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Procurement Future Developments

Proposals for Replacing EU Procurement Directives

Proposals for replacing current EU Procurement Directives were published by the European Commission on the 20th December, 2011. Negotiations are ongoing with an aim of having the majority of proposals adopted by the end of 2012.

The objective of the reforms is to simplify existing procurement procedures to reflect ongoing European Court jurisprudence within this vital area.  There is a large degree of uncertainty at this juncture as many of the issues remain to be properly debated and a short synopsis as set out below is sufficient at this juncture prior to further clarification in due course.

The European Commission proposes to replace the Directive 2004/18/EC Public Sector Directive, 2004/17EC Utilities Directive and specifically to create a new Directive dealing with the award of concession contracts.

Key proposed highlights are:-

  • Abolition of Part A and Part B Service Contract Distinctions.
  • Change in Information Requirements.
  • Abnormally low bids to be examined.
  • Engagement with market prior to launch of Tender procedures.
  • Encouragement of Innovation Partnerships.
  • Award Criteria to include experience.
  • Negotiated procedure and competitive dialogue procedure to be enhanced with it use increased.
  • Receipts of requests to participate in Tender submissions to be reduced and time span.
  • Substantial modifications of contract reflecting recent European Court of Justice jurisprudence requiring a new award process.
  • Member State oversight Bodies for procurement practice
  • Specific Social Service and other service providers excluded from application of all procurement rules.
  • Simplify procurement regime for all contracting authorities below Government.


For advice regarding procurement law please contact Alan Wallace of Mangan O’Beirne at (01) 6684333 or alanwallace@manganobeirne.ie