Commission requests Greece to ensure full compliance with EU rules

Thursday November 24th, 2011

The European Commission has requested Greece to ensure full compliance with EU rules on public procurement as regards exemptions in Greek legislation for the tendering of public works. 

The Commission is concerned that these exemptions allow the Greek authorities to directly award public works contracts without a transparent and competitive tender procedure. 

At present, the Greek authorities can declare such projects to be of a ‘special nature’ – without further justification. Doing this allows the works to be tendered using the negotiated procedure without publication of a contract notice, which deviates from the strict EU rules about the use of transparent and competitive procurement procedures (Directive 2004/18/EC). 

Greece has acknowledged the non-conformity of the relevant national provision with EU legislation on national procurement but the provision in question has still not been changed and there is still a risk that contracts will be awarded without competitive tenders. 

The Commission’s request to Greece takes the form of a reasoned opinion. If Greece does not reply satisfactorily within two months, the Commission may refer this matter to the Court of Justice.

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