HARMONISATION OF PUBLIC PROCUREMENT SYSTEM IN UKRAINE WITH EU STANDARDS ГАРМОНІЗАЦІЯ СИСТЕМИ ДЕРЖАВНИХ ЗАКУПІВЕЛЬ В УКРАЇНІ ЗІ СТАНДАРТАМИ ЄС Project funded by the European Union and implemented by a consortium led by Crown Agents Ltd.

Ukraine’s progress towards aligning with the EU public procurement directives and overall principles Steen Bruun-Nielsen EU Project

Topics Elements of the 2014 Reform: Exemptions Scope E-procurement The Way Forward

Exemptions Previous PPL: more than 40 exemptions EU directives allow exemptions only in certain cases (security interests, immoveable property rights, employment contracts etc.) 2014 Reform: significant reduction of exemptions in line with the EU directives BUT - continuous pressure to include new exemptions

Scope of PPL Previous PPL definition of procuring entities based essentially on origin of funding 2014 Reform: – Focus on general interest activities and public supervision; – “Special and exclusive rights” as criterion for including private utility operators;

E-procurement EU directives focus on ensuring access and integrity in relation to all procedures; 2014 Reform: – Deletion of existing parallel legislation on e- procurement; – Introduction of basic rules on e-communication; NB! Existing official public procurement e-portal provides good basis for further reforms;

The Way Forward Public Procurement Strategy as basis for The Association Agreement Road Map Precise targets as regards legislative and institutional/capacity building activities Challenge of building broad consensus behind the strategy