EU Consultation on changes to the procurement law regime

The European Commission is currently consulting on a fairly extensive suite of possible changes to the procurement regime. The consultation is very wide ranging but includes requests for views on:

  • Bringing the Part B services rules into line with Part A services rules
  • Reviewing the scope of the procurement regime/procedures
  • Simplification of procedures for goods and services typically available in the normal commercial marketplace
  • Greater flexibility in the timing and content of the selection and award phases
  • Simplification of procedures for local authorities
  • Codifying the Teckal exemption
  • Providing clarity on what modifications are permissible post contract award
  • Whether subcontracting should be restricted
  • Improving SME access to markets
  • Encouraging competition and wider strategic goals such as improving innovation combating climate change and preventing discrimination
  • Improving safeguards against cartels conflicts of interest anti-competitive behaviour and corruption
  • Access of non-EU suppliers to EU markets and vice versa
The consultation paper and associated documents are available here. The consultation closes on 18 April 2011. The current timetable for change appears to contemplate draft legislative proposals being available in 2012 although this does not necessarily mean that any changes will actually become law next year.

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