The Council reached an agreement on a general
approach on the three proposals in the package aiming to
modernise public procurement policy.
The agreements are based on the compromise texts put
forward by the Presidency for each part of the legislative acts
(see 2011/0439(COD) and 2011/0437(COD)).
The Council provided guidance on four important
issues at its meetings on 20 February and 30 May 2012: the
degree of flexibility that should apply in the use of competitive
procedures with negotiation, the application of a lighter regime
for certain categories of services (social, cultural, health,
etc.), the wide use of e-procurement and the supervision and
monitoring of procurement procedures.
The revision of public procurement policy will affect
a wide range of areas applying to the procurement of goods, works
and services, including:
- Making procurement procedures simpler and more
flexible: measures aim to make
procurement easier and less burdensome administratively, and to
create flexibility for public authorities making it possible to
achieve better procurement outcomes. Promotion of electronic
procurement as a more user-friendly feature of procurement
procedures is a cornerstone of the simplification process
throughout the package.
- Strategic use of public procurement in response to new
challenges and common societal
goals such as environmental protection, social responsibility,
innovation, combating climate change, employment, public health and
other social and environmental considerations.
- Better access to the market for SMEs: (i) simplification of documentation requirements in
procurement procedures; (ii) the creation of a standardised
document for selection purposes; (iii) an incentive for contracting
authorities to consider dividing contracts into smaller lots that
are more accessible for SMEs; (iv) a reduction in the number of
requirements for participation.
- Sound procedures:
contracting authorities should take appropriate measures to
prevent, identify and remedy conflicts of interest arising in the
conduct of procurement procedures.
- Governance: Member
States should monitor and report on public procurement activities
in order to improve the effectiveness and uniform application of EU
law in this field.