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1 Ref. res(2018) /05/2018 ID ction Monitoring of ction Plans for non-fulfilled exante conditionalities in 8 MS. / GROW / GRI / MRE / EMPL Development of benchmarks Regular monitoring of EC ction Plans by GU DL for fulfilment of all action plans reported in implementation/progress reports from MS WG PP Objective was to provide consistent and fair treatment of all Member States having an action plan when deciding whether actions were correctly implemented or whether funds should be suspended. Information sharing between COM services (ESIF Funds) and developing indicators and benchmarks providing a basis for decision on suspension of funds in Recommendation to Member States on Professionalisation of public procurement GROW / Recommendations *3 targeted workshops and final closing conference: - 12/12/2016 Warsaw - 21/02/2017 msterdam - 28/04/2017 Zagreb * Recommendations adopted on 03/10/2017 * High level event on professionalisation and integrity 7/12/2017 In-house Recommendation adopted as part on the Public Procurement Package on 3 October New PP Directives (pril 2014) training, dissemination on state of progress of transposition. GROW / /GRI * d hoc presentations on request of MS and regular information to the expert group on PP (GROW) * Internal trainings for staff on PP Directives (incl. strategic procurement) () *Dissemination on state of progress of transposition - every two weeks (provided there is a change in the status ), exchanges on wiki platform are ongoing. * Training targets and milestones as per training plan 2017 In-house + consultants as required Not all Member States have yet transposed the 2014 Directives. Specific actions to inform key ESIF uthorities about elements of the PP Directives, notably e- procurement. wareness raising is needed on potential impact on irregularities, financial corrections etc. due to changes in PP legislation halfway during programming period The 28 members of the expert group have discussed specific topics and have been given access to an online wiki platform where good practices and documents can be shared. Internal capacity building activities for staff (and potentially other DGs) on PP Directive and strategic procurements Update of the Practical Guidance on the avoidance of the most common errors taking the EU Procurement directives into account. Updated guidance document The guide was published on the DG website on 13th February 2018 External consultant The guidance is meant to help national, regional and local public officials dealing with EU funds ensure efficient and transparent public procurement procedures for EU-funded projects. This updated version covers the process from to Z, from the preparation and publication of the calls to the selection and evaluation of bids and the contract implementation.
2 ction Update of uditor's checklists for public procurement errors based on changes introduced by the PP Directives and update of guidelines on financial corrections. Feasibility study concerning the actual implementation of a joint cross-border procurement procedure by public buyers from different Member States Practical Guidance on the avoidance of the most common errors Study on PP as a strategic tool, green, social, innovation, SMEs. GROW / GROW /GROW/ GRI/MRE/E MPL GROW / Updated checklists Dissemination Report and case studies Guidance document[2] Report In depth country reports Case studies In-house The auditor's checklist: completed; guidelines for financial corrections: still on-going (informal agreement between the relevant Commission services, but formal ISC still to be launched). The checklists has been shared with EMPL, GRI, MRE and made available to ESIF authorities. Final report available. Dissemination of results - 29/03/2017 inter-dg meeting n/a Consultants BBG and SKI Expert, Translation and dissemination by EC services The main task of this project is to carry out a feasibility study on the possible implementation of Joint Cross-Border Public Procurement (JCBPP), in particular focusing on the legal, administrative and organisational aspects of four selected JCBPP projects. Translated to all 23 official languages. Wide dissemination (over uploads) via ESIF managing and audit authorities/ paying agencies, to GROW Expert Groups and PP agencies and through ad hoc seminars, e.g. on MS request. n/a Consultants PwC Study includes economic analysis to quantify the level of take up of green, socially responsible and innovative public procurement in ten selected Member States. Final report published in September and B C Stock-taking study of current MS performance in PP and past capacity building initiatives and efforts Compilation & analysis of evidence/ indicators on PP performance linked to funds management as input to ex ante conditionality (ExC) negotiations with concerned MS in Information sharing and harmonisation for MS, Ms, IBs, etc. (linked to the ExC) for error Training/Guidance on how to prepare and follow-up on ction Plans to improve public procurement capacity / GROW / GRI / MRE / EMPL / GROW / GRI / MRE / EMPL Interviews in 15 MS, Workshop in Brussels, Study[1], 28 Country Profiles EC assessment & evidence based reasoning in case of dis-agreement with MS self- assessment Regular presentations n/a Consultants PwC Overview of PP performance and experiences in MS, with emphasis on ways in which capacity, including control functions, has been built up. Recommendations are formulated per MS and the EC. The report finalised in 1st quarter of 2016 and it is the basis for further follow-up actions. n/a WG PP Prepare a readiness assessment as well as individual country fiches dissemination. ction plans for negotiation. Cooperation with ESIF DG's and GROW. n/a / other ESIF DGs Training/Guidance on how to prepare and follow-up on ction Plans to improve public procurement capacity linked to funds management (linked to ESIF EC). Focused on diagnosis and capacity building/training internally. and B C ( and B as well but less) Pilot Project - Tailor-made and specifically targeted assistance to MS to improve PP administrative capacity Support (dependent on the necessity of the MS) n/a OECD T cooperation project with the OECD in SK and BG on Public Procurement
3 15-04 ction Developing an index for rating Contracting uthorities according to their performance ("Trip advisor") /GROW Scoping paper, Pilot of Index, Index n/a Consultants / researchers Performance in public procurement can be measured at several levels, action to focus on the level of contracting authorities and develop an index for assessing and benchmarking their performance. Piloting of the Index on TED data completed in The second phase of piloting procurement indicators took place in This time, the analysis of procurement performance was carried out at regional level: comparing regions across the EU. Results of this analysis fed into the 7th Cohesion Report (chapter 4) and were also published as a Working Paper "ssessing the quality of government at the regional level using public procurement data., B and C Study on Public Procurement good practice sharing across the EU for improving the delivery of European Structural and Investment (ESI) Funds / GROW / GRI / MRE / EMPL e-library/ structured handbook on good practice and roadmaps/ feasibility studies *e-library - October 2017; *Generic feasibility Studies - January 2017; *Roadmaps -May 2018; *Final Workshop - pril/may 2018 Consultants PwC This is a follow-up to the stock-taking study (ction 14-01). The purpose is exploring ways of transferring and sharing PP good practices (GP) between MS with a global objective to improve the compliance and quality of PP involving ESIF. Specific objectives: creation of an e-library and handbook of PP GP; development of feasibility studies and roadmaps of most impactful good practices (10)., B and C "TIEX PEER2PEER" (study visits, expert missions, workshops) / Service level agreement with TIEX / DG NER for PEER2PEER Improved capacity, systems and procedures, knowledge sharing Implementation until end Experts identified via TIEX PEER2PEER TIEX- PEER 2 PEER instrument facilitates the handson exchange of knowledge and experience among public authorities in Member States on topics of direct relevance for cohesion policy. Since the launch of the instrument in 2015, 142 exchange events have been organised, 12 of them on public procurement issues. Public procurement is among one of the most popular topics for exchanges requested by Member States, B and C Scoping of the potential for database of irregularities in public procurement and exploitation of the currently existing ones GROW / / GRI / MRE / EMPL /OLF Pilot project with SK Court Implementation of a of udits in 2018 database of irregularities in public procurement In house Work together on priorities set e.g.in the Single Market Strategy (SMS) and EC report. Objectives to support irregularities databases in MS. future EU database should cover information available from existing databases at National and EU level. and B
4 13-03 ction Country specific Strategies for Member States with identified systemic weaknesses RO, BG, IT, EL (ongoing) and CZ, SK (under preparation tbc). GROW / Strategies tailored to MS needs, endorsed by the MS. These country strategies are initiated by GROW and implemented by the MS to achieve reforms for more effective, efficient and accountable public procurement d-hoc deliverables, based on the implementation status of each MS MS administration with the support of GROW and PP strategies for BG and RO under implementation; MoU with EL and PP strategy for IT agreed. Regular information about progress to Members of the Working Group. and B Pilot initiative against corruption in PP for ESIF projects "Integrity Pacts - Civil control mechanisms for safeguarding EU funds" in cooperation with Transparency International (TI). / GROW Learning from global Integrity Pacts (IP) experience; Development of materials adapted to the ESI Funds Targeted outreach in MSs to raise interest in piloting IPs Implementation of 17 IPS *Phase 1: 17 projects for IP piloting *Memorandums on Cooperation signed *Kick-off meeting - pril 2016, partner event - 17 June2016; *ll 17 IP to be signed by June 2018 Grant to TI Overall objective: to explore and promote the use of Integrity Pacts (IP) for safeguarding EU funds against fraud and corruption, and as a tool to increase transparency and accountability, enhance trust in authorities and government contracting, contribute to a good reputation of contracting authorities, bring cost savings and improve competition through better procurement The initiative is divided in 2 phases: Phase 1 finalised: 01/01/ /12/2015 Phase 2 ongoing: 01/01/ /12/2019 implementation of IPs for selected ERDF or CF or ESF funded projects in 11 MS. and B 1- Promote the voluntary ex ante assessment mechanism for the compliance of large-scale projects with EU procurement rules, including a helpdesk function and an information exchange mechanism GROW / Use of the mechanism currently in place; Development and use of the information exchange mechanism (including a database and a platform) Information exchange mechanism developed in Q GROW This is a follow-up of the adoption of the COM (2017) Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects and B 2 - Promote initiatives to improve cross-border market access for SMEs GROW / Increased SME participation in public procurement both nationally and cross-border Lessons learned from COSME Q42018 Study on SME participation in procurement launched in Q GROW B and C There is an ongoing COSME financed pilot project to enhance SME's participation, especially across borders. Based on the lessons learned from this project, the evolution of SME's participation in public procurement and the reports from the MS on these issues, the Commission will report on best practices and recommended measures
5 ction 3 - Foster full take-up of E-procurement create positive incentives for projects in this area, including through the recognition of good practices for a more rigorous approach to publication of tenders in TED database GROW Better functioning e- procurement around the EU Higher publication on TED and higher use of TED data at national level 18 October 2018, Conference in Lisbon on E- procurement In-house E-procurement around the EU is progressing well. This is both thanks to general technological trends in the society such digital transformation and Commission's work (e.g. the e-procurement experts' working group, structural funds, Connecting Europe Facility funds). Practically all Member States seem to be on track to meet the October 2018 deadline for electronic submission on bids. The technological option already exists in most Member States and currently they are working on mainstreaming this option across national contracting authorities B 4 - Promotion of the strategic use of procurement to pursue Cohesion policy objectives /GROW * Provide hands on support to ESIF Beneficiaries/Managing authorities for the implementation of 5-6 strategic procurement initiative; * Develop promotional material, guidance & practical tool-kits. Duration is 24 moths OECD (grant) OECD will counsel/assist managing/contracting authorities to run the pre-market consultation, define selection and award criteria, select and run procurement procedure, ensure good governance and coordination during the implementation phase, etc.) C 5 - Pool of experts for PP issues /GROW * Provide ad-hoc expert support needed for MS in order deal with PP issues depends on concrete need/assignment MI expert list Budget planned for Continuation will depend on the needs. B 6 - External training on Directives and strategic procurement Develop targeted training schemes: e.g. on social, green and innovative procurement (in cooperation with other DGs, notably, JUST, GRI, ENV, etc.) /GROW/ GRI/MRE/E MPL/ENV/JUST * Training for ESIF managing authorities and other key bodies involved in ESI funds For ESIF Managing uthorities - 2 days training x 4 times a year For other target groups - Identification of needs to be carried out in Q1/Q2, follow up and implementation to be determined Outsourced via framework contracts Pilot training was organised in December 2017 for Managing uthorities; Discussions on making the training available to all relevant DGs is on-going. The objective is to increase the know-how in the public procurement area for the key bodies managing/implementing ESI funds as well as other relevant bodies and C 7 - Internal training on Directives and strategic procurement /GROW * Training for ESIF DGs (including auditors) * Training to other DGs. Organised two times per year In house The goal of this training is to provide participants with an understanding of the principles, procedures and recent changes of European public procurement policy, focussing on strategic aspects of public procurement and possible impact on/benefits for ESIF funded programmes and C
6 ction 8 - PP competence centre GROW * one stop shop portal Phase 1: completed, ecompetence centre launched on 7 December. Phase 2: further development of the content and translation in all EU languages - ongoing in house B and C nalysis per country and 9 - Single bidding ongoing sector for EU funded projects in relevant MS Final report - December 2018 Consultants / researchers The issue of single bidding has received a lot of interest from different stakeholders in the last years. The main goal is to have an analysis per country and sector (transport, environment, etc. ) for EU funded projects in the relevant MS. It should focus not only on single bidding but also on discriminatory criteria. Some data could also be collected with the help of DG GROW through the (improved) TED database. B [2]
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