Naslovnica Chapter 5 – Public procurement

Chapter 5 – Public procurement

What is being negotiated?

The public procurement system also consists of public-private partnerships and concessions. Public-private partnership projects are projects that aim to meet a public need, ie projects that aim to provide a public service within the competence of a public authority.

Public procurement in the European Union includes a set of activities of contracting authorities from the Member States of the European Union for the purpose of procuring goods, providing services or performing works. Contracting authorities are public authorities, such as state institutions, cities, municipalities and sectoral contracting authorities that perform the activities of water supply, energy supply, provision of transport and postal services.


The sub-areas under Chapter 5 are:

1. General principles
2. Contract award
3. Legal protection and the classic sector
4. Utilities sector
5. Concessions
6. Vocabulary of public procurement
7. Electronic public procurement
8. Sustainable public procurement
9. Defense procurement

When was the chapter opened?

Negotiating Chapter 5 – Public procurement was officially opened on December 18, 2013.

Closing benchmarks?

Montenegro is working intensively to meet European standards and create conditions for closing this chapter, by meeting the final benchmarks:

1. Montenegro should align its national framework with the EU acquis in all areas of public procurement with special emphasis on concessions, private-public partnerships and public procurement for defense purposes, in accordance with EU legislation in the field of public procurement and in accordance with the Treaty on the Functioning of the EU and other relevant provisions of the EU acquis.
2. Montenegro should establish adequate administrative and institutional capacity at all levels and take measures to ensure proper implementation of national laws in this area in good time before entry
3. Montenegro should demonstrate the balance of results of a fair and transparent public procurement system that provides value for money, competitiveness and strong anti-corruption safeguards

What are the activities in the coming period?

The focus of activities in the coming period will be on harmonization with the EU acquis and the implementation of the Law on Public-Private Partnerships and Public Procurement, followed by the preparation of a detailed and comprehensive plan for electronic public procurement. Activities within the functioning of the system of legal remedies, as well as administrative capacities and the establishment of the IT infrastructure of the State Commission for Public Procurement Control are also forthcoming.

Institutions / organizations participating in the negotiating group?

The negotiator for Chapter 5, as well as the head of the Working Group are from the Ministry of Finance, while the contact person for the Working Group is selected from the Office for European Integration.

In addition to representatives of the Ministry of Finance, members of the Working Group are representatives of the following bodies and organizations: Ministry of Transport and Maritime Affairs, State Audit Institution, NGO Institute of Alternative, Montenegro Business Alliance, Inspection Directorate, Union of Municipalities of Montenegro, Union of Employers of Montenegro, The Agency for the Prevention of Corruption, a representative of the Government of Montenegro, the NGO Association of Youth with Disabilities of Montenegro and the State Commission for Public Procurement Control.

What is the benefit for Montenegro from this chapter?

One of the prejudices of Montenegrin citizens in relation to the EU is that the public procurement process will be to the detriment of citizens, especially if the possibility is expanded for more foreign companies to participate in the process, that the interest of these companies will prevail, not the public interest and that it is not possible to limit the abuse of public authority to the detriment of the public interest in the existing socio-political framework.

But, as already mentioned, the EU has established certain principles (non-discrimination, equal treatment, transparency, proportionality, mutual respect) and standards that must be applied in all public procurement procedures and equally to all participants in that procedure, and it is under considerable attention of the EU institutions, which significantly narrows the space for abuse.

Chapter 5 - Working Group

Bojan Paunović


mr Jelena Jovetić

Head of the WG

Luka Dedić

Secretary of the WG

The working group was formed in July 2012. The negotiator for this chapter is Bojan Paunović, Director General of the Budget Directorate in the Ministry of Finance, the head of the working group is mr Jelena Jovetić, Director General for Public Procurement Policy in Ministry of Finance. The contact person for the working group is Luka Dedić from the European Integration Office.

The working group consists of 15 members (10 from state institutions and 5 from the civil sector).

The aim of European legislation in this area is to ensure that service providers, suppliers and contractors have the opportunity to compete in public tenders in the Member States of the European Union and to strengthen economic development and efficiency.