US embassy cable - 04BRATISLAVA197

UNCLAS  BRATISLAVA 000197 
 
SIPDIS 
 
 
DEPT FOR EB/TPP/MTA/MST ADILWORTH 
 
DEPT PASS TO USTR FOR JGRIER 
 
USDOC FOR JLIUZZI 
 
E.O. 12958: N/A 
TAGS: EAGR, ECON, ETRD, PREL, LO, EU, WTO 
SUBJECT: EU ENLARGEMENT AND WTO GOVERNMENT PROCUREMENT 
AGREEMENT (GPA) 
 
REF: STATE 29307 
 
1.  The following is post's submission of updated GPA 
information for Slovakia, per reftel, under Directive 93/37. 
 
2.  The procuring entity (contracting authority) is defined 
in Art. 4, of Act No. 523/2003, as: 
 
a) the Slovak Republic represented by a state administration 
body, a body or an authority executing state affairs, 
b) a municipality or a higher territorial unit, 
c) any other organization governed by public law (a legal 
person established for public interest needs, which does not 
have industrial or commercial character and 1) is financed, 
wholly or for the most part, by the contracting authority 
(a) through (c), or 2) is subject to management or control 
by the contracting authority under (a) through (c), or 3) 
more than half of whose members of the managerial or 
supervisory board are appointed or elected by the 
contracting authority in accordance with paragraph 1 (a) 
through (c). 
d) an association of legal persons whose member is at least 
one of the contracting authorities referred to in (a) 
through (c). 
 
3.  Any legal entity or a physical person shall be obliged 
to proceed in the selection of a contractor in accordance 
with this Act in case that a contracting authority under a)- 
d) has provided more than 50 % of funds for defined works 
(listed in Annex 2 of the Act) in the group of structural 
engineering and works related to the construction of 
hospitals, sports facilities, recreational resorts, schools, 
universities and buildings used for administrative purposes, 
and for services relating to a works contract."  (Note: The 
new law on Public Procurement  No. 523/2003 Z.z. was 
approved by Slovak Parliament on October 24, 2003.  This Act 
fully transposes the following directives: 
     a.   Council Directive 93/36/EEC of 14 June 1993 
coordinating procedures for the award of public supply 
contracts (Public Supply Directive) 
     b.   Council Directive 93/37/EEC of 14 June 1993 
concerning the coordination of procedures for the award of 
public works contracts (Public Works Directive) 
     c.   Council Directive 92/50/EEC of 18 June 1992 
relating to the coordination of procedures for the award of 
public service contracts (Public Service Directive) 
     d.   Council Directive 93/38/EEC of 14 June 1993 
coordinating the procurement procedures of entities 
operating in the water, energy, transport and 
telecommunications sectors (Public Utilities Directive) 
     e.   Council Directive 89/665/EEC of 21 December 1989 
on the coordination of the laws, regulations and 
administrative provisions relating to the application of 
review procedures to the award of public supply and public 
works contracts (Public Remedies Directive) 
     f.   Council Directive 92/13/EEC of 25 February 1992 
coordinating the laws, regulations and administrative 
provisions relating to the application of Community rules on 
the procurement procedures of entities operating in the 
water, energy, transport and telecommunications sectors 
(Public Utilities Remedy Directive) 
     g.   European Parliament and Council Directive 97/52/EC 
of 13 October 1997 amending Directives 92/50/EEC, 93/36/EEC 
and 93/37/EEC concerning the coordination of procedures for 
the award of public service contracts, public supply 
contracts and public works contracts respectively 
     h.   Directive 98/4/EC of the European Parliament and 
of the Council of 16 February 1998 amending Directive 
93/38/EEC coordinating the procurement procedures of 
entities operating in the water, energy, transport and 
telecommunications sectors). 
 
4.  In the following four annexes of Directive 93/37, the 
procuring agency is defined in: 
 
ANNEX I. - water 
Article 5 Para 1 and 2 of Act No. 523/2003 Z.z. on Public 
Procurement, 
 
ANNEX II. - electricity 
Article 5 Para 1 and 2 of Act No. 523/2003 Z.z. on Public 
Procurement, 
 
ANNEX VII - urban railway. 
Article 5 Para 1 and 2, letter c) of Act No. 523/2003 Z.z. 
on Public Procurement, 
 
ANNEX VIII - Aiports 
 
 
Article 5 Para 1 and 2, letter c/2 of Act No. 523/2003 Z.z. 
on Public Procurement. 
 
5.  Add the following offices to Appendix I - Central 
Government Entities 
 
FOND NARODNQHO MAJETKU SR (National Property Fund) 
NARODNA BANKA SLOVENSKA ( National Bank SR) 
NARODNY INSPEKTORAT PRACE (National Labor Inspectorate) 
SLOVENSKQ DOKUMENTAENQ A INFORMAENQ STREDISKO SOCIALNEJ 
OCHRANY (The Slovak Documentation and Information Center for 
Social Protection 
SLOVENSKY METROLOGICKY USTAV (Slovak Institute of Metrology) 
SLOVENSKY USTAV TECHNICKEJ NORMALIZACIE (Slovak Institute 
for Standardization) 
SPRAVA STATNYCH HMOTNYCH REZERV SR (Administration of State 
Material Reserves) 
URAD DAOOVQHO PREVEROVANIA (Office for Tax Audits) 
URAD JADROVQHO DOZORU (Office for Nuclear Supervision) 
URAD PRE REGULACIU SIE_OVYCH ODVETVI ( Office for regulation 
of utilities - production and distribution of electricity, 
gas, heating and drinking water) 
URAD PRE VYBRANQ DAOOVQ SUBJEKTY (Office for Selected Tax 
Payers) 
VYSKUMNY USTAV PRACE, SOCIALNYCH VECI A RODINY (Research 
Institute for Labor, Social Affairs and Family) 
 
Regional Offices of the Central Government: 
 
SLOVENSKA TELEVIZIA (Slovak Television) 
SLOVENSKY ROZHLAS (Slovak Radio) 
TLAEOVA AGENTURA SR (Press Agency SR) 
 
THAYER 
 
 
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