The European Commission has published a summary of the initial findings from the consultation on the European procurement directives. The consultation yielded a total of 733 responses. What do these responses reveal about the functioning of the current directives?
A key takeaway from the consultation is that many respondents believe the directives fall short in terms of simplification and flexibility. For example, 49% feel that the public procurement system has not become sufficiently flexible, and 54% believe the rules have not been simplified.
Procedural flexibility is also under scrutiny: 48% of respondents consider the rules on procedure selection, deadlines, and contract modifications to be no longer relevant or adequate.
Responses regarding transparency are more positive. Over 62% of respondents believe the directives have contributed to greater transparency, partly due to the mandatory publication of tenders at all stages of the procedure. Additionally, 38% think the directives help combat corruption.
However, there is criticism regarding the impact on competition. For instance, 46% of respondents disagree with the statement that the directives have led to increased competition.
The directives also aim to enable strategic procurement, for example in the areas of sustainability and innovation. Public entities report feeling encouraged to procure in environmentally friendly (56%), socially responsible (55%), and innovative (45%) ways. Bidders, however, are less positive. Notably, 49% believe the directives are not “fit for purpose.”
Finally, there is criticism regarding the coherence between the three procurement directives and their alignment with other EU legislation. Only 39% believe the objectives of the directives are mutually coherent. Additionally, the regime below the EU thresholds is perceived as simpler than the regime above those thresholds.
In summary, the procurement directives appear to fall short in certain areas, particularly regarding simplification and flexibility. At the same time, their added value in terms of transparency is widely acknowledged. The consultation thus underscores the need for revision, with a better balance required between objectives and practical implementation.
For questions about the European procurement directives, please contact Menno de Wijs or Sonja Geldermans, Attorneys at law in Public Procurement.
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