Brussels, 11/12/2012 (Agence Europe) - On Monday 10 December, European ministers responsible for competitiveness managed to reach a political agreement of principle on revision of the “markets” directives (2004/17/EC and 2004/18/EC) and the legislative proposal to introduce a European framework on concession contracts. The agreement is based on three compromise texts submitted by the Cypriot presidency of the Council of the EU (see EUROPE 10747 and10748). The political agreement paves the way to negotiations with the European Parliament, which is expected to give its opinion next week on the “public markets” directives and concessions this coming January.
The Cypriot minister for trade and industry, Neoklis Sylikiotis, was delighted that the Competitiveness Council obtained a common position on reform of the rules on awarding public contracts. He listed the issues to be covered in the reform: simplification, flexibility, strategic use of public markets to tackle new challenges, improving SMEs' access to these markets and governance. The Commissioner for the internal market, Michel Barnier, emphasised that these texts are part of the simplification agenda, particularly for Small and Medium-Sized Enterprises.
Belgium and Italy, with backing from the Commission, insisted that future rules on awarding public contracts be applied as soon as possible, particularly before the 24 month deadline suggested by the Cypriot presidency comes to an end. Barnier pointed out the urgent matter of growth and called on ministers to activate all the different levers for creating this growth. Austria wanted more time. Belgium would have liked the legislative review to take social and environmental considerations more into account and make a reference to international employment conventions. On the subject of the “special services” directive, the Cypriot presidency's draft compromise reintegrates provisions on third countries, despite the misgivings from free trade countries like the United Kingdom and Finland. Sylikiotis said that there was no reason to wait for the discussions on the reciprocity instrument on European public markets and third countries to be finalised.
Concessions. On the question of concessions contracts, the Council and the European Parliament sought to simplify the Commission's initial proposal. Nonetheless, the text helps towards keeping the main objectives, namely legal security for the appropriate adjudicating powers and operators, as well as helping to promote transparency and equal treatment, which should help create a genuine single concessions market, explained Barnier. France managed to obtain a scaling down of the rules framing negotiating procedures. (MB/transl.fl)