Negotiations with the EU

Negotiating Chapter 5 – Public Procurement was opened on 13 December 2016 by the Decision on the Opening of Negotiating Chapters 5 – Public Procurement and 25 – Science and Research. The Decision was adopted at the Fourth Intergovernmental Conference in Brussels.

The Republic of Serbia has committed to accept the acquis of the European Union in Chapter 5 – Public Procurement and to fully implement it by the time of accession, as it stood on 13 May 2014. The remaining acquis, i.e. those adopted after the submission of the negotiating position for Chapter 5, will be implemented by the Republic of Serbia in accordance with the results of the negotiations in this chapter prior to accession to the EU.

Benchmarks for the Provisional Closure of the Chapter

Chapter 5 – Public Procurement will be provisionally closed upon fulfilment of the following benchmarks:

1) Serbia must fully align its national legal framework with the EU acquis in all areas of public procurement, including its legislation on concessions and international agreements exempting certain works from public procurement rules;

2) Serbia must establish adequate administrative and institutional capacities at all levels and take appropriate measures to ensure proper implementation and enforcement of national legislation in this area prior to accession. This in particular includes: a) implementation of the Public Procurement Development Strategy 2014–2018 to enhance administrative capacity, notably by strengthening the capacities of the Public Procurement Office and providing appropriate training at all levels for all stakeholders; b) preparation of practical tools for implementation and monitoring (including administrative rules, manuals, and standard contract documentation); c) strengthening of control mechanisms, including detailed monitoring and enhanced transparency during the contract execution phase, as well as systematic risk assessment with prioritisation of controls in sensitive areas and procedures; d) effective functioning of the remedies system; e) measures to prevent and combat corruption and conflicts of interest in the field of public procurement, both at central and local levels.

3) Serbia must demonstrate a track record of a fair and transparent public procurement system that ensures value for money, competition, and strong safeguards against corruption.

Formation of the Cluster and Members of the Negotiating Group 5

Pursuant to the Decision on the Establishment of the Coordination Body for the Accession Process of the Republic of Serbia to the European Union (“Official Gazette of RS”, No. 92/24), the Negotiating Cluster Fundamentals has been formed, covering Negotiating Chapters 5 – Public Procurement, 18 – Statistics, 23 – Judiciary and Fundamental Rights, 24 – Justice, Freedom and Security, and 32 – Financial Control. In accordance with this Decision, the Government has adopted a Decision appointing the Chairperson and members of the Council of the Coordination Body for the EU Accession Process of the Republic of Serbia.
Within Negotiating Group 5, a Chairperson, Deputy Chairperson, Secretary, and Deputy Secretary have been appointed.

In accordance with the above Decision, other members of Negotiating Group 5 are representatives of the following public administration bodies: the Ministry of Finance; the Ministry of Internal and External Trade; the Ministry of Mining and Energy; the Ministry of Agriculture, Forestry and Water Management; the Ministry of Environmental Protection; the Ministry of Labour, Employment, Veteran and Social Affairs; the Ministry of Interior; the Ministry of Defence; the Ministry of Economy; the Ministry of European Integration; the Ministry of Public Investment; the Republic Commission for the Protection of Rights in Public Procurement Procedures; the Republic Secretariat for Legislation; and the General Secretariat of the Government.

If the need arises to involve other bodies or organisations in the work of the Negotiating Group, the Chairperson of the Negotiating Group may invite representatives of such bodies and organisations to participate in its activities.