GPA Procurement Agreement in Procurement Law 2026

Definition: The GPA procurement agreement (Government Procurement Agreement) is a multilateral agreement of the World Trade Organization (WTO) that regulates reciprocal market access for companies of the contracting parties in public procurement and ensures non-discriminatory competition in international public procurement.

Last updated: January 2026 · Legal basis: GPA 2012 (in force since 6 April 2014); Directive 2014/24/EU recital 22

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What is the GPA procurement agreement?

The Government Procurement Agreement (GPA) is the only legally binding multilateral WTO framework for public procurement and obliges the contracting parties to treat companies from other GPA states no less favourably than domestic companies in public tenders. The revised GPA of 2012 (in force since 2014) replaced the original GPA of 1994 and significantly expanded its scope.

The EU as a whole is a contracting party to the GPA; all EU member states, including Austria and Germany, are therefore automatically bound.

Contracting parties to the GPA

The GPA currently applies to around 48 economies, including the EU (27 member states), the USA, Japan, Canada, Switzerland, South Korea, Australia and other states.

Companies from GPA states enjoy the same access rights as EU companies, provided that the contract falls within the scope of the GPA. Companies from non-GPA countries (e.g. China, Russia, India) have no contractually secured market access.

Scope

The GPA applies to certain contracts of certain contracting authorities above defined thresholds – the specific scope is set out for each contracting party in individual annexes.

The EU annexes cover:

• Central government authorities (Annex 1)
• Sub-central authorities (Annex 2)
• Other entities (Annex 3)
• Supply, service and works contracts above certain thresholds

The GPA thresholds are usually at or just below the EU thresholds, since the EU introduced its EU procurement directives as the reference framework into the GPA.

Significance for the EU procurement directives

The EU procurement directives of 2014 were enacted with the GPA obligations in mind and fully implement the GPA in EU law. Contracting authorities that comply with the EU directives automatically also satisfy the GPA requirements. Publication on TED simultaneously fulfils the GPA transparency requirements.

Practical implications

For public contracting authorities in the EU, the GPA means that they may not, in principle, reject tenders from companies in GPA states on the grounds that the company comes from a third country. This applies to all contracts covered by the EU annexes to the GPA.

For bidders from GPA states, it follows conversely that in EU-wide tenders they enjoy the same rights as EU companies – including the right to legal protection in review procedures, in so far as this is provided for in national law.

Distinction from third-country rules

Outside the GPA framework, EU contracting authorities may reject tenders from companies in non-GPA states or offer them less favourable conditions, unless specific free trade agreements or bilateral arrangements provide otherwise. The European Commission has also introduced the International Procurement Instrument (IPI, Regulation 2022/1031), which allows EU contracting authorities to exclude tenders from third countries that do not grant EU companies reciprocal market access.

FAQ

Which companies benefit from the GPA? Companies from the around 48 GPA contracting parties, including the USA, Japan, Canada, Switzerland, South Korea and the EU member states.

Does the GPA also apply to small contracts? No, the GPA only applies above certain thresholds; for contracts below these thresholds, the GPA access rights do not apply.

Can a contracting authority reject tenders from China? China is (as of 2026) not yet a full GPA member; EU contracting authorities can – subject to other agreements and the IPI instrument – restrict tenders from Chinese companies.

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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.