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Public Utilities from EU procurement directives perspective -- SIGMA experience

Explore how SIGMA and OECD regulate contract awards in specific sectors like Energy, Water Transport, Postal services, and Transport terminal facilities from the European Union procurement directives perspective. Learn about the contracting authorities, entities covered, thresholds, and flexible rules for contracting entities. Discover the specific features and possibilities for exemption under certain conditions, as outlined by the European Commission.

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Public Utilities from EU procurement directives perspective -- SIGMA experience

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  1. Public Utilities from EU procurement directives perspective--SIGMA experience Daniel Ivarsson / Olivier MoreauSIGMA -OECD

  2. Regulates the award of contracts only in certain sectors: Energy (electricity, gas, heat, exploration and extraction of oil, natural gas, coal and other solid fuels Water Transport (urban transport: bus, metro, tram, etc.) Postal services Transport terminal facilities (ports, airports) Scope

  3. But it covers only certain activities, which are related to the provision and operation of fixed networks or networks supply of energy to such fixed networks postal services; exploration/extraction of fuels; provision of terminal facilities Scope

  4. Contracting authorities Public undertakings (over which contracting authorities can exercise direct/indirect dominant influence) Other entities which operate on the basis of special or exclusive rights granted by a competent authority (legislative/administrative/regulatory provision that limits the exercise of activities) Contracting entities covered

  5. The Directive applies to contracts over the thresholds Works: EUR 4 845 000 Supplies, services: EUR 387 000 Thresholds

  6. The directive applies to contracts which are awarded by an entity covered which exercises an activity covered and the contract is awarded for the purposes of such activity Scope (Conclusion)

  7. More flexible rules in some areas: free choice of negotiated procedure with prior call for competition Shorter time limits Periodic indicative notice, qualification system Less detailed rules for the selection of participants More exceptions: purposes of resale, contracts awarded to affiliated undertakings, etc. Specific features

  8. Possibility to be exempted from the directive If the activity is directly exposed to competition in the given Member State Based on the formal decision of the European Commission Specific features 2.

  9. THANK YOU FOR YOUR ATTENTION!

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