. /.RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/231
6 January 2003
(03-0008)
Committee on Government Procurement Original:  English
ACCESSION OF MOLDOVA TO THE AGREEMENT ON
GOVERNMENT PROCUREMENT
Questions from the European Community Regarding Mo ldova's Replies to the Checklist of Issues for
Provision of Information Relating to Accession to the Agreement on
Government Procurement Contained in GPA/W/177
The European Community has received the re plies of Moldova to the Committee's Checklist
of Issues relating to accession to the Agreement on Government Procurement (GPA/W/177).  The
European Community has taken note of the questions from Hong Kong, China (GPA/W/182),
Moldova's responses to those questions (GPA/W/193), the questions from the United States
(GPA/W/191) and the further questions  of Hong Kong, China (GPA/W/206).
The European Community submits the followin g questions and requests for clarification
regarding Moldova's replies:
1. To permit a thorough analysis of Moldova's national procurement regime, the European
Community would appreciate receiving a translation of Moldova's existing laws, regulations and other
measures on government procurement, as well as the draft law.
2. As regards the scope of Moldova's law, the European Community would like to learn more
about the "new mechanism of the state procurem ents" (mentioned in the response to question 7).
Does this mechanism bring enterprises owned and controlled by the state within the procurement
regime?  If not, what rules are applicable to procurement by entities fully or partly owned by the
state?
3. As regards the scope and coverage of the law, Moldova suggests in its response to question 7
that entities partly or fully owned by the state do not "carry out procurements within the provisions of
the Law No. 1166-XIII".  The European Community would be interested to learn:  (1) what are the
criteria for entities to be covered by Law No. 1166-XIII;  and (2) whether the procurement activities
of entities falling outside the scope of La w No. 1166-XIII are covered by other regulations?
4. Please provide a translation of Article 8 of Law No. 1166-XIII.  It would also be helpful to
learn under what circumstances deviations from the non-discrimination principle are permitted.
5. In Moldova's replies to questions from Hong Kong, China, regarding question 12, Moldova
indicates its intention to introduce a national preference rule for national suppliers.  Please indicatehow such proposals relate to the general non-discrimination rule of Article 8 of the
Law No. 1166-XIII and how Moldova will ensure complia nce of such proposals with Article III of the
GPA.
6. Regarding the "two stages auction procedure" mentioned in question 16, please indicate how
Moldova will ensure compliance with the GPA, and in particular Article XV.GPA/W/231
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7. Please indicate the meaning of "minimum salaries" referred to in Moldova's response to
question 16.  How are they calculated?  Is their amount subject to regular review and what is their role
in the procurement system of Moldova?
8. Please indicate how it is possible to participate in an "auction with limited participation" if it
is only "available to a limited number of suppliers"?  How are such procedures conducted?  On what
grounds does the Agency for Procurement limit the number of participants?
9. At the end of its response to question 16, Moldova envisages a single-source procurement.
Having regard to the responses to Hong Kong, China and the responses to the Checklist of Issues, the
European Community would be interested to lear n how Moldova will ensure compliance of such a
provision with the GPA.
10. Having regard to the responses to question 32 and the responses given to Hong Kong, China,
the European Community requests more precise information on the bid challenge procedures in place
("proposals consideration procedure").  Please provide a comprehensive outline of the review systems
and a translation of the provisions relevant to ad ministrative and judicial review of procurement
decisions.
11. In referring to the response provided to question 34(v) and having regard to the answer
provided to Hong Kong, China, the European Community requests Moldova to explain more fully the
concept of the "corresponding institution" responsible for calculating damages?
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