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Thursday, 25.04.2024, 01:22
Public works for public good: EU’s draft for procurement rules
The new draft is called “Increasing
the impact of public investment through efficient and professional procurement”,
issued in Strasbourg on 3rd
October 2017. The Commission recommends steps to be taken by the EU states to
ensure that public buyers have the business skills, technical knowledge and
procedural understanding. The consultation is open until the end of 2017 and
will feed into future guidance for public authorities, addressing issues such
as how to set a strategy, organise support for innovation procurement or use
innovation-friendly procurement tools.
The
Commission will support EU states in making full use of the possibilities
offered by the new public procurement rules and looks forward to building a
partnership with authorities and stakeholders to improve procurement on the
ground.
Commission’s opinion
Commenting
on the draft, Commission Vice-President for Jobs, Growth, Investment and
Competitiveness Jyrki Katainen underlined that in order to strengthen
further the Single Market the member states need to stimulate investments. It
is the main task for the EU institutions as well to attract private capital with the EU Investment Plan, i.e. to unlock the
full potential of public procurement in ensuring that the €2 trillion spent
yearly in public services and products boost European economy, spur innovation
and help meet sustainability goals.
Commissioner
for Internal Market, Industry, Entrepreneurship and SMEs, Elżbieta Bieńkowska added that encourage public authorities in the EU states to use public procurement
strategically (i.e. as a tool to obtain better value for taxpayers money) to
contribute to a more innovative, sustainable, inclusive and competitive
economy. The Commission will continue to assist the EU states in doing so, and
invites public authorities at all levels of government and other stakeholders
to work in a broad partnership.
Changes needed
The
EU is making an unprecedented effort to stimulate the member states’ economy and
unlock investment, in particular via the Investment Plan
for Europe, and fiscal requirements in the European Semester. These
policies need to be underpinned by structural reforms to foster innovation and
growth. It is therefore crucial to focus on improving the functioning of the
Single Market and the removal of barriers to investment, at the national and
European level.
A
substantial part of public investment in real economy is spent through public
procurement: €2 trillion yearly representing 14% of EU GDP. The Commission will
ensure that this taxpayer money is spent efficiently and effectively in common
European interest.
EU public
procurement legislation requires all public contracts above a
certain threshold to be put out for tender respecting the principles of
transparency, equal treatment and non-discrimination. These rules were
further simplified in 2014.
Rather
than only award a contract on the basis of the best price, authorities are
encouraged to integrate qualitative criteria, demand innovative, energy saving
solutions or insisting on sustainable and socially inclusive approaches.
The
Commission continues to closely monitor the transposition of EU public
procurement legislation into national law, and to help public authorities
understand and take full advantage of the possibilities of public procurement.
In
parallel, as announced in the Industrial
Policy Strategy, the Commission continues to strive to conclude
ambitious procurement chapters in free trade agreements, helping EU companies
to sell abroad. There is an urgent need to unlock the current stalemate in the
Council with regard to the Commission's proposal for an International
Procurement Instrument swiftly.
Commission’s initiative
has four main directions:
·
Definition of priority and areas for improvement. The EU states
are encouraged to develop a strategic approach to procurement policies,
focusing on six priorities: greater uptake of innovative, green and social
criteria in awarding public contracts; professionalisation of public buyers;
improving access by SMEs to procurement markets in the EU and by EU companies
in third countries; increasing transparency, integrity and quality of
procurement data; digitisation of procurement processes; and more cooperation
among public buyers across the EU.
·
Voluntary ex-ante assessment of large infrastructure projects. Complex projects can go
wrong right from the beginning if the project managers do not fully grasp the
complex rules that apply to large-scale procurement. The Commission will set up
a helpdesk that can answer specific questions at an early stage related to projects
with an estimated value over €250 million. For projects of high importance for
the EU state with a total estimated value above €500 million, relevant
authorities can ask the Commission to check the complete procurement plan for
compatibility with the EU procurement legislation, significantly reducing
uncertainties and the risk of delays and legal challenges. The mechanism is
voluntary, the Commission’s advice is non-binding, and information will be
handled subject to strict confidentiality requirements.
·
Recommendation on professionalisation of public buyers. The Commission
recommends steps to be taken by the EU states to ensure that public buyers have
the business skills, technical knowledge and procedural understanding needed to
comply with the rules and make sure that taxpayers get the best goods and
services for their money. The Commission will facilitate the exchange of good
practices and innovative approaches.
·
Consultation on stimulating innovation through public
procurement. Commission
is launching a targeted consultation*) to collect feedback from stakeholders on how to
stimulate innovation through the procurement of goods and services. Procurement
of innovation may concern the outcomes of innovation as well as innovative ways
of purchasing. The consultation is open until the end of 2017 and will feed
into future guidance for public authorities, addressing issues such as how to
set a strategy, organise support for innovation procurement or use
innovation-friendly procurement tools.
More information: = MEMO/17/3544:
Frequently Asked Questions; = Factsheet;
= Communication:
Making public procurement work in and for Europe; = Ex-ante assessment of large
procurement project; = Guidance on professionalisation of
public buyers; = Stakeholder
consultation on guidance on public procurement of innovation; = EU public
procurement legislation.