RESTRICTED  
  
GPA/ACC/MDA/20  
 
10 October 2014  
(14-5780)  Page: 1/2  
Committee on Government Procurement  Original: English  
 
ACCESSION OF THE REPUBLIC OF MOLDOVA TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM THE EUROPEAN UNION 
The following communication, dated 8 October 2014, is being circulated at the request of the 
Delegation of the European Union.  
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COMMENTS FROM THE EUROPEAN UNION REGARDING THE THIRD REVISED  
APPENDIX I OFFER OF THE REPUBL IC OF MOLDOVA (GPA/ACC/MDA/17) 
The European Union (EU) congratulates the Republic of Moldova for its efforts to accede to the 
Agreement on Government Procurement and appreciates the submission of its third revised offer 
on 24 June 2014 (GPA/ACC/MDA/17). The third revised offer appears to be very meaningful. Subject to some further modifications it could be considered satisfactory. 
 
The EU hereby submits its comments seeking furt her improvements in Moldova's third revised 
offer. The EU reserves the right to withdraw, amen d, reduce or extend its revised request in the 
light of negotiations with Moldova and the revised requests from other GPA Parties. 
 The EU would welcome some changes in the offer to align with the level of the EU commitments under the GPA. The improvements that the EU considers necessary are indicated below. 
 
Annexes 1, 2 and 3 - Transitory period  
1.  In Annexes 1, 2 and 3 Moldova provides for thresholds which correspond to the EU ones. 
However, Moldova applies a transitory period of 2 ye ars for their application, i.e. higher thresholds 
in the first and second year after accession. We invite Moldova to further consider the necessity of 
such transitory periods with a view to possibly reduce them further. 
Annex 1 
 2.  The EU considers that Moldova should delete the reference to article 24 of its national Law on 
Government, in particular the following sentence as it as it creates ambiguity: "This list refers to 
all central government entities, subordinated organizations and their successors in title as defined in Article 24 of Law on Government No 64-XII of  31 May 1990 with all its subsequent amendments 
and modifications." The reference to successors in title of the central government entities gives the 
impression that subsequent modifications are covered. This should not be the case. Furthermore, the reference to the national law with all its subsequent amendments and modifications could be 
misleading as it is unclear whether it includes the modifications prior to the GPA accession or also 
subsequent ones.  
Annex 3 
 
3.  The EU positively notes that Moldova has offered in its third revised offer also utilities operating 
in the railways sector which addresses the request expressed by the EU.  GPA/ACC/MDA/20 
 
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  4.  Regarding note 3 to Annex 3, the reference made to the relevant EU Directive on procurement 
in the utilities sector should be to EU Directive 2014/25/EU1 following the revision of the directive. 
Annex 6 
 
5.  There is no indication for a threshold regarding construction services. Moldova should specify 
the applicable threshold for the provided construc tion services. It should be aligned with the 
applicable EU threshold. 
Annex 7 
 6.  Currently Moldova has included several notes which are overlapping with the provisions on exclusion of the revised GPA.  In its second revised offer, Moldova includes a clarification that those 
notes would be dropped automatically once the revi sed GPA enters into force. As the revised GPA 
entered into force for the majority of Parties in cluding the EU, those notes should be removed. 
However, we note that note 1 corresponding to  Article II (3)(e) of the revised GPA; note 4 
corresponding to Article II (3)(b); note 5 corresponding to Article II (3)(c ); note 6 corresponding 
to Article II (3)(d) and 7 corresponding to Article II (3)(a) are still part of Annex 7 of the third revised offer. Note 2 concerns the provision of services and should be included under Annex 5. 
 
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1 Directive 2014/25/EU of the European Parliame nt and of the Council of 26 February 2014 on 
procurement by entities operating in the water, energy , transport and postal services sectors and repealing 
Directive 2004/17/EC.