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

2. 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
A strategy for e-procurement (COMMUNICATION FROM THE COMMISSION )

3. 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

4. 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

5. 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,…)

6. 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

7. 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

8. 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 : A new regime for procurement of social services (social, health and education)

9. 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)

10. 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

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

12. 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

13. 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

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

15. Thank you for your attention!