PUBLIC PROCUREMENT NETWORK PPN European-wide co-operation Network in the field of Public Procurement

PUBLIC PROCUREMENT NETWORK EU Member States EU Candidate EU Potential Candidate EEA Members Switzerland NORTH SEA MEDITERRANEAN SEA ATLANTIC OCEAN BLACK SEA

Italian PPN Presidency June 2009 Authority for the Supervision of Public Contracts (ASPC) Independent body with regard to functions, evaluation and administrative responsibility and is autonomously organized. It has been established in 1994 with the aim of supervising the entire public procurement system, both at Central and Regional level, in order to grant compliance with the principles of rightfulness and transparency in awarding procedures and with effective and convenient execution of contracts, as well as compliance with competition rules within each single tender. Department for European Union Policies (DEUP) (Presidency of Council of Ministers) Established in 1987, operates within the Prime Minister’s Office and supports relationship between the Italian Government and the European Institution The Department has the pivotal responsibility in the coordination of the national position on EU draft law and the transposition of EU law into the national legislation. Memorandum Of Understanding

Authority for the Supervision of Public Contracts Main Tasks  To guarantee the observance of EU directives and Italian legislation;  To supervise the public procurement system;  To prepare and guide the implementation of the legislation on public procurement and the standard tender documents  To appoint the members of the Arbitration Chamber for Public Contracts;  To transmit the relevant files to the competent Italian Courts in order to restore efficiency and fair competition in the execution of public contracts.  To collect and analyze the national data on Public Procurement

RegulationSupervisionMonitoring ASPC Main Actions To Prevent mistakes or infringements in public procurement:  Regulation acts on the interpretation of the legislation;  Decisions on claims (as an Alternative Dispute Resolution);  Advice and consultancy  Guidelines and standard documents;  Definition of the qualification criteria On public procurement procedures :  Inflicts economic sanctions for lack/delay of response to a request of information or for false declarations during the awarding procedures.  gives/revokes the authorization to the qualification bodies ;  annuls the qualification certificate if not correct;  makes inspections on public works performance The quality and transparency in public procurement:  Collects, store and analyze data on public procurement;  Publishes the list of qualified contractors;  Formulate reference costs; Competition, Transparency, Efficiency, Timeliness and Effectiveness in public procurement procedures

Department for European Union Policies (Presidency of Council of Ministers) Main Tasks  The promotion and the co-ordination of the activities of the Italian public administration with regard to European Union policies  The co-ordination of the adoption of the national legislation transposing European Union law  The co-ordination activities for the harmonization of the national legislation with the European Union law  Control on the implementation of European Union law  Training of personnel of the public administrations in the field of European Union policies  The exclusive competence for the matters related to the Internal Market.

DEUP (PCM) Main Actions  Co-ordination activity of all national, regional and local Italian administrations responsible for public procurement, in order to: a)Elaborate and validate a national position on EU draft law and guidelines; b)Transpose EU law into national law;  Representation of the national position of the Italian delegation at the Public Procurement Council working group  Representation of the national position of the Italian delegation at the Advisory Committee on Public Contracts, Economic and Statistical Working Group and Electronic Public Procurement Working Group of the European Commission

The Italian Presidency  Responsible for the organization of at least one Plenary meeting of the PPN.  Assisted by an Advisory Group in the management of the network, that it has been defined as being composed of: Portugal, Italy, Sweden the United Kingdom.  Works in close cooperation with the PPN Task Force, composed of: Austria, Denmark, France, Germany, Italy, Portugal, Poland, The Netherlands, Sweden, United Kingdom, European Commission.  At the invitation of the chairman of the Advisory Committee on Public Contracts (ACPC) informs on ongoing and future PPN activities.

Italian PPN Presidency Program  Focus on strengthening the cooperation on exchange of information, best practices and benchmarking: a)Promotion of periodical meetings of the PPN Task Force; b)Promotion of meetings on specific themes of common interest; c)Commitment on a Comparative Survey on the transposition of the Remedies Directive (2007/66); d)Commitment on a Comparative Survey on the Procurement System in each PPN Country; e)Promotion a comparative surveys on SBA and art. 45 of Directive 2004/18 – Commitment of French and UK delegations f)Comparative Survey on next transposition of the Defence and Security Directive (2009/81); g)Benchmarking on the implementation of specific EU Public procurement rules.  Close collaboration with the European Commission (Advisory Committee on Public Contracts)  Build a new official website and update the contents

First Italian PPN Presidency Conference Rome, 15th October 2009

Agenda  Discussion on “The role of public procurement in the European Current Economic Context”  Exchange of information and best practices on common interest topics in the field of Public Procurement Main results  Role of Public Procurement in world economy: a)EC - DG Trade: Macro-Economic impact of the opening of Public Procurement markets on potential growth and EC strategy towards the opening of PP markets b)EBRD: Legal Transition Program  Need for deepening specific items: a)Transposition process of the Defence and Security Directive b)Art. 45 of directive 2004/18: Personal situation of the candidate or tenderer c)Social Consideration in Public Procurement  SBA: information on enforcement measures for SME’s  Strong support of the EU Commission  Need for stronger support of PPN members

Survey on the transposition of the Remedies Directive (2007/66) Aims  Exchange of information and benchmarking on the transposition approaches in the different Member States  Comparative analysis on difficulties in transposing specific Remedies directive rules  Support the European Commission (ACPC) in the monitoring activity on the transposition process into national law

Tools  Summary table of the main features of the draft text for the transposition of directive 2007/66/EC into Member States law. Main results  Answers from 14 Countries (BULGARIA, CYPRUS, CZECH REPUBLIC, DENMARK, FRANCE, GERMANY, IRELAND, THE NETHERLANDS, ITALY, POLAND, ROMANIA, SLOVENIA, SPAIN, UNITED KINGDOM)  Comparative analysis on the main features of the Directive (general features of review system, scope of the review system, transposition of optional provisions, nature and the competences of the review bodies)  Support from the EU Commission

PPN Contact Points  Each country appoints official Contact Points for taking action in connection with the activities. The Contact Points are listed on the website of the Public Procurement Network and can also be reached by the SOLVIT Coordinating Centers. PPN Website  All information on the PPN can be found on:

THANK YOU Tiziana Bianchi - Authority for the Supervision of Public Contracts Valentina Guidi - Department for European Union Policies (PCM)