EU Public Procurement Directives

Table of contents

What are the EU Public Procurement Directives?

The EU Public Procurement Directives are a set of directives issued by the European Union (EU) to harmonize the award of public contracts in the Member States. They were developed to create a uniform legal framework for public procurement throughout the EU and to promote competition, transparency and efficiency in the award of public contracts.

The EU public procurement directives play a central role in German public procurement law. The most important directives are:

Directive 2014/24/EU

Directive 2014/24/EU on public procurement: this directive regulates the award of works, supply and service contracts by contracting authorities.

Directive 2014/25/EU

Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors: This Directive concerns specific sectors such as water, energy, transport and postal services and contains specific provisions for the award of contracts in these sectors.

Directive 2014/23/EU

Directive 2014/23/EU on the award of concessions: this directive concerns the award of concession contracts in which a private partner provides a service for a certain period of time and bears an economic risk in the process.

The EU procurement directives set out general principles and procedural requirements that must be transposed into national law by the member states. German public procurement laws, such as the Act against Restraints of Competition (GWB), the Public Procurement Ordinance (VgV) and the EU VOB/A, implement these directives in Germany.

The aim of transposing the EU public procurement directives into national law is to ensure fair competition in the award of public contracts. This includes aspects such as the publication of invitations to tender, equal treatment of bidders, the introduction of suitability and award criteria, and the transparency and verifiability of award decisions.

It should be noted,

that EU procurement directives are regularly revised to meet changing needs and challenges in the field of public procurement. Therefore, the exact provisions and requirements may change over time.

Did you know?

The EU public procurement directives set out uniform rules for public contracts throughout the European Union. These directives are intended to promote competition, prevent corruption and ensure that all bidders have equal opportunities. However, errors can occur in the implementation of these directives:

  1. Failure to comply with thresholds: As mentioned earlier, the EU procurement directives set certain thresholds above which they must be applied. Overlooking these thresholds or intentionally circumventing them by splitting contracts can lead to legal problems. Avoidance: Make sure you know the current thresholds and apply the EU procurement directives relevant to your procurement needs accordingly.

Unclear or discriminatory tender conditions

    : The Directives require that tenders be transparent, clear and non-discriminatory. Unclear tenders or those that favor certain bidders are a violation of these rules. Avoidance: ensure that your tender documents are clear, detailed and objective and that all potential bidders have equal opportunities.

Insufficient publication of the tender

    : EU procurement directives require that tenders above the thresholds be published in the Official Journal of the European Union to reach bidders from all EU member states. Avoidance: make sure your tenders are published properly and on time.

Incorrect evaluation of tenders

    : EU procurement directives require fair and transparent evaluation of tenders. Errors in the evaluation of bids or the application of award criteria can lead to legal problems. Avoidance: Develop a clear and objective procedure for evaluating bids and apply this procedure consistently.

Violation of the principle of equal treatment

    : A fundamental principle of the EU procurement directives is the principle of equal treatment. Any form of discrimination, whether based on nationality, company size or other grounds, is a violation of the directives. Avoid: Ensure that all bidders have equal opportunities regardless of their origin or size.

By avoiding these common mistakes, you can help the procurement process run more smoothly and help you meet the key objectives of the EU procurement directives: Non-discrimination, transparency and competition.



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