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Major inconsistencies revealed in EC's approach to public procurement


[26/11/2010]
 
A Working Group made up of trade unions and social and environmental NGOs, including SOLIDAR, have put forward an evaluation of the impact and effectiveness of the EU Procurement legislation and policy currently underway in Internal Market Directorate of the European Commission. The contribution reflects experiences of the group across a number of issue and policy areas related to public procurement. It precedes the publication of a Commission Handbook on Socially-Responsible Public Procurement now awaited for December 2010.

The document emphasises that there are major inconsistencies in the EU Commission's policy approach to public procurement, and commitments it has under the Treaties, and other EU legislative and policy areas. The drive to achieve lowest cost in public procurement and the insufficient scope and encouragement to consider other policy objectives - in particular social, decent work and employment objectives - means that public procurement is currently not able to play its full role in addressing societal challenges.

In addition, the review of legislation and policy should strengthen the scope for public procurement to contribute to these objectives. Such a development would be in line with the new Treaty provisions that reinforce social Europe, such as Article 3.3, Article 14 and Protocol 26, the Charter of Fundamental Rights, and the Integration Principle incorporated into Article 11. Finally, the evaluation process must address this unacceptable imbalance, and emphasise that value for money/best value in public contracting does not mean lowest price, but that wider social, ethical and environmental benefits must be given clear weight in the decision.

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