Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public procurement - Montesquieu Institute

 

COUNCIL OFBrussels, 13 January 2012

THE EUROPEAN UNION

5326/12

Interinstitutional File:

2011/0438 (COD)

MAP 1 MI 12

NOTE

from: General Secretariat

to: Delegations

No Cion prop.: 18966/11 MAP 10 MI 686

Subject: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public procurement

Delegations will find in the Annex a list of Clusters with the corresponding articles on the above

proposal. This list will be explained in detail on the meeting of 17 January and will be a basis for

conducting discussions on the text of the above proposal during the forthcoming meetings.

ANNEX

Directive on public procurement replacing Directive 2004/18/EC - COM(2011)896 final

Subject "clusters"

Cluster 1: Flexibilisation of procedures

Choice of procedures Art. 24, 25, 26, 30

Competitive procedure with negotiation Art. 27

New version of competitive dialogue Art. 28

Innovation partnership Art. 29

Cluster 2: Strategic use of public procurement

Award criteria, notably production process and life-cycle costing Art. 66, 67 + Annex XV

Contract performance clauses Art. 70

Technical specifications Art. 40, Annex VIII

Labels and certification Art. 41, 42

Exclusions for violation of social and environmental obligations Art. 54.2; Art. 55.3.a; Art. 69.4, 2nd subpar.; Annex XI

Reserved contracts Art. 17

Social services Rec. 11; Art. 4(d), Art. 74 76, Annex XVI

Cluster 3: Reducing documentation requirements

Selection and exclusion criteria Art. 54, 55 (except for Art. 54.2, and Art. 55.3.a - to be

dealt with under "Strategic use").

Art. 56 (except for Art. 56.3 2nd subpar. - to be dealt with

under "SME Access")

Reliance on capacities of others Art. 62

Means of proof, notably self-declarations and procurement passport Art. 57-61, Annexes XII-XIV

Lists of approved economic operators Art. 63

Reduction of numbers of candidates, tenders and solutions Art. 64, 65

Cluster 4: E-Procurement

Electronic communication Art. 19, Annex IV

Electronic availability of procurement documents Art. 51

Electronic auctions Art. 33; Annex VII

Electronic catalogues Art. 34

Cluster 5: SME Access

Subdivision into lots Art. 44

Direct payment for subcontractors Art. 71

Turnover cap Art. 56.3 2nd subpar.

Cluster 6: Aggregation of demand

Framework agreements Art. 31

Dynamic purchasing systems Art. 32

Central and ancillary purchasing systems Art. 35-37

Joint procurement Art. 38

Cluster 7: Other procedural requirements

Publication/transparency and time limits Art. 45-50, 52, 53; Annexes VI, IX and X

Variants Art. 43

Design contests Art. 77-82

Cluster 8: Sound procedures

General rules Art. 15, 16, 18

Conflicts of interest Art. 21

Illicit conduct Art. 22

Preliminary market consultation/ Prior involvement of candidates or tenderers Art. 39

Impediments to award Art. 68

Abnormally low tenders Art. 69 (except for Art. 69.4, 2nd subpar. - to be dealt with

under "Strategic use")

Modification during contract execution Art. 72

Termination of contracts Art. 73

Cluster 9: Governance

Enforcement and oversight Art. 83, 84

Individual reports Art. 85

National reporting Art. 86

Assistance to contracting authorities and businesses Art. 87

Administrative cooperation Art. 88

Cluster 10: Scope/Basic provisions

Concept of procurement Art. 1

Definitions Art. 2; Annexes I, II

Mixed procurement Art. 3

Thresholds Art. 4-6 (except for Art. 4(d). - to be dealt with under

"strategic use"), 94, Annex III

Exclusions and specific situations, including public-public Art. 7 14

Nomenclatures Art. 20

International compliance Art. 23, Annex V

Delegated powers, implementing powers and final provisions Art. 89-93, 95, 96; Annex XVII

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		20 dec '11	COM(2011)896 - Public procurement
		10 mei '00	COM(2000)275 - Coordination of procedures for the award of public supply contracts, public service contracts and public works contracts