Understanding EU Commission Tenders
The procurement of goods and services by EU governments and other national entities offering public services is regulated by rules which are laid down in a series of EU Directives and interpretative guidelines. The procurement of similar goods and services by the Commission and other Community institutions is subject to a different set of rules. This book examines those different rules. The procurement of goods and services by Community institutions and agencies is subject to the general principles of EU law including transparency, non-discrimination, proportionality, and equal treatment. There are, in addition, two basic Regulations which cover the Community's financial order: the Financial Regulation and the Implementing Regulation, both of which have specific provisions on public contracts. The procurement rules set down for Community institutions are often more detailed than those set out in the public procurement Directives. This is because the Directives set out objectives to be achieved by Member State governments. The Directives implicitly rely, for their implementation, to a large degree, on pre-established Member State rules. With Community procurement, on the other hand, it has been necessary to regulate, for all the detailed rules and procedures as the Community institutions, when acting on their own behalf, cannot rely on pre-existing national rules. For ease of reference, this book is divided into chapters which look at different aspects of the EU institution procurement procedures, as well as the remedies and penalties which might be applicable when breaches occur. Each of these chapters is designed to be read as a stand alone examination. Each chapter sets out the basic rules set out in the Financial Regulation and refer to the relevant articles in the Implementing Regulation. The text of the Implementing Regulation is set out in an annex. In addition, reference is made to the rules set out in the Practical Guide to Contract Procedures for EC External Actions in case of external procurement. These basic rules are then subject to comments including reference to the general principles of law applicable and any relevant cases before the European Courts in Luxembourg. That being said, this book is intended for the layman.
Publication Date: 3/15/2010