The document discusses public procurement systems in Eastern Europe and their relationship to the European Union. It outlines several agreements that Ukraine, Georgia, Moldova, Armenia and Azerbaijan have with the EU regarding legal frameworks and market access for public procurement. The goal of these agreements is to establish transparent, competitive procurement processes. Key reforms include approximating local legislation with the EU, establishing central procurement bodies, and independent review mechanisms. The process involves gradual legal and institutional alignment, with market opening conditional on reform progress. The ultimate goal is modern procurement systems in these countries that support their economies and business ties with Europe.

1. Working together for
modern public procurement
systems in the region
László Kojnok,
Legal officer GROW G2 Access to Procurement Markets
OECD SIGMA ENP East Conference
29 May 2018, Kyiv, Ukraine

2. Legal frameworks in the region in
the field of public procurement
1.Association Agreements / Deep and
Comprehensive Free Trade Areas – Ukraine,
Georgia and Moldova
2.Free Trade Agreements – negotiated or under
negotiations – Armenia and Azerbaijan
3.WTO Government Procurement Agreement –
Ukraine, Moldova and Armenia

3. Deep and Comprehensive Free
Trade Areas - DCFTA
Aim:
Transparent, non-discriminatory, competitive and
open tendering contributing to sustainable
economic development

4. • Tools:
• Gradual approximation of EU legislation
• Reciprocal and gradual opening of public
procurement markets

5. Legal approximation
• Progressive approximation with the EU public
procurement legal framework accompanied with
an institutional reform
• Creation of an efficient public procurement
system based on the EU public procurement
principles

6. Institutional reform
• Central executive body responsible for a coherent
public procurement policy in the country
• Impartial and independent review body

7. Step-by-step approach
Starting from the basic legal and institutional
alignment to the more complex issues
As set out in the relevant Annex of the DCFTA and
public procurement roadmap
Each step evaluated and to be positively assessed
by the Association Committee in Trade
Configuration
Dynamic approach to include EU legislative changes

8. Basic requirements
• - application of basic principles of EU public
procurement law: equal treatment, non-
discrimination and competition
• - central public procurement executive body
• - independent and impartial review body

9. Further steps
• - approximation with the EU public procurement
procedures, selection criteria, exclusion grounds,
etc
• - further approximation such as more complex
public procurement procedures, rules on works
and services concessions

10. Role of the European Commission
Partner in the efforts undertaken by the DCFTA
countries to implement the public procurement
obligations (regular contacts both with the EU
Delegations or DG GROW, technical assistance
support)
To evaluate the progress under the DCFTA

11. Market opening
• - gradual as defined in the DCFTA
• - conditional on the progress achieved in the
steps of the legal approximation

12. Result of the joint efforts
• Modern and EU-conform legal and institutional
framework for public procurement in Ukraine,
Georgia and Moldova that support sustainable
economic development, modernization of the
country and deepen business relations with the
European Union.