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EU Directives: Interview with PASS Consultant Eddie Regan

Wednesday September 11th, 2013

Ahead of the introduction of the new EU Directives, we talk to Senior PASS Consultant Eddie Regan about the changes to come.

Eddie Regan

Eddie Regan

In advance of the publication of the new Public Procurement Directive, as well as new Utilities Procurement and Concession Contract Directives, it is crucial that the public sector starts to understand the implications of the myriad of proposed changes for the sector. While the EU directives will set the agenda for public procurement, their interpretation into UK law will be decided at a national level.

The EU Commission website explains:

‘EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

Each directive specifies the date by which the national laws must be adapted – giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).’

Application of EU law – http://ec.europa.eu/eu_law/introduction/what_directive_en.htm

 

Why is the new EU Public Procurement Directive important?

Eddie: The new EU Directives for procurement, utilities and concessions will significantly impact on the current practices of both the public and private sectors, due to the reinforcement of the Treaty principles aligned to the introduction of social considerations in procurement. Social considerations are a hot topic for buyers and suppliers, and with the recent introduction of the Public Services (Social Value) Act 2013 in the UK public bodies now have a legal requirement to consider the social good offered by bidders during the procurement process as well as price and quality.

 

How important is it for suppliers to be aware of social considerations when presenting tender responses?

Eddie: With publication of the new EU Directives impending, now more than ever including social and environmental benefits into tender responses will be key to success.

 

The new EU Public Procurement Directive will impact on all areas of procurement in the public sector as we move towards the next set of Public Contracts Regulations in 2014, but what areas are set to change the most?

Eddie: The new Public Procurement Directive sees significant change in areas such as services to the person, the removal of the Part B services regime, revision of both timescales and thresholds, the introduction of two new procurement procedures and changes to the selection and award criteria, to name but a few. Overall the new Directive will significantly impact on the processes, procedures and methodologies of buyers and suppliers, requiring contracting authorities to rewrite their procurement strategies.

 

Are you up to speed on the upcoming EU directives? LGPN’s training partner, PASS (Procurement Advice Support Service) can help you to be confident in your role by providing you with a clear, non-legalistic explanation of the forthcoming changes. For more info on the EU Directives training events, just check the link below:

http://www.passprocurement.com/events/public-events/eu-directives/

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