Public procurement and concession contracts

EESC opinion: Public procurement and concession contracts

The EESC reflects in the opinion its view on a package of three Commission proposals: COM(2011) 895 final – 2011/0439 (COD)COM(2011) 896 final – 2011/0438 (COD) and COM(2011) 897 final – 2011/0897 (COD)

Key points:

In its opinion the EESC:

  • emphasises the importance of taking account of the innovative environmental and social aspects of the Europe 2020 Strategy with regard to public procurement;
  • reconfirms its support for the award of reserved contracts to sheltered workshops for disabled people and to social enterprises that employ other disadvantaged groups;
  • believes that excessive use continues to be made of the "lowest cost" or "lowest price" award criterion. This criterion should therefore always be the exception rather than the rule;
  • considers that the provisions on subcontracting must be strengthened;
  • is in favour of maintaining the difference between A and B Services under the condition of legal certainty and the possible extension of cross-border contracts of B Services;
  • notes that considerable doubt persists regarding the need for a EU directive on the award of concession contracts;
  • considers that the methods provided for calculating the value of concession contracts should be streamlined and made simpler in order to increase legal certainty; only one method should apply to estimate the value of all types of concessions;
  • advocates the setting up of national oversight mechanisms in the Member States in charge of the implementation and monitoring of public procurement.

Other EESC opinions on public procurement
For more information please contact the INT Section Secretariat