General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate for Public Procurement Policy Unit C/1

The main features of the Directives Some important limits: - a specific scope, - key provisions aiming only at coordination, - need of national implementing measures.

THE PRINCIPLES OF THE EC TREATY (e.g. transparency, non-discrimination, equal treatment) The EC thresholds National legislation Secondary EC legislation - Utilities Directive 2004/17/EC - Classical Directive 2004/18/EC - Review Directive I. 89/665/EC (amended by 2007/66/EC) - Review Directive II. 92/13/EC (amended by 2007/66/EC) - CPV Regulation transposition below the EC thresholds Out of the scope of the Directives direct application

Actual thresholds suppliesservicesworks Directive 2004/17/EC All entities EUR EUR Directive 2004/18/EC Central CAs EUR EUR Other CAs EUR EUR

Directives: main points of coordination - Definitions - Scope (thresholds; calculation of the value; exclusions) - Technical specifications; variants - Procedures - Advertising/Transparency/Communication - Conduct of the procedure (suitability, qualitative selection) - Award of the contract (selection criteria/award criteria) - Other provisions

Directives: other areas -Framework agreements -Electronic auction -Dynamic purchase systems -Works and service concessions -Design contest -Competitive Dialogue

Definitions: contracting authorities State, regional or local authorities, bodies governed by public law, and their associations A body governed by public law: established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; having legal personality; financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.

Definitions: economic operators = contractor/supplier/service provider any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.

Selection and Award Selection criteria relate to the capacity of the tenderer -economic -technical -professional Award criteria relate to the quality of the offer -price -other criteria

- secrecy - special security measures - international rules Exclusions - immovable property - broadcasting program material - arbitration/conciliation services - financial instruments (e.g. securities) - employment - R & D (not exclusively for the CA)

Exclusions/specific regime 3) Other specific exclusions - service concessions - II B services (e.g. legal, educational, health) - sheltered workshops for the handicapped

Procedures -only the procedures stipulated in the Directives can be used above EU thresholds -Main procedures: open / restricted -Use of negotiated procedures strictly regulated with prior publication of notice - irregular tenders for open/restricted procedure - prior pricing is not possible - precise contract specification for services - research/no profit works contracts without publication of notice (main points) -different rules for different types of contracts - additional needs - purely research needs - urgency - no tenders submitted for open/restricted procedure - technical/artistic reasons

Flexibility in EC Directives Central Purchasing Bodies Framework Agreements Competitive Dialogue Environmental and social issues Electronic procurement

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