Common use of Public Procurement Clause in Contracts

Public Procurement. 1. The Community and Serbia consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Serbian companies, whether established in the Community or not, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement. The above provisions shall also apply to contracts in the utilities sector once the government of Serbia has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Serbia has indeed introduced such legislation. 3. Community companies established in Serbia under the provisions of Chapter II of Title V shall, from the entry into force of this Agreement, be granted access to contract award procedures in Serbia under treatment no less favourable than that accorded to Serbian companies. 4. Community companies not established in Serbia shall be granted access to contract award procedures in Serbia pursuant to the Serbian Law on Public Procurement under treatment no less favourable than that accorded to Serbian companies at the latest five years after the entry into force of this Agreement. Upon the entry into force of this Agreement, Serbia shall convert any existing preference for domestic economic entities to a price preference and, within a period of five years, shall gradually reduce the latter in accordance with the following timetable: – the preferences shall not exceed 15 % by the end of the second year following the entry into force of this Agreement; – the preferences shall not exceed 10 % by the end of the third year following the entry into force of this Agreement; – the preferences shall not exceed 5 % by the end of the fourth year following the entry into force of this Agreement; and – the preferences will be completely abolished no later than the end of the fifth year following the entry into force of this Agreement. 5. The Stabilisation and Association Council shall periodically examine the possibility for Serbia to introduce access to contract award procedures in Serbia for all Community companies. Serbia shall report annually to the Stabilisation and Association Council on the measures they have taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement. 6. As regards establishment, operations, supply of services between the Community and Serbia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 49 to 64 are applicable.

Public Procurement. 1. The Community and Serbia consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Serbian companies, whether established in the Community or not, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement. The above provisions shall also apply to contracts in the utilities sector once the government of Serbia has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Serbia has indeed introduced such legislation. 3. Community companies established in Serbia under the provisions of Chapter II of Title V shall, from the entry into force of this Agreement, be granted access to contract award procedures in Serbia under treatment no less favourable than that accorded to Serbian companies. 4. Community companies not established in Serbia shall be granted access to contract award procedures in Serbia pursuant to the Serbian Law on Public Procurement under treatment no less favourable than that accorded to Serbian companies at the latest five years after the entry into force of this Agreement. Upon the entry into force of this Agreement, Serbia shall convert any existing preference for domestic economic entities to a price preference and, within a period of five years, shall gradually reduce the latter in accordance with the following timetable: – - the preferences shall not exceed 15 % by the end of the second year following the entry into force of this Agreement; – - the preferences shall not exceed 10 % by the end of the third year following the entry into force of this Agreement; – - the preferences shall not exceed 5 % by the end of the fourth year following the entry into force of this Agreement; and – - the preferences will be completely abolished no later than the end of the fifth year following the entry into force of this Agreement. 5. The Stabilisation and Association Council shall periodically examine the possibility for Serbia to introduce access to contract award procedures in Serbia for all Community companies. Serbia shall report annually to the Stabilisation and Association Council on the measures they have taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement. 6. As regards establishment, operations, supply of services between the Community and Serbia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 49 to 64 are applicable.

Public Procurement. 1. The Community EU and Serbia Kosovo consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Serbian From the entry into force of this Agreement, Kosovo companies, whether established in the Community EU or not, shall be granted access to contract award procedures in the Community EU pursuant to Community EU procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this AgreementEU companies. The above provisions shall also apply to contracts in the utilities sector once the government of Serbia Kosovo has adopted the legislation introducing the Community EU rules in this area. The Community EU shall examine periodically whether Serbia Kosovo has indeed introduced such legislation. 3. Community companies established in Serbia under the provisions of Chapter II of Title V shall, from From the entry into force of this Agreement, EU companies established in Kosovo under Chapter I of Title V shall be granted access to contract award procedures in Serbia Kosovo under treatment no less favourable than that accorded to Serbian Kosovo companies. 4. Community From the entry into force of this Agreement, EU companies not established in Serbia Kosovo under Chapter I of Title V shall be granted access to contract award procedures in Serbia pursuant to the Serbian Law on Public Procurement Kosovo under treatment no less favourable than that accorded to Serbian Kosovo companies at and EU companies established in Kosovo with the latest five years after exception of the entry into force of this Agreementprice preferences described in paragraph 5. 5. Upon From the entry into force of this Agreement, Serbia Kosovo shall convert any existing preference preferences for domestic economic entities Kosovo companies or EU companies established in Kosovo, and for contracts awarded under procedures following the criteria of the most economically advantageous tender and the lowest price, to a price preference and, and shall gradually eliminate the latter within a period of five years, shall gradually reduce the latter years in accordance with the following timetable: – - the preferences shall not exceed 15 % by the end of the second year following the entry into force of this Agreement; – - the preferences shall not exceed 10 % by the end of the third year following the entry into force of this Agreement; – - the preferences shall not exceed 5 % by the end of the fourth year following the entry into force of this Agreement; and – - the preferences will be completely abolished no later than the end of the fifth year following the entry into force of this Agreement. 6. Within two years from the entry into force of the Agreement, the SAC may review the preferences set out in paragraph 5 and decide to shorten the periods set out in paragraph 5. 7. The Stabilisation and Association Council Within five years from the entry into force of this Agreement, Kosovo shall periodically examine enact legislation to implement the possibility procedural standards provided for Serbia to introduce access to contract award procedures in Serbia for all Community companiesby the EU acquis. Serbia 8 Kosovo shall report annually to the Stabilisation and Association Council SAC on the measures they have it has taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement. 69. As regards establishment, operations, supply of services between the Community EU and SerbiaKosovo, and also Articles 50 to 66 shall apply. With regard to employment and movement of labour workers linked to the fulfilment of public contracts, the provisions EU acquis related to third country nationals shall apply as regards Kosovo citizens in the EU. With regard to EU nationals in Kosovo, Kosovo shall grant reciprocal rights to workers who are nationals of Articles 49 a Member State similar to 64 are applicablethose of Kosovo citizens in the EU, with regard to employment and movement of workers linked to the fulfilment of public contracts.

Public Procurement. 1. The Community and Serbia consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Serbian companies, whether established or not in the Community or notCommunity, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement. The above provisions shall also apply to contracts in the utilities sector once the government of Serbia has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Serbia has indeed introduced such legislation. 3. Community companies established in Serbia under the provisions of Chapter II of Title V shall, from the entry into force of this Agreement, be granted access to contract award procedures in Serbia under treatment no less favourable than that accorded to Serbian companies. 4. Community companies not established in Serbia shall be granted access to contract award procedures in Serbia pursuant to the Serbian Law on Public Procurement under treatment no less favourable than that accorded to Serbian companies at the latest five 5 years after the entry into force of this Agreement. Upon the entry into force of this Agreement, Serbia shall convert any existing preference for domestic economic entities to a price preference and, within a period of five 5 years, shall gradually reduce the latter in accordance with the following timetable: – the preferences shall not exceed 15 15% by the end of the second year following the entry into force of this Agreement; – the preferences shall not exceed 10 10% by the end of the third year following the entry into force of this Agreement; – the preferences shall not exceed 5 5% by the end of the fourth year following the entry into force of this Agreement; and – the preferences will be completely abolished no later than the end of the fifth year following the entry into force of this Agreement. 5. The Stabilisation and Association Council shall periodically examine the possibility for Serbia to introduce access to contract award procedures in Serbia for all Community companies. Serbia shall report annually to the Stabilisation and Association Council on the measures they have taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement. 6. As regards establishment, operations, supply of services between the Community and Serbia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 49 to 64 are applicable.

Public Procurement. 1. The Community and Serbia consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Serbian companies, whether established or not in the Community or notCommunity, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement. The above provisions shall also apply to contracts in the utilities sector once the government of Serbia has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Serbia has indeed introduced such legislation. 3. Community companies established in Serbia under the provisions of Chapter II of Title V shall, from the entry into force of this Agreement, be granted access to contract award procedures in Serbia under treatment no less favourable than that accorded to Serbian companies. 4. Community companies not established in Serbia shall be granted access to contract award procedures in Serbia pursuant to the Serbian Law on Public Procurement under treatment no less favourable than that accorded to Serbian companies at the latest five 5 years after the entry into force of this Agreement. Upon the entry into force of this Agreement, Serbia shall convert any existing preference for domestic economic entities to a price preference and, within a period of five 5 years, shall gradually reduce the latter in accordance with the following timetable: – the preferences shall not exceed 15 15% by the end of the second year following the entry into force of this Agreement; – the preferences shall not exceed 10 10% by the end of the third year following the entry into force of this Agreement; – the preferences shall not exceed 5 5% by the end of the fourth year following the entry into force of this Agreement; and – the preferences will be completely abolished no later than the end of the fifth year following the entry into force of this Agreement. 5. The Stabilisation and Association Council shall periodically examine the possibility for Serbia to introduce access to contract award procedures in Serbia for all Community companies. Serbia shall report annually to the Stabilisation and Association Council on the measures they have taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement. 6. As regards establishment, operations, supply of services between the Community and Serbia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 49 to 64 are applicable.