RESTRICTED  
  
GPA/ACC/MKD/11  
 
31 January 2019  
(19-0565) Page: 1/2 
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA TO THE AGR EEMENT 
ON GOVERNMENT PROCUR EMENT  
COMMUNICATION FROM CANADA  
The following communication, dated 30  January  2019, is being circulated at the r equest of the 
Delegation of Canada . 
 
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COMMENTS AND QUESTIO NS FROM CANADA  REGARDING  
THE FORMER YUGOSLAV REPU BLIC OF MACEDONIA'S REPLIES  
TO THE CHECKLIST OF ISSUES (GPA/ACC/MKD/ 1)  
Canada thanks the former Yugoslav Republic of Macedonia for submitting its replies to the checkli st 
of issues (GPA/ACC/MKD/1). The following document provides Canada's comments and questions 
on the former Yugoslav Republic of Macedonia’s replies to the checklist of issues. Canada reserves 
the right to amend any of its questions and comments over the c ourse of these negotiations.  
 
Legal Framework  
 
1. In response to questions 1.3., the former Yugoslav Republic of Macedonia notes that the 
provision of the GPA will be transposed into the Law  on Public Procurement. Can 
the former  Yugoslav  Republic of Macedonia  please indicate if those provisions of the Law on Public 
Procurement that are not currently in line with GPA provision, will be amended prior to accession to 
the GPA? Can the former Yugoslav Republic of Macedonia please provide a time table for any 
amendm ents required to bring national law in compliance with the GPA?  
Scope and Coverage  
 
2. In its response to question 2.6., the former Yugoslav Republic of Macedonia notes that the 
Law on Public Procurement does not apply to public contrac ts when they are classi fied as "state 
secret"  by a competent authority in line with the regulations on classified information. Can 
the former  Yugoslav Republic of Macedonia provide the regulations on classified information?  
Avoidance of Conflicts of Interest and Prevention of Co rrupt Practices  
 
3. In its response to question 4.1., the former Yugoslav Republic of Macedonia notes the Law on 
Prevention of Conflict of Interest provides the legal framework fo r combating corruption. Can 
the former Yugoslav Republic of Macedonia please pro vide the full text of the Law on the Prevention 
of Conflict of Interest?  
4. In its response to question 4.1., the former Yugoslav Republic of Macedonia includes some 
direction to procurement officers to avoid conflicts of interest and prevent corrupt practice s. With 
respect to gifts or other benefits, are all officials required to provide a report regardless if the gift is 
returned or not? Can the former Yugoslav Republic of Macedonia please indicate which provisions of 
its law govern these duties?  
5. In its resp onse to question 4.1., the former Yugoslav Republic of Macedonia notes that when 
executing a public contract, the contractor must not hire person involved in the evaluation of tenders GPA/ACC/MKD/11  
 
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  submitted in the respective contract award procedure during the period o f validity of the contract. 
Does this prohibition on hiring extend to family members or other relationships of the person 
involved in the evaluation of tenders?  
Elements Specific to Procurement Procedures  
 
6. In its response to 5.3., the former Yugoslav Repub lic of Macedonia notes that competitive 
dialogue and negotiated procedure without publication of a contract notice can only be used with 
certain pre -conditions, and that such pre -conditions are  in line with EU rules. Can 
the former  Yugoslav Republic of Mac edonia please confirm if all pre -conditions are in line with GPA 
obligations?  
Information  
 
7. In its response to question 6.3., the former Yugoslav Republic of Macedonia provides the types 
of information that is legally required to be included in its notices of intended procurement or in 
tender documentation. Are the requirements in line with obligations found in Ar ticle VII and Article  X 
of the GPA? If not, can the former Yugoslav Republic of Macedonia please identify the changes that 
need to be made to compl y with GPA requirements.  
Domestic Review Procedures  
 
8. In its response to question 7.3. a., the former Yugoslav Republic of Macedonia notes that an 
appeal must be lodged within eight days. Can the former Yugoslav Republic of Macedonia please 
indicate if the  necessary legislative action to comply with the GPA obligation to provide a minimum 
of ten days will be completed prior to its accession to the GPA?  
9. In its response to question 7.3. e., the former Yugoslav Republic of Macedonia provides that 
the State App eals Commission can "decide upon the requests for compensation for procedural costs". 
Is this the only compensation that can be provided? Can the former Yugoslav Republic of Macedonia 
indicate if there are any other judicial bodies which can adjudicate dis putes and award damages?  
 
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