Modernisation of EU public procurement policy Piotr-Nils Gorecki Daniel Ivarsson TIRANA 22.05.12

Legislative process – timelines (tbc) 27 January 2011 – Green paper on the modernisation of EU public procurement policy 27 June 2011 – Evaluation Report – Impact and effectiveness of EU public procurement legislation 20 December 2011 – proposal for a (new) Directives on (1) public procurement, (2) utilities procurement and (3) concessions adopted by the EC Expected date of adoption by the Parliament and Council – end 2012 (?) Proposed deadline for implementation in MS – 30 June 2014 20.4.2012 - A strategy for e-procurement (COMMUNICATION FROM THE COMMISSION )

Objectives for the reform 2. Strategic use 1. Simpler/ more flexible procedures 4. Sound procedures 3. Better access (SMEs, cross-border trade) 5. Governance / professionalization of procurement

Main directions Continuation Clarification (of the scope) Simplification and flexibilisation of the pp procedures Full regulation of works and services concessions Contract management and governance

International context Full compliance with (old and new) GPA and bilateral trade agreements (e.g., thresholds, procedures) (Art. 23) Use additional flexibility under GPA (alleviations for sub-central authorities, shortening of deadlines,…)

Scope of proposal Proposal replaces Directive 2004/18/EC No changes to the Directives on Defence procurement (2009/81/EC) nor on Remedies (89/665/EEC as amended by 2007/66/EC) Proposal on utilities procurement replacing Directive 2004/17/EC Proposal on concessions

Contracting authorities Only cosmetic corrections in the definitions, but a new lighter regime for sub-central contracting authorities: Different (higher) thresholds Shorter time-limits (agreed with all tenderers) No contract notice for each procedure, only PIN

Contracts covered Works and services concessions fully regulated (new concessions directive) Art. 4: Thresholds unchanged (due to WTO/GPA obligations) Abolition of Part A and part services – all services subject to pp rules Art. 74-76: A new regime for procurement of social services (social, health and education)

Procedures Art. 24-28: Basic procedures unchanged Art. 29: New procedure: innovative partnership Art. 39: Preliminary market consultations Shorter time limits in all procedures: Open procedure: 40 days/35 (electronic)/20 (PIN)/20 urgency (Art. 25) Restricted procedure: 30 (selection) + 35 (tender) days/15+10 (urgency) (art. 26) Competitive negotiated procedure: 30 (selection) + 30 tender (art. 27) Competitive dialogue 30 (selection) (art. 28)

Electronic procurement Art. 19 (7): As of 2016 all communication in pp in electronic form (including e-submissions) Art. 51: Full, direct, free of charge access to all tender documents by electronic means Conference on Electronic Procurement – Challenges and Opportunities – Brussels - Tuesday, 26 June 2012

Public oversight Art. 84: Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities.

Proposed changes to Directive 2004/17/EC Essentially same changes proposed for the Utilities as for the Classic Directive - With due regard to the different field of application (also public and private undertakings) and the ensuing need to conserve a more flexible regime. Only few changes on issues specific to the Utilities Directive

Directive on concessions (works/services) Need to ensure transparency, equal treatment and fairness of procedure; possibility of appeal; need to clarify the scope (including cases of public-public co-operation) and provide rules allowing modification of contracts, at the same time Need to avoid dissuasive effects of detailed rules on the use of concessions which could lead to their diminished uptake

Approach Single, clear «rule book» for concessions Single set of rules for both classic and utilities sectors More flexible approach  

Thank you for your attention!