Transcript Document
Public procurement oversight Stará radnice v Brně 10/10/2013 Jaroslav Kračún European Commission Directorate General Internal Market and Services Oversight and review procedures Oversight • Monitoring, implementation, guidance, control • Independent national body + public • Not regulated so far in directives on public procurement • Proposal for a new directive: detailed provisions • Pre-adopted new directive: lighter provisions Review procedures • Redress of illegal situation • Participating + "potentially harmed" entities • Directives 89/665/EEC and 92/13/EEC, as amended by directive 2007/66/EC 17/07/2015 Proposal for a new directive: Oversight National oversight bodies • Member state designates an independent body to oversee public procurement • Oversight and coordination of implementation activities • Contact point for European Commission • Annual report • Success level of SMEs • Sustainable policies: environment, social inclusion, innovation • Infringements with impact on EU budget • Centralised data on fraud, corruption, conflict of interests 17/07/2015 Proposal for a new directive: Oversight Tasks of oversight body • Monitoring of PP rules implementation • Advice and interpretation of PP rules for contracting authorities • Opinions and guidance on systemic problems • Red flag system for fraud, corruption, conflict of interests • Reporting to competent bodies • Handling complaints from public and communication with competent bodies • Monitoring of decisions of national and EU courts • Analysis of inquiries, in particular from European Commission for cases with impact on EU budget • Registry of contracts over 1 and 10 m€ + disclosure according to applicable rules 17/07/2015 Proposal for a new directive: Assistance to authorities and business Technical support structures • Legal and economic consultancy, guidance and assistance in public procurement procedures for contracting authorities • Assistance to business • At home • In particular for SMEs • Assistance with interpretation of directives and national legislation • Assistance with electronic tools • Abroad • Assistance with administrative requirements • Assistance in the area of taxation, environment, social and labour requirements 17/07/2015 Pre-adopted new directive Monitoring • Member State designates an oversight body • Own or external initiative • Inquiry about infringement of rules or systemic failure • Transmission of findings to competent authorities and public • Report on main difficulties to European Commission, 3 years • • • • Most frequent infringements or legal uncertainty Systemic problems Level of participation of SMEs Prevention, detection and reporting of fraud, corruption and conflict of interest Guidance • Free of charge for authorities and businesses on EU law • For contracting authorities on planning and running procedures Registration and disclosure of contracts 17/07/2015 Pre-adopted new directive Reporting on individual contracts • Identification of participants • Justification of choices of certain procedures and exclusions of participants • Documentation of all procurement process archived for 3 years and available for competent authorities on request Statistical reports • European Commission retrieves information from notices • Lacking information shall be supplied by Member States + estimate information for under-threshold contracts • Information on national institutions, their competences and on implementation of EU law Administrative cooperation • Contracting authorities, oversight and review bodies, also within the Internal Market Information System (IMI) 17/07/2015 Thank you for your attention All information can be retrieved at our website: http://ec.europa.eu/internal_market/publicprocurement/index_e n.htm Contact: [email protected] 17/07/2015