The sub-areas under Chapter 5 are:
1. General principles
2. Contract award
3. Legal protection and the classic sector
4. Utilities sector
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.
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.