34 posts
EU Green Paper on e-procurement
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The European Commission has launched a consultation on expanding the use of electronic procurement in the internal market: European Commission acts to expand the use of e-procurement in the EU (18 October 2010, press release IP/10/1347; in English, F...
Joined Cases C‑145/08 and C‑149/08
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In Case C-145/08, the competent interministerial committee decided to privatise Elliniko Kazino Parnithas AE (‘EKP’), a subsidiary of Ellinika Touristika Akinita AE (‘ETA’), an undertaking wholly owned by the Greek State. The contract notice...
Application of Article 346 of the TFEU in the Field of Defence Procurement
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I supervised a student Research Paper on Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contract...
EU Lisbon Treaty and public procurement
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The Lisbon Treaty entered into force on 1 December 2009, and the internal market remains a core aim of the European Union, meant to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensu...
EU public procurement thresholds outside the eurozone 2010
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According to the Lisbon Treaty, the European Union shall establish an economic and monetary union whose currency is the euro (Article 3(4) TEU).In practice, among the 27 EU member states sixteen form the eurozone, so eleven national currencies still...
EU public procurement: New threshold values 2010
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New threshold values, in line with the WTO Agreement on Government Procurement, enter into force in the European Union on 1 January 2010. This is the effect of Commission Regulation (EC) No 1177/2009, of interest to public authorities and businesses.
EU procurement law: Technical specifications (II)
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Article 23(1) of the Procurement Directive 2004/18/EC lays down the obligation for the contracting authority to set out the technical specifications as defined in point 1 of Annex VI in the contract documentation:CHAPTER IVSpecific rules governing sp...
EU procurement law: Technical specifications (I)
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The aim of European Community (European Union) procurement rules is to open up public purchasing to competition in the internal market. Technical specifications favouring certain (national) tenderers can defeat this purpose before the competition has...
EU services procurement: Mixed contracts
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Earlier we looked at the procurement of priority services (Annex II A) and at non-priority services (Annex II B). What to do when the same public contract covers both?These contracts are defined as mixed.The Procurement Directive 2004/18/EC offers a...
EU procurement law: Exclusive rights
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The European Community (European Union) Procurement Directive 2004/18/EC does not apply to public service contracts awarded by for instance the State Government to another government body based on an exclusive right.These monopoly rights have to be c...
Service concessions in EU procurement
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Service concessions continue the long list of public contracts excluded from the application of the Procurement Directive 2004/18/EC.But if concessions are exempted from the detailed procurement procedures, it does not mean that they are free from th...
EU Procurement Directive: International rules
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Contracts with certain public entities outside the European Economic Area (EEA) are excluded from the European Community (European Union) Procurement Directive.***Article 15According to Article 15 of the Procurement Directive 2004/18/EC, certain cont...
EU Procurement Directive: Telecommunications sector excluded
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Contracts concerning public telecommunications networks and services are excluded from the scope of the European Community (European Union) Procurement Directive 2004/18/EC: Article 13Specific exclusions in the field of telecommunicationsThis Direct...
EU procurement: Central purchasing body (CPB)
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The EC (EU) Procurement Directive 2004/18/EC, also known as the Classic Directive, defines a central purchasing body (CPB) in Article 1.10:10. A ‘central purchasing body’ is a contracting authority which:— acquires supplies and/or services inte...
EU procurement: Contracting authority
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Contracting authority is one of the key concepts of the EC (EU) Procurement Directive 2004/18/EC, popping up in almost every provision. With the position as a contracting authority goes the responsibility to follow the right procedures.br /br /Even i...
EU procurement: Electronic auction
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What is an electronic auction in EU procurement? What we see is typically an automated Dutch auction (reversed auction) of standard goods.br /br /br /Article 1.7 of the Procurement Directive 2004/18/EC offers the following, more technical definition:...
European Union: Public procurement definitions
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Public contracts, public works contracts, public supply contracts and public service contracts are defined in Article 1(2) of the Procurement Directive 2004/18/EC.br /br /Title I Definitions and general principles starts with Article 1 Definitions, a...
Introducing EU Public Procurement Directive
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The remaining EU Public Procurement Directive 2004/18/EC recitals form the backbone of this introductory blog post. The Directive is in force in the European Economic Area (EEA).br /br /***br /br /Registration of contractorsbr /br /Recital 45 deals...
EU Public Procurement Directive Preamble
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The 84 Articles and twelve Annexes of the Procurement Directive 2004/18/EC are preceded by a long Preamble laying out the legal history and reasons behind the new Directive. These Preambles are not always easy to read, but they contain a wealth of in...
