PUBLIC PROCUREMENT - Lexnet

Progress Report http://simap.eu.int/DA/pub/src/d009.html
discussions, participants have focused on the weaknesses and strengths which characterise
the respective systems. Some general denominators have been identified. On the positive
side, the ability of the formal systems to react within a shorter time-limit than the ordinary
courts has been mentioned for some participating countries. On the other hand, the relative
difficulty to sanction infringements of the procurement rules has been mentioned frequently
as a drawback. This applies both to sanctions available under criminal law and damages
which most often require the involvement of more than one body.
In addition certain participating Member States have informed about intended or already
implemented adjustments to their formal complaints systems.
Germany has thus informed about the new system for formal complaints procedures having
been introduced with effect from 1 January 1999. The new German rules provide for - as
most spectacular features - an automatic suspension of an award procedure, when a
complaint has been admitted by a review body, and a maximum deadline of 5 weeks for the
handling of complaints. UK has mentioned considerations with a view to setting up
tribunals to act as "review bodies" in the sense of the EC Remedies Directives. Also
Denmark has informed about plans to amend its current legislation with a view to enhance
the Danish formal complaints system by making it possible for the review body - the
Complaints Board - to consider claims for damages, thereby ruling out the need for separate
action in order to claim damages.
c. Cross-Border Cooperation
It has been agreed, on a mutual basis, by participating countries to act in accordance with a
set of guidelines for administrative cross-border cooperation on problem cases during the
Danish chairmanship.
These guidelines which are attached to the outline intend to facilitate administrative
cooperation and thereby a testing of the effectiveness of informal problem solutions. The
guidelines describe the actions to be taken in cases where a participating Member State
requests cooperation from another participating Member State, because it has become aware
of cross-border problems arising from the application of the public procurement legislation.
These actions do not only include steps to be taken during the process of problem solution,
but also a commitment to provide relevant information to all participating Member States
and the Commission on the outcome of problem cases.
d. Application and Interpretation Problems Identified as Barriers in Concrete Cases
concerning Access to Procurement Contracts.
The complexity and the lack of clarity in the wording of the EU procurement rules has, not
surprisingly, been identified as considerable barriers for access to procurement contracts.
The Steering Group has thus agreed to discuss - based on concrete cases - questions
relating to the application/interpretation of the rules identified as common problem areas in
this respect.
Until now, the following two problem areas have been addressed:
= Reference to Technical Specifications in Tender Documentation
At its meeting on 9 February 1999, the Committee intiated a discussion, taking as point of
departure a concrete cross-border case from Danish experience, of the - rather difficult -
question how to interpret and apply the provisions of the procurement directives obliging
4 of 6 06-10-01 22:58