Press Release

Regulations on confidential procurements are not in compliance with the Law

Transparency – Serbia states that regulations that regulate confidential procurements for the police, army and Security Information Agency are not in compliance with regulations of the new Public Procurement Law. Although in the cases of confidential procurements of stated institutions Law must be implemented, as Act that is legally superior to regulation, practice probably shows different because confidential procurements are not subjected to efficient external control.

Stated regulations – last one was adopted after new Law became effective, anticipate that legal procedure should not be implemented to procurements of certain types of mobilities, but instead of that procedure without public announcements. However, new Public Procurement Law does not allow absolute exceptions by type of goods procured, but ordains that in every specific case, before establishing of confidentiality, determining whether „knowledge of unauthorized persons that such procurements are conducted, or knowledge of whether procurement subjects have certain specifications or that they are handled by certain bidder, would endanger safety of state and citizens. “

Having that in mind, we consider that Government should urgently change these illegal provisions.

Transparency – Serbia

3. April 2009.