ppn minutes - Public Procurement Network

supplier the idea why they want to keep it. They can have the control of the whole
and they can choose another supplier for the same IPR. Recommendation from the
working group on innovations (the Wilkinson Group) says you cannot do that
otherwise you have to pay for the whole development. If not you can negotiate and
sell the IPR to the 2 nd or 3 rd market for the suppliers. I did this already in the 1970’s
with the Swedish Telecom and we actually sold away the IPR to the suppliers. There
is a risk though of monopolizing the market.
FOURTH PANEL OF THE AGENDA:
PRESENTATION OF PUBLIC PROCUREMENT SYSTEMS IN THE NEW MEMBER
STATES.
Ms Monika Dimitrova, Public Procurement Agency, Bulgaria
THE LEGAL FRAMEWORK IN THE FIELD OF PUBLIC CONTRACTS IN
BULGARIA. ROLE AND FUNCTIONS OF THE PUBLIC PROCUREMENT AGENCY.
The Public Procurement is part of the business environment of each country,
because the State is one of the greatest consumers in the field of works, supplies
and services, which is the importance of the public procurement as it stated in the
new Directives. Using the mechanisms of Public Contracts, the State has a great
impact on define market. It gives also a new opportunity for the business. Thus, it is
necessary to have clear and transparent rules for awarding of public contracts. The
clear rules are ensured in national legislation. In order to ensure the transparency,
there is register where the information is published officially and accessible to the
public. The main purposes of the legislation in the field of public procurement are:
increase of the competitiveness in the field of public contract market, to lower the
prices and to give the best quality for these. This phrase is known as “best value for
money”.
Ms Monika Dimitrova presented briefly the Bulgaria in a pre-accession period had to
fulfill some requirements. First of all Bulgaria had to set up a responsible body on the
national level that was to deal with the public procurements. The responsible
authority is the Ministry of Economy and Energy, which is supported of course by
specialized body called Public Procurement Agency. The agency was established in
2004. Its main purpose is to assist the Ministry in implementing national policy in the
field of public contracts.
The second important component was the National Strategy 2005-2007. The last, but
not less important component was the amendment of domestic law in line with the
new European Union Legislation. Bulgarian national strategy is not only in the field of
public contracts, but also cassation. According to Bulgarian tradition in the legislation,
cassation law and public contract law are in different acts. Both issues were covered
by the Strategy adopted by the Council of Ministers in November 2005.
One of the main purposes which had to be accomplished was the legislation in
conformity with the European law in the field of public contract. The second one is the
implementation of principles: transparency, fair competition, equal treatment, non
discrimination which are enclosed in the Directives. The third purpose was
strengthening and developing the capacity in the system of public contracts. Not only
the capacity of the Agency, because it was newly established, but also the system as
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