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RESTRICTED GPA/M/79 18 September 2020 (20-6319) Page: 1 RESTRICTED GPA/M/79 18 September 2020 (20-6319) Page: 1/6 Committee on Government Procurement MINUTES OF THE FORMAL MEETING OF 21 JULY 2020 (VIRTUAL MEETING) CHAIR MR CARLOS VANDERLOO (CANADA) The Chair opened the meeting by noting that, in preparation for the meeting, delegations had received an Airgram1 setting out the proposed agenda, which was as follows: 1. Participation in the Committee on Government Procurement as Observer – Written Notice from Côte d'Ivoire (GPA/153, dated 10 July 2020); 2. Application for Accession to the Agreement on Government Procurement (GPA): Brazil (GPA/152, GPA/ACC/BRA/1, dated 19 May 2020); and 3. Other Business, if any. In regard to Other Business, the Chair recalled that the Republic of Moldova had informed the Secretariat of its intention to make a brief statement to update the Committee on legislative developments in the country. The Committee adopted the agenda. 1 PARTICIPATION IN THE COMMITTEE ON GOVERNMENT PROCUREMENT AS OBSERVER – WRITTEN NOTICE FROM CÔTE D'IVOIRE 1.1. The Chair said that the written notice regarding its participation in the Committee on Government Procurement as observer had been circulated by Côte d'Ivoire on 10 July 2020.2 Pursuant to Article XXI:4 of the revised GPA, "any WTO Member that is not a Party to this Agreement shall be entitled to participate in the Committee as an observer by submitting a written notice to the Committee". 1.2. The Committee took note of the written notice submitted by Côte d'Ivoire. It also expressed its sincere condolences for the passing of the Prime Minister of Côte d'Ivoire, His Excellency Amadou Gon Coulibaly. 1.3. The representative of Côte d'Ivoire said that his delegation would like to take this opportunity to convey to the GPA Parties its wish to become an observer to the Committee on Government Procurement. Côte d'Ivoire attached great importance to transparency and competition in the award and execution of government procurement contracts. Government procurements in the development of activities in all areas of economic life within the central government and public bodies were subject to the Government Procurement Code as soon as they were in the form of a contract. To strengthen and improve all aspects of transparency and competition, Côte d'Ivoire had adopted a new government procurement instrument, Ordinance No. 2019-679 of 24 July 2019 on the Government Procurement Code. The new Code repealed and replaced previous incompatible provisions, such as those from Decree No. 2009-259 of 6 August 2009 on the Public Procurement Code, as amended by Decree No. 2014-306 of 27 May 2014 and Decree No. 2015-525 of 15 July 2015. Nonetheless, the most recent existing legislation remained applicable to government procurement procedures that had been under way on the date of entry into force of the new Ordinance, except with regard to planning. 1 WTO/AIR/GPA/21, dated 10 July 2020. 2 GPA/153, dated 10 July 2020. GPA/M/79 - 2 - 1.4. The new Government Procurement Code was part of the process to transpose the community directives of the West African Economic and Monetary Union (WAEMU) relating to the organization of government procurement in that region and contained a number of new institutional developments and government procurement procedures. It aimed to permanently remedy shortcomings and gaps identified during a review of the government procurement system of Côte d'Ivoire and to increase transparency and attract investment. It was the result of consultations between stakeholders in the government procurement system, including the main technical and financial partners. Compliance with the regulation "on environmental, social and labour matters, protection of persons with disabilities and gender" was established as a fundamental principle alongside equal treatment of candidates and bidders, transparency of procedures and free competition, which had already governed government procurement in Côte d'Ivoire. More importance had been attached to sustainable development, with relevant provisions included in the new instrument. Government procurement subject to this new Ordinance was clearly defined. It covered not only conventional procurement contracts (works, supply and service contracts and mixed contracts) but also particular types of contract (cost-plus contract, service-level management and maintenance contract, turnkey contract, design contract - construction, operation or maintenance, innovation contract and framework agreement). 1.5. In terms of institution, the Administrative Commission for Conciliation, which had been responsible for settling disputes likely to arise in the context of the award or execution, or even the regulation and control, of contracts, had been replaced by the National Government Procurement Regulatory Authority (ANRMP). 1.6. Moreover, the Ordinance further promoted paperless procedures. In the event of a dispute, a preliminary appeal could be lodged by any appropriate means, including by electronic communication, within seven working days (previously ten working days). The new Government Procurement Code also provided the contract holder with a new form of judicial remedy, namely the ability to file an appeal for reversal or for misuse of authority against a decision of the government procurement regulatory body. Appeals did not have a suspensory effect, except if a request for a stay of execution was made before the competent court. Disputes arising from the execution or regulation of government procurement could be referred either to the courts competent in administrative matters or to an arbitral tribunal. The obligation for disputes to be subject to the rules of the Uniform Act of the Organization for the Harmonization of Business Law in Africa (OHADA) relating to arbitration was no longer binding, and the parties could agree among themselves to choose any other arbitration court. 1.7. Côte d'Ivoire's application for observer status in the Committee was therefore a reflection of the Government's willingness to ensure its practices in this area were in line with international standards. Concluding, he thanked the WTO Secretariat for the GPA national workshop it had organised in Abidjan on 30 and 31 October 2019. This workshop, as well as the support provided by the WTO Secretariat, had contributed to and facilitated the procedure for Côte d'Ivoire to obtain observer status in the Committee. 1.8. The representatives of the European Union, the United States, the Republic of Korea, Canada, Switzerland, the Republic of Moldova, Brazil and Tajikistan welcomed Côte d'Ivoire's participation in the Committee on Government Procurement as an observer. 1.9. The representative of the European Union said that opening up the accession process would pave the way for sharing views and experiences on the benefits of complying with the rules and principles of the GPA. The European Union noted that recent accessions had demonstrated that becoming a fully-fledged Party to the GPA on mutually satisfactory terms could be achieved quickly and effectively. 1.10. The representative of the United States thanked Côte d'Ivoire for providing an overview of the new domestic procurement provisions that would help to bring transparency to procurement practices in Côte d'Ivoire. She said that obtaining observer status provided an opportunity for Côte d'Ivoire to learn more about the GPA and international procurement standards. Her delegation looked forward to working with Côte d'Ivoire. 1.11. The representative of the Republic of Korea expressed support for Côte d'Ivoire's efforts for greater liberalization of government procurement. GPA/M/79 - 3 - 1.12. The representative of Canada expressed the hope that Côte d'Ivoire's observer status would inspire other African countries to follow the same path. She encouraged Côte d'Ivoire to take advantage of the government procurement related training and technical cooperation activities offered by the WTO Secretariat and said that Canada remained available for informal exchanges on these matters and looked forward to working with Côte d'Ivoire. 1.13. The representative of Brazil referred to Brazil's very positive experience as observer in the Committee and expressed hope that Côte d'Ivoire's experience as observer would be similarly positive. 1.14. The representative of Switzerland said that his delegation was ready to share its experience as a GPA Party. Switzerland considered the GPA as an important tool not only to promote open and transparent rules for trade in government procurement but also to achieve sustainable economic growth. 1.15. The representative of Côte d'Ivoire thanked all delegations that had spoken for their kind words welcoming Côte d'Ivoire and their readiness to share their experiences and good practices with his delegation. He reiterated that Côte d'Ivoire stood ready to make progress and to have a government procurement system that was responsive to international standards. 1.16. In summary, the Chair congratulated Côte d'Ivoire on all the reforms it had undertaken as well as those under way to ensure its government procurement system to be in line with international best practices. The Committee would closely follow future developments in the country. Côte d'Ivoire was the third observer from Africa after Cameroon and Seychelles. He hoped that more African countries would follow Côte d'Ivoire's example. He strongly encouraged the delegation to participate in the Committee's work. Given the particular circumstances in the lead-up to the current meeting, he would give Côte d'Ivoire's capital-based delegation one more opportunity to make a statement at the Committee's next meeting. 2 APPLICATION FOR ACCESSION TO THE GPA: BRAZIL 2.1. The Chair recalled that in keeping with earlier statements made at the highest level in this regard, Brazil had submitted its application for accession to the GPA in document GPA/152 and GPA/ACC/BRA/1 on 19 May 2020. He said that Brazil's decision to apply for accession was a most positive development and sent a very powerful and encouraging signal in exceptionally challenging times, not just for Brazil's economy, but for the whole of Latin America and international government procurement markets beyond.
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