Public Procurement – Progress Expected

Further to the article published in the June edition of the G30 Newsletter concerning the proposal from the European Commission for a new Directive on public procurement the legislative discussion continues in Council and Parliament (co-decision).  

In the Committee on the Internal Market and Consumer Protection (IMCO) of the European Parliament over 1500 amendments have been tabled to the draft report of Marc Tarabella (PS, Liège) by the deadline of 5th July.  Currently the Shadow Rapporteurs and Co-ordinators of the various political groups of the Parliament continue to examine the amendments in camera (huis-clos).  Obviously the stakes are great and the lobbies must be very active in the background…

It is recalled that the G30 submitted its position to Marc Tarabella at the end of June, together with two proposals for amendments (for the choice of procedure and to recommend the use of a more balanced appreciation of the most economically advantageous tender-MEAT giving more weight to quality criteria).  From a rapid analysis of the amendments tabled there seems at least to be broad agreement across the political groups to foster the use of the MEAT (i.e. including life-cycle costing) whereby the lowest price approach would be strictly limited.  There are other areas where progress is expected in respect of equity and sustainability criteria. 

The calendar remains unchanged whereby the IMCO Committee is expected to vote on the final, compromise amendments on 28th/29th November.  In the meantime a number of meetings of the (Shadow) Rapporteurs in the IMCO Committee will take place to examine the amendments by clusters, during October-November.  The first reading (single reading) in the Plenary of the Parliament is still scheduled for week 50 in December 2012 (10-18).

In parallel, the Council is expected to consider its draft position on the 23rd of October.

If adopted by the end of 2012 as provided for in the Single Market Act, the Directives will have to be implemented by Member States at the latest by 30 June 2014. See also article on the AR-CO Conference.

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