General introduction to Community legislation in the

field of Public procurement

the classical sector – Directive 2004/18/EC

Mr. Jari KallioDG MARKT

Directorate for Public Procurement PolicyUnit C/1

The main features of the Directives

Some important limits:

- a specific scope,

- key provisions aiming only at coordination,

- need of national implementing measures.

TH

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(e.g. transparency, non-discrimination, equal treatm

ent)

The EC thresholds

National legislation

Secondary EC legislation

- Utilities Directive 2004/17/EC

- Classical Directive 2004/18/EC

- Review Directive I. 89/665/EC

(amended by 2007/66/EC)

- Review Directive II. 92/13/EC

(amended by 2007/66/EC)

- CPV Regulation

transposition

below the EC thresholds

Out of the scope of the Directives

direct application

Actual thresholds

supplies services works

Directive 2004/17/ECAll entities EUR 400 000 EUR 400 000 EUR 5 000 000

Directive 2004/18/ECCentral CAs EUR 130 000 EUR 130 000 EUR 5 000 000

Other CAs EUR 200 000 EUR 200 000 EUR 5 000 000

Directives: main points of coordination

- Definitions

- Scope (thresholds; calculation of the value; exclusions)

- Technical specifications; variants

- Procedures - Advertising/Transparency/Communication

- Conduct of the procedure (suitability, qualitative selection)

- Award of the contract (selection criteria/award criteria)

- Other provisions

Directives: other areas

- Framework agreements- Electronic auction- Dynamic purchase systems- Works and service concessions- Design contest- Competitive Dialogue

Definitions: contracting authorities

State, regional or local authorities, bodies governed by public law, and their associations

A body governed by public law:established for the specific purpose of meeting needs in the

general interest, not having an industrial or commercial character;

having legal personality;financed, for the most part, by the State, regional or local

authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.

Definitions: economic operators

= contractor/supplier/service provider

any natural or legal person or public entity or group of such persons and/or bodies which offers on the market, respectively, the execution of works and/or a work, products or services.

Selection and Award

Selection criteria relate to the capacity of the tenderer-economic-technical-professional

Award criteria relate to the quality of the offer-price-other criteria

- secrecy- special security measures- international rules

Exclusions

- immovable property

- broadcasting program material- arbitration/conciliation services- financial instruments (e.g. securities)- employment- R & D (not exclusively for the CA)

Exclusions/specific regime

3) Other specific exclusions

- service concessions- II B services (e.g. legal, educational, health)- sheltered workshops for the handicapped

Procedures- only the procedures stipulated in the Directives

can be used above EU thresholds- Main procedures: open / restricted

- Use of negotiated procedures strictly regulated

with prior publication of notice

- irregular tenders for open/restricted procedure- prior pricing is not possible- precise contract specification for services- research/no profit works contracts

without publication of notice (main points)

-different rules for different types of contracts

- additional needs- purely research needs- urgency- no tenders submitted for open/restricted procedure- technical/artistic reasons

Flexibility in EC Directives

• Central Purchasing Bodies• Framework Agreements• Competitive Dialogue• Environmental and social issues• Electronic procurement

THANK YOU FOR YOUR ATTENTION!