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GOSZAKAZ – 2011 March 24, Moscow

Public Procurement: Overview of current developments and forthcoming legislative review. GOSZAKAZ – 2011 March 24, Moscow. Erik Nooteboom DG Internal Market and Services, European Commission. ec.europa.eu/internal_market/publicprocurement. EU procurement: some figures.

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GOSZAKAZ – 2011 March 24, Moscow

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  1. Public Procurement:Overview of current developments and forthcoming legislative review GOSZAKAZ – 2011 March 24, Moscow Erik Nooteboom DG Internal Market and Services, European Commission ec.europa.eu/internal_market/publicprocurement

  2. EU procurement: some figures • Total public expenditure on goods and services = 2’100bn€ in 2009 (19% of GDP); • 400bn€ procurement contracts advertised @ EU level: 150’000 above threshold procedures; • 200’000+ contracting authorities in EU; 30’000+ authorities publish in OJ TED in any 1 year, typically once; • Average number of bidders for EU procedure = 5 • Markets remain predominantly national/local – 1.5% of contracts awarded cross-border • EC Directives on « Classical » procurement of goods & services, « Utilities » («2004 package »), Remedies and Defense

  3. EU Procurement review & modernisationof the « 2004 package » Green Paper on modernisation of EU public procurement policy (early 2011) Evaluation of impact and effectiveness of EU procurement policy (June 11) Responses to GP: April 2011 Impact Assessment for legislative proposals Legislative proposals End 2011/early 2012

  4. Current EU work-programme 2011 • Legislative modernisation (leg proposals end 2011) • E-procurement (road-map of legislative/non-leg changes - Sept); • Public-public co-operation (Q&A) • Service concessions proposal (May) • Third country aspects (leg proposal - summer);

  5. Reasons to review EU procurement legislation • Do rules open markets and delivering better procurement outcomes ? • Issues surrounding scope • Simplify/reduce admin burden/increase flexibility • Support strategic procurement • Adapt to changes in procurement markets: • Centralisation, aggregation (10% of purchases via framework agreements), e-procurement (fast replacing paper-based procurement in several MS)

  6. Leg. Review: Scoping issues • Change thresholds ? • Public-public cooperation: • Utilities procurement: continued need for rules on procurement purchasing by utility operators ? • Review distinction between Annex 2A and 2B services? • Caveat: room for manoeuvre on scope is heavily circumscribed by GPA.

  7. Simplifcation/flexibility • Make procedures easier to perform, more flexible: • More scope for negotiaion ? • Lighter rules for frequently puchsed goods and services? • More pragmatism on selection/award criteria? • Lighter-touch rules for smaller authorities or smaller contracts ?

  8. Strategic procurement: • Allow other policy objectives to be taken into account (reduce focus on ‘best value for money’) • Currently EU legislation is permissive within limits (criteria to be linked to the subject of the contract) • Issues for discussion: • Factors not linked to the subject of supply/service; • Obligations on ‘what to buy’? • complication and cost for individual purchasers; • How to limit potential for market-restriction.

  9. What happens next? • Green Paper consultation ends 18.04.2011: • Analysis and publication of feedback statement; • Publication of evaluation of existing Directives - June • EP opinions (May/June?) • Possible conference: 30/06 • Commission proposal – Dec 2011/Jan 2012 • http://ec.europa.eu/internal_market/publicprocurement/news_en.htm

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