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Corruption and the lack of rule of law undermine the mutual trust that is underpinning the internal market. This opinion should contribute to bringing attention to how challenges to the rule of law affect the internal market and in particular public procurement.
This opinion examines how European legislation on circular public procurement can combine the main purpose of the contract with environmental protection, greater attention to SMEs, sustainable local production and the protection of social rights. This can be achieved by seeking and favouring solutions with a lower impact on the environment throughout their lifespan.
The proposal on an International Procurement Instrument (IPI) is the EU response to the lack of a level playing field in world procurement markets. While our public procurement market is open to foreign bidders, the procurement markets for foreign goods and services in third countries remain to a large extent closed de iure or de facto. The IPI aims at encouraging partners to engage in negotiations and opening participation for EU bidders and goods in third countries' tenders. A first proposal on this issue was made in 2012 (COM(2012) 124 final) but there was no agreement in the Council. The new Commission proposal incorporates some of the changes requested from the European Parliament and tries to reply to some of the concerns expressed in the Council. A number of Member States have expressed reservations as regards the principle of closing the EU market for goods and services originating in certain third countries, even if only temporarily and in a targeted way.
The EESC reflects in the opinion its view on a package of three Commission proposals. The EESC welcomes the debate initiated by the Commission whose purpose is an extensive modernisation of the procurement system, notes however that considerable doubt persists regarding the need for a EU directive on the award of concession contracts.
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