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
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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
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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
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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
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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
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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)
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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