A Comparison on the EC Procurement Directives and the UNCITRAL Model Law

This chart compares the EC Procurement Directives and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Most central and eastern European countries used the Model Law as the basis of their public procurement laws in the early 1990s. Now that many countries of the region are candidates for EU accession, they must adapt their laws to EC Directives. The aim of the chart is to assist in that process. The EC Procurement Directives were introduced into the European Union to further the EU’s policy of enabling enterprises from all EU states to compete fairly in public procurement markets. The most important objective of this policy is to prevent discrimination by procuring entities in favour of their own national enterprises. The EC Directives support this by, inter alia, requiring major contracts to be advertised, open to competition, and awarded through transparent procedures. These conditions make it difficult to disguise discrimination. The UNCITRAL Model Law on Procurement of Goods, Construction and Services sets out procedures for the award of public contracts. It is designed for the use of countries introducing procurement laws, or reforming their procurement systems, with the aims of achieving economy and efficiency in public procurement and reducing corruption. The Model Law also seeks to promote international competition in public procurement markets. States should in general seek these objectives by advertising and holding a competition for procurements, and awarding contracts through transparent procedures.