Kyrgyzstan will amend the law on public procurement to harmonise with the EAEU

On 30 September in Yerevan on the margins of the III Eurasian Economic Forum, the Minister of Competition and Antimonopoly Regulation of the Eurasian Economic Commission Maxim Yermolovich held a meeting of the Advisory Committee on State (Municipal) Procurement. 

The meeting reviewed the results of monitoring the legislation of member states in the field of public procurement for compliance with the law of the Eurasian Economic Union (EAEU). The meeting participants agreed on 20 inconsistencies that do not require mandatory amendments to the EAEU Treaty and the laws of the member states, as they do not affect the mutual participation of the parties' businesses in public procurement.

It was also agreed that it is necessary to elaborate amendments to the EAEU Treaty on 22 identified inconsistencies within six months. The Kyrgyz Republic undertook to amend the national legislation on one non-compliance. In addition, the members of the Advisory Committee discussed the results of consultations with the countries of the Union on the application of paragraphs 6 and 14 of Annex No. 3 to the Protocol on Procurement Regulation of the EAEU Treaty.

Regarding the application of paragraph 6, the members of the Committee agreed that this rule applies to the possibility of single-source procurement from a person whose exclusive powers are defined by an act of the state in a particular sector (except for acts in the field of public procurement). As to the application of paragraph 14, it was agreed that the act adopted under it should, first, define the specific subject matter of the procurement and its precise subject matter and, second, not be an act granting an exemption from national treatment.