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 NNNN