Anti-corruption measures under the new Public Procurement Directives

Transcription

1 Anti-crruptin measures under the new Public Prcurement Directives ATHENS Bgdan STEFAN Eurpean Cmmissin Directrate General Internal Market, Industry, Entrepreneurship and SMEs Directrate G Single Market fr Public Administratins

2 Intrductin/structure Public prcurement is cvered by a special chapter in the first (2014) and the secnd (t be issued in 2016) EU Anti- Crruptin reprts. Significant imprtance due t: A. crucial leverage in the Internal market B. "Ht spt" fr crruptin, subject t significant crruptin risks C. cvered by extensive EU legislatin D. in additin t the main aim t pen market t cmpetitin, the new public prcurement rules have a strnger anti-crruptin fcus Preventing crruptin Detecting crruptin Redressing crruptin. 25/02/2016 2

3 A. Public Prcurement is f crucial imprtance fr the Internal Market 1/5 f EU GDP (2.3 trillin EUR) spent by Eurpean cntracting entities n gds, wrks and services abve and belw threshlds fr the applicatin f EU rules. Ttal value f calls fr tenders abve threshlds (incl. utilities and defence): Billin in 2014 (401,72 in 2012). Greece: expenditure n wrks, gds and services wrth Billin EUR in ,91 % f GDP 3

4 B. Public Prcurement is cvered by extensive legislatin Classic Public Prcurement and Utilities (water, pstal, energy, transprt) Directives + new Cncessins Directive t be transpsed by MS by April 2016 Remedies Directives fr classic and utilities prcurement allwing judicial versight f the prcurement prcess Defence prcurement Directive t regulate prcurement in a high price and frmerly intransparent sectr. 4

5 C. Public Prcurement is a "Ht spt" fr crruptin High level f financial interests at stake, in varius sectrs (e.g. energy and transprt infrastructure, cnstructin, defence). The csts f crruptin are difficult t quantify. Hwever, it is a fact that crruptin in PP impedes n the sund management f public mney, cmpetitin and undermines the trust f citizens in demcratic institutins 5

6 D. Public Prcurement rules prevent crruptin by enhancing Transparency I Rules fr public prcurement are in place t guarantee transparent and nndiscriminatry prcedures Transparency is the wrst enemy f crruptin, if fllwed in their letter and spirit, public prcurement rules can prevent crruptin and malpractices. Cntracting entities play a key rle in ensuring transparency f the prcedure. Transparency wuld help them getting the best value fr mney and remain the master f the prcess by applying the "fair" rules f the game, set by the PP directives, such as: 6

7 Public Prcurement rules prevent crruptin by enhancing Transparency II Prir publicatin f tenders Clear and unbiased technical specificatins Equal treatment f bidders in all stages f the prcess Objective evaluatin f tenders accrding t an apprpriate methdlgy unbiased award criteria avidance f cnflicts f interests Cnclude the cntract as tendered Execute the cntract as cncluded 7

8 Public Prcurement rules prevent crruptin by enhancing Transparency III the new directives Besides enhancing transparency, the refrm f the public prcurement directives and the new cncessins directive are majr leap frward by: creating the framewrk fr effective prcedures fr purchases at best value fr mney tailred t all pssible needs f cntracting authrities Prmting streamlined rules aviding cmplex, bureaucratic prcesses which usually extend the pprtunities fr crruptin. MS shuld use the transpsitin perid f the new directives (18 th 2016, 2018 fr e-prcurement) as an pprtunity t: April t raise awareness f the rules amngst all public prcurement actrs, including the judiciary t verhaul the rganisatin f their public sectr and adapt the institutinal structures and internal mechanisms t the requirements f the new directives t recnsider in depth the efficiency f their public prcurement and anti-crruptin plicies. 8

9 Public Prcurement rules prevent crruptin by enhancing Transparency IV the new directives Nvelties in the new directives, directly enhancing transparency : 1. E-prcurement is generalised and becmes mandatry 2. Separate legal framewrk fr cncessin cntracts enhances transparency in this field 3. Intrductin f a standard frm self-declaratin fr bidders, the "Eurpean Single Prcurement Dcument"- it mre difficult t exclude tenders in the selectin phase 4. Cpies f 10 Mi EUR wrks + 1 Mi EUR supplies and services cntracts must be made available n request; exceptins allwed nly in the case f cmmercially sensitive infrmatin 9

10 Public Prcurement rules prevent crruptin by enhancing Transparency V the new directives 5. The scpe f the public prcurement directives is extended t the pst-award phase (particularly vulnerable t crruptin; the mdificatin f cntracts during their term withut a new tender prcedure is nw regulated. 6. Guidance fr cntracting authrities by Member States and administrative exchange f infrmatin e.g. n exclusin grunds are required. 10

11 New Public Prcurement rules a strnger anti-crruptin fcus New Directives strengthen the anti-crruptin purpse by intrducing: 1. Strnger exclusin grunds, extended t situatins where bidders: have entered int agreements have tried t influence r mislead the cntracting authrity have tried t btain cnfidential infrmatin. 2. The ntin f "cnflicts f interests" is fr the first time defined at EU level 3. The bligatin fr the Member States and cntracting authrities t take apprpriate measures t effectively prevent, identify and remedy cnflicts f interests 4. Member States must mnitr and reprt n measures t prevent and detect prcurement fraud, crruptin and cnflicts f interest and ther serius irregularities. 11

12 Tls available in the MS t prevent and detect crruptin Examples PSD Cratia: NGO runnning a database, free f charge, pen t the use f the public, gathering infrmatin n public prcurement prcedures, cmpanies, assets and interests f fficials allws fr crss-checks by cnnecting the database f the authrity repnsible t check cnflicts n interests and the e-prcurement data base PREVENT system/rmania As part f the public prcurement strategy agreed with DG GROW and REGIO, Rmania will implement a system (PREVENT) aiming at preventing cnflicts f interests The system will autmatically detect whether the bidders are relatives r are cnnected t peple frm the cntracting institutins' management. The system crss-checks instantly 3 natinal data bases: trade register, ppulatin register and the e-prcurement data base Clarity prgramme in Greece (diavgeia διαύγεια) bliges all public institutins t publish nline their decisins, including in relatin t public prcurement. The decisins f public entities cannt be implemented if they are nt upladed n the Clarity websites. 12

13 Public Prcurement rules t detect crruptin Mnitring The new directives prvide fr the bligatin fr the MS t mnitr the applicatin f the public prcurement rules T respnd t this bligatin, the Cmmissin encurages Member States t develp an efficient mnitring system based n relevant indicatrs (red flags, anmalies detectin tls) and a slid natinal database n irregularities in PP, building n similar examples such as ARACHNE, TED r cntract registers existing in varius MS A slid data base and relevand red-flags/anmalies detectin tls in place wuld als facilitate the task f the Member States t respnd t the bligatin f reprting n fraud, crruptin and cnflicts f interest and ther serius irregularities linked t public prcurement 13

14 Public Prcurement rules t redress crruptin Effective review prcedures accrding t the rules f the Remedies Directives by independent and prfessinal review bdies t reflect n the pssibility t grant active legitimacy fr NGOs r citizens? Effective mnetary fllw-up f crrupt practices by applying financial crrectins t EU funds Effective sanctining f crruptin in prcurement in a prcedure f apprpriate length by an independent judiciary which masters the public prcurement rules and is vigilant t crruptin 14

15 Additinal ways t address crruptin in public prcurement Businesses shuld have meaningful cmpliance prgrams in place. Adpt increased whistleblwer prtectin, including leniency schemes Encurage cntracting authrities t adhere t integrity pacts develped by DG REGIO As all cntrls have limits, what is mainly needed is t develp the right attitude, a culture f integrity - Public service shuld aim at Better quality prcurement fficers will ultimately have t wrk with their purchases Increased public savings therefre, budget fr higher salaries Imprved business envirnment results in mre lcal taxes cllected, hence the pssibility t build better infrastructure Prcurement fficers shuld take wnership frm the very beginning f the prcess until the very end. 15

16 Thank yu fr yur attentin Fr mre infrmatin, please visit ur website: Cntact: Bgdan. 16