RESTRICTED  
  
GPA/ACC/MKD/9  
 
17 September 2018  
(18-5751) Page: 1/3 
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 T HE FORMER YUGOSLAV REPU BLIC OF MACEDONIA  
The following communication, dated 12 September 2018, is being circulated at the r equest of the 
Delegation of the former Yugoslav Republic of Macedonia . 
 
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REPLIES TO THE QUEST IONS AND COMMENTS FR OM UKRAINE (GPA/ACC/MKD/7) ON 
THE INITIAL COVERAGE  OFFER OF THE REPUBL IC OF MACEDONIA (GPA/ACC/M KD/4)  
The Republic of Macedonia would like to thank Ukraine for the interest towards Macedonia's 
accession to the GPA and for providing its comments and questions pertaining to Macedonia's initial 
coverage offer on 22 June 2018. The Public Procurement Bureau together with the Ministry of  
Economy of the Republic of Macedonia would like to communicate the following in respect to 
Ukraine's questions and is looking forward to further constructive dialog.  
 
Annex 1 – Central Government Entities  
 
1. Ukraine would like the Republic of Macedonia to c larify if the list of entities provided 
in the Annex 1 of the initial offer includes all Central Government Entities of Republic 
Macedonia.  
a. If no, please provide a list of entities, which are not covered under the offer 
according to List of entities of th e Annex 1.  
b. Please provide the justification and criteria of excluding Central Government 
Entities from the List of e ntities covered by the Annex 1.  
The list of entities provided in Annex 1 was developed using the Decision on Determining the List of 
Contra cting Authorities (Official Gazett e of the Republic of Macedonia N os 157/08 and 74/09) and 
cross -referencing it with data on registered contracting entities in the Electronic System for Public 
Procurement (hereinafter: ESPP). Therefore , we would like to cl arify that the list of entities provided 
in Annex 1 contains all central government entities to the best of our knowledge.  
 
2. Ukraine would like the Republic of Macedonia to clarify what entities mentioned in 
Annex 1 is entities in the field of defence and s ecurity, and to provide examples of non ‑
sensitive and non -warlike materials.  
Entities from Annex 1 in the field of defense and security are the Ministry of Defense under item 16, 
Ministry of Internal Affairs under item 6, Intelligence Agency of the Republi c of Macedonia under 
item 41 and the Directorate for Security of Classified Information under item 47 of the list of entities. 
We would like to clarify that the Ministry of Internal Affairs also covers the Office of Security and 
Counterintelligence and the  Bureau of Public Safety, which are subordinated bodies without the 
status of a legal entity.  
 
For the non -sensitive and non -warlike materials, please refer to point 2 of Annex 4.  
 GPA/ACC/MKD/9  
 
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  Annex 2 – Sub-Central Government Entities  
 
3. Ukraine would like the Republic of Macedonia to provide the indicative lists of 
entities refer to the regional contracting authorities and local contracting authorities 
(point 1).  
The Republic of Macedonia has opted for an approach in line with EU approach and deriving from 
Macedonia 's status of EU candidate country. This approach has already been used by other GPA 
Parties with similar relations with the EU.  
 
4. Ukraine would like the Republic of Macedonia to provide an explanation for including 
in Annex 2 instead of Annex 1 the following entities: Agency for National Roads; Electronic 
Communications Agency; Energy Agency; Cadastre Agency; Railroads Regulatory Agency; 
Energy Regulatory Commission; National Bank of the Republic of Macedonia; Central 
Registry of the Republic of Macedonia; Com petition Protection Commission; Commission 
for Prevention of Corruption; Securities and Exchange Commission; Health Insurance 
Fund; Pension and Disability Insurance Fund.  
As mentioned in reply to question 1, we used the Decision on Determining the List of Contracting 
Authorities  with cross -reference to the registered contracting entities on ESPP as basis for preparing 
the respective indicative lists of contracting authorities. We would like to note that Annex 2 of our 
initial  coverage offer also covers bodi es governed by public law that are not necessarily operating 
on a local level, but which are not considered central government entities. The bodies listed in the 
questions were therefore considered to be bodies governed by public law, which is the reason w hy 
they were listed under Annex 2.  
 
Annex 3 – Other Entities  
 
5. Ukraine would like to ask whether all other entities of the Republic of Macedonia 
that are subject to the Republic of Macedonia government's procurement framework are 
included to the indicative  list of Other Entities? If some entities were not explicitly 
included to the list, could the Republic of Macedonia provide justification for that?  
We believe the indicative list is as exhaustively and accurately compiled as possible at this moment. 
In add ition, we have added number 17 on the indicative list, which is generic description of all 
contracting entities that are utilities under the definition of the Public Procurement Law. Its goal is 
to cover all entities that may have been unintentionally omit ted, or which may be established, 
abolished or may have changed their name or status afterwards, so the generic description at the 
end of the list acts as a safeguard. Therefore, it is in line with our commitment for comprehensive 
and fair approach to the coverage.  
 
Annex 4 – Goods  
 
6. Ukraine would like the Republic of Macedonia to provide justification whether all 
goods that are subject of procurement by entities covered under Annexes 1, 2 and 3 are 
listed in Annex 4?  
a. If no, please provide the explanation fo r what criteria was chosen for exclusion 
the goods from Annex 4.  
Pursuant to point 1 of Annex 4, this Agreement covers the procurement of all goods 
procured by the entities listed in Annexes 1 through 3, unless otherwise specified in this 
Agreement. Point 2 stipulates some reservations regarding contracts procured by the 
Ministry of Defence and Agencies for defence or security activities in the Republic of 
Macedonia. This approach is in line to the already established coverage by existing GPA 
Parties.  
 
Anne x 5– Services  
 
7. Ukraine would like the Republic of Macedonia to provide justification whether all 
services that are subject of procurement by entities covered under Annexes 1, 2 and 3 are 
listed in Annex  5? GPA/ACC/MKD/9  
 
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  a. If no, please provide the explanation for what cri teria was chosen for exclusion 
the services from Annex 5.  
When defining coverage of services, the Republic of Macedonia has opted for an approach 
in line with EU approach and deriving from Macedonia 's status of EU candidate country. 
This approach has alrea dy been used by other GPA Parties with similar relations with the 
EU. 
 
Annex 7 – General Notes  
 
8. Ukraine would like the Republic of Macedonia to provide additional information 
about agricultural support programs and human feeding programs, which are not cov ered 
by the Agreement.  
The Republic of Macedonia does not apply such agricultural support programs today, but there are 
initiatives to introduce school feeding support programs for the future.  
 
9. Ukraine would like the Republic of Macedonia to provide justification and criteria of 
excluding procurement by procuring entities covered under Annexes 1 and 2 in connection 
with activities in the fields of drinking water, energy, transport and the postal sector from 
under the Agreement.  
When defining the above  exclusion, the Republic of Macedonia has opted for an approach in line with 
EU approach and deriving from Macedonia 's status of EU candidate country. This approach has 
already been used by other GPA Parties with similar relations with the EU.  
 
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