Referencing International Standards in Government Procurement

The document argues that WTO rules permit governments to use non-product related Process and Production Method (npr PPM) standards, such as social and environmental criteria, in government procurement. It clarifies that the TBT Agreement does not apply to government procurement, which is instead governed by the GPA for signatory countries. Under the GPA, technical specifications should be based on international standards where appropriate, and the term 'most advantageous' tender allows for the inclusion of non-economic advantages. The document also discusses the lack of a definitive WTO list of 'recognized bodies' for international standards, suggesting that recognition is established de facto through factors like ISO inclusion, government funding, and openness to participation by WTO members.

• The WTO Agreement on Technical Barriers to Trade (TBT) specifically excludes government procurement from its scope, as these issues are addressed by the Agreement on Government Procurement (GPA).
• Contrary to common assumptions, WTO rules allow governments to reference non-product related Process and Production Method (npr PPM) standards, including social and environmental standards, in procurement laws and practices.
• The Agreement on Government Procurement (GPA) likely covers both product-related and non-product related standards, meaning social and environmental impacts of production are within its scope.
• The GPA allows governments to award contracts based on the 'most advantageous' tender, a term that permits the consideration of environmental and social advantages rather than just economic ones.
• The GPA requires that technical specifications be based on international standards where they exist and are appropriate, though governments may adopt only some elements of a standard rather than the whole document.
• There is no official WTO list of recognized international standardizing bodies; recognition is instead demonstrated through de facto factors such as ISO recognition, government funding, and compliance with TBT general principles.

APA

Rogers, M., & Bernasconi-Osterwalder, N. (2006). Referencing International Standards in Government Procurement. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_LegalOpinionGPAR052_Jul06.pdf

Chicago

Rogers, Michael, and Nathalie Bernasconi-Osterwalder. Referencing International Standards in Government Procurement. Center for International Environmental Law, 2006. https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_LegalOpinionGPAR052_Jul06.pdf.

Wikipedia

{{cite report |last1=Rogers |first1=Michael |last2=Bernasconi-Osterwalder |first2=Nathalie |title=Referencing International Standards in Government Procurement |publisher=Center for International Environmental Law |date=July 2006 |url=https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_LegalOpinionGPAR052_Jul06.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{rogers2006referencing, author = {Rogers, Michael and Bernasconi-Osterwalder, Nathalie}, title = {{Referencing International Standards in Government Procurement}}, institution = {Center for International Environmental Law}, year = {2006}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/03/ISEALCIEL_LegalOpinionGPAR052_Jul06.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }