CYIL 2013

BREGT NATENS – JAN WOUTERS CYIL 4 ȍ2013Ȏ ESM in the schedules of commitments, for each sector separately or horizontally, or through a plurilateral Reference Paper-type approach. 36 Because it is the expectation of many developing countries that there should be some form of ESM in GATS, 37 the latter approach might prove insufficient without the support of at least some of the developing countries’ main trading partners. 2.2.2 Government procurement For now, Article XIII GATS explicitly exempts laws, regulations, or requirements on government procurement of services purchased for governmental purposes from the Most-Favoured-Nation (MFN), market access and national treatment obligations, and requires multilateral negotiations to be conducted on the matter. However, it is argued that increased market access and national treatment would greatly remove the need for separate procurement disciplines, even though such disciplines could be useful to combat corruption. 38 The EU, which has regulated procurement internally, has taken the forefront in these negotiations by putting forth proposals for an Annex to GATS on procedural rules for government procurement,whichare still beingdiscussed. 39 Anearlier EU proposal to amend schedules of commitments to accommodate for government procurement was rejected by a majority of Members because the complexity of the schedules is already high as they stand. 40 Nonetheless, the EU continues to address the issue. The WPGR Annual Report of 2011 describes ‘a series of dedicated discussions on the broader economic and developmental importance of government procurement in services based on a proposal [for discussion] by the European Union’. 41 However, since 2012, work appears to be focused again on broader issues, such as a comparative typology of relevant barriers, an examination of the most relevant services, and how to improve statistical information. 42 Moreover, after ten years of negotiating, a renegotiated plurilateral Agreement on Government Procurement (GPA) was adopted in March 2012. 43 The GPA only applies to its signatories and is exempted from MFN treatment. Additionally, it thoroughly ASEAN countries in 2000. See, for a discussion of the proposal, Pierre Sauvé, ‘Completing the GATS Framework: Addressing Uruguay Round Leftovers’ (2002) 57 Aussenwirtschaft 301, 320. 36 Gauthier, O’Brien and Spencer 177; Marconini 28. 37 Sauvé 338. 38 Simon J Evenett and Bernard M Hoekman, ‘Government Procurement of Services and Multilateral Disciplines’ in Pierre Sauvé and Robert M. Stern (eds), GATS 2000: New Directions in Services Trade Liberalization (The Brookings Institution 2000) 144. 39 The last proposal dates from2006: S/WPGR/W/54, Communication from the European Communities: Government Procurement in Services (Adopted 20 June 2006). See S/WPGR/21, GATS Rules (Report by the Chairperson of the Working Party 14 April 2011) 5. 40 Jara and Domínguez 118. 41 S/WPGR/22, Annual Report of the Working Party on GATS Rules to the Council for Trade in Services (Adopted 10 November 2011) 5. 42 S/WPGR/23, Annual Report of the Working Party on GATS Rules to the Council for Trade in Services (Adopted 29 November 2012) 3. 43 GPA/113, Adoption of the Results of the Negotiations under Article XXIV:7 of the Agreement on Government Procurement (Adopted by the Committee on Government Procurement 2 April 2012) 5.