9

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International procurement instrument

30-11-2017

Over the years, the EU has opened up its public procurement markets to third countries to a large degree, yet many of these countries have not granted the EU a similar privilege. This situation has been difficult to address through multilateral or bilateral trade negotiations alone. With this in mind, the European Commission proposed the creation of an international procurement instrument in 2012. The aim of this instrument is twofold: to improve the conditions under which EU businesses can compete ...

Over the years, the EU has opened up its public procurement markets to third countries to a large degree, yet many of these countries have not granted the EU a similar privilege. This situation has been difficult to address through multilateral or bilateral trade negotiations alone. With this in mind, the European Commission proposed the creation of an international procurement instrument in 2012. The aim of this instrument is twofold: to improve the conditions under which EU businesses can compete for public contracts in third countries and to give the EU more leverage when negotiating its access to foreign public procurement markets. To overcome a legislative deadlock on the 2012 proposal, in 2016 the Commission submitted an amended version that would enable it to open investigations into alleged discrimination against EU parties in foreign public procurement markets. If such practices were to be confirmed, the Commission would enter into consultations with the third country concerned to obtain reciprocal concessions on its procurement market. As a last resort, the Commission would be able to impose a price penalty on tenders originating in the third country concerned, giving EU and non-targeted countries' tenders a competitive advantage on EU procurement markets.

The liberalisation of EU port services

10-03-2016

Serving as access points to Europe, the European Union's approximately 1 200 seaports are crucial both for its transport sector and its competitiveness. They also have significant potential for creating jobs and attracting investors. The European Commission plans to redress the huge disparities in performance levels by modernising the port services offered by the EU’s 329 main seaports. The reform is aimed at eliminating unfair competition, guaranteeing a level playing field and improving the commercial ...

Serving as access points to Europe, the European Union's approximately 1 200 seaports are crucial both for its transport sector and its competitiveness. They also have significant potential for creating jobs and attracting investors. The European Commission plans to redress the huge disparities in performance levels by modernising the port services offered by the EU’s 329 main seaports. The reform is aimed at eliminating unfair competition, guaranteeing a level playing field and improving the commercial efficiency of ports. Two previous attempts to liberalise port services (in 2001 and 2004) provoked controversy, particularly regarding their social/labour market aspects, and were rejected by the European Parliament. The latest initiative combines a legislative and a 'soft' approach. The previously contentious cargo handling and passenger services will not be opened up to the market through legislation. Instead, the Commission is focusing on establishing a clear framework for market access to port services and common rules on the transparency of public funding for ports and the charges for users. The 'soft' approach comprises an action plan and the launch of sectoral social dialogue. This briefing updates an earlier edition, of 1 February 2016, PE 573.963. A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html"

Market access to port services

01-03-2016

In a third attempt to liberalise the European Union's port services, in 2013 the European Commission proposed a regulation aimed at eliminating unfair competition and improving the commercial efficiency of the major EU seaports. While establishing a framework for market access to port services, and common rules on both the transparency of public funding for ports and charges for users, the proposal does not affect Member States' social and employment rules.

In a third attempt to liberalise the European Union's port services, in 2013 the European Commission proposed a regulation aimed at eliminating unfair competition and improving the commercial efficiency of the major EU seaports. While establishing a framework for market access to port services, and common rules on both the transparency of public funding for ports and charges for users, the proposal does not affect Member States' social and employment rules.

Liberalisation of EU port services: state of play

30-10-2014

Serving as access points to the continent, Europe’s approximately 1 200 seaports are crucial to both the European transport sector and the competitiveness of the European Union (EU). They also have significant potential for creating jobs and attracting investors. There are huge disparities in performance levels between the various EU ports, however, and this has resulted in traffic diversions, longer journeys by sea and by land, and, consequently, higher CO2 emissions. The European Commission plans ...

Serving as access points to the continent, Europe’s approximately 1 200 seaports are crucial to both the European transport sector and the competitiveness of the European Union (EU). They also have significant potential for creating jobs and attracting investors. There are huge disparities in performance levels between the various EU ports, however, and this has resulted in traffic diversions, longer journeys by sea and by land, and, consequently, higher CO2 emissions. The European Commission plans to resolve this situation through its latest proposal to liberalise port services in the EU’s 319 main seaports.

An Economic Analysis of the Closure of Markets and other Dysfunctions in the Awarding of Concession Contracts

15-06-2012

As concession contracts are long-term agreements that are inherently incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession ...

As concession contracts are long-term agreements that are inherently incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession contracts.

Autor extern

Stéphane SAUSSIER (Sorbonne Business School)

Proceedings of the Workshop on "The Award of Concession Contracts"

15-06-2012

The workshop set out to clarify questions and problems pertaining to the award of concessions contracts. For this purpose it focused on four main topics: the characteristics and problems of the award of concessions contracts from an economic perspective, the legal perspective on the Commission's proposal, the risks of corruption and collusion related to concessions contracts, and legal definitions of concessions in the Member States.

The workshop set out to clarify questions and problems pertaining to the award of concessions contracts. For this purpose it focused on four main topics: the characteristics and problems of the award of concessions contracts from an economic perspective, the legal perspective on the Commission's proposal, the risks of corruption and collusion related to concessions contracts, and legal definitions of concessions in the Member States.

Analytical Overview of the Legal Framework of EU Member States regarding the Awarding of Concession Contracts

15-06-2012

In this Briefing Note the different approaches to the award of concessions taken in selected Member States are analysed and compared to the approach taken by the Directive Proposal issued by the Commission. Particularly the differences with regard to the definition of concessions and the different procedures are taken into account.

In this Briefing Note the different approaches to the award of concessions taken in selected Member States are analysed and compared to the approach taken by the Directive Proposal issued by the Commission. Particularly the differences with regard to the definition of concessions and the different procedures are taken into account.

Autor extern

Aline Fritz, Annette Rosenkötter and Fabian Schmitz-Grethlein (FPS Rechtsanwälte & Notare)

Risks of Corruption and Collusion in the Awarding of Concession Contracts

15-06-2012

This briefing note describes the risk of undue influence, corruption and collusion on sector-governance decisions and the award of concession contracts. State intervention to reduce market failure easily creates a risk of governance failure, and this concern must be addressed to secure the intended combination of market forces and sector regulation – as is so well offered by concession contracts. Harmonised EU legislation specifically on the award of concession contracts is an important step to reduce ...

This briefing note describes the risk of undue influence, corruption and collusion on sector-governance decisions and the award of concession contracts. State intervention to reduce market failure easily creates a risk of governance failure, and this concern must be addressed to secure the intended combination of market forces and sector regulation – as is so well offered by concession contracts. Harmonised EU legislation specifically on the award of concession contracts is an important step to reduce the mentioned risks, particularly because it will make undue influence on these markets more visible across Member States and develop a common understanding of how to best secure ‘value for money’ for consumers. However, the impact of the new rules on the award of concession contracts will depend not only on how carefully they are implemented, but also the quality of a broader set of integrity mechanisms within the respective Member States. Hence, while the law is an important step towards securing efficient regulation, we need checks and balances on the many decisions that are still up for discretionary judgment by politicians and civil servants with sector oversight responsibility.

Autor extern

Tina Søreide (University of Bergen, Faculty of Law, Norway)

Concessions

12-01-2010

The briefing paper analyses whether ECJ jurisprudence provides sufficient legal clarity in the area of concessions. It elaborates on whether a legislative measure is necessary, and if it would be preferable to amend the existing procurement directives or to establish a separate law for concessions.

The briefing paper analyses whether ECJ jurisprudence provides sufficient legal clarity in the area of concessions. It elaborates on whether a legislative measure is necessary, and if it would be preferable to amend the existing procurement directives or to establish a separate law for concessions.

Autor extern

Annette Rösenkotter, Anne-Caroline Seidler and Thorsten Wuersig (FPS Recthsanwälte & Notare)

Evenimente viitoare

01-10-2019
Health threats from climate change: Scientific evidence for policy-making
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