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The modernisation of public procurement - COD

IMCO 26-06-2019 - 10:34
Marc Tarabella © European Union

The IMCO Committee has considered the Commission's proposals for a modernisation of the EU public procurement rules (rapporteur: Marc Tarabella, S&D). This included the revision of Directive 2004/18/EC ("Classic Directive") on procurement by public authorities, and of Directive 2004/17/EC on procurement by entities operating in the water, energy, transport and postal services sectors ("Utilities Directive"), as well as a new instrument for the award of concessions contracts. This was further complemented by the adoption of a Directive on electronic invoices in public procurement ("e-invoincing"), and an international procurement instrument ('IPI') on access to and from third country procurement markets, conducted jointly by IMCO and INTA.
Public procurement is the process used by government institutions, public sector organisations and certain undertakings in the utilities sectors to buy supplies, services and public works. Such expenditure is a significant and influential component of the economy. The reform aimed to make the existing rules more flexible and easier to apply, to enable a greater strategic use of public purchasing power (to achieve green, social and innovation-related objectives) and to increase the use of new procurement techniques and tools such as joint buying and e-procurement. The basic challenges had already been debated in two IMCO own initiative reports (rapporteur: Heide Rühle, Greens), adopted in plenary in 2010 and 2011, in response to the Commission's Green Paper consultation.
The parliamentary works were completed within the record period of 2 years: The European Commission presented its proposal, issued in December 2011, and the Impact Assessment to the IMCO Members on 9 January 2012, followed by a first exchange of views on 29 February 2012. The negotiations were successfully concluded at first reading with the confirmation of the agreement by COREPER I in July 2013 and IMCO endorsement on 5 September 2013. The full modernisation package was adopted by Parliament in a plenary vote on 15 January 2014, and by Council on 11 February 2014. Amendments had been considered on 18 September and 5 November 2012, and compromise amendments on 28 November 2012. On 18 December 2012 and 24 January 2013, IMCO adopted its reports on, respectively, the classic and the utilities proposals (Classic Directive: 23 votes in favour, 8 against and 7 abstentions; Utilities Directive: 25 votes in favour, 5 against and 8 abstentions). Informal trilogue negotiations with the Council then lasted from February until July 2013.
The package was published in the Official Journal of the European Union on 28 March 2014, and has entered into force on 17 April 2014.
Rapporteur: Marc Tarabella (S&D)
Shadow rapporteurs: Frank Engel (EPP), Jürgen Creutzmann (ALDE), Heide Rühle (Greens), Malcolm Harbour / Edvard Kožušník (ECR), Dennis de Jong (GUE), Matteo Salvini (EFD).


    EP resolution of 15 January 2014 (Classic directive)
    EP resolution of 15 January 2014 (Utilities directive) - EP resolution of 15 January 2014 Utilities directive)
    Press release - Press release

Consolidated texts of the agreement

    Classical Directive
    Utilities Directive
    Utilities Directive: corrigendum

Four-column document

    Four-column Classic Directive - 4-column document
    Four-column Utilities Directive - 4-column document

Press release

    Procurement Package: Internal Market MEPs vote to open up negotiations with MS - Press release Public Procurement

Final reports

    Final report Utilities Directive
    Final report Classic Directive - revised version


    Timetable 21/11/2012 - Timetable

Working Document

    Working Document II (Shadows work plan)

Official documents Classic Directive

    Draft Report Classic Directive EN
    Draft Report Classic Directive FR
    Draft Report Classic Directive DE
    Amendments - Classic Directive - Vol I - cross language
    Amendments - Classic - Vol II - cross language
    Amendments - Classic - Vol III - cross language
    Amendments - Classic - Vol IV - cross language
    Amendments - Classic - Vol V - cross language
    Amendments - Classic Directive - Vol I - EN
    Amendments - Classic Directive - Vol II - EN
    Amendments - Classic Directive - Vol III - EN
    Amendments - Classic Directive - Vol IV - EN
    Amendments - Classic Directive - Vol V - EN

Official documents Utilities Directive

    Draft Report Utilities Directive EN
    Draft Report Utilities Directive FR
    Draft Report Utilities Directive DE
    Amendments - Utilities Directive - Vol I
    Amendments - Utilities Directive - Vol II
    Amendments - Utilities Directive - Vol III

E-procurement conference - challenges and opportunities

    Conference practical information
    Vosgelis eprocurement - by Regis Courroy
    Opening SME Opportunities through eProcurement - by Scott Bell
    eTendering in Germany on federal level - by Vergabe
    Estonia's experience in e-procurement - by Agris Peedu
    e-procurement landscape in the EU - by Gabriella Cattaneo
    e-procurement implementation in a utility company - by Milos Olejnik
    e-Procurement Golden book of Good Practice - by Floris Ampe
    e-Procurement experience in Korea - by Ho In Kang
    e-Procurement - by Robert Hunja
    BMS presentation - by Franck Roze

Presentation of e-procurement platforms to commissioner Barnier and EP members

    Programme of the event
    Presentation by C. Schmidt - eTendering in Germany on federal level
    Presentation by G.Roulland - The French Public Procurement Platform

Public hearing on Modernising EU Public Procurement rules

    Presentation by David De Roy
    Presentation by Ph.D. Albano - Consip S.p.A.
    Janet Meissner Pritchard - ClientEarth
    Position paper by ETUC
    Presentation by Jakob Scharff - Danish Chamber of Commerce
    Position Paper by ClientEarth
    Position paper by CEMR
    Speech by Angelika Poth-Mögele - CEMR
    Presentation by Christophe Veys - IWT
    Presentation by ANCP - Government of Portugal
    Notice to Members

IMCO documents

    Committee draft report - EN
    Committee draft report - FR
    IMCO Working document Public Procurement EN
    IMCO Working document Public Procurement FR
    IMCO Working document Public Procurement DE - IMCO Working document Public Procurement DE

European Commission documents

    Presentation on International Procurement Instrument
    Strategy communication on electronic public procurement
    Presentation of the Impact assessment
    Proposal by the European Commission
    Impact assessment
    Impact assessment - Summary

EP resolutions

    Modernisation of public procurement (25 October 2011)
    New developments in public procurement (18 May 2010)