european neighbourhood policy and sigma’s role in public procurement reform daniel ivarsson &...
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European Neighbourhood Policy and SIGMA’s role in public procurement reformDaniel Ivarsson & Olivier Moreau, OECD/SIGMA
Marrakesh, 23 April 2013
European Neighbourhood Policy (ENP) and its challenges
EU’s best practice for public procurement
EU programmes for supporting reform
SIGMA and its role; approach to reform
SIGMA’s work in public procurement in the region
Presentation outline
ENP objectives
• To promote a stable and prosperous environment in the EU immediate neighourhood
• To address the wish of EU’s neighbouring countries to deepen relations with the EU
• To create an area of common values and interests
SOME ENP CHALLENGES
• Integrate neighbours into the EU Internal Market, spreading its benefits
• Respond flexibly to country specific needs, recognising they are quite varied
• Retain and develop intra-regional coop.• Give tangible results to past efforts• Manage the limited financial and other resources
available for supporting reform• EU already open – reciprocity expected
DEEP AND COMPREHENSIVE FREE TRADE AGREEMENTS (DCFTAS)
• Covering all essential sectors as well as fundamental horizontal policies such as Public procurement IPR Competition Etc.
• Including a mechanism for regulatory convergence. If sucessful, could lead to Further market opening in priority sectors At the end, to full market access in certain sectors
Role of public procurement• Essential for the EU Internal Market: a key
means to achieve value for money and to create and develop business opportunities
• Combination of regulatory framework and practical tools for good governance
• Crucial element of public financial management• Channel for administrative capacity building
Governing principles in the EU Treaties and Directives
• Free movement of goods• Right of establishment• Freedom to provide services• Proportionality• Mutual recognition• Equality• Non-discrimination• Transparency
Main points of coordination for regulatory reform
• Definitions• Scope (thresholds; calculation of the value;
exclusions)• Technical specifications; variants• Procedures • Advertising/Transparency/Communication• Conduct of the procedure (suitability, qualitative
selection)• Award of the contractAlso need for preparation, follow-up!
WHAT IS SIGMA? Support for Improvement in Governance and
Management joint EU/OECD initiative, with EU financing founded in 1992 to assist beneficiary countries
• EU candidate countries• EU potential candidates • EU Neighbourhood countries (since 2008)
in promoting and strengthening public governance Staff: subject specialists, different nationalities with
direct experience of public administration
SIGMA’s areas of work Policy-making and Coordination, Regulatory Management Civil Service and Administrative Law Public Finance, including:
• Budgeting,• Financial Management and Control • Internal audit• External audit
Public Procurement Strategy Development, Change Management and
Implementation
SIGMA’s counterparts
SIGMA’s usual counterparts are: General Secretariats / Government Offices Ministries of Public Administration Ministries of Finance Other ministries (e.g. Justice) Supreme Audit Institutions Public Procurement bodies Parliaments
• including Budget and Finance Committees
How does SIGMA work?
Basis: long term partnership with our counterparts in the countries• Short term interventions, e.g.:
Support in preparing strategies and reform plans Advice in planning larger technical assistance projects Awareness raising events Advising and training senior and middle level officials Peer reviews of specific systems or organisations
• In accession countries, annual assessments on public governance systems for the EU
• Policy papers, studies in public governance
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Service to be delivered
Which policy options?
Which organisation / coordination?
Which regulations and procedures?
Which staff, skills and competences? Which HR management?
Which financial resources and management?
Which delivery mechanisms and partnerships?
Which review and control systems?
The holistic approach:
Which information and communication?
Regional Focus – EU Neighbours
• Increased emphasis to supporting European Neighbourhood countries
• East Eastern Partnership - Public Administration Reform Panel, PEMPALSouthFundamental changes in the countriesSynergies with OECD/MENA programme
Supporting political dialogue and policy discussions with practical assistance Bringing in reform experiences of transition countries from other regions
SIGMA in public procurement:some current examples
• In Lebanon, support to the Office of the Minister of State for Administrative Reform (OMSAR) in ToRs, tender planning, criteria selection for a EU TA project for modernisation of PP Review of the PP development programme
• In Azerbaijan, Review a “Standard Operating Procedures” manual for contracting authorities Various workshops Proposed Draft amendements for the PPL towards harmonisation with EU law Analysed the e-procurement architecture / standards & possible developments
• In Georgia Conducted a peer review Benchmarking of national system for e-procurement, concessions, utilities…
SIGMA in public procurement: upcoming activities (tbc)
• In Morocco, New draft PP decree at the point of adoption; need for implementation support Strong demand for advice on PPPs/concessions; need for harmonisation with general PP
regulations Remedies system being revised; need for advice Knowledgeable central institutions, little cross-institution contact, strong interest in learning from
best practice abroad
• In Lebanon, To assess where does the PP law meet international standards To benchmark experience on thresholds How using procurement for other policy objectives How drafting a code of conduct for stakeholders
• Beginning of 2014: ENP Public Procurement Regional Conference to be co-organised with a country tbd
SIGMA in public procurement: looking ahead
In Algeria, Egypt, Jordan, Tunisia:
• what is needed?
• what other initiatives are around?
• how could SIGMA usefully move ahead?