PUBLIC CALL for Submission of applications for Establishment of a Status of an Investment Project

Институција која огласува: 
Government of North Macedonia
Рок на пријавување: 
31.01.2021

1. SUBJECT  

1.1 This Public Call is announced in accordance with the Law on Strategic Investments in the Republic of North Macedonia, regulating the application criteria, conditions and procedure, determination of a status, selection, preparation and implementation of investment projects of the highest strategic priority for the country (hereinafter: Strategic Investment Projects), with the aim of encouraging, attracting and creating conditions for the implementation of strategic investments in the Republic of North Macedonia, an increase in the economic growth, employment and application of new technologies and innovations, enhancement of the competitive economic opportunities of the Republic of North Macedonia, an increase of the exports and a decrease in the trade deficit and improvement of the wellbeing and living conditions of the citizens of the Republic of North Macedonia, in line with the principles of free movement of goods, services and capital, free competitiveness and equal treatment, non-discrimination and transparency.
1.2 The procedure of obtaining a status of a Strategic Investment Project shall be implemented by all parties in a fair, transparent and non-discriminating manner, with active participation on part of the expert and wider community, in the manner as set forth in the act of Article 11 of the Law on Strategic Investments.

 
GENERAL INFORMATION

2. DEFINITIONS

2.1 A Strategic Investment Project shall be a project meeting one or more objectives of item 1.1 of the Public Call and including the realization of an investment of at least 100 million Euros on the territory of at least two or more municipalities, and not less than 50 million Euros in municipalities with their seat in a city, the municipalities of the city of Skopje and the city of Skopje, and not less than 30 million Euros in municipalities with their seat in a village. 
2.2 Under exception of item 2.1., Strategic Investment Projects shall also include projects implemented as part of agreements between states, projects implemented and funded in cooperation with the European Union, the Ministerial Council of the Energy Community, PECI – Project of Energy Community Interest, PMI – Project of Mutual Interest, and PCI– Project of Common Interest, as well as those implemented with international financial institutions, with the investor being a state administration organ, public enterprises established by the state or municipalities, as well as trade companies in full or partial ownership of the state and the municipalities, the municipalities in the city of Skopje and the city of Skopje and other little entities established by the Republic of North Macedonia or the municipalities.

 

3. GENERAL REQUIREMENTS FOR OBTAINING A STATUS OF A STRATEGIC INVESTMENT PROJECT

3.1 The implementation of Strategic Investment Projects is in the public interest. Strategic Investment Projects shall cumulatively meet the following requirements: 
3.1.1 The investments proposed must be aligned with the environmental standards set forth in the laws of the Republic of North Macedonia,
3.1.2. The investments proposed shall not be contrary to the Constitution of the Republic of North Macedonia and the laws and obligations arising out of international agreements ratified in accordance with the Constitution,
3.1.3 Public strategic projects must be in line with the strategic priorities of the Government of the Republic of North Macedonia. The status of a Strategic Investment Project may be established under the conditions and procedures stipulated by this law for projects in the following areas:

  • Energy and infrastructure;
  • Transport and telecommunications;
  • Tourism;
  • Processing industry;
  • Agriculture, forestry and water economy;
  • Food industry;
  • Healthcare;
  • Industrial and technological parks;
  • Waste waters and waste management;
  • IT zones;
  • Sports;
  • Science and education;
  • Construction of large multifunctional building structures on construction facilities containing within their structure more than one of the areas stated under this item.

 

3.1.4 Under exception of item 3.13, for the purpose of obtaining a Strategic Investment Project, a status of a Strategic Investment Project shall also be granted to projects in areas not included above, where the investment exceeds an amount of 150 million euros in a denar counter-value.

 
 
4. RIGHT TO PARTICIPATION

4.1 The right to participation in the Public Call shall be acquired by legal entities (national and international) meeting the requirements and possessing the documents required for obtaining a status of a Strategic Investment Project as established in the form of application for a status of a Strategic Investment Project set forth by the Government. 

4.2. The application of item 4.1 shall in particular be also accompanied by:

  • an investment business plan or a feasibility study for public strategic projects, including a risk analysis, an investment financial plan, and an operational program for the implementation of the Strategic Investment Project throughout the investment,
  • borrowing consent in the sense of the Law on Public Debt for Public Strategic Investment Projects,
  • micro and macro location conditions of the investment,
  • an audit report on the entity making the investment over a certain time period and an audit report on the company owning the entity making the investment,
  • a detailed portfolio of the entity making the investment, including its subsidiaries,
  • a reference list of the investor’s experience with similar projects,
  • description of the manner and sources of financing the project,
  • evidence of financial ability to implement the Strategic Investment Project, which shall contain an audited annual financial statement for the year preceding the year of application, or annual reports presented in prescribed forms for investors not subject to auditing, partial reports on the quarter preceding the submission of application and creditworthiness statements not older than 30 days,
  • consent of the strategic investor authorizing the Committee  to conduct inspections and controls of the data presented in the portfolio of the strategic investor,
  • annual accounts of the strategic investor and of the company owning the strategic investor (balance sheet, income statement and cash flow statement) for the past three financial years,
  • a performance bank guarantee for the implementation of a Strategic Investment Project amounting to 3% of the private investment’s value,
  • a statement of confirmation confirming that the investor has settled all due liabilities, pension and health insurance liabilities and other public charges not older than 30 days,
  • a statement of confirmation confirming that no bankruptcy or liquidation procedure has been initiated. 

  

5. DELIVERY OF APPLICATIONS 

5.1 The application in the defined Form (download here), along with the complete documentation set forth in item 4 of the Public Call shall be delivered in one original counterpart, signed by the responsible person and addressed to the General Secretariat of the Government of the Republic of North Macedonia in one of the following ways:

  • In an enclosed envelope by mail to the following address: 2 Ilindenska Blvd. – Skopje or to the archives of the General Secretariat of the Government of the Republic of North Macedonia every business day between 8:00 am and 4:00 pm. 
  • The wording “DO NOT OPEN” shall be written on the front of the envelope, with the wording “for a public call for establishment of a status of a strategic investment project” written beneath it. 

5.2. The application, as well as the entire documentation and correspondence related to the application, shall be in Macedonian.
 

6. IMPLEMENTATION OF A SELECTION PROCEDURE 

6.1 1 Projects acquire the status of a Strategic Investment Project upon the proposal of the Strategic Investment Projects Committee, the composition, competencies and manner of operation of which are determined by the Law on Strategic Investments in the Republic of Northern Macedonia.
6.2 Within 30 business days from the day of submission of the entire documentation for obtaining the status of a Strategic Investment Project, the Strategic Investment Projects Committee shall evaluate the documents submitted and shall perform a technical, financial and legal assessment of the project file.
6.3 In case the documentation is found incomplete, the Committee shall address the strategic investor in writing or electronically, requesting that the latter supplements the application with all the documents and data required. The applicant must complete the documentation within ten days from the date of receipt of the notification.
6.4 In case the strategic investor fails to act within 10 days, the Committee shall - within five days following expiry of the deadline for completing the documentation - notify the former that the application shall not be taken into consideration in the procedure for obtaining the status of a Strategic Investment Project.
6.5 If the Committee considers that the draft proposal meets the requirements of this Law, it shall make a recommendation to the Government to make a decision determining the status of a Strategic Investment Project within seven working days following submission of the recommendation.
6.6 Following the adoption of the decision determining the status of a Strategic Investment Project, the Committee shall furnish the competent ministry with a draft strategic investment project agreement as well as a draft law regulating the implementation of the Strategic Investment Project, except for the projects defined in item 2.2. submitted by the relevant ministry to the Government and the State Attorney's Office of the Republic of North Macedonia within seven working days following submission by the Committee, and the State Attorney's Office is obliged to provide an opinion on the draft agreement and the draft law within seven working days following the date of the request. 
6.7 The Government shall adopt a decision determining the status of a Strategic Investment Project and shall give consent to the draft strategic investment project agreement and shall determine the text of the draft law regulating the implementation of the Strategic Investment Project following a positive opinion received previously from the State Attorney's Office.
6.8 The Government shall adopt the decision determining the status of a Strategic Investment Project within seven days following the day of receipt of the Committee’s proposal.
6.9 The Government shall enter into the Strategic Investment Project Agreement within three days following the entry into force of the law regulating the implementation of the Strategic Investment Project or following the entry into force of the decision determining the status of a Strategic Investment Project defined in item 2.2.
6.10 The agreement for implementation of a public strategic investment project to be financed by means of borrowing in the form of a loan with or without a state guarantee shall be null and void if the borrowing consent cannot be renewed in terms of the Law on Public Debt at the moment of borrowing.

 

 

7. COMPULSORY AGREEMENT ELEMENTS 

7.1 The Strategic Investment Project Agreement shall in particular include the following elements:

  • name and registered offices of the strategic investor; 
  • name of the Strategic Investment Project; 
  • the established value of the capital to be invested, 
  • the type of the Strategic Investment Project;
  • the location at which the Strategic Investment Project shall be implemented; 
  • a description of the movable property onto which the Strategic Investment Project is to be implemented; 
  • deadlines for implementation of the rights and obligations assumed; 
  • manner of action in case of untimely issuance of documents in accordance with law;
  • deadlines and conditions of activation of the bank guarantee;
  • legal protection of the rights and obligations of the contractual parties;
  • dispute settlement provisions;
  • agreement cancellation provisions;
  • agreement termination provisions.

7.2 Agreements failing to include the elements of item 7.1 shall be null and void. 
 

8. IMPLEMENTATION OF STRATEGIC INVESTMENT PROJECTS 

8.1 For the purposes of realization of Strategic Investment Projects, the necessary approvals, permits, consents, licenses, authorizations, certificates and other documents issued in accordance with the special laws shall be issued within the deadlines determined under a law regulating the implementation of the Strategic Investment Project.
8.2 The deadline for obtaining a building permit for Strategic Investment Projects may not exceed 36 months from the date of acquiring the status of a Strategic Investment Project.
8.3 As an exception, if the Committee deems that the deadline will not be sufficient for obtaining a building permit, it may extend the deadline for a period not exceeding nine months, in the manner as determined in the act referred to in Article 11 paragraph 2 of the Law on Strategic Investments of the Republic of North Macedonia.
 

9. ADDITIONAL INFORMATION 
For any additional information, please contact the following address: gs@gs.gov.mк