Better Data for Better Public Procurement

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1 Better Data for Better Public Procurement Facilitating MS' reporting obligations in policy context Mutual Learning Exercise, Vienna 21 September 2017 Jaroslav Kračún, DG GROW G4

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8 The paradox Public procurement: Great economic significance Entailing public spending, i.e. accountability Complex (many actors and norms involved) Spontaneous generator of data (highly regulated field) Yet largely data-blind: Poor data quality Related data remaining unmatched Lost opportunities: More effective enforcement Better policy making

9 Better, more open data will : Trigger feedback which can be used to improve practice at all levels, from local procurement to national legislation Better inform on vulnerabilities and help taking remedial measures and focus on good procurement practices Facilitate the establishment of tools such as irregularity databases, contract registers and anomaly detection tools

10 New reporting obligations Illustrate the advantages deemed to flow from the greater availability of data if systematically collected and analysed Should provide for a more faithful description of the most meaningful features of public procurement in the MS Are an opportunity to organise and tap into the wealth of data spontaneously generated by the new e-procurement systems

11 Importance of data in PP recognised at EU political level Single Market Strategy ('SMS'), 27 October 2015, endorsed by Competitiveness Council European Court of Auditors Special report No 10/2015 on public procurement in the context of cohesion expenditure, September 2015 Conclusions of Economic and Financial Affairs Council, 12 February 2016, welcomed the finding that MS have in particular started to collect data in a more systematic way

12 New reporting obligations "Art. 83" Information on monitoring activities A 'monitoring report' on the most frequent sources of wrong application or of legal uncertainty, including possible structural or recurring problems in the application of the rules, on the level of SME participation in public procurement and about prevention, detection and adequate reporting of cases of procurement fraud, corruption, conflict of interest and other serious irregularities (by 18 April 2017 and every three years thereafter) Information on the practical implementation of national strategic procurement policies (upon request, not more than every three years)

13 New reporting obligations "Art. 85" a 'statistical report' relating to procurement under the thresholds (by 18 April 2017 and every three years), or alternatively the same substantive information as part of the 'monitoring report'. information on the institutional organisation related to the implementation, monitoring and enforcement of the Directives, as well as on national initiatives taken to provide guidance on or assist in implementation of EU rules on public procurement, or to respond to challenges confronting the implementation of those rules (every three years).

14 Process Long-term oriented Cooperative Articulated with other data-related policy workstrands

15 Key challenges Administrative burden/value added balance Qualitative/Quantitative Temporal aspects / Shift to continuous 'data flow' Articulation of with other data-related workstrands