Government Procurement Agreement (GPA) Procurement Law 2026

Definition: The Government Procurement Agreement (GPA) is a plurilateral agreement under the World Trade Organization (WTO) that governs reciprocal market access for public contracts among the signatory states and anchors principles such as transparency, non-discrimination and competition in public procurement at the international level.

Last updated: January 2026 · Legal basis: GPA 2012 (WTO), in force since 6 April 2014; Art. 25 Directive 2014/24/EU

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What is the Government Procurement Agreement?

The Government Procurement Agreement (GPA) is the most important international framework for public procurement and obliges its member states to open public contracts above certain thresholds to suppliers from other GPA member states. The current GPA 2012 replaced the original 1994 GPA and entered into force on 6 April 2014. It is a plurilateral agreement – not all WTO members are also GPA members.

The EU (and therefore Austria and Germany) is a party to the GPA; the GPA regime is integrated into EU procurement law (Art. 25 Directive 2014/24/EU).

GPA members

The GPA currently has 48 members (as of 2024/2025), including the EU (with its 27 member states), the USA, Canada, Japan, Switzerland, South Korea, Australia and other states. China has observer status and is negotiating accession. Major economies such as India, Russia and Brazil are not GPA members, which means that bidders from these countries have no guaranteed GPA market access in EU procurement procedures.

Core principles of the GPA

The GPA codifies four core principles that are very similar to EU procurement law:

1. Non-discrimination: GPA bidders must be treated in the same way as domestic bidders
2. Transparency: Procurement procedures and decisions must be traceable
3. Procedural requirements: Minimum deadlines, publication obligations, evaluation rules
4. Legal protection: Effective review mechanisms must be in place

Scope and thresholds

The GPA applies only to contracts exceeding certain thresholds, and only to the contracting authorities and sectors listed in the annexes to the agreement. The thresholds vary depending on the contracting party and the type of contract. For the EU, the EU thresholds apply as GPA thresholds. Contracting authorities not listed in the annexes do not fall under the GPA.

Significance for EU procurement

Within the EU, the GPA means that public contracting authorities may not discriminate against bidders from GPA member states. Conversely, EU companies enjoy the same market access rights in GPA member states. For bidders from non-GPA states, the contracting authority is in principle not obliged to ensure equal treatment, unless bilateral trade agreements provide otherwise (e.g. EU-Canada CETA, EU-Japan EPA).

Reciprocity and strategic procurement

A current debate concerns reciprocity: the EU is discussing whether bidders from countries without GPA membership or comparable market access rights should be excluded from EU procurement. The EU International Procurement Instrument (IPI, Regulation (EU) 2022/1031) has, since 2022, allowed the EU to take measures against third countries that discriminate against EU companies in their markets.

FAQ

Must public contracting authorities actively check whether a bidder comes from a GPA member state? In practice, GPA bidders are treated on an equal footing under EU procurement law. Explicit origin checks are uncommon but may become relevant for strategic procurement.

Does the GPA also apply to below-threshold procurement? No. The GPA applies only to contracts above the agreed thresholds and to the listed contracting authorities.

What is the difference between the GPA and EU internal market law? EU internal market law (including the procurement directives) applies to all EU member states and is directly applicable law. The GPA is an international agreement that also covers third states, but only applies to listed contracting authorities and to amounts above the thresholds.

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Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.