Udruga veterinara: AZTN potvrdio da poslovi javnih ovlasti nisu tržišno natjecanje

The Croatian Veterinary Association has confirmed that the Agency for Protection of Market Competition (AZTN) has officially stated that veterinary services carried out by public authorities are not subject to market competition. This determination comes after months of controversy surrounding a tender process initiated by the Ministry of Agriculture, Forestry and Fisheries, which aimed to consolidate veterinary services across the country. The AZTN’s official stance, issued on July 16, asserts that these services fall outside the scope of market competition regulations, effectively removing the agency's jurisdiction over the tender process. According to the association, the AZTN’s decision was made by the full Board of the Agency during a meeting held on the same day. The statement was signed by Mirte Kapural, the chairperson of the board. It clarifies that the Ministry of Agriculture, Forestry and Fisheries does not act as a business entity in this context because it does not engage in economic activity. Therefore, its actions in the tender process cannot be considered violations of market competition rules under the AZTN’s authority. The AZTN’s position further states that veterinary organizations performing tasks assigned by public authorities are not regarded as businesses either. These activities, tied to the execution of public duties, lack the commercial nature necessary for the application of market competition principles. This aligns with the practice of the European Court of Justice, according to the association. The AZTN’s statement emphasizes that all eligible entrepreneurs should have equal access to public tenders, regardless of their location, ensuring that the conditions of the tender do not create legal barriers to participation. It adds that the terms of the tender must primarily serve the purpose of public duties, namely, protecting animal health and implementing measures related to veterinary public health. The association points out that Minister of Agriculture, Forestry and Fisheries David Vlajčić has been defending the criteria of the tender for months, citing a legal framework that does not apply to these specific services. He has relied on an institution that has now clearly stated it has no jurisdiction over this process. The ministry had asked the AZTN on June 2 whether preference could be given to entities based in certain municipalities, requesting a response within three days. The agency answered explicitly, stating that its opinion pertained solely to the laws governing market competition and did not address the specific regulations governing veterinary services. On July 1, Minister Vlajčić referenced this opinion before cameras, yet in his statement to the Parliamentary Committee on Agriculture on July 6, he did not mention it even once. The association notes that the AZTN had already conveyed to the ministry what the professional community has maintained since the beginning, that the conditions of the tender must ensure the primary purpose of public duties, namely the protection of animal health and the implementation of veterinary public health measures, as stipulated by the Veterinary Act. The association warns that all of this occurs amid an ongoing outbreak of African swine fever, with 89 cases confirmed so far. The minister publicly acknowledged that the responsibility of a single veterinarian on the ground prevented the further spread of the disease. In light of this, the association has once again called for the suspension of the tender and the revision of its criteria, urging the ministry to publicly release the complete AZTN opinion. Tomislav Malić, president of the association, noted that the minister had for months hidden behind the Agency for Market Competition. Now, the very same agency has written, signed, and sent confirmation that this is not a matter of market competition and that it has no jurisdiction over the tender. He added that the minister is left without a final excuse. If he continues to uphold these criteria, he will be doing so without any justification, especially in the midst of an epizootic crisis.