Considerations on COM(2016)172 - EU position as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on Government Procurement

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2016)172 - EU position as regards the draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised Agreement on ...
document COM(2016)172 EN
date May 13, 2016
 
table>(1)The Revised Agreement on Government Procurement (‘the Revised GPA’), which entered into force on 6 April 2014, lays down a revamped legal framework applicable by the Revised GPA Parties to covered procurement. The Revised GPA provides for the possibility of the Revised GPA Parties using arbitration procedures in cases where objections regarding proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modification of a Party's annexes to Appendix I were raised but could not be solved through consultations.
(2)Pursuant to Article XIX:8 of the Revised GPA, the Committee on Government Procurement is required to adopt arbitration procedures in order to facilitate the resolution of those objections.

(3)The Revised GPA Parties have extensively discussed the possible content of such arbitration procedures as regards various options to be applied in case of objections to a proposed modification of a Party's procurement coverage. The Revised GPA Parties have been able to find a consensus on that matter.

(4)The agreed arbitration procedures are set out in a draft decision on arbitration procedures pursuant to Article XIX:8 of the Revised GPA.

(5)That draft decision on arbitration procedures provides for the conditions that need to be met in order to resort to the arbitration procedures and sets out rules governing the appointment of arbitrators, the participation of third Parties in arbitration procedures, the conduct of the proceedings and the arbitrators' determination.

(6)The adoption of the draft decision on arbitration procedures is expected to make a positive contribution to the existing legal framework of the Revised GPA as it has the purpose of facilitating the resolution of objections raised regarding a proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other modification of a Party's annexes to Appendix I to the Revised GPA.

(7)Accordingly, it is appropriate to establish the position to be taken on behalf of the Union within the Committee on Government Procurement with regard to the draft decision on arbitration procedures,