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resultat

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Contribution to growth. European Public Procurement. Delivering economic benefits for citizens and businesses

14-12-2018

Numerous legislative measures have been initiated or enacted in support of the overall achievement of a Digital Single Market (DSM). This in-depth analysis provides a brief stock-taking of what has been achieved in economic terms, of what remains to be done, and of candidate initiatives for the next legislative term. The study was prepared by Policy Department A on the request of European Parliament´s Committee on the Internal Market and Consumer Protection.

Numerous legislative measures have been initiated or enacted in support of the overall achievement of a Digital Single Market (DSM). This in-depth analysis provides a brief stock-taking of what has been achieved in economic terms, of what remains to be done, and of candidate initiatives for the next legislative term. The study was prepared by Policy Department A on the request of European Parliament´s Committee on the Internal Market and Consumer Protection.

Extern avdelning

Jörg Becker, Marco Niemann, Sebastian Halsbenning

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.

Why China's public procurement is an EU issue

01-12-2016

China's public procurement market is huge, but largely untapped by EU companies, since access to it is restricted by laws, regulations and policies favouring domestic over foreign goods and services. Although China's public procurement policy is inconsistent with the WTO's General Procurement Agreement (GPA), the EU cannot legally challenge it, as long as China is not party to the GPA.

China's public procurement market is huge, but largely untapped by EU companies, since access to it is restricted by laws, regulations and policies favouring domestic over foreign goods and services. Although China's public procurement policy is inconsistent with the WTO's General Procurement Agreement (GPA), the EU cannot legally challenge it, as long as China is not party to the GPA.

Fourth Railway Package – Market-Opening for Domestic Passenger Transport Services by Rail: Initial Appraisal of the Commission's Impact Assessment

15-05-2013

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the following proposals: i) Commission Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (COM (2013) 28), and ii) a proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment accompanying the following proposals: i) Commission Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1370/2007 concerning the opening of the market for domestic passenger transport services by rail (COM (2013) 28), and ii) a proposal for a Directive of the European Parliament and of the Council amending Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a Single European Railway Area, as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (COM (2013) 29).

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.

Extern avdelning

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.

Extern avdelning

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.

Extern avdelning

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

The Public Procurement Directives: Transposition in EU Member States

01-05-2006

Extern avdelning

Andrea Renda (Senior Research Fellow, CEPS) and Lorna Schrefler (Research Assistant, CEPS).

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