Presentation given by Sandra Skataric of the Montenegro PPA at the 7th Regional Public Procurement Conference held in Vlora on 9-10 Sept 2014.

1. GOVERNMENT OF MONTENEGRO
Public Procurement Administration
INSTITUTIPNAL set-up and the role of central institutions in the public procurement system: current situation, lessons learnt, plans for reform
Presenter:
Sandra Škatarić, Head of Department for professional development, training and international cooperation in public procurement field

2. Institutional framework

3. Institutional framework
•Ministry of Finance – approval to the public procurement plan;
•Public Procurement Administration:
-Compliance of regulation with the EU legislation;
-Preparation and publishing the list of contracting authorities;
-Prior approval to certain public procurement procedure;
-Monitoring.
•State Commission for the control of public procurement procedure:
-deciding upon appeals lodged in public procurement procedures;
-control of public procurement procedures.

4. Parties obliged to adhere to the PPL (1)
CONTRACTING AUTHORITIES
state administration bodies, local self- government units, public services and other beneficiaries of the Budget of MNE (performing tasks of public interest)
BODIES GOVERNED BY PUBLIC LAW Business organisations &legal entities performing tasks of public interest
CONTRACTING ENTITIES
performing activities in areas of water management, energy, mining, telecommunications, postal services and transport (Holders of special and exclusive rights)
SUBSIDIZED CONTRACTS
business organizations, legal entities, and entrepreneurs when procuring works, supply or services contracts that are funded by more than 50% from the Budget of Montenegro, local self- government or other public funds
PPL and Implementing Acts

5. Parties obliged to adhere to the PPL (2)
•The list of covered parties (clasical and utilities sector) is published at the public procurement portal www.ujn.gov.me
•The contracting authorities are obliged to implement this Law even in the cases when they are not included in the List
•New element introduced with the new PPL is the opportunity for centralized purchases.

6. Exemptions
–Exemptions from the PPL (“OG of MNE”, no. 42/11) - Article 3
–Contracts in the Water, Energy, Mining, Telecommunications and Transport Sectors not Subject to this Law – Exemptions from the Application of PPL (“OG of MNE”, no. 42/11) - Article 113

7. EUROPEAN INTEGRATION PROCESS OF MONTENEGRO
• Establishing the Working Group for preparing negotiations on Montenegro`s accession to the EU in the area of acquis communautaire relating to the Negotiation Chapter 5, Public Procurement
•Key institutions of the public procurement system - Public Procurement Administration(PPA) is one of them, make significant contribution to the process of the European Integration.
•Public Procurement policy to the European path

8. EUROPEAN INTEGRATION PROCESS OF MONTENEGRO
•EC Screening Report for Chapter 5–Public Procurement adopted
•Negotiating position in the field of Public Procurement circulated to the Council on October 14, 2013.
•The Third meeting of the Accession Conference with Montenegro at Ministerial level was held on December 18, 2013 in Brussels to open negotiations on Chapter 5 – Public Procurement.

9. PROJECT ACTIVITIES
•Within Multi-beneficiary IPA Project `Training in Public Procurement in Western Balkans and Turkey` Montenegro gained recognized European certificates and established national core team of 12 procurement trainers
•Implementation of the Project `Strengthening of the Public Procurement System in Montenegro` initiated on June 4, 2012 and terminated on Jule 02, 2013
•Experts in the following areas: Law, IT sector, Audit/Inspection and Public Procurement (altogether 4) were engaged in the implementation of the above mentioned project

10. FURTHER PROJECT ACTIVITIES
•IPA 2014 `Implementation of the System of Electronic Public Procurement in Montenegro`
• Approximate value of the project - € 1,5 million.

11. Measuring performance
The aims of PP regulation at international level are the following:
The opening up of domestic markets to foreign competition – eradication of “protectionism” in PP
Prohibition of discrimination on the basis of nationality
Transparency
The aim of “value for money” or “efficiency” are presumed as corollaries of the opening of the PP markets but are not the main objectives

12. Introducing variables aimed at measuring relevant performances of public procurement

13. THANK YOU FOR ATTENTION!