Post transposition activities of the European Commission to enhance
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1 Post transposition activities of the European Commission to enhance public procurement in the EU Conference: A new framework for public procurement Madrid, 9 April 2018 Alvydas Stančikas Head of Unit G3 "Procurement legislation and enforcement" DG for Internal Market, Industry, Entrepreneurship and SME's European Commission
2 Public procurement package (adopted on 3 October 2017) 1) A Communication on Public Procurement Commission's strategy for improving PP 2) A Communication on a voluntary ex-ante mechanism for large infrastructure projects (SMS) 3) ARecommendation on professionalisationof public procurement to Member States 4) A draft guidance document on procurement of innovation targeted consultation (closed in Jan 2018)
3 A broader, holistic approach to procurement complementing the legal approach, in partnership with Member States, local authorities, and businesses across the EU
4 New Public Procurement Directives Adopted on 26 February 2014 Directive 2014/23/EU on Concession contracts Directive 2014/24/EU on Public Procurement Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors ("Utilities" Directive) Transposition deadline: 18 April 2016
5 Context Public procurement reform = key action in Single Market Act to re-launch growth and employment Lots of expectations on the PP reform! COM communication COM(2012)259 final "Better governance for the single market": COM will provide enhanced transposition and implementation assistance for measures under Single Market Act I
6 State of play Transposition not yet completed: 4 Member States Compliance checks of adopted transposition measures: if needed, clarification with Member States Discussion with Member States on areas needing guidance
7 Strategic Public procurement under the new Directives GREEN PP SOCIALLY RESPONSIBLE PP PP of INNOVATION Usingpublic procurementto to promote strategic policy goals
8 Strategic PP: actions GREEN EU GPP Criteria-update and new additions (paints and varnishes; food and catering services adoption early 2018; indoor cleaning services; transport; road lighting; data centres; maintenance of public spaces end 2018; imaging equipment) Development of LCC tools for certain product groups (focus on 5 electricity-using product areas) In 2018 revision and upgrade of the EU GPP training toolkit + training activities
9 Strategic PP: actions SOCIAL Training and information events in Member States (2018) Development of material to be disseminated (e.g. on best practices) Guidance on socially responsible PP (2019): best practices following the implementation of the new Directives recommendations, both in terms of legal compliance and efficiency of the process
10 Strategic PP: actions INNOVATION Guidance on Public Procurement of Innovation (policy and modernised procurement tools) Innovation Brokers to link administration with innovative companies Financing of Public Procurement of Innovation Consortia to leverage Innovation Brokers pilot and similar activity
11 The related work stream: Remedies Remedies Directives 89/665/EEC and 92/13/EEC, as amended by 2007/66/EC: Require that decisions may be reviewed effectively and as quickly as possible Enable economic operators to enforce the rights conferred by Public Procurement Directives everywhere in the EU Establish minimum EU review standards
12 Evaluation 24 January 2017: Report from the Commission to the European Parliament and the Council Commission staff working document
13 Conclusions The Remedies Directives meet their objectives No urgent need to amend the Directives identified Despite the overall positive conclusion, shortcomings identified: certain aspects of the Remedies Directives need further clarification information on national remedies systems is not collected in a structured manner and is rarely used for policy making purposes
14 Remedies: actions Promotion of cooperation Network of the first instance review bodies Improvement of data gathering and promotion of transparency via the Remedies Scoreboard Guidance on selected topics
15 The related work stream: Defence Procurement Defence Procurement Directive 2009/81/EC: Tailor-made provisions for specificities of defence sector Majority of defence contracts under EU PP rules: competition, transparency and equal treatment Limit the use of exemptions to exceptional cases Safeguard Member States security interests
16 Evaluation 30 November 2016 (together with European Defence Action Plan): Report to the European Parliament and Council Staff Working Document 16
17 Defence Procurement: actions Cross-border market access for SMEs Commission Recommendation Process/dialogue with industry Guidance Cooperative procurement Subcontracting Security of supply
18 Defence Procurement: actions Clarification of outstanding transposition issues Enforcement Periodic statistical reports (scoreboard)
19 Thank you for your attention! For more information, please visit our website: Contact:
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