European Directives on Procurement and Concessions Status of Transposition Process

Similar documents
Consultative Workshop on Law Review and Law Initiative by the Cambodian Parliament 22/06/2015 Phnom Penh

FEFPEB Interpal 2018

EU Energy Efficiency Directive (EED) Article 8

IMPLEMENTATION OF ARTICLE 33 and ARTICLE 41 OF DIRECTIVE 2009/73/EC regarding Gas Storage

Implementation of the 2014 procurement directives across EU Member States

Principles of division into regions, and check marks of the healthcare and social welfare reform

Chapter 7. The interface between member states and the EU. Assessment and recommendations

GDPR Implementation. State of play in the Member States on 6 December 2017

Civil Society Europe welcomes this timely consultation in a context of growing citizens distrust in 1

EU Policy News Bulletin Energy

The explanatory note on the treaty on Stability, Coordination and Governance

Composition of the European Parliament

Mr Jean-Pierre Gennotte - Federal Public Service Pers & Org / Federal e-procurement Service

Measuring compliance costs. Integrating practical methodologies in impact assessments. - Experciences in Germany -

COMMENTS ON LEGISLATIVE INITIATIVE IN EUROPE. Ms Angelika NUSSBERGER (Substitute Member, Germany)

NEWS IN BRIEF IN THIS ISSUE: ISSUE 34 NOVEMBER News Institutional developments College of Commissioners Climate Change Other News

Fixing Directors' Remuneration in Europe. Governance, Regulation and Disclosure

Understanding the European Council in Lisbon and the Reform Treaty. Jean-Dominique Giuliani Chairman of the Robert Schuman Foundation

Transposition of Directive 2008/6/EC Dr. Robert Pochmarski, LL.M. (EUI) CERP Plenary May, Dublin

Mohawk Industries/Dal-Tile International is continuing to phase out paper invoices!

Treaty on stability, coordination and governance in the Economic and Monetary Union (2 March 2012)

Executive Summary - Portugal

COUNCIL OF THE EUROPEAN UNION. Brussels, 27 April 2004 (OR. en) 5565/1/04 REV 1. Interinstitutional File: 2003/0214 (AVC) AVIATION 17 OC 44

This document is a preview generated by EVS

This document is a preview generated by EVS

Implementation of the Water Framework Directive in the Czech Republic

Dear Valued Supplier,

STATE OF PLAY ON REASONED OPINIONS AND CONTRIBUTIONS SUBMITTED BY NATIONAL PARLIAMENTS UNDER PROTOCOL 2 OF THE LISBON TREATY

Embedding Regulatory Policy in Law and Practice

SIGMA Support for Improvement in Governance and Management A joint initiative of the OECD and the European Union, principally financed by the EU

COUNCIL OF THE EUROPEAN UNION. Brussels, 27 October /06 Interinstitutional File: 2006/ 0018(COD) ENT 124 ENV 569 CODEC 1173 OC 826

Luxembourg: Parliament abolishes royal confirmation of laws. 1. The history of the Luxembourg royal assent

COMMISSION OF THE EUROPEAN COMMUNITIES

Worker involvement in the SE Negotiation non worker involvement in the SE Working Paper No. 3/

EUROPEAN COUNCIL Brussels, 31 May 2013 (OR. en)

Thanksgiving is on the way and so is paperless invoicing enroll before November 21 st to ensure you get paid

Free movement of information and data protection, including international aspects

LIMITE EN. Brussels, 15 November EUROPEAN ECONOMIC AREA Council of the EEA EEE 1607/2/11 REV 2

Findings and recommendations with regard to communication ACCC/C/2012/70 concerning compliance by the Czech Republic 1

Ministry of Economy and Finance Treasury Department Directorate II

The Principles of Public Administration. Policy Development and Co-ordination BASELINE MEASUREMENT REPORT

Enrollment Number Reseller Must Complete the Following

Chapter 3. Transparency through consultation and communication

MINISTRY OF TOURISM TENDER PACKAGE

GlaxoSmithKline Biologicals

TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION

ESD implementation in Greece

Challenges in the context of the EURO 2012

Helix Nebula The Science Cloud

COMMISSION OF THE EUROPEAN COMMUNITIES. Recommendation for a COUNCIL DECISION

(Only the Danish, Dutch, English, Estonian, Finnish, French, German, Italian, Latvian, Maltese, Polish and Swedish texts are authentic) (2014/395/EU)

Information on the Member States requirement for the nomination of a pharmacovigilane (PhV) contact person at national level

TERM Member States with national transport and environment monitoring systems

A. INTRODUCTION 01 B. ORDINARY LEGISLATIVE PROCEDURE IN MORE DETAIL 06 C. SPECIAL LEGISLATIVE PROCEDURES: WHERE THE CONSULTATION PROCESS APPLIES 07

The Swedish Government s Action Plan to reduce administrative burden for enterprises

New rules on public procurement have come into force on January 2018

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

ANNEXES. to the REPORT FROM THE COMMISSION. Annual Report 2015 on relations between the European Commission and national Parliaments

REPORT ON THE REGPEX EARLY WARNING SYSTEM FILE ON THE REVISION OF EU LEGISLATION ON PUBLIC PROCUREMENT (COM(2011) 895, 896, 897) 27 MARCH 2012

EEA CONSULTATIVE COMMITTEE

Genesis of the F-Gas Regulation

Background paper. Consulting the public when preparing EU law

Chapter 7. The interface between member states and the European Union

Work programme of the German Council for Sustainable Development, 2017 to 2019, pursuant to Section 1 (3) of the Rules of Procedure (GO)

VACANCY NOTICE Reference: 17/EJ/09

Explanatory Memorandum to the Environmental Permitting (England & Wales) (Amendment) Regulations 2018

Act to Promote Economic Stability and Growth 1

REPORT FROM THE COMMISSION ANNUAL REPORT 2010 ON RELATIONS BETWEEN THE EUROPEAN COMMISSION AND NATIONAL PARLIAMENTS

GENERAL ANNOUNCEMENTS

15489/14 TA/il 1 DG E 2 A

Steering Committee meeting. Bonn, 7 September Minutes

Council of the European Union Brussels, 10 November 2016 (OR. en)

Transposition of the 3rd Energy Package Republic of Moldova

PE-CONS 52/17 DGE 2 EUROPEAN UNION. Brussels, 21 November 2017 (OR. en) 2017/0060 (COD) PE-CONS 52/17 TRANS 415 DELACT 189 CODEC 1608

Ghana End of Term Self-Assessment Report

D2.6 EU Summary Report documenting the collected information on recommendations for EPC markets

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

Mondelez Mexico is moving to e-invoicing

CENTRAL MARKETS Project Central Europe Programme. Comparative study on relevant EU and national legislation and policies

METHODOLOGY FOR DETERMINING THE AMOUNT AND SOURCE OF ADMINISTRATIVE BURDEN ON BUSINESSES. Version 1.2

Public Consultation on a proposal for a mandatory Transparency Register

Chapter 7. The interface between member states and the European Union. Assessment and recommendations

1 EU institutions and law making

PUBLIC E-PROCUREMENT

Pringles International Operations Sarl Chemin de Blandonnet , Vernier Switzerland KELLOGG S GOES PAPERLESS

Training Seminar Successful Preparation for the Presidency of the Council of the European Union

Getting new trains on track

1. CONTEXT OF THE APPROVAL OF ROYAL DECREE-LAW 9/2013

Qualification Procedures for the Construction Industry in Europe: General Overview, 2010

The Reform of EU Directives on Public Procurement: Towards more Flexibility

LEGAL BASIS COMMON RULES

Government Act (175/2003; amendments up to 970/2007 included)) Chapter 1 Government organisation and mandates

Paper 3 of 4: ICT Functional Leadership. Proposal. Executive Summary. Office of the Minister of Internal Affairs

Informal Governance in the European Union

Action Fiche for Lebanon. Support to Reform Environmental Governance. EU contribution : EUR 8 million

Frequently asked questions

Chapter 7. The interface between member states and the European Union

Slide 1. The market for Public-Private Partnerships in Germany

(Legislative acts) DIRECTIVES

National Cultural Funds or Foundations. Advisory Bodies / Committees Made up of External Experts

Transcription:

European Directives on Procurement and Concessions Status of Transposition Process Directive 2014/24/EU of 26 February 2014 on public procurement, Directive 2014/25/EU of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and Directive 2014/23/EU of 26 February 2014 on the award of concession contracts (the EU Directives ) must, in the most part, be transposed by Member into national law by 18 April 2016. Below is a table summarising what has already been done and what is expected to be done in the coming months to meet this deadline. Member Belgium No bill has yet been submitted to the Federal Parliament in order to There is no information yet available as to the estimated date of transposition of the EU Directives. France With regard to Directives 2014/24/EU and 2014/25/EU, a decree was adopted on 26 September 2014 and entered into force on 1 October 2014. It mainly relates to the following topics: > innovation partnerships > limitation of the minimum yearly turnover that economic operators may be required to have to twice the estimated contract value > impossibility for public authorities to ask economic operators for documents that are publicly available online Law no. 2014-1545 dated 20 December 2014 authorises the French Government to: > transpose Directives 2014/24/EU and 2014/25/EU into French law > unify/rationalise public procurement rules via an ordonnance rather than via a law. This procedure enables the French Government to proceed faster than the usual legislative process. On 22 December 2014, a draft ordonnance was published on the French Ministry for the Economy and Finance s website for consultation. The consultation period will end on 30 January 2015. With regard to Directives 2014/24/EU and 2014/25/EU, the target is to adopt the ordonnance during the first semester of 2015. With regard to Directive 2014/23/EU, the French Government has not decided yet what type of text will be used to transpose this Directive into French law but we understand that it is scheduled to publish this text by December 2015. Pursuant to this law, the French Government will have to adopt the ordonnance within nine months of the enactment 1

of the law (i.e. no later than 20 September 2015). Germany In Germany, the Federal Ministry for Economic Affairs and Energy (Bundeswirtschaftsministerium) is in charge of implementing the procurement directives into national law. On 18 November 2014, the Ministry published a paper containing the key points of the legislative reform (Eckpunkte zur Reform des Vergaberechts). Due to German procurement legislation being dispersed across a number of laws and/or regulations, the implementation of new procurement directives has always proved to be a rather complex and lengthy process. In particular, some of the national procurement provisions are not to be found in parliamentary acts, but in rules established in co-operation between the state and industry and trade associations. According to the Ministry s key points paper, the transposition of the EU Directives will be used to simplify the traditional structure of German procurement law. In particular, a fundamental revision of the Act Against Restraints on Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) is envisaged which will become even more central to German procurement practice. The various regulations will be adjusted accordingly with a new regulation being introduced for the transposition of Directive 2014/23/EU on the award of concession contracts. In the months ahead, the Federal Government and the competent legislative bodies (Bundestag and Bundesrat) will be occupied with the details of the legislative reform. With regard to the transposition of the EU Directives, the Federal Ministry for Economic Affairs and Energy has published the following schedule: > Decision of the (Federal) Cabinet on the reform of the Act Against Restraints on Competition (GWB): Spring 2015 > Legislation by the Bundestag and the Bundesrat: Autumn 2015 > Decision of the (Federal) Cabinet on the Regulations: Autumn 2015 > Approval of the Bundesrat: Winter 2015/2016 > Entry into force of the acts required for transposition of the EU Directives: 18 April 2016 Italy A bill was submitted to the Italian Parliament in August 2014 to authorise the Italian Government to transpose the EU Directives by means of a legislative decree (decreto legislativo). The Italian Parliament has not yet approved the bill that will authorise the Italian Government to transpose the EU Directives and discussions appear to be in a preliminary stage. According to the bill, the current Italian legislation on public procurement and concession (i.e., Legislative Decree no. 163/2006 Code of Public Contracts and the Decree of the President of the Republic no. 207/2010) will be replaced The target is to transpose the EU Directives by 18 February 2016 in order to meet the deadline provided for the implementation of the EU Directives at national level (i.e. 18 April 2016). 2

by a new consolidated Legislative Decree composed of no more than 200 Articles, instead of the 600 Articles in the current legislation. Netherlands In the Netherlands, the Ministry of Economic Affairs (Ministerie van Economische Zaken) is in charge of implementing the procurement directives into national law. So far, the Ministry has not submitted any legislative proposals, but it announced that a draft proposal will be submitted for public consultation in the first quarter of 2015, a process that is regularly used for legislative proposals. The next step will be the publication of the draft for public consultation, which will indicate how the Government of the Netherlands intends to use the discretionary policy margins left by the EU Directives to Member. It is likely that an important subject such as this will attract serious input from stakeholders. Given the fact that the consultation is expected to take place in the first quarter of 2015, and in view of the average duration of the formal legislative process which will likely commence in the second half of 2015, transposition before the deadline of 18 April 2016 may prove to be rather ambitious. Following the consultation, the proposal results, possibly amended on the basis of the consultation, will be introduced in the formal parliamentary procedure. Poland No bill has yet been submitted to the Polish Parliament in order to The Public Procurement Office in charge of the transposition is considering implementing it through an amendment to the existing Act on public procurement law (PPL) or through a new bill on public procurement. The aim of a new act on public procurement law would be not only to implement the EU Directives but also to replace the existing Act on PPL with a clear and coherent regulation. For the above reasons, this could be a relatively timeconsuming process and therefore, according to the Polish Public Procurement Office, the final decision in that respect should be confirmed in the first quarter of 2015. There is no confirmed information yet available on the estimated date of transposition of the EU Directives. Although the Polish Government s website states that the draft of the bill could be submitted to the Polish Government for approval (which is the preparatory step before sending the draft to Parliament) in the third quarter of 2015, the Polish Public Procurement Office, as the authority in charge, is more sceptical. Given that in Autumn 2015 a new parliamentary election will take place in Poland, it is very difficult to estimate how 3

long it will take to adopt the new bill. A further update will be provided in the first quarter of 2015, once the Polish Public Procurement Office makes its final decision and confirms whether the EU Directives will be transposed through an amendment or within the new Act on PPL. Portugal The Portuguese Government s agenda for the coming months will mainly cover issues connected to the regulation of public procurement activity (there will be an administrative entity responsible for regulating the activity but the powers granted to such entity are yet to be defined) and with e- procurement (in order to solve some issues that have been raised regarding temporal stamps and the interoperability of the electronic platforms). The Portuguese Government aims to meet the deadline for the transposition which is going to be made through a decree-law but it is yet to be defined whether this implementation is going to determine a deep revision of the Public Contracts Code or not. Spain A piece of legislation was approved on 27 December 2013 (Law no. 25/2013) by the Spanish Parliament, already implementing a few of the provisions later incorporated into the EU Directives (e.g. selection criteria of economic operators, introduction of alternative measures to ensure the economic and financial capacity of the operator and measures regarding e-procurement). The Spanish Government is currently drafting the legislation needed to implement the EU Directives. On the request of the Spanish Parliament, the Spanish Government has pledged to implement the EU Directives within the time limit established in the EU Directives. However, the transposition of the main provisions of the EU Directives is still pending. UK On 19 September 2014, the British Government published the first draft of the Public Contracts Regulations 2015 (which implements Directive 2014/24/EU on public procurement) for consultation. The British Government will issue and consult on draft legislation implementing Directives 2014/23/EU and 2014/25/EU (which will be transposed once the Public Contracts Regulations 2015 have come into force). The British Government plans to transpose the EU Directives in three stages. It is expected that the implementing 4

The consultation period ended on 17 October 2014. The consultation was used to address issues which are common to the implementation of the EU Directives. Following the consultation process, the British Government will issue revised implementing legislation. legislation for Directive 2014/24/EU on public procurement will come into force in early 2015; the implementing legislation for Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors will come into force in Summer 2015; and the implementing legislation for Directive 2014/23/EU on the award of concession contracts will come into force by April 2016, the deadline by which the EU Directives must be incorporated into national law. 5