Brussels, 27/01/2011 (Agence Europe) - EU Internal Market Commissioner Michel Barnier unveiled a European Commission Green Paper on updating the EU rules governing public procurement on Thursday 27 January (see EUROPE 10299), explaining that the Commission's objective was to ensure public contract money was spent in the best possible way. The Green Paper opens a public consultation exercise that will run until Monday 18 April 2011 and an external study examining implementation of the current EU directives (2004/18/EC and 2004/17/EC). A European conference will be held on 30 June 2011 to feed into the Commission's reflection process ahead of new legislation expected in 2012.
The extremely detailed Green Paper covers all aspects of public procurement from simplifying and harmonising the contract award system, easing the obligations on local authorities, small business access, tackling fraud, public-private partnerships, and promoting big policy issues like the environment or social policy. Quizzed about the easiest and the most urgent measures, the Commission will not make its views clear at this stage, with an EU official commenting that interested parties are manifesting right, left and centre with very diverse opinions and there are therefore tensions between their aims, amongst which the Commission will obviously have to strike the right balance. The example was given of public contracts that favour social policy but risk introducing extra obligations and increasing the red tape for adjudicating authorities and/or decision-makers.
Reciprocity. On the tricky question of “reciprocity” in non-EU countries' access to public procurement in Europe and vice versa (see EUROPE 10268), Barnier said that the Commission was planning to apply the WTO GPA agreement on public procurement properly but without being naive, an agreement that has not been transposed into EU legislation.
He announced two new items of legislation in the pipeline to encourage e-tender through the use of electronic signatures and ensuring legal security for service concessions. (M.B./transl.fl)