Montenegro - Otras entidades - Annex 3 doc report

Thresholds for: SDR
Bienes 400,000
Servicios 400,000
Servicios de construcción 5,000,000
National Currencies

1 All contracting entities whose procurement is covered by the public procurement legislation of Montenegro which are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings1 and which have as one of their activities any of those referred to below or any combination thereof: show more/less

a the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks;

b the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity or the supply of electricity to such networks;

c the provision of airport or other terminal facilities to carriers by air;

d the provision of maritime or inland port or other terminal facilities to carriers by sea or inland waterway;

e the provision or operation of networks2 providing a service to the public in the field of transport by urban railway, automated systems, tramway, trolley bus, bus or cable.

f the provision or operation of networks providing a service to the public in the field of transport by railways.3

  • 2 An indicative list of contracting authorities and public undertakings fulfilling the criteria set out above follows.
    • 1 Electric Power Company of Montenegro (EPCG)
      • 2 Montenegrin Electric Power Transmission System JSC Podgorica
        • 3 Montenegrin Electric Energy Market Operator
          • 4 Airports of Montenegro
            • 5 Railway Infrastructure of Montenegro
              • 6 Railway Transport of Montenegro
                • 7 Monteput Ltd. Podgorica
                  • 8 Montecargo JSC Podgorica
                    • 9 Montenegro Post
                      • 10 PC Regional Water Supply System for Montenegrin Coast, Budva
                        • 11 Zeta Energy Ltd. Danilovgrad

                        1 Procurement for the pursuit of an activity listed above when exposed to competitive forces in the market concerned are not covered by this Agreement.

                        2 This Agreement does not cover procurement by procuring entities included in this Annex: show more/less

                        a for the purchase of water and for the supply of energy or of fuels for the production of energy;

                        b for purposes other than the pursuit of their activities as listed in this Annex or for the pursuit of such activities in a non-EEA country;

                        c for purposes of re-sale or hire to third parties, provided that the procuring entity enjoys no special or exclusive right to sell or hire the subject of such contracts and other entities are free to sell or hire it under the same conditions as the procuring entity.

                        3 The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting authority shall not be considered as an activity within the meaning of paragraphs a. or b. of this Annex where: show more/less

                        a the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs a. to f. of this Annex; and

                        b supply to the public network depends only on the entity's own consumption and has not exceeded 30% of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.

                        4.I I. Provided that the conditions in paragraph II are met, this Agreement does not cover procurement: show more/less

                        a by a procuring entity to an affiliated undertaking4, or

                        b by a joint venture, formed exclusively by a number of procuring entities for the purpose of carrying out activities within the meaning of paragraphs a. to f. of this Annex, to an undertaking which is affiliated with one of these procuring entities.

                        II. Paragraph I shall apply to services or supplies contracts provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to services or supplies for the preceding three years derives respectively from the provision of such services or supplies to undertakings with which it is affiliated.5

                        5 This Agreement does not cover procurement: show more/less

                        a by a joint venture, formed exclusively by a number of procuring entities for the purposes of carrying out activities within the meaning of paragraphs a. to f. of this Annex, to one of these procuring entities, or

                        b by a procuring entity to such a joint venture of which it forms part, provided that the joint venture has been set up to carry out the activity concerned over a period of at least three years and the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period.

                        6 The following shall not be considered as covered procurement: show more/less

                        a procurement by procuring entities operating in the fields of: show more/less

                        i production, transport or distribution of drinking water covered under this Annex;

                        ii production, transport or distribution of electricity covered under this Annex;

                        iii airport facilities covered under this Annex;

                        iv maritime or inland port or other terminal facilities covered under this Annex; and

                        v urban railway, tramway, trolley bus or bus services covered under this Annex in regard of supplies, services, suppliers and service providers from Canada;

                        b procurement by procuring entities operating in the field of production, transport or distribution of drinking water covered under this Annex in regard of suppliers and service providers from the United States;

                        c procurement by procuring entities operating in the field of maritime or inland port or other terminal facilities covered under this Annex of dredging services or related to shipbuilding in regard of suppliers and service providers from the United States;

                        d procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;

                        e procurement by procuring entities operating in the field of airport facilities covered under this Annex in regard of suppliers and service providers from the United States and Korea;

                        f procurement by procuring entities operating in the field of urban railway, tramway, trolleybus or bus services covered under this Annex in regard of suppliers and service providers from the United States;

                        g procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;

                        h procurement by procuring entities operating in the field of railways covered under this Annex in regard of goods, suppliers, services and service providers from Armenia; Canada; Japan; the United States; Hong Kong, China; Singapore and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu;

                        i procurement by procuring entities operating in the field of high-speed railways and high-speed railways infrastructure in regard of goods, suppliers, services and service providers from Korea;

                        j procurement by procuring entities covered under this Annex of good or service components of procurement which are not themselves covered procurement in regard of suppliers and service providers from the United States;

                        k procurement by procuring entities operating in the field of production, transport or distribution of electricity covered under this Annex in regard of suppliers and services providers from Japan;

                        l procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 8504, 8535, 8537 and 8544 (electrical transformers, plugs, switches and insulated cables) in regard of suppliers from Korea;

                        m procurement by procuring entities operating in the field of production, transport and distribution of electricity covered under this Annex of HS Nos 85012099, 85015299, 85015199, 85015290, 85014099, 85015390, 8504, 8535, 8536, 8537, and 8544 in regard of suppliers from Israel;

                        n procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel;

                        until such time, Montenegro has accepted that the Parties concerned provide satisfactory reciprocal access to Montenegrin goods, suppliers, services and service providers to their own procurement markets.

                        7 The provisions of Article XVIII shall not apply to suppliers and service providers of Japan, Korea and the US in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are small or medium sized enterprises under the relevant provisions of Montenegrin law, until such time as Montenegro accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses.

                        The provisions of Article XVIII shall not apply to Japan and Korea in contesting that award of contracts by Montenegrin entities, whose value is less than the threshold applied for the same category of contracts awarded by these Parties.

                        8 The following shall not be considered as covered procurement: show more/less

                        a procurement by procuring entities operating in the field of urban transport covered under this Annex of the following goods and services: show more/less

                        i H.S. 44.06 Railway or tramway sleepers of (cross-ties) wood;

                        ii H.S. 68.10 Railway or tramway sleepers of concrete and concrete guide-track sections for hovertrains;

                        iii H.S. 73.02 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole plates (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails;

                        iv H.S. 85.30.10 Electrical signalling, safety or traffic control equipment for railways, tramways;

                        v H.S. Chapter 86 - Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds;

                        vi Construction work for civil engineering for railways falling under CPC prov. 51310 (Construction work for civil engineering for highways (except elevated highways), streets, roads, railways and airfield runways);

                        vii Construction work for civil engineering for railway tunnels and subways falling under CPC prov. 51320 (Construction work for civil engineering for bridges, elevated highways, tunnels and subways);

                        viii Repair and maintenance services of locomotives (including reconditioning), rolling stock (including reconditioning), railway tracks, traffic signals and installation services of railway engines falling under CPC prov. 88680 (Repair services of other transport equipment, on a fee or contract basis).

                        in regard of suppliers and service providers from Japan,

                        until such time as Montenegro has accepted that Japan has fully open its procurement of urban transport to Montenegrin suppliers, supplies, service providers and services.

                        1 A public undertaking is any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.
                        A dominant influence on the part of the contracting authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking:
                        i. hold the majority of the undertaking's subscribed capital, or
                        ii. control the majority of the votes attaching to shares issued by the undertaking, or
                        iii. can appoint more than half of the undertaking's administrative, management or supervisory body.

                        2 As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of an EU Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service.

                        3 E.g. the provision or operation of networks (within the meaning of footnote 4) providing a service to the public in the field of transport by high-speed or conventional trains.

                        4 "affiliated undertaking" means any undertaking over which the procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.

                        5 When, because of the date on which an affiliated undertaking was created or commenced activities, the turnover is not available for the preceding three years, it will be sufficient for that undertaking to show that the turnover referred to in this paragraph is credible, in particular by means of business projections.