THE NEW DIMENSIONS OF THE EUROPEAN PUBLIC PROCUREMENT POLICY Christian SERVENAY DG MARKT/Unit C1

Introduction - Two new directives, Directive (Contracting Authorities strictly speaking) and Directive : 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.