News article Public Procurement

Only five member states have met the implementation deadline of the public procurement directives

9 May 2016 – Public contracts

The new European public procurement directives had to be transposed into national legislation by all EU member states not later than 18 April 2016. Only five member states – that is to say: Denmark, Hungary, the United Kingdom, France and Bulgaria – have actually notified the European Commission that they have implemented the European public procurement directives. The other 23 member states did not manage to meet the implementation deadline.

Notification of national measures

Member states are required to submit the legislative texts that are transposed from the European directives, to the Commission. So far, only five member states have actually done this. Upon transmission of the texts, the Commission will verify whether the national legislation is in line with the directives. In the event a member state does not notify the transposition measures in time, or in the event that further investigation reveals that the texts are not complete, the Commission will initiate an infringement procedure on account of ‘non-notification’ in accordance with Article 258 TFEU.

As yet, no procedures have been initiated by the Commission with respect to the transposition of the public procurement directives.

Legislative proposal regarding the Dutch Public Procurement Act 2012

The Netherlands are one of the member states that have not yet transposed the European directives into national legislation. The directive should be transposed into the amended Public Procurement Act 2012. On 22 March 2016, the Dutch Parliament has voted on the proposed amendment as laid down in the legislative proposal for an amended Public Procurement Act 2012. This legislative proposal has been approved by the Parliament by a large majority. It is now up to the Senate to grant its approval.

Preliminary report by the Senate Committee

On 26 April, the Standing Senate Committee on Economic Affairs has published its preliminary report on the legislative proposal. This report includes questions by senators with respect to the legislative proposal. Members of the Dutch People’s Party for Freedom and Democracy (‘VVD’) have asked the Minister once more which provisions of the directives have a direct effect. Which rights and duties can be derived from it by tenderers and contracting authorities? Furthermore, there were questions about, among other things, the innovation partnership procedure. To what extent do these proposed regulations give more opportunities to SMEs and innovative start-ups? Please click here for the complete report by the Dutch Senate.

Recently, Europa decentraal has published a FAQ document (Dutch only), which also includes questions on the direct effect of the public procurement rules.

By:

Stijn Bijleveld, Europa decentraal