2nd SIGMA NETWORKING SEMINAR OECD Conference Centre Paris 27-28 November 2008

Public Procurement Reform Integrity Experiences Piotr-Nils Gorecki and Peter Bennett, Sigma Senior Advisors and Olivier Moreau, European Commission

Public Procurement Reform Today's focus transposing and implementing the “acquis” correctly detailed regulation of procurement building control functions building sufficient central capacity and institutions implementation support to contracting entities and economic operators

Objectives of reform Efficiency of the national public procurement system Alignment with the EU requirements

Overall overview Harmonization – started but not fully achieved Scope – utilities yet to be fully included Procedures – new EU procedures to be fully implemented, restricted procedure to be more preferred Thresholds: detailed procedures required too often? Transposition: an ongoing issue

General observations LEGAL ALIGNMENT WITH THE EC DIRECTIVES MAIN PRIORITY AND ADVANCES COMPARABLY FAST PUBLIC PROCUREMENT LEGISLATION-PRIMARY AND SECONDARY- GENERALLY FAILS TO REFLECT CORRECTLY THE OPERATIONAL NEEDS AND EFFICIENCY ASPECTS RISKS FOR OVERREGULATION AND FORMALISM

General observations STRONG INTEREST IN THE NEW INSTRUMENTS, SUCH AS E-PROCUREMENT, BUT THE TIMING QUESTIONABLE THE CENTRAL INSITUTIONAL SET-UPS- PPO AND REVIEW BODIES- IN PROGRESS- BUT STILL A FUNDAMENTAL LACK OF CAPACITY AND CAPABILITY TO SUPPORT THE EFFICIENT FUNCTIONING OF THE PUBLIC PROCUREMENT SYSTEMS

Developments and challenges Remedies Concessions Defence