Parliament and Council question the extent of the proposed revision to the EU public procurement regime

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Since the end of February, debates have been ongoing in both the European Parliament and in the Council on the proposed revision to the EU public procurement regime. As part of an overall review of the EU public procurement rules, the Commission issued three legislative proposals on 20 December 2011: one to amend the current rules on public contracts, one to amend the current rules on utilities contracts (water, energy, transport and postal services) and one to introduce a new Directive on concessions contracts.

The three proposed Directives have now passed to the European Parliament and to the national governments in the Council, where they have become part of a lively debate on what form and shape the reform shall take.

On 20 and 21 February, Member States in the Competitiveness Council held their first public debate on the Commission’s proposed changes. On 29 February, the European Parliament held its first exchange of views within its Internal Market and Consumer Affairs Committee (“IMCO”). The tone of the debate in these meetings as well as among the various stakeholders thereafter indicates that amendments to the Commission proposals are likely.

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