EU Public Sector Directive Coverage and Procedures
|
|
- May Whitehead
- 5 years ago
- Views:
Transcription
1 Dr Aris Georgopoulos Assist. Professor in European and Public Law- Advocate University of Nottingham Global Governance Fellow, Robert Schuman Centre of Advanced Studies,
2 Outline Introduction Coverage Procedures
3 Introduction We have seen in the previous seminar that the rules (the various free movements) and principles (nondiscrimination on grounds of nationality etc.) of the EU Treaties apply in PP
4 Introduction However there are additional legal instruments that regulate PP in EU: A. Directives regulating award procedures: Directive 2004/18/EC (also known as the public sector directive Directive 2004/17/EC (also known as the new utilities directive. It regulates bodies in the field of water, transport, energy and postal services) Directive 2009/81/EC (also known as the defence and security procurement directive ) B. Directives on Enforcement Directive 89/665/EEC (public sector remedies) Directive 92/13/EEC (utilities sector remedies)
5 Introduction!!!! THERE ARE NEW DIRECTIVES THAT ENTERED INTO FORCE ON 26 FEBRUARY MEMBER STATES HAVE TO IMPLEMENT THE NEW RULES BY 18 APRIL A. Directives regulating award procedures: Directive 2014/24/EU repealing Directive 2004/18/EC ( public sector Directive 2014/25/EU repealing Directive 2004/17/EC ( utilities ) Directive 2014/23/EU ( concessions )
6 Introduction According to Article 288 TFEU Directives have to be implemented by Member States in their national legal order. (However remember Direct Effect)
7 Introduction What is the reason for the distinction between public sector, utilities sector? - Historically PP in the Utilities sector was not regulated at EU level. The reason was that utilities activities were delivered in some MSs by public bodies and in others by private enterprises - Where as the first wave of PP regulation in the public sector started in 1964, PP regulation in Utilities began in PP regulation in Utilities is more flexible than the one in the public sector
8 Introduction Evolution of PP regulation in the EU: The previous PP regime in the public sector had three separate directives depending on the subject matter of the contract: - Directive 93/36/EEC (Supplies Directive) - Directive 93/37/EEC (Works Directive) - Directive 92/50/EEC (Services Directive)
9 Introduction The public sector Directive (2004/18/EC) - consolidates all previous three directives into one - follows the basic structure of the previous directives - This means that previous CJEU case law remains relevant
10 Introduction Evolution of PP regulation in the EU: The previous PP regime in the Utilities sector: - Directive 93/38/EEC (Utilities Directive) Current Utilities sector regime - Directive 2004/17/EC
11 Introduction Evolution of PP regulation in the EU: The defence and security sector: Previously considered excluded (to a large extent based on Article 346 TFEU - Directive 2009/81/EC (Defence and Security Directive) Flexible tailor-made regime for defence
12 Coverage [For practical reasons we will focus on the most comprehensive of these directives (the public sector directive)] Contracting Authorities Art 1 (9): State regional and local authorities associations formed by the above bodies "bodies governed by public law"
13 Coverage Meaning of Bodies governed by public law - Art 1 (9): Any Bodies that: has legal personality and is either (i) is financed for the most part by a contracting authority, or (ii) is subject to management supervision by a contracting authority, or (iii) has a board more than half of whose members are appointed by a contracting authority and is established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character
14 Coverage See Also Annex III of the Directive (indicative list of covered contracting authorities for each MS)
15 Coverage Meaning of financed : Case C-380/98, R v HM Treasury ex parte University of Cambridge, [2000] ECR I-8035 (paragraph 21) only the payments that have the effect of creating or reinforcing a relationship of dependency -Examples : - Grants to support research work - Government payment (fully or partially) of student tuition fees Negative examples: - Money for services on a (contractual basis): Use of patents registered by the University
16 Coverage Meaning of for the most part : Case C-380/98, ex parte University of Cambridge (para 33) - Most part = more than half
17 Coverage Meaning of management supervision : Case C-237/99, Commission v French Republic [2001] E.C.R. I- 0939, (para 48 et seq.) - Level of dependence comparable to the one that exist under finance or appointment criteria - The supervision does not have to be linked with the procurement procedures per se - General power of intervention is an strong indicator of management supervision
18 Coverage Meaning of a body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character : Case C-360/96, Gemeente Arnhem v BFI Holding BV, [1998] E.C.R. I-6821) - No numerus clausus of activities considered to involve needs in the public interest - Negative criterion: if the relevant body has been established in a market where public needs are already covered by the private sector AND the government tries only to raise money
19 Coverage Meaning of a body., not having an industrial or commercial character : Joined Cases C-223/99 and C-260/99, Agora v Ente Autonomo Fiera Internazionale di Milan, [2001] ECR I Existence of competition in the relevant market constitutes a strong indicator - Risk bearing (no bail out guarantees from other contracting authorities )
20 Coverage Contracts covered Art. 1(2): contracts concluded in writing for pecuniary interest which are either public works contracts, public supply contracts or public service contracts services contract = procurement contracts which are not works or supply contracts Distinction between priority (Annex II) and Non- Priority services contracts (Arts 20-21)
21 Coverage Contracts covered Art. 1(2): Possibility for contracts having both works and services aspects or supplies and services aspects (Art 1(2)(d) - In this case the contract is a works, supplies or services contract depending on what the main object of the contract is
22 Coverage Applicable Thresholds (i.e. contracts have to be at least of the threshold value): most Central government contracts: Most local/regional government contracts: Most works contracts:
23 Coverage Contracts not covered by the Directive: Hard-Defence contracts linked with essential security interests of the Member States (Art. 10) Arbitration or conciliation services; certain financial services connected with the issue, purchase, sale or transfer of securities or other financial instruments; and certain research and development services (Art. 16) Some international contracts (Art. 15) Publicly subsidised housing schemes (Art. 34)
24 Coverage Hard-Defence contracts linked with essential security interests of the Member States (Art. 10) -!!! New Defence and Security Procurement Directive 2009/81/EC A tailor-made Directive for carrying out sensitive procurement in the field of security and defence
25 Coverage Contracts not covered by the Directive (continued): Services contracts performed on the basis of special or exclusive rights (Art. 18) Utility contracts (Art. 16)- (covered by Dir. 2004/17/EC Service concession contracts (Art. 17) Contracts awarded to central purchasing bodies (Art. 1(10) and Art. 11)
26 Coverage Contracts not covered by the Directive (cont): What happens with the so-called In-house contracts as well as work awarded to entities in which the contracting authority has an interest? ECJ: Purely in-house contracts not covered Case C-107/98, Teckal Srl v Comune de Viano, [1999] ECR I-8121
27 Coverage Criteria for in-house procurement: when the procuring entity exercises over the party awarded the contract a control which is similar to that which it exercises over its own departments and the entity awarded the contract carries out the essential part of its activities for the public controlling entity
28 Coverage In-house -further elaboration from the ECJ: Case C-26/03 Stadt Halle, : any private interest in the entity awarded the contract, however, small, will preclude the possibility of the test being satisfied Case C-458/03, Parking Brixen v Gemeinde Brixen: usual shareholder power or power to appoint board members is not sufficient to satisfy the control test Case C-340/04, Carbotermo v Comune di Busto Arsizio: shareholding power insufficient (even if almost 100% of shares owned by public authority)
29 General Principles of the Directives (Art. 2): Equal Treatment Transparency Non-discrimination Coverage The principles have been used as: -Tools of interpretation of the rules - A source for establishing new obligations not explicitely provided in the Directive
30 Coverage Meaning of Equal Treatment: comparable situations must not be treated differently and that different situations must not be treated in the same way, unless such treatment is objectively justified Cases C21/03 and C-34/03, Fabricom v État Belge (para 27) Case C-87/94, Commission v Belgium [1996] ECR I (Walloon Buses) ET prevents CA to accept changes in the bid from one but not other bidder or accept a bid that does not comply with the conditions of bid document
31 Coverage Meaning of Equal Treatment: C-16/98, Commission of the European Communities v French Republic, [2000] Equal Treatment applies also to companies that have not participated in the procurement process but would like to participate
32 Public Sector: Award Procedures Standard Procedures: open procedure restricted procedure Non-standard procedures (i.e can be used only if specific conditions are met): competitive dialogue negotiated procedure with a contract notice negotiated procedure without a contract notice
33 Public Sector: Award Procedures!!!The Utilities directive and the Defence directive have the negotiated procedure with prior notice as a standard procedure
34 Art. 28: Public Sector: Award Procedures...They shall award these public contracts by applying the open or restricted procedure. Open procedures: - Any party can submit a tender Restricted procedure: - Two stage process - Only the invited economic operator can submit tenders
35 Public Sector: Award Procedures Common requirements for open and restricted procedures: Draft clear specifications of the contract Publication of procurement notice in the Official Journal of the EU Evaluation of the bids on the basis of objective award ctiteria NO Negotiations Award the contract Post award requirements
36 Public Sector: Award Procedures Competitive Dialogue (Art. 29): New procedure established by Directive 2004/18 Aim: Introduce more flexibility. The open and restricted procedures deemed unsuitale for certain complex infrasrtucture projects It provides a compromise between the relatively unstructured negotiated procedure and the strict and structured open and restricted procedures
37 Public Sector: Award Procedures Competitive Dialogue (Art. 29) cont: It is applicable only when the contracting authority cannot define the technical, financial or legal aspects of the project using open or restricted procedure Question: It is applicable when the contracting authority cannont find the best solution or simply a solution? The legislation is not clear if the negotiated dialogue is a standard or a non-standard procedure
38 Public Sector: Award Procedures Negotiated procedure with a contract notice (Art. 30): The award of the contract is made upon objective, transparent criteria, but they allow for more interraction between contracting authority and economic operators (less structured process) Can only be used on specific grounds (these grounds are narrowly construed)
39 Public Sector: Award Procedures Negotiated procedure with a contract notice (Art. 30) cont: Grounds: For works carried out purely for research, experiment or development Build a prototype technique (if the authority then needs to buy more then it has to use one of the standard procedures) in exceptional cases where overall pricing is not possible Where specifications cannot be drawn up with sufficient precision for formal tendering under the open or restricted procedures (services)
40 Public Sector: Award Procedures Negotiated procedure with a contract notice (Art. 30) cont: Question: Is there an overlap with the grounds for the use of competitive dialogue? It is not clear which procedure would apply. The CJEU has not ruled yet. It could be that as a matter of principle competitive dialogue would be required since it is more transparent as a procedure.
41 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) : The least transparent procedure CJEU: The grounds for the use of this procedure are narrowly construed, AND the burden of proof is on the contracting authority to show that these grounds are met
42 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds Goods to be manufactured purely for research, experiment, study or development where the works, goods or services can be provided only by one particular provider for technical or artistic reasons or for reasons connected with exclusive rights (for example intellectual property rights)!!! Contracting authorities should be cautious because even if there is a contractor with a patent there might be other firms that can manufacture alternative equivalent products. The use of negotiated without notice would not be justified in that case.
43 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds In cases where it is "strictly necessary" for reasons of "extreme urgency", which were unforeseeable and cannot be attributed to the authority - CJEU: extremely strict interpretation Commission of the European Communities v Kingdom of Spain ("Madrid University case"), [1992] ECR I-1989
44 Public Sector: Award Procedures Commission v Kingdom of Spain ("Madrid University case"): Contract about an extension and alteration of a building. Spain argued that the use of the negotiated procedure was necessary because it was urgent to complete the alteration before the start of the new academic year (more student were expected) CJEU: the contract could be completed in time by using the accelerated restricted procedure (a specially shortened version of the restricted procedure). Also the urgency was foreseeable
45 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds in certain cases where extra work is awarded to an existing contracting partner: - for unforeseen works or services which are additional to an existing contract a) work/services cannot technically or economically be separated from the main contract without great inconvenience b) works/services are strictly necessary to the original contract NB the value of the work does not exceed 50% of the value of the original contract. - repetition of works or services under an existing contract, where the original contract notice mentioned that additional work might be awarded to the same party, and it is part of the same project
46 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds in certain cases where extra work is awarded to an existing contracting partner: - where the goods are a partial replacement for or addition to existing goods or installations, and to use another firm would involve incompatibility or disproportionate technical difficulties
47 Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds where an open or restricted procedure was held but no tenders were received for services, where the contract is negotiated with firms who were successful in a design contest held under the directive Where an open or restricted procedure has been held, but all tenders were either irregular or unacceptable If the authority continues to negotiate with all tenderers there is no need to re-advertise. If it does not wish to negotiate with all the tenderers, it must use the advertised version of the negotiated procedure
48 for purchases under particularly advantageous conditions from firms which are winding up, or in circumstances of insolvency/bankruptcy NB only for supplies Example liquidation sales EU Public Sector Directive Coverage Public Sector: Award Procedures Negotiated procedure without a contract notice (Art. 31) cont: Grounds for goods purchased on a commodity market i.e an international market in which goods or bought for future delivery through an exchange on which prices are set by regulation rather than the market example, metals, cocoa etc.
Environmental Aspects in EU Procurement Law. Lecturer: Dr. Ohad Graber-Soudry
Environmental Aspects in EU Procurement Law Lecturer: Dr. Ohad Graber-Soudry Lecture overview (1) Legal framework (2) The EU procurement Directives Scope and structure Procedures Qualification and award
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION INTERPRETATIVE COMMUNICATION
EN EN EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 05.02.2008 C(2007)6661 COMMISSION INTERPRETATIVE COMMUNICATION on the application of Community law on Public Procurement and Concessions to Institutionalised
More informationSpecimen. Voluntary ex ante transparency notice. Section I: Contracting authority/entity. Supplement to the Official Journal of the European Union
Supplement to the Official Journal of the European Union Info and online forms: http://simap.ted.europa.eu This notice aims at providing voluntary prior transparency as referred to in Article 2d(4) of
More informationCOMMISSION INTERPRETATIVE COMMUNICATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 23.6.2006 COMMISSION INTERPRETATIVE COMMUNICATION on the Community law applicable to contract awards not or not fully subject to the provisions of the Public
More informationthat these standards can only be delivered effectively by devolution of responsibility to the frontline;
UK GOVERNMENT RESPONSE TO THE EUROPEAN COMMISSION S GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS, MAY 2004 The UK Government welcomes the debate on the
More informationSpecimen. Contract award notice Results of the procurement procedure. Section I: Contracting authority
Supplement to the Official Journal of the European Union Info and online forms: http://simap.ted.europa.eu Section I: Contracting authority I.1) Name and addresses 1 (please identify all contracting authorities
More informationPublic Procurement Procedures
Brief 10 September 2016 Public Procurement Public Procurement Procedures CONTENTS Introduction Main types of competitive procedures available When can each of the main competitive procedures be used? Innovation
More informationRecent developments in the ECJ s jurisprudence on Public Procurement. Prof Christopher H. Bovis
Recent developments in the ECJ s jurisprudence on Public Procurement Prof Christopher H. Bovis ECJ case law on public procurement 1. Overview 2 Different types of procurement case Commission actions v.
More informationCORRESPONDENT S REPORT NEW PUBLIC PROCUREMENT RULES IN THE EU
CORRESPONDENT S REPORT NEW PUBLIC PROCUREMENT RULES IN THE EU HUBERT ANDRÉ-DUMONT Partner, McGuireWoods LLP, Brussels Bar STEVEN ONGENA Partner, McGuireWoods LLP, Brussels Bar On 11 February 2014, the
More informationThe Act on Public Contracts, EU state aid rules, and funding granted by Innovation Funding Agency Business Finland
Guide 1 (5) The Act on Public Contracts, EU state aid rules, and funding granted by Innovation Funding Agency Business Finland Contents 1 Scope of application of the guide 1 2 The Act on Public Contracts
More informationEuropean Maritime and Fisheries Fund Competitive Tendering and Public Procurement. Technical Guidance Notes
Welsh Government Rural Communities Rural Development Programme 2014-2020 European Maritime and Fisheries Fund 2014-2020 Competitive Tendering and Public Procurement Technical Guidance Notes Crown Copyright
More informationSUSTAINABLE PROCUREMENT
16 November 2017 Oslo, Norway SUSTAINABLE PROCUREMENT AND ITS LEGAL EFFECTS Dagne Sabockis PhD Candidate Stockholm School of Economics Public procurement amounts to ca 14 % of the total EU GDP* or 2 000
More informationPublic tendering and legal aspects of project business in Romania
Public tendering and legal aspects of project business in Romania Ligia Cecilia Popescu/Fabiola Meister Wolf Theiss Bucharest, Romania April 9, 2013 Public Procurement plays key role in new Government
More informationPubic Monopolies, Concessions and Competition Law and Policies
Intergovernmental Group of Experts on Competition Law and Policy Geneva, 7-9 July 2009 Pubic Monopolies, Concessions and Competition Law and Policies By European Communities The views expressed are those
More informationVoluntary ex ante transparency notice
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationReform of Public Procurement Strategy, Policy and Priorities. Professor C. H. Bovis
Reform of Public Procurement Strategy, Policy and Priorities Professor C. H. Bovis Objectives of EU Procurement reforms 1. Simpler / more flexible procedures 2. Strategic use 3. Better access (SMEs, cross-border
More informationProcurement by Utilities
Brief 16 Public Procurement September 2016 Procurement by Utilities CONTENTS Utilities procurement in context When does the Utilities Directive apply? Which entities are subject to the application of the
More informationREPORT ON EU ALIGNMENT OF NEGOTIATED PROCEDURE IN THE EXISTING UKRAINIAN PUBLIC PROCUREMENT LAW. Olexandr Shatkovskyi. 30 May 2014
HARMONISATION OF PUBLIC PROCUREMENT SYSTEM IN UKRAINE WITH EU STANDARDS REPORT ON EU ALIGNMENT OF NEGOTIATED PROCEDURE IN THE EXISTING UKRAINIAN PUBLIC PROCUREMENT LAW Olexandr Shatkovskyi 30 May 2014
More informationIntroduction to Public Procurement Law
Introduction to Public Procurement Law The Directives Public procurement relates to the purchase of goods and/or services by public bodies, bodies governed by public law and entities operating in the utilities
More informationby Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1
Defence Procurement by Mogens Aarestrup Vind and Fie Anna Aaby Hansen, Eversheds Advokataktieselskab 1 The new public procurement rules specific for the defence industry are expected to pave the way for
More informationHow to buy, what to buy
the voice of the NHS in Europe consultation March 2011 How to buy, what to buy Revising the EU public procurement rules Key points The European Commission Green Paper investigates ways in which the current
More informationImplementation of the 2014 procurement directives across EU Member States
23568714.1 Implementation of the 2014 procurement directives across EU Member States June 2016 CONTENTS THE 2014 EU PROCUREMENT DIRECTIVES 1 Public Contracts Directive (2014/24/EU) 1 Utilities Contracts
More information8. But so far the principle of local and regional self-government has not been properly respected in the EU framework. The problem is not confined to
1 March 2009 2 Introduction 1. Europe s local and regional governments have always organised and provided essential services for their citizens and businesses. These can be delivered in many different
More informationPOLICY NOTE. The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 SSI 2019/XXX
POLICY NOTE The Public Procurement etc. (Scotland) (Amendment) (EU Exit) Regulations 2019 SSI 2019/XXX The above instrument was made in exercise of the powers conferred by paragraph 1(1) and (3) of Schedule
More informationDRAFT. Principles of handling a crisis in-house
European Food Safety Authority Introduction DRAFT Principles of handling a crisis in-house 1. The Regulation requires the Commission to develop a Crisis Management Plan in close cooperation with the Authority
More informationExpected key changes in the New Directives on Public Procurement
Expected key changes in the New Directives on Public Procurement Internal Market Single Market is the nucleus and core economic driving force of the EU Most effective means of responding to the current
More informationCOMMENTS ON GREEN PAPER ON PPP AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS
COMMENTS ON GREEN PAPER ON PPP AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS 1. General The European Dredging Association is pleased to respond to the Commission Green Paper COM(2004)327. EuDA
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationFactsheet N 12. Focus on public procurement
Version N 7 of 13 July 2017 Table of contents I. WHAT IS PUBLIC PROCUREMENT?... 3 II. HOW TO COMPLY WITH PUBLIC PROCUREMENT RULES?... 4 III. POINTS OF ATTENTION... 5 13/07/2017 2/6 I. What is public procurement?
More informationEIB Procurement Policy
EIB Procurement Policy José Luis Alfaro, Head of Procurement 1 Presentation outline 1. General Principles 1.1 Introduction 1.2 Structure of the Guide to Procurement 1.3 Key points 2. Operations Outside
More informationMunicipality of the District of Lunenburg POLICY
Municipality of the District of Lunenburg Title: Purchasing and Tendering Policy Policy No. MDL-33 Effective Date: January 1, 2014 1. Purpose and Objectives POLICY Amended Date: January 12, 2016 The Municipality
More informationGuideline for Auditors
Public Procurement Working Group Guideline for Auditors Constant De Koninck (Belgian Court of audit) Public Procurement Audit Seminar 14 and 15 October 2010 Lisboa - Portugal 1. Introduction Public procurement
More informationVOLUNTARY EX ANTE TRANSPARENCY NOTICE
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Fax: +352 29 29 42 670 Luxembourg E-mail: ojs@publications.europa.eu Info & on-line
More informationEUROCITIES position on the European Commission legislative proposal on public procurement
EUROCITIES position on the European Commission legislative proposal on public procurement EUROCITIES EUROCITIES is the political platform for major European cities towards the EU institutions. We network
More informationPublic Procurement Audit. Guideline for Auditors
Public Procurement Audit Guideline for Auditors EU public sector procurement Directive 2004/18/EC Guideline for auditors June 2010 Page 1 of 24 Disclaimer This guideline which is intended to serve general
More informationHellenic Court of Audit, Greece
EU CC PUBLIC PROCUREMENT AUDIT 2018 SAIs PUBLIC PROCUREMENT AUDIT REPORTS (additional information) Typical irregularities identified in public procurement audit Hellenic Court of Audit, Greece Main observations
More informationThe EC Public Procurement Strategy: improving quality and access
The EC Public Procurement Strategy: improving quality and access ACE General Assembly The impact of the Single Market Strategy on Architects 2.12.2016 Giuseppe Manganaro European Commission Directorate
More information15220/11 MM/jr 1 DG C I
COUNCIL OF THE EUROPEAN UNION Brussels, 6 October 2011 15220/11 MAP 5 COVER NOTE from: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director date of receipt: 3 October
More informationUniversity Procurement **INSERT DATE**
University Procurement **INSERT DATE** Procurement in the University of Strathclyde Fiona Hughes, Head of Procurement, Sharon Griffin, Procurement Manager, Lauren Leitch Category Manager What We Will Cover
More informationResponse to the European Commission s Green Paper on the Modernisation of EU Public Procurement Policy
Response to the European Commission s Green Paper on the Modernisation of EU Public Procurement Policy 1. Introduction 1.1 We refer to the Commission s Green Paper on the modernisation of EU public procurement
More informationSECTION 17 CONTRACT PROCEDURE RULES
Glossary of terms:- 17.1.1 "Tender" means a sealed bid or proposal to supply or receive goods, materials or services or for the execution of works. 17.1.2 "Contract" means any contract including a Purchase
More informationAN EU INITIATIVE ON CONCESSIONS
AN EU INITIATIVE ON CONCESSIONS QUESTIONNAIRE TO SOCIAL PARTNERS, CIVIL SOCIETY AND OTHER STAKEHOLDERS Profile: WaterInCitizens'Hands (WasserInBürgerhand) www.wasser-in-buergerhand.de, EU register No 97720343850-89
More informationA Short Guide to: The New Utilities Contracts Regulations 2016
A Short Guide to: The New Utilities Contracts Regulations 2016 From a Bidder s Perspective This short guide provides an overview of the new draft Utilities Contracts Regulations 2016 (the Regulations )
More informationCOMMISSION OPINION. of
EUROPEAN COMMISSION Brussels, 25.11.2011 C(2011) 8572 final COMMISSION OPINION of 25.11.2011 pursuant to Article 3(1) of Regulation (EC) No 715/2009 and Article 10(6) of Directive 2009/73/EC - France -
More informationISLE OF MAN GOVERNMENT PROCUREMENT POLICY GD 2017/0026
ISLE OF MAN GOVERNMENT PROCUREMENT POLICY GD 2017/0026 INCLUSIVE TOLERANT SUSTAINABLE INTRODUCTION This Document sets out the Council of Ministers Procurement Policy for Government Ministerial Forward
More informationThe SGEI Communication
The SGEI Communication By Nicola Pesaresi, Adinda Sinnaeve, Valérie Guigue-Koeppen, Joachim Wiemann, Madalina Radulescu 1 1. Introduction: The Communication and its role in the new SGEI package This article
More informationCONTRACT AWARD NOTICE
1/ 11 ENOTICES_tanskr 15/07/2011- ID:2011-099186 Standard form 3 - EN EUROPEAN UNION Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, L-2985 Luxembourg Fax (352)
More informationBrexit paper 9: Public procurement post-brexit
1 Brexit paper 9: Public procurement post-brexit Summary and recommendations 1. Effective public procurement law is essential for ensuring that suppliers of goods and services in the United Kingdom (UK)
More informationSupplement to the Official Journal of the European Union. Official name: National registration number: 2
Supplement to the Official Journal of the European Union Info and online forms: http://simap.ted.europa.eu Section I: Contracting authority I.1) Name and addresses 1 (please identify all contracting authorities
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationIf the expenditure relates to several contracts/procurement procedures, obtain the following information for the contracts to be audited:
ANNEX I: CHECKLIST FOR PUBLIC PROCUREMENT This checklist may be applied to contracts covered by the EU public procurement directives (above thresholds) or where there are doubts about contracts that are
More informationCONTRACT AWARD NOTICE
1/ 11 ENOTICES_paulf4e 21/04/2011- ID:2011-057419 Standard form 3 - EN EUROPEAN UNION Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, L-2985 Luxembourg Fax (352)
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationTHE PUBLIC PROCUREMENT DIRECTIVE AN ANALYSIS OF PROVISIONS FOR PEARLE MEMBERS Ref/ _SL/P6644
THE PUBLIC PROCUREMENT DIRECTIVE AN ANALYSIS OF PROVISIONS FOR PEARLE MEMBERS Ref/22042014_SL/P6644 In December 2011 the Commission launched a proposal on the revision of public procurement rules. After
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationBrooke Weston Trust. Trust Handbook: Policies and Procedures. Procurement Policy. Associated Policies Charging and Remissions
Title Procurement Policy Associated Policies Charging and Remissions REVIEWED: NEXT REVIEW: 1. Policy statement 1.1 This policy (Policy) sets out the rules by which The Brooke Weston Trust (the Trust)
More informationAward Procedures for Public-Private Partnerships (PPPs) for project delivery December 2006
Award Procedures for Public-Private Partnerships (PPPs) for project delivery December 2006 Page 1 of 24 Table of contents 1. Introduction...4 1.1. Definitions...4 1.2. Essential characteristics of PPP
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationOPINION OF ADVOCATE GENERAL ALBER delivered on 11 May 2000 *
OPINION OF ADVOCATE GENERAL ALBER delivered on 11 May 2000 * I Introduction 2. The question has arisen in proceedings brought by the University of Cambridge (or 'the applicant') against the United Kingdom
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationCONTRACT AWARD NOTICE
1/ 13 ENOTICES_hautatu 22/03/2010- ID:2010-036785 Standard form 3 - EN EUROPEAN UNION Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, L-2985 Luxembourg Fax (352)
More informationRWE Thames Water. GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS COM(2004) 327 final
GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS COM(2004) 327 final Position RWE Thames Water Introduction: RWE Thames Water welcomes the Commission s Green
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationAN EU INITIATIVE ON CONCESSIONS
AN EU INITIATIVE ON CONCESSIONS QUESTIONNAIRE TO CONTRACTING AUTHORITIES The Commission is presently assessing the need for and impact of an initiative on concessions 1 with a view to improving the current
More informationERDF National Procurement Requirements
ERDF National Procurement Requirements Page 1 of 41 National Procurement Requirements 1. Background This document provides an overview of the rules governing procurement, which are often complex and can
More informationHow will the UK implement the new public procurement directive?
How will the UK implement the new public procurement directive? 18(2) Member States shall take In its discussion papers, the UK The Cabinet Office's proposed approach is to implement appropriate measures
More informationGREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS
COM(2004) 327 final GREEN PAPER ON PUBLIC-PRIVATE PARTNERSHIPS AND COMMUNITY LAW ON PUBLIC CONTRACTS AND CONCESSIONS Observations by the Central PPP Unit, Department of Finance of IRELAND Introduction
More informationManager, Sourcing Supply and Contracts, Grid Projects Approved By:
Procurement Policy ISSUE DETAILS Effective Date: 1 Policy Owner: Chief Executive Officer Written By: Manager, Sourcing Supply and Contracts, Grid Projects Approved By: Transpower Board of Directors Minute
More informationThe following are the City of Wakefield Metropolitan District Council s responses to the consultation on the modernisation of EU public procurement
The following are the City of Wakefield Metropolitan District Council s responses to the consultation on the modernisation of EU public procurement policy. Questions and responses: 1. Do you think that
More informationApprentices KPIs In Public Contracts. Daniel Milnes Head of Business Law Forbes 2012
Apprentices KPIs In Public Contracts Daniel Milnes Head of Business Law Forbes 2012 Legal Notice Your Attention Is Directed To This Note These materials are supplied as general illustrations of legal issues
More informationBelow-Threshold Contracts
Brief 15 September 2016 Public Procurement Below-Threshold Contracts CONTENTS Introduction Information on national procurement rules, policies and procedures Impact of Treaty principles on below-threshold
More informationJUDGMENT OF THE COURT (Fifth Chamber) 3 October 2000 *
UNIVERSITY OF CAMBRIDGE JUDGMENT OF THE COURT (Fifth Chamber) 3 October 2000 * In Case C-380/98, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the High Court of Justice
More informationLEGAL ASPECTS REGARDING PUBLIC PROCUREMENT IN ROMANIA
121 LEGAL ASPECTS REGARDING PUBLIC PROCUREMENT IN ROMANIA Lecturer Ph.D. Isabela STANCEA "Constantin Brâncoveanu" University of Piteşti, Romania Email: stanceaiza "@ yahoo.com Abstract: For the holders
More informationContract Management arrangements - Procurement Policy update
Agenda item: 13 Report title: Report by: Action: Contract Management arrangements - Procurement Policy update Gordon Duffus, Head of Procurement, Resources and Quality Assurance, gordon.duffus@gmc-uk.org,
More informationL A W ON PUBLIC PROCUREMENT I. GENERAL PROVISIONS. 1. Subject of the Law, Covered parties, Exemptions, Procedure types. Subject of the Law Article 1
L A W ON PUBLIC PROCUREMENT I. GENERAL PROVISIONS 1. Subject of the Law, Covered parties, Exemptions, Procedure types Subject of the Law Article 1 This Law shall govern: the conditions, manner and procedure
More information2, rue Mercier, 2985 Luxembourg, Luxembourg Fax:
European Union Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, 2985 Luxembourg, Luxembourg Fax: +352 29 29 42 670 E-mail: ojs@publications.europa.eu Info & on-line
More informationRole of contracts & procurement
Role of contracts & procurement Many bring sites and/or containers are provided and serviced without any formal arrangement between the different parties (i.e. the local authority and the service provider)
More informationAnnex. concerning. Joint Procurement. to the. Agreement. between. the Governments of Denmark, Finland, Norway and Sweden.
Annex concerning Joint Procurement to the Agreement between the Governments of Denmark, Finland, Norway and Sweden concerning Cooperation in the Defence Materiel Area CONTENTS Annex concerning Joint Procurement
More informationElements of abnormally low tenders: A comparative analysis of EU procurement directive and case law
Elements of abnormally low tenders: A comparative analysis of EU procurement directive and case law Abstract Orjana Ibrahimi Albanian Ministry of Finance Nowadays remains a challenge for the Contracting
More informationGrant Agreement. Public procurement rules and Additional remuneration. DG Research and Innovation
HORIZON HORIZON 2020 2020 Grant Agreement Public procurement rules and Additional remuneration DG Research and Innovation Public procurement rules in the Grant Agreement Public procurement in the Grant
More informationProcurements falling outside the scope of the EU Directives The issue of cross-border interest
Procurements falling outside the scope of the EU Directives The issue of cross-border interest Nicolas Pourbaix, Counsel 5 March 2015 EJTN / ERA Training on EU Public Procurement Law for Judges Outline
More information28/08/2016. State Monopolies. Obligation to adjust. Lecture: State Monopolies Alcohol & Public Health
Lecture: State Monopolies Alcohol & Public Health Jörgen Hettne jorgen.hettne@har.lu.se 1 State Monopolies Article 37 TFEU provides: 1. Member States shall adjust any State monopolies of a commercial character
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 9.11.2004 COM(2004) 745 final REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT ON INCENTIVES FOR EMAS REGISTERED ORGANISATIONS {SEC(2004)1375}
More informationDISCUSSION PAPER ON DUAL SYSTEMS FOR PUBLIC PROCUREMENT
HARMONISATION OF PUBLIC PROCUREMENT SYSTEM OF UKRAINE WITH EU STANDARDS www.eupublicprocurement.org.ua DISCUSSION PAPER ON DUAL SYSTEMS FOR PUBLIC PROCUREMENT Steen Bruun- Nielsen April 2015 A Project
More informationSingle Market Scoreboard
Single Market Scoreboard Performance per Policy Area Public Procurement (Reporting period: 01/2016-12/2016) About Public procurement the buying of works, goods or services by public bodies accounts for
More informationMEDIA Training on Public Procurement
Improving Administrative Capacities in the Area of Public Procurement in Kosovo EuropeAid/132388/C/SER/XK MEDIA Training on Public Procurement February 2014 in Kosovo and implemented by Training objective
More informationMG ALBA PROCUREMENT POLICY AND SCHEME OF TENDERING
MG ALBA PROCUREMENT POLICY AND SCHEME OF TENDERING 1 PROCUREMENT POLICY 1 Purpose and Compliance 1.1 The purpose of this Procurement Policy and Scheme of Tendering is to set clear rules for the procurement
More informationCOMMISSION OPINION. of
EUROPEAN COMMISSION Brussels, 25.11.2011 C(2011) 8569 final COMMISSION OPINION of 25.11.2011 pursuant to Article 3(1) of Regulation (EC) No 715/2009 and Article 10(6) of Directive 2009/73/EC - France -
More informationEvaluation and comparison of tenders and the use of procurement to promote industrial, social and environmental policies
21 January 2009 Original: English United Nations Commission on International Trade Law Working Group I (Procurement) Fifteenth session New York, 2-6 February 2009 Evaluation and comparison of tenders and
More informationPrinciples of public procurement: the basis for good performance. Istanbul, May 27-30, 2014
Principles of public procurement: the basis for good performance Daniel Ivarsson, OECD/SIGMA Istanbul, May 27-30, 2014 OECD Context: the need for good public administration EU accession: emphasis on rule
More informationBrief Guide to Public Sector EU Procurement Legislation. Services for professional procurement. Be better informed, make better decisions.
Services for professional procurement. Be better informed, make better decisions. Brief Guide to Public Sector EU Procurement Legislation www.achilles.com Public procurement in the European Union (EU)
More information2014 EU Directives: Concessions
Brief 31 July 2014 Public Procurement 2014 EU Directives: Concessions CONTENTS Introduction Structure and content of the Concessions Directive Subject matter, scope, definitions Exclusions Concession notices
More information15489/14 TA/il 1 DG E 2 A
Council of the European Union Brussels, 20 November 2014 (OR. en) Interinstitutional Files: 2013/0028 (COD) 2013/0029 (COD) 15489/14 TRANS 528 CODEC 2240 NOTE From: To: General Secretariat of the Council
More informationCouncil of the European Union Brussels, 22 May 2017 (OR. en)
Council of the European Union Brussels, 22 May 2017 (OR. en) Interinstitutional File: 2016/0398 (COD) 9507/17 NOTE From: To: Presidency Council COMPET 431 MI 442 ETS 43 DIGIT 146 SOC 419 EMPL 326 CONSOM
More informationBY LAW 9 CONCERNING PROCUREMENT, SERVICE AND CONSTRUCTION WORK CONTRACTS
BY LAW 9 CONCERNING PROCUREMENT, SERVICE AND CONSTRUCTION WORK CONTRACTS This By law was adopted for the first time by Resolution Number 290 07 on December 10, 2002 and subsequently amended by Resolution:
More informationEUprocurement legislation Importancefor theeuropean neighbourhood. Olivier Moreau Desk officer DG MARKT/Unit C1
EUprocurement legislation Importancefor theeuropean neighbourhood Olivier Moreau Desk officer DG MARKT/Unit C1 EU procurement legislation: past, present, future Importance for the Neighbors Creating a
More informationThere is a need for EU rules on public procurement in the water, energy, transport and postal services sectors. (Q10)
The European Confederation of Worker Cooperatives, Social Cooperatives and Social and Participative Enterprises CECOP position on European Commission s Green Paper on the modernisation of EU public procurement
More informationGuide to the New Public Contracts Regulations 2015
Guide to the New Public Contracts Regulations 2015 1. Introduction Public procurement has been undergoing a process of reform. The final version of the Public Contracts Regulations 2015 (Regulations) was
More informationCONTRACT AWARD NOTICE
1/ 12 ENOTICES_ETFLS 01/03/2011- ID:2011-030572 Standard form 3 - EN EUROPEAN UNION Publication of Supplement to the Official Journal of the European Union 2, rue Mercier, L-2985 Luxembourg Fax (352) 29
More informationEU Public Sector Outsourcing : The Legislative Rules
EU Public Sector Outsourcing : The Legislative Rules Introduction The trend toward outsourcing IT is not new. During the 1980 s in the UK, as the Thatcher Government began to privatise public utilities
More information