Evaluatie Europese aanbestedingsrichtlijn - Main contents

According to the Commission’s written answer of 5 March 2020[1], the review of the Public Procurement Directive[2] should take place this year. Meanwhile, the Commission has announced several legislative initiatives that touch upon this Directive, such as a proposal on foreign subsidies and public procurement as well as the International Procurement Instrument.

• 1. 

  Pursuant to Article 92 of Directive 2014/24/EU, when does the Commission plan to review the Pubic Procurement Directive and adopt the first implementation report?

• 2. 

  Will the review of the Public Procurement Directive also take the legislative initiative on foreign subsidies and public procurement into account in order to achieve a level playing field on the European internal market?

• 3. 

  Contracting authorities do not always act on Article 69 of Directive 2014/24/EU when they encounter an abnormally low price. Considering low pricing is one of the tactics used by foreign companies, which distorts the European level playing field, will the review also examine the possibility of mandatory rejection of an abnormally low bid by the contracting authorities which currently remains at their own discretion?

[1] https://www.europarl.europa.eu/doceo/document/P-9-2020-000287-ASW_EN.html

[2] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0024