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General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate.

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Presentation on theme: "General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate."— Presentation transcript:

1 General introduction to Community legislation in the field of Public procurement the classical sector – Directive 2004/18/EC Mr. Jari Kallio DG MARKT Directorate for Public Procurement Policy Unit C/1

2 The main features of the Directives Some important limits: - a specific scope, - key provisions aiming only at coordination, - need of national implementing measures.

3 THE PRINCIPLES OF THE EC TREATY (e.g. transparency, non-discrimination, equal treatment) The EC thresholds National legislation Secondary EC legislation - Utilities Directive 2004/17/EC - Classical Directive 2004/18/EC - Review Directive I. 89/665/EC (amended by 2007/66/EC) - Review Directive II. 92/13/EC (amended by 2007/66/EC) - CPV Regulation transposition below the EC thresholds Out of the scope of the Directives direct application

4 Actual thresholds suppliesservicesworks Directive 2004/17/EC All entities EUR EUR Directive 2004/18/EC Central CAs EUR EUR Other CAs EUR EUR

5 Directives: main points of coordination - Definitions - Scope (thresholds; calculation of the value; exclusions) - Technical specifications; variants - Procedures - Advertising/Transparency/Communication - Conduct of the procedure (suitability, qualitative selection) - Award of the contract (selection criteria/award criteria) - Other provisions

6 Directives: other areas -Framework agreements -Electronic auction -Dynamic purchase systems -Works and service concessions -Design contest -Competitive Dialogue

7 Definitions: contracting authorities State, regional or local authorities, bodies governed by public law, and their associations A body governed by public law: established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; having legal personality; financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.

8 Definitions: economic operators = contractor/supplier/service provider any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.

9 Selection and Award Selection criteria relate to the capacity of the tenderer -economic -technical -professional Award criteria relate to the quality of the offer -price -other criteria

10 - secrecy - special security measures - international rules Exclusions - immovable property - broadcasting program material - arbitration/conciliation services - financial instruments (e.g. securities) - employment - R & D (not exclusively for the CA)

11 Exclusions/specific regime 3) Other specific exclusions - service concessions - II B services (e.g. legal, educational, health) - sheltered workshops for the handicapped

12 Procedures -only the procedures stipulated in the Directives can be used above EU thresholds -Main procedures: open / restricted -Use of negotiated procedures strictly regulated with prior publication of notice - irregular tenders for open/restricted procedure - prior pricing is not possible - precise contract specification for services - research/no profit works contracts without publication of notice (main points) -different rules for different types of contracts - additional needs - purely research needs - urgency - no tenders submitted for open/restricted procedure - technical/artistic reasons

13 Flexibility in EC Directives Central Purchasing Bodies Framework Agreements Competitive Dialogue Environmental and social issues Electronic procurement

14 THANK YOU FOR YOUR ATTENTION!


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