Decision 2018/1536 - EU position within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement

Please note

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

1.

Current status

This decision has been published on October 15, 2018 and entered into force on October  9, 2018.

2.

Key information

official title

Council Decision (EU) 2018/1536 of 9 October 2018 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement
 
Legal instrument Decision
Number legal act Decision 2018/1536
Original proposal COM(2018)622 EN
CELEX number i 32018D1536

3.

Key dates

Document 09-10-2018; Date of adoption
Publication in Official Journal 15-10-2018; OJ L 257 p. 26-28
Effect 09-10-2018; Entry into force Date of document See Art 2
End of validity 31-12-9999

4.

Legislative text

15.10.2018   

EN

Official Journal of the European Union

L 257/26

 

COUNCIL DECISION (EU) 2018/1536

of 9 October 2018

establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Australia to the Revised Agreement on Government Procurement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

On 2 June 2015, Australia applied for accession to the Revised Agreement on Government Procurement (‘the Revised GPA’).

 

(2)

Australia's commitments on coverage are laid down in its final offer, as submitted to the Parties to the Revised GPA (‘the Parties’) on 7 March 2018.

 

(3)

Although comprehensive, the offer by Australia does not provide full coverage. It is thus appropriate to introduce certain carve-outs specific to Australia to Union coverage. These specific carve-outs, as reflected in the Attachment to this Decision, will become part of the terms of accession to the Revised GPA for Australia and will be reflected in the decision adopted by the Committee on Government Procurement (‘the GPA Committee’) on Australia's accession.

 

(4)

Australia's accession to the Revised GPA is expected to make a positive contribution to further opening of public procurement markets internationally.

 

(5)

Article XXII(2) of the Revised GPA provides that any Member of the WTO may accede to the Revised GPA on terms to be agreed between that Member and the Parties, with such terms stated in a decision of the GPA Committee.

 

(6)

It is therefore appropriate to establish the position to be taken on behalf of the Union within the GPA Committee in relation to the accession of Australia,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union within the Committee on Government Procurement shall be to approve the accession of Australia to the Revised Agreement on Government Procurement, subject to the specific terms of accession set out in the Attachment to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 9 October 2018.

For the Council

The President

  • E. 
    KÖSTINGER
 

Attachment

EU TERMS OF AUSTRALIA'S ACCESSION TO THE GPA

Upon Australia's accession to the Agreement on Government Procurement:

 

point 3 of section 2 (‘The Central Government contracting authorities of the EU Member States’) of Annex 1 to Appendix I Commitments of the European Union shall read as follows:

 

‘3.

For the goods, services, suppliers and service providers of the United States; Canada; Japan; Hong Kong, China; Singapore; Korea; Armenia; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, New Zealand and Australia, procurement by the following central government contracting authorities, provided they are not marked by an asterisk.’

 

Note 2 of the Notes to Annex 1 to Appendix I Commitments of the European Union shall be modified as follows:

 

‘2.

The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea, US and Australia in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of EU law, until such time as the EU accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.’

Upon Australia's accession to the Agreement on Government...


More

This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.