Public Procurement Act - Related Opinions

This exploratory opinion will focus on the comprehensive evaluation of the Public Procurement Directives that the Commission has envisaged to carry out; such evaluation will look into whether the current rules are fit for purpose or not. The EESC opinion aims at contributing to this exercise reflecting the perspective of civil society.

Public Procurement was better framed in successive EU regulations and, with a view to more accessible and transparent access to it, the procedures were formulated in a more supportive manner. Its importance will continue to increase, both at a national level in the Member States and at a more local level.

Several challenges remain Particularly at the national level, the size and volume play to the advantage of larger companies that can rely on experience and expertise when drawing up files. At a more local level, there are opportunities for MSMEs and, even more specifically, for companies in the social economy. These opportunities require active attention and guidance from both the requesting and offering parties.

Corruption and the lack of rule of law undermine the mutual trust that is underpinning the internal market. The EESC believes that efforts to fight corruption should be better aligned with efforts to safeguard and develop democracy in the EU. Moreover, the EESC stresses that the EU must prioritise evaluating the legislative framework on the integrity of public procurement and its implementation in practice and believes that the cross-debarment system could be useful for protecting the internal market from misuse of public resources allocated to tenders.

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.