Public Procurement Requirements for ESI Funds

Transcription

1 Public Procurement Requirements for ESI Funds Interactive Workshop September 2017 Prague, Czech Republik EXPERTS Chair in Law and Professor of European Business Law, University of Hull, UK and Managing Editor of European Procurement & Public Private Partnership Law Review Christina Bauer Head of Managing Authority "Alpine Space Programme", Land Salzburg, Austria (tbc) Simon Hannah ERDF Finance and Compliance Manager, ERDF Local Delivery Unit - East of England Department for Communities and Local Government (DCLG), Cambridge DAY 1: Public Procurement Directives and Procedures Current European procurement law Changes after the transformation into national law Public procurement proceedings in theory WORKSHOPS Tendering phases: from defining the tender to conclusion of the contract Audit requirements and compliance PROBLEM-SOLVING SESSION Discuss your cases directly with Prof. Bovis and receive advice on how to solve them. DAY 2: Managing ESI Funds Management of Structural Funds and most frequent procurement errors Tasks of managing and contracting authorities Determining, administrating and defining irregularities Financial corrections View of the European Commission recent judgements and future outlook WORKSHOP How to handle public procurement in ESI-funded projects

2 Roman Boed_flickr.com General information Current Challenges for Responsible Authorities The knowledge of public procurement rules, acquaintance with relevant procedures as well as awareness of the potential violation risks and know-how in handling irregularities and financial corrections are indispensable for all experts involved in management and control of EU Funds. Methodology The process of true learning happens in three stages: Identification of the main points or principles Appreciation of the complexities and limitation of the principles, and Application of the principles Our Training Method combines these three stages of learning to ensure that the participants obtain the best possible understanding of EU rules. The participants will be actively involved in the training. The sessions will combine lectures, tutorials, case studies and discussion on practical problems. You will have ample opportunities to present your own problematic issues and discuss them with the speakers and participants from other Member States. NEW! Problem-solving session At the end of day 1 you have the unique opportunity to discuss your burning questions and cases with Prof. Bovis. You can book in advance a 10-minutes discussion time with Professor who will get acquainted with the details of your problem and provide you with an advice on how to solve it. All information concerning your problems and cases will be treated confidentially. Participants will receive extensive materials: All presentations shown during the training (inclusive online access to all presentations after the training) Confirmations of Participation Selection of corresponding journals published by Lexxion Who should participate? Experts responsible for monitoring, control and auditing of public procurement in: ERDF, ESF, CF, EAFRD, EMFF Managing Authorities Audit Authorities Certifying Authorities Intermediate Bodies Experts as a contracting authority in public authorities such as: National ministries National agencies Regional and local governments City councils National and Regional Development Agencies Auditors from National and Regional Audit Authorities Experts from private companies acting as contractors for the implementation of EU funded projects Lawyers and consultants specialised in public affairs Why should you participate? Ensure that all your call for proposals and tenders comply with the complex European requirements. Discuss how to handle public procurement in the area of cohesion policy Get acquinted with the tasks of ESIF managing bodies and contracting authorities Learn how to detect and handle irregularities and how to make financial corrections. Be prepared for audits from the European Court of Auditors and from the European Commission. Get an overview of the recent judgements from the view of the European Commission Network and learn from contracting experts from other Member States.

3 Programme Day 1 09:00 Welcome note by Lexxion and chair; Introduction of participants 09:15 Current European Procurement Law and the Reforms Directive 2014/23/EU: Concessions Directive 2014/24/EU: Public Sector Simplification Directive 2014/25/EU: Utilities What is new? State of play of the transposition across the EU, Chair in Law and Professor of European Business Law, University of Hull 10:30 Coffee break & networking 11:00 Public Procurement Proceedings in Theory 12:30 Lunch 13:30 Interactive Tutorial: Tendering Phases in Practice Participants will split into parallel working groups to apply the requirements of different tendering phases to real cases. Parallel Break-out session 1: Pre-tendering phase Parallel Break-out session 2: Tendering phase Parallel Break-out session 3: Post-award phase Presentation of findings in panel Tutor: 15:00 Practical Workshop on Audit Requirements and Compliance Case Study Participants will be split into smaller working groups to discuss and work on practical exercises. Afterwards, all groups will present their findings in panel and exchange views with the auditor. Auditor, European Court of Auditors, Luxembourg (invited) 17:00 Problem-solving Session This session is especially designed for your burning questions and cases. Prof. Bovis will take time to discuss your case with you and provide you with an advice on how to solve it. You just have to let us know in advance whether you want to book a 15-minutes confidential discussion time. In order to allow a proper preparation, we would advice to send us a short description of your case in advance, so Prof. Bovis can get acquainted with the details of your problem. 18:00 End of day 1 Just send us your cases and questions in advance! We will forward them to our speakers, who will include your issues in the programme and answer them during the workshop. As the number of participants is limited, participants will benefit from a maximum of exchange and discussion of their individual questions. 14:45 Coffee break

4 Programme Day 2 09:00 Public Procurement in ESI-Funded Programmes View of a Managing Authority ESI-funded programmes and public procurement Responsibilities of programme bodies with regard to public procurement Most common procurement questions and errors Fraud risks in public procurement The use of Simplified Cost Options and public procurement Joint cross-border public procurement Christina Bauer, Head of Managing Authority for the Alpine Space Programme, Austria 10:30 Coffee break & networking 10:45 Interactive Workshop Participants will apply the theory to practical cases in small working groups 14:00 Coffee break & networking 14:15 View of the European Commission The reform and its implication Latest judgements from the European Court of Justice and practice of ECJ in public procurement Future outlook 15:15 Summary and discussion of the seminar s proceedings and main findings Closing Q&A 16:00 End of the Workshop & Distribution of Certificates Programme may be subject to change! Tutor: Christina Bauer 11:15 Preventing Irregularities and Conducting Financial Corrections in Operational Programmes Introduction to Monitoring and Control Preventing Irregularities and Financial Corrections Corrections and Closure Controlling beneficiaries Simon Hannah, Finance and Technical Assurance Manager, ERDF Local Delivery Unit - East of England Department for Communities and Local Government (DCLG), Cambridge Roman Boed_flickr.com 12:30 Lunch & networking 13:30 Case Studies Handling Irregularities in EU-funded Projects and Operational Programmes Simon Hannah Roman Boed_flickr.com

5 Experts Chair Chair in Law and Professor of European Business Law, University of Hull, United Kingdom and Managing Editor of Lexxion's European Procurement & Public Private Partnership Law Review Professor, JD, MPhil, LLM, FRSA is H.K. Bevan Chair in Law at the University of Hull. is a leading authority in EU public procurement and public-private partnerships. He specializes in European Business Law, antitrust law and policy, with particular emphasis on public sector management. He advises international institutions on public sector reforms and has acted on behalf of government and industry on numerous high profile projects. He has been instrumental in structuring flagship public-private partnerships in the UK, EU and overseas. He has published extensively in international legal and management journals and has produced numerous books, monographs and articles on European and business subjects. His academic work has been translated into different languages, including Chinese, French and German. Speakers Simon Hannah Finance and Technical Assurance Manager, ERDF Local Delivery Unit - East of England Department for Communities and Local Government (DCLG), Cambridge Simon Hannah is currently responsible for the financial management and programme compliance of the East of England s ERDF programme. Since 2007 his main responsibilities have been the development and operation of the East of England s management and control systems and processes covering contract management, grant payments, irregularity handling, and project monitoring and verification functions. He has over 8 years experience in ERDF policy, programme development and delivery at both Managing Authority and Intermediate Body levels, and actively contributes to the English ERDF programmes national policies and in the establishment and review of national procedures and controls. Prior to the current round of programmes, since 2003 Mr Hannah was involved in the programmes for the Government Office, conducting on-the-spot verifications and desk based checks on EU funded projects, identifying and coordinating irregularity management information and reports. Christina Bauer Head of Managing Authority "Alpine Space Programme", Land Salzburg, Austria Christina Bauer graduated in economics and law. She has been working for the department regional development and EU regional policy of the Government Office of the Land of Salzburg since For almost 15 years she has been acting as legal expert in the Managing Authority of the "Alpine Space Programme". She supports programme bodies and project partners of this and other ESI-funds programmes in legal questions, especially regarding public procurement law. Christina Bauer has published a book, guidelines and articles on procurement and management in and of EU Structural Funds programmes and regularly holds lectures on this subject. Just what I needed. Practical tips on this complex area delivered by the experts in procurement. Participant of Training on ESI Funds and Public Procurement Requirements in 2015

6 Registration Venue Lindner Hotel Prague Castle Strahovska Prague Czech Republic Website: Participation fee YES, I would like to participate for the reduced fee for public authorities EUR 1090,00 YES, I would like to participate for the regular fee of EUR 1590,00 YES, I am EStIF- or EPPPL-subscriber (10% discount applicable). Please note that due to the Czech regulations, no VAT will be charged for this particular training. The participation fees include the workshop material, drinks and snacks during the breaks and lunch. Newsletter subscription Please send me information about Structural and Investment Funds issues for free. I may unsubscribe from this service any time. Cancellations Cancellations should be made in writing per post or fax. Please note that the full fee will be charged for cancellations received after 14 September 2017 (included illness or impediment which prevents him or her from fulfilling his duties). Nomination of a substitute remains possible. A cancellation arising by reason of too small a number of participants is effected no later than two weeks prior to the seminar. In this case the participation fee will be refunded. A requirement for reimbursement of travel and accommodation expenses as well as loss of working hours is not possible, unless such costs result from wantonly negligent or deliberate behaviour on the part of the organiser. For more detailed information, scope and conduct of contract as well as cancellation policy, please check the Terms & Conditions on our website. Please register with: Gaël Langosch Lexxion Publisher Güntzelstr Berlin, Germany Phone: +49 (0) Fax: +49 (0) langosch@lexxion.de online: Name Position, Department Company Name Address Address Phone, Fax Customer No. of EStIF-/ EPPPL-Subscription VAT Reg.-No. Date, Signature Upcoming events Cost Benefit Analysis (CBA) of Major EU-Funded Projects September 2017 Berlin During this intensive workshop you will learn how to prepare and assess a cost benefit analysis. National and regional authorities as well as financial advisors and consultants will become familiar with this management tool and receive practical guidance on the quantitative assessment of cost and benefits of a project. Essentials of State Aid Law and Procedures 9-10 October 2017 Berlin This intensive two-day training covers all topics that you need for the start in the State aid field. Our experts will give you an overview on: Structure of the system of State aid control and obligations of all parties involved, Concept of State aid and its application in practice, De minimis aid and State aid exemptions, Practical application of the GBER (incl. case studies on culture or heritage conservation and audio-visual works), Notification of State aid cases to the European Commission, Assessment of compatibility of aid by the European Commission, Recovery of incompatible aid.