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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.