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.