1. EDF Board meeting
Agenda Item 9
Public Procurement Directive
March 2016

2. Public Procurement Directive & UN CRPD
Overview
Public Procurement Directive & UN CRPD
Guidelines for Transposition & implementation
DPOs Involvement & Questions

3. Public Procurement Directive & UN CRPD
20 Reserved Contracts
40 Preliminary markets consultations
42 Technical Specifications
62 Quality assurance standards
67 Contract award criteria
74 Award of contracts for social & other services
76 Principle of awarding contracts
77 Reserved contracts for certain services
Annex VII (a) (b)
Whereas 3 (UNCRPD), 53 (ICT), 76, 99, 101

4. Art 42: accessibility & design for all 1/2
Technical Specifications
Article 42 + Whereas 74
Art.42:
« For all procurement which is intended for use by natural persons, whether general public or staff of the contracting authority, the technical specifications shall, except in duly justified cases, be drawn up so as to take into account accessibility criteria for persons with disabilities or design for all users.”
Member States should develop clear guidelines for the application of Article 42, including specific parameters and limited to cases falling within the wording of the Directive: “except in duly justified cases”

5. Art 42: accessibility & design for all 2/2
Standardisation EN
Public Procurement procedures of ICT should apply national standards or equivalent ! (Art. 42.3(b))
Mandate 420 will create a norm of accessibility for the built environment
The future Mandate 473 (design for all) could be used as quality standard when implementing article 70 and article 62.1

6. Transposition & implementation
Some provisions of the Directive are not compulsory– it’s important to ensure transposition of these articles and adequate implementation
Social Platform Guide on transposition of the Directive
“Reserved contracts” for economic operators that promote the social and professional integration of persons with disabilities and disadvantaged persons.
“Social considerations” as the silver thread through the procurement process.
Putting service users first by designing effective procedures for awarding contracts for social and health services.

7. DPOs Involvement Questions
Do you know if the Directive has been transposed into national law in your country?
Do you know what provisions where transposed?
Have you been involved?
Examples:
Belgium, France, Spain, Sweden

8. Thank you