PUBLIC PROCUREMENT - Lexnet

Progress Report http://simap.eu.int/DA/pub/src/d009.html
elements (i.e. 1) Problem Solution, 2) Complaints Systems and 3) Application and
Interpretation Problems Related to the Procurement Rules). It has, thus, been agreed to
postpone work on the remaining two elements ( 4) Monitoring of Specific Sectors and 5)
Collection of Statistics).
Problem Solution
a. National Informal Systems
The importance of creating a platform for and test in practice the possibilities for the
attainment of smooth, informal solutions to problems encountered at the domestic level has
been identified as a key element making it possible for a country also to cooperate on the
solution of cross-border problems. In order to provide project participants with inspiration,
the Danish chairmanship has submitted a paper on various thinkable models for problem
solution.
Participating countries have informed and submitted papers about their respective
possibilities for finding informal solutions to problems relating to access to procurement
contracts.
It has been noted in general that in no Member State, the procurement authority has formal
legal powers vis-à-vis the individual contracting authorities/entities, but nevertheless - to a
varying degree from Member State to Member State - a certain de facto "persuasive"
influence which can be of value in relation to obtaining informal problem solutions, both as
far as domestic cases are concerned, and with regard to the solution of cross-border problem
cases.
In addition, certain participating Member States have informed about intended or already
implemented adjustments to their problem solution systems.
Italy, the Netherlands and the UK have thus informed about improvements to their systems
intended also to allow for making informal solutions of cross-border problems possible. In
particular, Italy has given information abouts plans which are well underway to create a
"light" authority for "soft" and informal problem solutions which would tackle both
domestic and cross-border cases, also at an early stage where a contract award procedure has
not yet been concluded. At the last meeting of the Steering Committee (9 February 1999),
Italy thus expected that collaborators within the new authority would be appointed in a not
too distant future. At the same meeting , The Netherlands informed participants that,
although the final report of a workinggroup that is dealing with the improvement of the
procurement system in the Netherlands was not yet ready, it was clear (out of a survey) that
procurement can be improved in the Netherlands, especially by the municipalities. The
working group will propose a set of measures to be taken to improve procurement by
contracting authorities: Besides giving information, advice and incentives, one of these
measures could be to create an independant (from political influance) Dutch agency with
powers to solve problems in procurement procedures or even to bring cases before court.
And Denmark has informed about plans to amend its current legislation with a view to
enhance the informal problem solution efforts by the Danish Competition Authority by
providing a statutory basis for this.
b. Formal National Complaints Systems
Participating countries have likewise provided information on their formal systems put in
place to honour their obligations to give effect to the "Remedies" directives (89/665/EEC
and 92/13/EEC) adopted as a complement to the procurement directives. During
3 of 6 06-10-01 22:58