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I. INTRODUCTION
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1.The Commission forwarded the above proposal to the Council and the European Parliament in July 2000.
The Economic and Social Committee gave its Opinion on 26 April 2001.
The Committee of the Regions gave its Opinion on 13 December 2000 (OJ C 144, 16.5.2001).
The report of the Committee on Legal Affairs and the Internal Market, which was adopted
on 16 October 2001 on the above text, will shortly be put before the plenary session of
the European Parliament.
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2.Continuing the work carried out under the French and Swedish Presidencies, the Working Party discussed this proposal at its meetings at its meetings on 10 and 11 July, 13 and
14 September, 4 and 5 October and 22 and 23 October 2001.
These activities made it possible to reach a convergence of opinion on a number of points.
However, difficulties persist with regard to a number of articles. In order to be able to comply
with the deadline set by the Stockholm Summit, the Permanent Representatives Committee is
requested to comment on an initial set of questions specified in II below.
II. MAIN QUESTIONS OUTSTANDING
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1.Supplementary article (19(a)) Central buying offices
The French delegation requested that contracting authorities which obtain supplies and
services from a central buying office which is itself a contracting authority should not be
obliged to apply the provisions of the Directive to these purchases, provided the central
buying office has complied with them.
Progress was made on this dossier in the Working Party on the basis of a recent proposal from
the Commission.
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2.Article 24 Technical specifications
The DK and S delegations continued to request the inclusion of a reference to eco-labels.
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3.Article 30 Competitive dialogue
The UK delegation suggested an amendment to Article 30(7) authorising the contracting
authority to clarify and specify the elements of the tender after the award of the contract.
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4.Article 29 Cases justifying use of the negotiated procedure with publication of a contract notice
Many delegations continued to request that the scope of the negotiated procedure with
publication, currently restricted on the basis of the applicable law to "services", be extended to
include all "public contracts".
However, these delegations indicated that they were prepared to withdraw their reservations
in the event of a satisfactory agreement on Article 30.
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5.Article 32 Framework agreements
The D and A delegations maintained their reservations.
All the other delegations agreed on the current text of Article 32.
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6.Article 46(1)
The Commission proposed that economic operators who had been convicted on certain
grounds be excluded from participation in the contract.
A number of delegations had difficulties with this proposal, since the contracting authority did
not always have the necessary information at its disposal.
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7.Article 53 Contract award criteria
The text proposed by the Commission met with the agreement of the delegations, except for
the DK and S delegations, which maintained the following amendments aimed at taking
greater account of environmental considerations:
(i) in 1(a), delete the stipulation that, when award is made to the most economically advantageous tender, the award criteria must be "directly linked to the subject of the
public contract in question";
(ii) replace the term "environmental characteristics" with "impact on the environment";
(iii) include conditions relating to production of supplies, and to use and acquisition.
The addition of "social aspects" as a criterion was also requested by these delegations.
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8.Article 53(a) Use of e-auctions
Several delegations wanted use of information technology to be included in the proposal.
The Commission proposed Article 53(a), permitting the use of reverse e-auctions,
i.e. discount auctions (request from the Danish delegation submitted at the beginning of
October and welcomed by the other delegations).
Several delegations considered that the scope of e-auctions should not be restricted
exclusively to the price criterion.
