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MICHEL NUSSBAUMER Head of Legal Transition Programme , EBRD

Technical Cooperation to Improve Transparency and Accountability of Public Procurement in T ransition C ountries. MICHEL NUSSBAUMER Head of Legal Transition Programme , EBRD. ‘UNCITRAL standards for transparency, accountability and good governance’ New York, 17 July 2014 .

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MICHEL NUSSBAUMER Head of Legal Transition Programme , EBRD

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  1. Technical Cooperation to Improve Transparency and Accountability of Public Procurement in Transition Countries MICHEL NUSSBAUMER Head of Legal Transition Programme, EBRD ‘UNCITRAL standards for transparency, accountability and good governance’ New York, 17 July 2014

  2. The EBRD Legal Transition Programme Objective: “Improve the investment climate in the Bank’s countries of operations by helping create an investor-friendly, transparent and predictable legal environment”

  3. Law reform and economic transition progress together in transition countries • Source: EBRD Transition Report 2013

  4. Transparency safeguards in public procurement laws in transition countries

  5. How well do national laws guarantee transparency and accountability of public procurement? (2010 assessment) Eastern Europe, including Russia and Georgia EU Member States in the EBRD region

  6. Sub-standard policies on transparency and accountability in the CIS region and North Africa (2010 assessment) CENTRAL ASIA SEMED

  7. Full EBRD assessment is available at http://ppl-report.ebrd.com Full EBRD assessment is available at: Full EBRD assessment is available at: Full EBRD assessment is available at: Full EBRD assessment is available at:

  8. Why reform public procurement now? • New best practice: what was good for paper-based procurement procedures does not work for eProcurement– • e-commerce with public sector • Revised regulatory standards: • - UN Convention Against Corruption • - 2011 UNCITRAL Model Law on Public Procurement • - 2012 WTO Government Procurement Agreement • - 2014 European Union directives on public procurement and concessions • - Updated MDBs Procurement Policies and Rules

  9. New policy messages in reform context • Focus: efficiency of procurements without compromise on transparency • eProcurementtools: utilise to improve transparency of the procurement (and get rid of bureaucracy) • More professional procurement: qualified officers for better accountability of procurement decisions • Market access: engage local suppliers, SMEs in particular

  10. The EBRD & UNCITRAL Public Procurement Initiative • Designed to promote upgrading procurement laws originally based on the 1994 UNCITRAL Model Law, but now outdated • Kick – off: May 2011, EBRD Annual Meeting, Astana, Kazakhstan Programme partners EBRD UNCITRAL OSCE OECD Anti Corruption Network Asian Development Bank

  11. The EBRD UNCITRAL Initiative The EBRD UNCITRAL Initiative country-tailored technical cooperation projects focus on: • 3(3) Regulatory and enforcement capacity • supporting national procurement regulatory authorities • strengthening national procurement review bodies (4) Procurement function development • promoting professionalism and certification of the procurement officers • Legislative reform: • support in drafting modern public procurement legislation • (2) Institution building: • promoting unrestricted and free access to information on procurement opportunities • promoting e-Government and e-Procurement

  12. Work in progress: Mongolia 2010 assessment EBRD – UNCITRAL diagnostic

  13. First results: Armenia

  14. Using the UNCITRAL Model Law for a general update: Kyrgyz Republic

  15. Supporting reforms • Several countries in the EBRD region are committed to public procurement reforms in order to benefit from implementing new policy standards; however a number of countries remains unresponsive (Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan) . • eProcurement is being implemented as a tool to increase good governance in procurement and transparency of procurement decisions in particular. • Through the EBRD UNCITRAL Initiative projects we learned that: • the 2011 UNCITRAL Model Law on Public Procurement is very valuable for countries which previously based their legislation on the 1994 UNCITRAL standards (the Kyrgyz Republic, Tajikistan); • specific instruments promoted by UNCITRAL such as framework agreements and review procedures are globally popular and frequently used by national legislators (Armenia, Moldova); • thanks to harmonisation with the principles of the Agreement on Government Procurement (GPA) of the World Trade Organisation the UNCITRAL Model Law standards are increasingly interesting to countries pursuing the GPA accession.

  16. Contact Michel Nussbaumer Legal Transition Programme Office of the General Counsel One Exchange Square London EC2A 2JN, United Kingdom Nussbaum@ebrd.com

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