1. Public procurement oversight
Stará radnice v Brně
10/10/2013
Jaroslav Kračún
European Commission
Directorate General Internal Market and Services

2. Oversight and review procedures
Monitoring, implementation, guidance, control
Independent national body + public
Not regulated so far in directives on public procurement
Proposal for a new directive: detailed provisions
Pre-adopted new directive: lighter provisions
Review procedures
Redress of illegal situation
Participating + "potentially harmed" entities
Directives 89/665/EEC and 92/13/EEC, as amended by directive 2007/66/EC
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3. Proposal for a new directive: Oversight
National oversight bodies
Member state designates an independent body to oversee public procurement
Oversight and coordination of implementation activities
Contact point for European Commission
Annual report
Success level of SMEs
Sustainable policies: environment, social inclusion, innovation
Infringements with impact on EU budget
Centralised data on fraud, corruption, conflict of interests
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4. Proposal for a new directive: Oversight
Tasks of oversight body
Monitoring of PP rules implementation
Advice and interpretation of PP rules for contracting authorities
Opinions and guidance on systemic problems
Red flag system for fraud, corruption, conflict of interests
Reporting to competent bodies
Handling complaints from public and communication with competent bodies
Monitoring of decisions of national and EU courts
Analysis of inquiries, in particular from European Commission for cases with impact on EU budget
Registry of contracts over 1 and 10 m€ + disclosure according to applicable rules
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5. Proposal for a new directive: Assistance to authorities and business
Technical support structures
Legal and economic consultancy, guidance and assistance in public procurement procedures for contracting authorities
Assistance to business
At home
In particular for SMEs
Assistance with interpretation of directives and national legislation
Assistance with electronic tools
Abroad
Assistance with administrative requirements
Assistance in the area of taxation, environment, social and labour requirements
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6. Pre-adopted new directive
Monitoring
Member State designates an oversight body
Own or external initiative
Inquiry about infringement of rules or systemic failure
Transmission of findings to competent authorities and public
Report on main difficulties to European Commission, 3 years
Most frequent infringements or legal uncertainty
Systemic problems
Level of participation of SMEs
Prevention, detection and reporting of fraud, corruption and conflict of interest
Guidance
Free of charge for authorities and businesses on EU law
For contracting authorities on planning and running procedures
Registration and disclosure of contracts
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7. Pre-adopted new directive
Reporting on individual contracts
Identification of participants
Justification of choices of certain procedures and exclusions of participants
Documentation of all procurement process archived for 3 years and available for competent authorities on request
Statistical reports
European Commission retrieves information from notices
Lacking information shall be supplied by Member States + estimate information for under-threshold contracts
Information on national institutions, their competences and on implementation of EU law
Administrative cooperation
Contracting authorities, oversight and review bodies, also within the Internal Market Information System (IMI)
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8. Thank you for your attention
All information can be retrieved at our website:
Contact:
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