Fourteen percent of the European Union's gross domestic product is accounted
for by government or public utility works, supply, and service contracts. Yet
in spite of its major importance for the European economy, public procurement
remained for a long time one of the areas which benefited least from the
creation of the internal market. Awarding contracts across borders was fraught
with complicated provisions and rigid, protracted, bureaucratic procedures.
Furthermore, the possibility of mainstreaming social and environmental
interests in procurement practice seemed remote.
In 1996, the Commission proposed amendments to the existing legal framework,
prompted by the emergence of the information society, the gradual withdrawal
of the State from certain economic activities, and increased budgetary
austerity. The ultimate result, after many years of gestation, was Directive
2004/18 of the European Parliament and the Council on the Coordination of
Procedures for the Award of Public Works Contracts, Public Supply Contracts
and Public Service Contracts.
This book gathers into a single source all the legislative documents preceding
the coming into effect of this important directive. In great detail it clearly
reveals the negotiation and compromise over the realisation of the legislative
objectives - modernisation, simplification, and flexibility - in addition to
such crucial elements and outcomes of the debate as the following:
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the introduction of electronic purchasing mechanisms
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provisions to avoid conferring advantage on any economic operator or giving
preference to any national production
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the development of the "negotiated procedure" and the "framework agreement"
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environmental impact requirements; provisions for small and medium-size
undertakings (SMUs)
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provisions for small and medium-size undertakings (SMUs)
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social and employment policy
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compliance and review procedures
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protective measures against certain products
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combating corruption and organised crime.
The book first presents documents that outline the reasons that led to the
intention to integrate public works (93/37/EEC), supply contracts (93/36/EEC),
and service contracts (92/50/EEC) into one new directive. Then follow
documents that detail the drafting of the recitals in the Preamble, the
articles and the annexes. Finally, a list of legislative documents offers as
complete an overview as possible of every item that played a role in the
creation of Directive 2004/18/EC, including several amendments that have been
made to the directive since it came into effect.
This unique publication will be a powerful resource for lawyers and
policymakers engaged in the development of European procurement law. It will
also provide both practitioners and researchers working in the area of
European procurement law with an incomparable desktop reference on Directive
2004/18/EC.
Preface, General Explanation, preamble, Articles
Title I –Definitions and General Principles
Title II –
Ruleson Public Contracts Chapter I – General provisions Chapter
II – Scope Chapter III – Arrangements for public
service contracts Chapter IV –Specific rules governing
specifications and contract documents Chapter V – Procedures
Chapter VI – Rules on advertising and transparency Chapter VII –
Conduct of the procedure
Title III – Ruleson Public
Works Concessions Chapter I – Rules governing public works
concessions Chapter II – Rules on contracts awarded by
concessionaires which are contracting authorities Chapter III –
Rules applicable to contracts awarded by concessionaires which are not
contracting authorities
Title IV- Rules Governing Design Contracts
Title V – Statistical
Obligations, Executory Powers and Final Provisions Annex I – List of the
Activities Referred to in Article 1(2), Point (b) Annex II –
Services Referred to in Article 1(2)(d) Annex III – List of
Bodies and Categories of Bodies Governed by Public Law as Referred to in the
Second Subparagraph of Article 1(9) Annex IV – Central Government
Authorities Annex V – List of Products Referred to in Article 7 with
regard to Contracts Awarded by Contracting Authorities in the Field of Defence
Annex VI – Definition of Certain Technical Specifications Annex
VII – Information to be Included in Notices Annex VIII –
Features Concerning Publication Annex IX – Registers Annex X –
Requirements Relating to Devices for the Electronic Receipt of Tenders,
Requests for Participation and Plans and Projects in Contests Annex XI –
Deadlines for Transposition and Application (Article 80) Annex XII –
Correlation Table (1) List of Legislative Documents in Chronological Order
Correlation Tables Directives and Other Legislation Referred to in the
Legislative History of Directive 2004/18/EC List of Abbreviations Index