The Committee shall periodically review this list of programmes and make appropriate adjustments.

ANNEX C

Decision of the Committee on Government Procurement on a Work Programme on SMEs

Decision of 30 March 2012

THE COMMITTEE ON GOVERNMENT PROCUREMENT,

NOTING that Article XXII:8(a) of the Agreement on Government Procurement (Agreement) provides that the Parties shall adopt and periodically review a work programme, including a work programme on small and medium-sized enterprises (SMEs);

RECOGNISING the importance of facilitating the participation of SMEs in government procurement; and

RECOGNISING that Parties have agreed in Article XXII:6 to seek to avoid introducing or continuing discriminatory measures that distort open procurement;

HEREBY ADOPTS THE FOLLOWING WORK PROGRAMME WITH RESPECT TO SMES:

1. Initiation of Work Programme on SMEs

At the first meeting of the Committee after the entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Committee shall initiate a Work Programme on SMEs. The Committee shall review measures and policies for SMEs that the Parties use to assist, promote, encourage, or facilitate participation by SMEs in government procurement and prepare a report of the results of the review.

2. Avoidance of Discriminatory SME Measures

The Parties shall avoid introducing discriminatory measures that favour only domestic SMEs and shall discourage the introduction of such measures and policies by acceding Parties.

3. Transparency Programme and SME Survey

3.1. Transparency Programme

Upon entry into force of the Protocol of Amendment to the Existing (1994) Agreement, the Parties that maintain in their Appendix I specific provisions on SMEs, including set-asides, shall notify the Committee of such measures and policies. The notification should include a full description of the measures and policies, their relevant legal framework together with their operation and the value of the procurement subject to such measures. In addition, those Parties shall notify the Committee of any substantial change in such measures and policies, in accordance with Article XXII:5 of the Agreement.

3.2. SME Survey

(a) The Committee shall survey the Parties, through the use of a questionnaire seeking information regarding the measures and polices used to assist, promote, encourage, or facilitate participation by SMEs in government procurement. The questionnaire should seek information from each Party regarding:

(i) a description of the measures and policies used by the Party, including the economic, social, and other goals of the measures and policies and how they are administered;

(ii) how the Party defines SMEs;