the new dimensions of the european public procurement policy
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THE NEW DIMENSIONS OF THE EUROPEAN PUBLIC PROCUREMENT POLICY. Christian SERVENAY DG MARKT/Unit C1. Introduction. - PowerPoint PPT PresentationTRANSCRIPT
THE NEW DIMENSIONS OF THE EUROPEAN PUBLIC PROCUREMENT POLICY
Christian SERVENAY
DG MARKT/Unit C1
Introduction
- Two new directives, Directive 2004-18 (Contracting Authorities strictly speaking) and Directive 2004-17: Utilities.But principles remain (the aim and the features are identical)
- Some evolution still expected, - With specific responsibilities for all operators.
The aim of the Public Procurement Directives
to ensure the application of basic principles:- free Movement of Persons, Goods, Capital
and Services, - non-discrimination on grounds of nationality, - equality of treatment.
The main features of the Directives
Some important limits:
- a specific scope,
- key provisions aiming only at coordination,
- need of national implementing measures.
Objectives of the New Directives
- to simplify the existing legislation,- to provide for more flexible solutions, - to modernise traditional rules.
Main changes introduced by
Directive 2004/18
Simplification:- one directive for works, goods and services,- less thresholds,- a new structure with a logical presentation.
Main changes introduced by
Directive 2004/18
Flexibility:– Central Purchasing Bodies– Framework Agreements– Competitive Dialogue– Technical specifications– Environmental and social issues.
Main changes introduced by
Directive 2004/18
Modernisation, through four degrees in the use
of electronic means: - transmission of notices and delivery of tender
documents, - reception of applications and bids, - electronic auctions, - dynamic purchasing systems.
Main changes introduced by
Directive 2004/18
Binding provisions to regulate the use of
electronic means: - similar level of acceptance of paper documentation
and electronic data, - detailed requirements for the presentation and
reception of applications and bids, - specific conditions to develop market places (under
the responsibility of purchasers).
Main changes introduced by
Directive 2004/18
Provisions relating to means of
communication: - contracting authorities choice, - generally available and interoperable, - not restrictive of access, - ensure integrity of data and confidentiality of tenders
(and requests).
Possible new evolution
- some limited legislative initiatives,- several non binding documents, - many studies and documents for reflection.
Future legislative initiatives
Three factors:- GPA extension and modernisation,- completion of the present scope of the
directives,- adoption of specific implementing measures
(standard forms and other practical modalities).
Adoption of non binding documents
Commission services are preparing:- an interpretative document on e-procurement,- some communications on various matters.
Studies and documents for reflection
Commission services are elaborating:- several projects mentioned in the Action plan
on e-procurement,- several projects on statistics.
Member States’ and purchasers’
responsibility
- to implement European texts and develop the appropriate administrative capacity,
- to make use of all legal opportunities, - to contribute to the completion of the
Internal Market.
Implementation and development of administrative capacity
Member States have to: - adopt full primary and secondary legislation on time, - prepare guidelines and operational tools, - develop the capacity to manage an efficient and safe
system of Public Procurement.
Purchasers have to support these initiatives and respect European Law.
Use of all legal opportunities
Purchasers should: - use the allowed flexibility (reduction of deadlines,
specific types of procedures,…), - take advantage of the new varied solutions
offered (e-procurement facilities), - implement the national regulations with the aim to
get best value for money.
Completion of the Internal Market
All economic operators should contribute: - to a fair and sound competition, - to the reduction of public expenditures, - to the quality of public services, - to the improvement of productivity and the
development of cross border trade.
Conclusions
Public Procurement advisers have a specific role to play: - provide and disseminate a knowledge of legal
provisions, - advise on best practices, - provide confidence among operators and institutions.