Feeds

EU Commission will overhaul procurement laws

Europe wants more public-private partnerships

SANS - Survey on application security programs

The European Commission has announced a review of public procurement laws. The Commission said change was necessary to cope with new e-procurement practices and to respond to more demand for public-private partnerships.

The Commission said that there was a need for greater flexibility in procurement rules and more speed in processing deals, given that public bodies increasingly wanted to use private investment to fund major projects.

"The Commission is embarking on a comprehensive evaluation of EU procurement legislation," said the Commission's Directorate for Internal Market and Services in its Single Market News publication. "This evaluation, to be completed in spring 2011, will examine the effectiveness of EU rules in promoting open, contestable and sound procurement.

"The findings will be used to inform reflection on the need for a modernisation of EU procurement rules. Any such modernisation will be driven by the objective of enabling contracting authorities to undertake procurement in a timely and effective manner so as to accomplish the public missions entrusted to them," the Commission said. "It could also clarify how contracting authorities can take account of environmental, social or other policy considerations when awarding contracts."

The Commission said that procurement was changing as public authorities relied more heavily on private money or cooperation with one another. The laws governing procurement must change to reflect this, it said.

"In the past 15 years, over €200bn of investment was financed through public-private partnerships," it said. "Cooperation between local authorities is also becoming more commonplace. There is a need to clarify the extent to, and ways in which EU procurement disciplines can usefully apply to these forms of delivering public services and infrastructure."

The Commission also said that the procurement process was being used by some public authorities as a tool for fulfilling other policy objectives, such as a drive to use environmentally friendly products and services.

"Such policies can be implemented in a way that is compatible with sound and objective procurement," the Commission said. "The key is to frame desired procurement outcomes in clear and objective specifications which do not implicitly favour particular suppliers. Too much scope for subjective appreciation or arbitrary decisions could weaken sound procurement disciplines and complicate the task of contracting authorities.

"In response to demands from the European Parliament, the Commission will come forward with comprehensive guidance to help Member States and authorities to use procurement policies to support other societal objectives, such as green procurement and fostering innovation," it said.

The Commission said that it would re-evaluate procurement law in light of the changing nature of public sector procurement. But it also said that any changes should be made carefully in order to protect the principles of fair procurement enshrined in current law.

"Any eventual adjustments should not come at the expense of transparent and contestable procurement markets," it said. "These principles have served us well so far and should remain the cornerstones of EU procurement policy."

Copyright © 2010, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
France bans managers from contacting workers outside business hours
«Email? Mais non ... il est plus tard que six heures du soir!»
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.