014. The GPA 2012 is composed of the text of the Agreement; Parties' market access schedules of commitments (Appendix I); and Parties' electronic and media sources of procurement information (Appendices II-IV). In addition to the Agreement and its Appendices, the Decision of the Committee on Government Procurement regarding the results of the GPA revision (GPA/113, dated 2 April 2012) includes a set of relevant Decisions. It should be noted as well that a separate electronic notification platform is being implemented. Additional information on related developments will be provided in due course.

WHAT MUST BE NOTIFIED?

The Agreement on Government Procurement 2012 (GPA 2012) and various decisions by the Committee on Government Procurement (CGP)¹ set out Parties' notification obligations in detail. These include:

• Notification of any changes to procurement laws and regulations;²
• Notification of statistics in relation to procurements covered by the Agreement;³
• Notification of thresholds in national currencies;⁴
• Notification of modifications to schedules;⁵ and
• Notification of media for the publication of procurement-related information.⁶

WHICH MEMBERS MUST NOTIFY?

All Parties to the GPA. The GPA is a plurilateral agreement, which means it is binding only on those WTO Members who are Party to it and have therefore accepted to be bound by it. At present, it has 19 Parties, which together cover 47 WTO Members.⁷

WHEN TO NOTIFY?

Notifications of statistics in relation to procurements covered by the Agreement are provided on an annual basis within two years from the end of the reporting period; and notifications of thresholds in national currencies are provided every two years. Other notifications are made on an ad hoc basis.

HOW TO NOTIFY?⁸

For additional information see GPA Notifications webpage. Please also contact the WTO Secretariat for further guidance/examples of relevant notifications (email: GPA@wto.org).

PART 2 | LISTING OF THE NOTIFICATION OBLIGATIONS

PART 3 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS

For additional information see GPA Notifications webpage. Please also contact the WTO Secretariat for further guidance/examples of relevant notifications (email: GPA@wto.org).

PART 4 | LIST OF NOTIFICATIONS SINCE 2014

The Secretariat's Systemic Compilation of Notifications under the GPA 2012 (GPA/S/3).

List of notifications of changes to procurement laws and regulations under Article XXII:5 of the GPA 2012 and the Decision on Notification Requirements under Articles XIX And XXII of the Agreement (GPA/113, Annex A). See also GPA Notifications webpage.

List of notifications of statistics under Article XVI:4 of the revised GPA. See also GPA Notifications webpage.

List of notifications of thresholds in national currency under the Decision on Modalities for Notifying Threshold Figures in National Currencies (GPA/1, Annex 3) is available in the e-GPA and in Documents Online. See also GPA Notifications webpage.

List of notifications of modifications to market access commitments under Article XIX of the GPA 2012 and the Decision on Notification Requirements under Articles XIX And XXII of the Agreement (GPA/113, Annex A). Notifications related to the modification of schedules are restricted documents and accessible to the governments of GPA Parties and observers only before relevant modifications are certified. Relevant notifications are accessible from the e-GPA portal.

List of notifications of modifications of information on the media for the publication of procurement-related information under Article VI:3 with regard to modifications to Appendix II; Appendix III; Appendix IV. The information provided by Parties is available in the e-GPA portal.

PART 5 | TEXT OF THE LEGAL PROVISIONS

The revised Agreement on Government Procurement, including the Decision of the Committee on Government Procurement on Notification Requirements under Articles XIX and XXII of the Agreement (GPA/113, dated 2 April 2012). See also WTO webpage.

The Decision of the Committee on Government Procurement on Modalities for Notifying Threshold Figures in National Currencies (GPA/1, dated 27 February 1996, Annex 3).

Notes

¹ See, in particular, the Decision of the Committee on Government Procurement on Modalities for Notifying Threshold Figures in National Currencies (GPA/1, dated 27 February 1996, Annex 3); and the Decision of the Committee on Government Procurement on Notification Requirements under Articles XIX and XXII of the Agreement (GPA/113, dated 2 April 2012, Annex A).

² See Article XXII:5 of the GPA 2012; Decision on Notification Requirements under Articles XIX and XXII of the Agreement (GPA/113, Annex A).

³ See Article XVI:4-6 of the GPA 2012.

⁴ See Decision on Modalities for Notifying Threshold Figures in National Currencies (GPA/1, Annex 3).

⁵ See Article XIX of the GPA 2012; Decision on Notification Requirements under Articles XIX and XXII of the Agreement (GPA/113, Annex A).

⁶ See Article VI:3 of the GPA 2012.

⁷ See WTO, Parties, observers and accessions.

⁸ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

⁹ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

¹⁰ Prior to the creation of GPA/LEGIS/ series in 2017, notifications were circulated under the GPA/ series.

¹¹ The symbol includes the last two digits of the year/reporting period (e.g. GPA/STAT(18)/*).

¹² Prior to the creation of GPA/STAT series in 2017, notifications were circulated under the GPA/ series.

¹³ Prior to the creation of GPA/THR/ series in 2017, notifications were circulated under the GPA/W/ series.

¹⁴ A Party may notify the CGP 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). See effective modifications and rectifications that have been certified here. See paragraph 5 of Annex A of Appendix 2 of the Decision of the Committee on Government Procurement on Notification Requirements under Articles XIX and XXII of the Agreement (GPA/113).

¹⁵ Prior to the creation of GPA/MOD/ series in 2017, notifications were circulated under the GPA/W/ series.

¹⁶ Pursuant to Article VI:2 of the GPA 2012, existing Parties provided information on the media for the publication of procurement-related information. Accession candidates provide relevant information at the time of their accession process.