Commission`s Opinion – EU acquis Chapter 5

Some level of preparation (2)

Overall, Ukraine has some level of preparation in the area of public procurement. It needs to further align its legislation in this area with the EU acquis, especially on concessions and public-private partnerships, defence procurement, and some provisions on exclusion, the selection of economic operators and the use of the most economically advantageous tender that gives precedence to price. Public procurement control is complex and weak due to lack of staff, overlapping responsibilities, suboptimal quality of control and enforcement. The implementation of public procurement under martial law should enable the smooth and quick, but also the transparent, fair and competitive award of procurement contracts and the efficient management and oversight of concluded contracts. The need to speed up the procurement process should not affect legal protection in public procurement processes. The selection and appointment of public procurement commissioners should be finalised.