The modernisation of eu public procurement policy
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The Modernisation of EU public procurement policy. The Single Market Act commitment.

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The Modernisation of EU public procurement policy

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The Modernisation of EU public procurementpolicy

The Single Market Act commitment

“Revised and modernised public procurement legislative framework, with a view to underpinning a balanced policy which fosters demand for environmentally sustainable, socially responsible and innovative goods, services and works. This revision should also result in simpler and more flexible procurement procedures for contracting authorities and provide easier access for companies, especially SMEs.”

Preparatory works

  • Comprehensive evaluation of the impact and effectiveness of EU public procurement legislation (published 24.06.2011)

  • Public consultation by Green Paper on the modernisation of EU public procurement policy, (synthesis of replies published 24.06.2011)

  • Conference on the modernisation of EU public procurement policy (30.06.2011)


Strategic use

Simpler/ more flexible procedures

Sound procedures

Better access (SMEs, cross-border trade)

Governance / professionalization of procurement


Simplification - Green Paper replies

Simplification – possible measures

  • Generalized use of negotiated procedure with prior publication

  • Alleviations for small contracting authorities (PIN, flexible deadlines)

  • Reduce documentation: self-declarations; European procurement passport

  • Step up e-procurement: simplify DPS, procedures of CPBs fully electronic

  • General shortening of deadlines

Strategic use of public procurement

Strategic use – Green Paper replies

Strategic use – Social considerationspossible measures

  • No obligations on “what to buy” at EU level

  • No abandoning of link to the subject matter, but possible softening

  • Enabling measures: LCC, production processes (including labour conditions)

Strategic use: social servicespossible measures

  • Special light regime for social services with a possible higher threshold

  • Presumption of absence of cross-border interest below Directive’s thresholds

  • Explicitly enable contracting authorities to better take into account quality and the specificities of social services

Better access – in particular for SMEs and start-ups

SMEs - Green Paper replies

Exhaustive list of requirements for selection criteria

Turnover cap

Mandatory splitting into lots?

Measures on subcontracting (e.g. direct payments)?

SMEs and start-ups – Possible measures

Sound procedures

Governance Professionalization of procurement

Further information

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