1. The new EU legal framework for e-procurement: Expectations and Prospects Conference ‘E-procurement and Public Spending: Status, Opportunities and Prospects’ 11 May 2005 Rome Julia Ferger European Commission Public Procurement Policy/e-procurement

2. Overview Introduction The new EU legal framework for electronic public procurement The Action Plan for e-procurement Recommendations

3. Public procurement in the EU

4. Expected benefits of e-procurement lower prices lower administrative costs faster procedures increased competition - higher number of tenderers, increased market access higher transparency of process less possibilities for abuse

5. The new EU legal framework for e-procurement 4ELECTRONIC MEANS ON AN EQUAL FOOTING with PAPER 4ALL THE DIRECTIVES’ RULES APPLY 4FUNDAMENTAL PRINCIPLES: NON-DISCRIMINATION, EQUAL TREATMENT, TRANSPARENCY AND FAIR COMPETITION 4GENERAL REQUIREMENTS SET FOR: Communicating and receiving offers electronically 4FULLY ELECTRONIC PROCEDURES ALLOWED 4NEW PURCHASING PRACTICES: Framework agreements, Dynamic Purchasing Systems, Electronic Auctions 4FLEXIBLE TECHNOLOGY NEUTRAL FRAMEWORK E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

6. Scope of EU procurement rules Contracting Ordering Billing Monitoring of Contract Outside the scope of EU procurement Directives E-commerce Directive Electronic Signature E-invoicing Data protection Tender Notification Contract specification Bidding Receipt of offers Offer evaluation Contract award Choice of tender procedure Thresholds/ Rules of aggregation Shorter time-limits for online notices and e- access to tender Documents New standard forms for publication in OJEU Online bidding (e-auctions) Data integrity Confidentiality Non- discrimination Authentication Automated Selection and Award Electronic Purchasing Methods E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

7. Timetable May2000LEGISLATIVE PACKAGE PROPOSED BY THE COMMISSION - CLASSIC DIRECTIVE (SUPPLIES, SERVICES, WORKS) - UTILITIES DIRECTIVE Feb2004 FINAL ADOPTION OF THE LEGISLATIVE PACKAGE Apr2004 ENTRY INTO FORCE OF THE NEW DIRECTIVES Dec2004ADOPTION OF ACTION PLAN ON E-PROCUREMENT (2005-2007) 31 Jan 2006TRANSPOSITION BY MEMBER STATES (21 months) E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

8. General framework E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

9. Action Plan: Objectives Ensure a well functioning Internal Market in electronic public procurement Achieve greater efficiency in procurement, improve governance and competitiveness Work towards international framework for e-procurement E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

10. Action Plan: Tools Interpretative Document (May 2005) Functional requirements report and learning demonstrators (published) Common tools Awareness, exchange, promotion of common understanding and best practice E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005

11. Recommendations Political commitment Legal framework Organisation Technical aspects Economic aspects E-procurement: prospects, challenges and opportunities Rome 11 May 2005

12. THANK YOU Action Plan on e-procurement http://europa.eu.int/comm/internal_market/ publicprocurement/e-procurement_en.htm Contact Julia.Ferger@cec.eu.int E-procurement and Public Spending: Status, Opportunities and Prospects Rome 11 May 2005