Turkey : Country Procurement Assessment Report
Public procurement legislation in Turkey has not kept pace with the sweeping reforms undertaken in the national procurement systems of many other countries during the same period nor with the development of internationally recognized bodies of proc...
| Main Author: | |
|---|---|
| Format: | Country Procurement Assessment (CPAR) |
| Language: | English en_US |
| Published: |
Washington, DC
2013
|
| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/2001/06/3348322/turkey-country-procurement-assessment-report http://hdl.handle.net/10986/14326 |
| Summary: | Public procurement legislation in Turkey
has not kept pace with the sweeping reforms undertaken in
the national procurement systems of many other countries
during the same period nor with the development of
internationally recognized bodies of procurement
legislation, such as those of United Nations Commission on
International Trade Law (UNCITRAL), the European Union (EU)
and the World Trade Organization (WTO). Following
Turkey's acceptance, in December 1999, as a candidate
country for accession to the EU, the Government has
committed itself to achieving approximation and, eventually,
alignment with EU law in many areas, including public
procurement. To that end, the MOF and MPWS have already
begun the process of drafting a new public procurement law,
a draft of which has already been promulgated within
Government and on which both the World Bank and the European
Commission have offered their comments. Clearly, it is
essential that this new draft law should not only make up
the ground lost in the 17 years since the GPL was last
amended but also bring the Turkish law up to date with
recognized models of best practice and achieve an
appropriate degree of approximation with the EU Directives.
However, it is unlikely that approximation, let alone full
alignment, can be achieved with a single reform of the law.
Rather, it is recommended that the Government should aim to
develop a new public procurement law which meets the
standards of transparency, accountability and
competitiveness set by the UNCITRAL Model Law but which also
balances the need to prepare a path towards increasing
harmonization with the EU Procurement Directives. This
report also recommends that: 1) The Government should make
it a top priority to draft a new national public procurement
law and submit it to the Turkish Grand National Assembly by
October 2001. This new law should meet the standards of
transparency, accountability and competitiveness enshrined
in the UNCITRAL Model Law. The new draft law should be
developed with appropriate input from Turkey's key
development partners, primarily the World Bank and the
European Union, and should be discussed and agreed with
them. The new law should also be underpinned by detailed
implementing regulations, to be developed and issued shortly
after the enactment of the new law. 2) The scope of the law
should cover all public procurement for which budgetary
resources (such as the general and annexed budgets) and
extra-budgetary resources are used, including the
non-commercialized stat economic enterprises. 3) In drafting
and enacting the new public procurement law, the Government
should ensure an adequate level of consultation with both
the public and private sectors. To achieve this, an
inter-ministerial Drafting Committee should be entrusted
with responsibility for drafting the new public procurement
law and should be supported by specialist international
procurement law experts. 4) To complement these measures,
the Government should put in train a planned and progressive
program of legislative reform in order to move Turkey's
public procurement legislation, over the medium term, to
alignment with the EU Procurement Directives by the time
Turkey accedes to the European Union. |
|---|