|Workshop in Chisinau|
Public Procurement Policy Workshop in Chisinau, Moldova
The government of the Republic of Moldova, the EBRD and the UNCITRAL hosted a two-day policy dialogue workshop in Chisinau to discuss the overall public procurement environment, with a special emphasis on diagnosing challenges and seeking solutions to bridge gaps. Moldova is enjoying steady economic growth and saw its output surpassing pre-crisis levels by the end of 2010. Several new laws aimed at streamlining entrepreneurial activities are due to be enacted. The authorities are focusing on improving the business environment, encouraging transparency and competition and bringing in broad based reforms. Public procurement in Moldova is regulated by the Law on Public Procurement No 96 enacted on April 13th, 2007, and published July 27th, 2007.
Key participants were Eliza Niewiadomska (Legal Transition Programme, EBRD), Caroline Nicholas (senior lawyer, UNCITRAL), Stefan Creanga (director, Public Procurement Agency), Valentina Novac (National Agency for the Protection of Competition), Steen Bruun-Nielsen, Jorge Claro and Larissa Kokareva (international experts, EBRD UNCITRAL Initiative), Ghenadie Catlabuga (local expert, EBRD UNCITRAL Initiative), Dr Eugene Stuart (EU High Level Policy Advice Mission to Moldova), Richard Gargrave (senior procurement specialist, EBRD), Marian Lemke OECD/SIGMA) and Florin-Bogdan Munteanu (prosecutor, National Anti-Corruption Directorate, Romania).
On day one, participants reviewed the legal diagnostic and understanding proposals for the comprehensive reform of Moldova’s PP framework, with a look at the various practical aspects of the current challenges and constraints, and the gaps in comparison with the 2011 UNCITRAL Model Law, regarding the key areas of legal environment, procurement planning, communication and notifications, remedies procedures and procurement records. There was also a session on EU directives, with suggestions for a series of envisaged priorities for the Moldovan government.
On day two, the emphasis was on addressing competition and corruption in public procurement. There was a discussion on the regulatory issues and a look at best practices in Korea’s e-government procurement, framework contracts in Chile and sustainability. Recommendations for moving towards a more holistic public procurement environment were made. Another discussion explored the EBRD's mixed experiences in Moldova with specific reference to selected infrastructure projects, public sector operations and hindrances encountered. An OECD/SIGMA-led session discussed how rule of law, democratic checks and balances, government accountability to parliament, professional civil service and a strong civil society underpin a sound public procurement system. The final session looked at enforcing anticorruption regulations, with the case study of Romanian practice, and common types of fraud at the various stages of the procurement process.
The next steps will focus on introduction of e-procurement, a review body and capacity-building, with a donor meeting of the EBRD UNCITRAL Initiative, World Bank and the Moldovan authorities to coordinate expertise and resources in addressing these key issues.