technical cooperation to improve transparency and accountability of public procurement in transition...
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Technical Cooperation to Improve Transparency and Accountability of Public Procurement
in Transition Countries
MICHEL NUSSBAUMERHead of Legal Transition Programme, EBRD
‘UNCITRAL standards for transparency, accountability and good governance’ New York, 17 July 2014
The EBRD Legal Transition Programme
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Objective:
“Improve the investment climate in the Bank’s countries of operations by helping create an investor-friendly, transparent and predictable legal environment”
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Law reform and economic transition progress together in transition countries
Romania
Latvia
UkraineGeorgia
Turkmenistan
Tajikistan
Uzbekistan
Belarus
Armenia
Lithuania
Azerbaijan
Montenegro
Bosnia & Herz
Albania
RussiaMoldova
CroatiaBulgaria
KazahkstanSerbia
Krygyz Rep
TurkeyMongolia
FYR Macedonia
Poland
EstoniaHungary
Slovak Rep
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2
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State of core commercial and f inancial law s
Sta
te o
f E
conom
ic T
ransiti
on
Slovenia
Source: EBRD Transition Report 2013
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Transparency safeguards in public procurement laws in transition countries
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How well do national laws guarantee transparency and accountability of public procurement? (2010 assessment)
EU Member States in the EBRD region
Eastern Europe, including Russia and
Georgia
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Sub-standard policies on transparency and accountability in the CIS region and North Africa (2010 assessment)
CENTRAL ASIA
SEMED
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Full EBRD assessment is available at http://ppl-report.ebrd.com
Full EBRD assessment is available at: Full EBRD assessment is available at: Full EBRD assessment is available at: Full EBRD assessment is available at:
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Why reform public procurement now?
• New best practice: what was good for paper-based procurement procedures does not work for eProcurement –
e-commerce with public sector
• Revised regulatory standards:- UN Convention Against Corruption- 2011 UNCITRAL Model Law on Public
Procurement- 2012 WTO Government Procurement
Agreement- 2014 European Union directives on public
procurement and concessions- Updated MDBs Procurement Policies and Rules
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New policy messages in reform context
• Focus: efficiency of procurements without compromise on transparency
• eProcurement tools: utilise to improve transparency of the procurement (and get rid of bureaucracy)
• More professional procurement: qualified officers for better accountability of procurement decisions
• Market access: engage local suppliers, SMEs in particular
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The EBRD & UNCITRAL Public Procurement Initiative
• Designed to promote upgrading procurement laws originally based on the 1994 UNCITRAL Model Law, but now outdated
• Kick – off: May 2011, EBRD Annual Meeting, Astana, Kazakhstan Programme partners
EBRDUNCITRAL
OSCEOECD Anti Corruption Network
Asian Development Bank
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The EBRD UNCITRAL Initiative
The EBRD UNCITRAL Initiative country-tailored technical cooperation projects focus on:
(1) Legislative reform:
• support in drafting modern public procurement legislation
(2) Institution building:
• promoting unrestricted and free access to information on procurement opportunities
• promoting e-Government and e-Procurement
3(3) Regulatory and enforcement capacity• supporting national procurement
regulatory authorities• strengthening national procurement
review bodies
(4) Procurement function development
• promoting professionalism and certification of the procurement officers
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Work in progress: Mongolia
2010 assessment
EBRD – UNCITRAL diagnostic
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First results: Armenia
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Using the UNCITRAL Model Law for a general update: Kyrgyz Republic
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Supporting reforms
• Several countries in the EBRD region are committed to public procurement reforms in order to benefit from implementing new policy standards; however a number of countries remains unresponsive (Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan) .
• eProcurement is being implemented as a tool to increase good governance in procurement and transparency of procurement decisions in particular.
• Through the EBRD UNCITRAL Initiative projects we learned that:– the 2011 UNCITRAL Model Law on Public Procurement is very valuable
for countries which previously based their legislation on the 1994 UNCITRAL standards (the Kyrgyz Republic, Tajikistan);
– specific instruments promoted by UNCITRAL such as framework agreements and review procedures are globally popular and frequently used by national legislators (Armenia, Moldova);
– thanks to harmonisation with the principles of the Agreement on Government Procurement (GPA) of the World Trade Organisation the UNCITRAL Model Law standards are increasingly interesting to countries pursuing the GPA accession.
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Contact
Michel Nussbaumer Legal Transition Programme
Office of the General CounselOne Exchange Square
London EC2A 2JN, United KingdomNussbaum@ebrd.com
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