EU ENLARGEMENT AND WTO GOVERNMENT PROCUREMENT

UNCLAS BRATISLAVA 000197

SIPDIS


DEPT FOR EB/TPP/MTA/MST ADILWORTH

DEPT PASS TO USTR FOR JGRIER

USDOC FOR JLIUZZI

E.O. 12958: N/A
TAGS: EAGR ECON ETRD PREL LO EU WTO
SUBJECT: EU ENLARGEMENT AND WTO GOVERNMENT PROCUREMENT
AGREEMENT (GPA)

REF: STATE 29307


1. The following is post's submission of updated GPA
information for Slovakia, per reftel, under Directive 93/37.


2. The procuring entity (contracting authority) is defined
in Art. 4, of Act No. 523/2003, as:

a) the Slovak Republic represented by a state administration
body, a body or an authority executing state affairs,
b) a municipality or a higher territorial unit,
c) any other organization governed by public law (a legal
person established for public interest needs, which does not
have industrial or commercial character and 1) is financed,
wholly or for the most part, by the contracting authority
(a) through (c),or 2) is subject to management or control
by the contracting authority under (a) through (c),or 3)
more than half of whose members of the managerial or
supervisory board are appointed or elected by the
contracting authority in accordance with paragraph 1 (a)
through (c).
d) an association of legal persons whose member is at least
one of the contracting authorities referred to in (a)
through (c).


3. Any legal entity or a physical person shall be obliged
to proceed in the selection of a contractor in accordance
with this Act in case that a contracting authority under a)-
d) has provided more than 50 % of funds for defined works
(listed in Annex 2 of the Act) in the group of structural
engineering and works related to the construction of
hospitals, sports facilities, recreational resorts, schools,
universities and buildings used for administrative purposes,
and for services relating to a works contract." (Note: The
new law on Public Procurement No. 523/2003 Z.z. was
approved by Slovak Parliament on October 24, 2003. This Act
fully transposes the following directives:
a. Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply
contracts (Public Supply Directive)
b. Council Directive 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of
public works contracts (Public Works Directive)
c. Council Directive 92/50/EEC of 18 June 1992
relating to the coordination of procedures for the award of
public service contracts (Public Service Directive)
d. Council Directive 93/38/EEC of 14 June 1993
coordinating the procurement procedures of entities
operating in the water, energy, transport and
telecommunications sectors (Public Utilities Directive)
e. Council Directive 89/665/EEC of 21 December 1989
on the coordination of the laws, regulations and
administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (Public Remedies Directive)
f. Council Directive 92/13/EEC of 25 February 1992
coordinating the laws, regulations and administrative
provisions relating to the application of Community rules on
the procurement procedures of entities operating in the
water, energy, transport and telecommunications sectors
(Public Utilities Remedy Directive)
g. European Parliament and Council Directive 97/52/EC
of 13 October 1997 amending Directives 92/50/EEC, 93/36/EEC
and 93/37/EEC concerning the coordination of procedures for
the award of public service contracts, public supply
contracts and public works contracts respectively
h. Directive 98/4/EC of the European Parliament and
of the Council of 16 February 1998 amending Directive
93/38/EEC coordinating the procurement procedures of
entities operating in the water, energy, transport and
telecommunications sectors).


4. In the following four annexes of Directive 93/37, the
procuring agency is defined in:

ANNEX I. - water
Article 5 Para 1 and 2 of Act No. 523/2003 Z.z. on Public
Procurement,

ANNEX II. - electricity
Article 5 Para 1 and 2 of Act No. 523/2003 Z.z. on Public
Procurement,

ANNEX VII - urban railway.
Article 5 Para 1 and 2, letter c) of Act No. 523/2003 Z.z.
on Public Procurement,

ANNEX VIII - Aiports


Article 5 Para 1 and 2, letter c/2 of Act No. 523/2003 Z.z.
on Public Procurement.


5. Add the following offices to Appendix I - Central
Government Entities

FOND NARODNQHO MAJETKU SR (National Property Fund)
NARODNA BANKA SLOVENSKA ( National Bank SR)
NARODNY INSPEKTORAT PRACE (National Labor Inspectorate)
SLOVENSKQ DOKUMENTAENQ A INFORMAENQ STREDISKO SOCIALNEJ
OCHRANY (The Slovak Documentation and Information Center for
Social Protection
SLOVENSKY METROLOGICKY USTAV (Slovak Institute of Metrology)
SLOVENSKY USTAV TECHNICKEJ NORMALIZACIE (Slovak Institute
for Standardization)
SPRAVA STATNYCH HMOTNYCH REZERV SR (Administration of State
Material Reserves)
URAD DAOOVQHO PREVEROVANIA (Office for Tax Audits)
URAD JADROVQHO DOZORU (Office for Nuclear Supervision)
URAD PRE REGULACIU SIE_OVYCH ODVETVI ( Office for regulation
of utilities - production and distribution of electricity,
gas, heating and drinking water)
URAD PRE VYBRANQ DAOOVQ SUBJEKTY (Office for Selected Tax
Payers)
VYSKUMNY USTAV PRACE, SOCIALNYCH VECI A RODINY (Research
Institute for Labor, Social Affairs and Family)

Regional Offices of the Central Government:

SLOVENSKA TELEVIZIA (Slovak Television)
SLOVENSKY ROZHLAS (Slovak Radio)
TLAEOVA AGENTURA SR (Press Agency SR)

THAYER


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