EU Policy & European Markets
EU legislation exists, or is proposed, in a number of areas that relate to competition and contracting in public services, including public procurement, competition, state aid and public private partnerships.
This section of the resource centre contains links to a number of key documents and web-based information channels that provide an overview of EU legislation and activities in these areas. It also contains a number of documents and references from non-EU sources that deal with public procurement, PPPs and contracting in Europe.
(Please note: links on this page will open the page in a new browser window)
European Commission Portal: Public Procurement Legislation (Web Page) European Commission, Last updated, 2009 This webpage has links to current and previous directives and the implementation of current directives. EU
European Commission Portal: Electronic Public Procurement Consultation (Web Page) European Commission, Last updated, 2005 This webpage has links to current and previous directives and the implementation of current directives. EU
European Commission Portal: Public Procurement - Key documents (Web Page) European Commission, Last updated, 2009 This webpage has links to current and previous directives and the implementation of current directives. EU
European Commission Portal: Green Paper on Public Private Partnerships and Community Law on Public Procurement and Concessions (Web Page) European Commission, Last updated, 2009 Commission's webpage which gives guidance on setting up institutionalised public-private partnerships and other documents related to public-private partnerships in the EU. EU
European PPP Report 2007 (PDF) DLA Piper, 2007 This report gives an overview of the European PPP markets in 2007 and sectoral analysis, before giving a detailed examination and analysis of the PPP market in each European country. EU
Public-private partnerships in new EU member countries of Central and Eastern Europe: (PDF) Brench, Andreas; Beckers, Torsten; Heinrich, Maria; von Hirschhausen, 2005 European Investment Bank An economic analysis with case studies from the highway sector. This paper analyses the role of public-private partnerships (PPPs) for infrastruture development in the new EU member states and condidate countries in Central and Eastern Europe.
Roads on a downhill? Trends in EU infrastructure investment (PDF) Valila, Timo; Kozluk, Tomasz; Mehrotra, Aaron, 2005 European Investment Bank This paper describes long-term trends in public investment and analysis their causes and consequences. In addition it assesses the significance of infrastructure finance through public-private partnerships.
Report on the Public Consultation on the Green Paper on Public Private Partnerships and Community Law on Public Contracts and Concessions (PDF) European Commission, 2005 This report discusses and analyses the feedback and contributions received by the Commission regarding its 2004 Green Paper on Public-Private Partnerships and Community Law on Public Contracts and Concessions - also available on the Resource Centre. EU
Public Sector Outsourcing
JPMorgan Cazenove Ltd, 2005
Delivering the PPP promise: A Review of PPP Issues and Activity (Web Page) PricewaterhouseCoopers (PwC), 2005
This report looks at the wider, most active markets for PPPs globally. It reviews the benefits and challenges of PPPs, identifies where the model can be most appropriately applied, and makes recommendation on the procurement process.
UKA Report on the Functioning of Public Procurement Markets in the EU: Benefits from the Application of EU Directives and Challenges for the Future (PDF) European Commission Working Document, 2004 European Commission This report examines the impact of Internal Market rules and regulations on the performance of public procurement markets, the results are largely positive. EU
The EIB's role in Public-Private Partnerships (PPPs) (PDF) European Investment Bank (EIB), 2004 This paper focuses on the lessons learned regarding the financing of PPPs, legislative and other policy issues that need to be addressed in developing PPP programmes and the role the Bank can play in this form of financing. EU
Green Paper on Public Private Partnership: Contributions Authorised for Publication European Commission, 2004 Contributions from public authorities, associations, undertakings and other organisations and individuals to the Commission Consultation on the Green Paper on Public Private Partnerships.
European PPP Report 2005 (PDF) DLA Piper, 2005 This report provides a comprehensive assessment of the PPP market in Europe. UK
European PPP Report 2004 DLA Group, 2004 UK
Wood Review: Investigating UK Business Experiences of Competing for Public Contracts in other EU Countries (PDF) Wood, Alan, 2004 Office of Government Commerce (OGC) This review aims to identify the difficulties UK suppliers face and the factors leading to success when UK business competes for public contracts in other EU countries. Where difficulties have been identified, recommendations are offered to improve competition in public procurement markets. UK
Guide to the Community Rules on Public Procurement of Services European Commission, 2004
This guide defines public service contracts, outlines when public service contracts fall within the Services Directive, provides an overview of contract award procedures, common rules regarding advertising and in the technical field, participation in procedures and award of contracts, the granting of special or exclusive rights, and design contests.
The Access of SMEs to Public Procurement Contracts (PDF) EIM Business and Policy Research, 2004 European Commission This study examines access to public contracts for small and medium-sized enterprises. It specifies success factors, identifies good practice and proposes mechanisms to promote SME participation in public procurement. UK
Commission's report on the economic effects of public procurement European Commission, 2004
New Decision of Eurostat on Deficit and Debt - Treatment of Public-Private Partnerships (Web Page) Eurostat , 2004 European Commission This decision relates to the accounting treatment in national accounts of government contracts undertaken in partnership with non-governmental organisations. If the construction risk is borne by government, or is the private partner bears the risk of construction and no other risk, the assets are classified as government assets. This, of course, will have a significant impact on government finances, both in terms of deficit and debt. EU
Action Plan for the Implementation of the Legal Framework for Electronic Public Procurement (PDF) European Commission, 2004 This report presents the results of research undertaken by the Commission to assess whether additional action is needed to support the implementation of electronic public procurement. It finds the take-up of electronic public procurement has been slow in Europe in the absence of political commitment, a clear legal framework and technical problems. EU
Green Paper: Defence Procurement (PDF) European Commission, 2004 This paper examines and develops the debate surrounding the gradual creation of a European Defence Equipment Market. It summarises the current procurement markets and the regulatory framework and considers potential future action. EU
Green Paper on PPPs and Community Law on Public Contracts and Concessions (PDF) European Commission, 2004 This paper debates the application and impact of community law on the selection and subsequent phases of PPPs. The analysis distinguishes between PPPs of a purely contractual nature with those of an institutional nature, and outlines possible opportunities for intervention. EU
White paper on services of general interest European Commission, 2004
Guide to the Community Rules on Public Supply Contracts (PDF) European Commission, 2004 This guide defines public supply contracts and provides an overview of public supply contracts covered by Directive 93/36/EEC, award procedures, common rules regarding advertising and in the technical field, participation in procedures and award of contracts, and the granting of special or exclusive rights. EU
Guide to the Community Rules on Public Works Contracts (PDF) European Commission, 2004 This guide outlines public works contracts covered by Directive 93/37/EEC, award procedures, common rules regarding advertising, technical specification and participation, and public works concessions. EU
Developing Public Private Partnerships in New Europe (PDF) Richard Abadies and Adrian Howcroft, 2004 PricewaterhouseCoopers (PwC) This report looks at the effect of the EU and its institutions on the development of PPP in Europe and the issues related to 'hybrid' projects. It states that PPPs can provide benefits to European Member States but the EU needs to ensure a proactive, rather than reactive, response to developments in this market. UK
Guidelines for Successful Public Private Partnerships (PDF) EC Directorate-General Regional Policy, 2003 European Commission These guidelines address the development of successful PPP projects. It deals thematically with PPP structure, legal and regulatory structures, financial and economic implications, integrating financing and the conception, planning and implementation of PPPs. EU
Developing the Trans-European Transport Network- Innovative Funding on Toll Collections Systems European Commission, 2003 This report examines the condition of infrastructure of the trans-European network and its financing and presents measures that would ensure more effective use of the infrastructure. EU
European PPP Annual Report 2002 DLA Group, 2002 Source replaced by 2004 version. UK
European Defence Procurement: Towards a Comprehensive Approach Trybus, Martin, 1998 European Public Law, 4 (1), March, 111-33 This paper discusses European regimes on competition, merger control, subsidies and exports with regards to the possibility of future liberalisation of defence procurement within Europe. In Public procurement Volume II, Ed. Arrowsmith, Sue and Hartley, keith, Edward Elgard Publishing Ltd, 2002, pp 735-757 EC regimes on competition, merger control, subsidies and exports in light of the possibility of the future liberalisation of defence procurement within Europe. UK
Green Paper on Vertical Restraints in EC Competition Policy (PDF) European Commission, 1997 This paper reviews the economic analysis of vertical restraints in the single market, outlines current procedures and the institutional framework, current rules for vertical restraints, the advantages of the current system, offers a comparison of law within the member states, third-country law and other policy relevant to vertical restraints and suggests a number of options that may be used going forward. EU
Public Procurement in the European Union: Exploring the way forward (PDF) European Commission, 1996 This paper looks at the current situation and trends in the application of public procurement law in member states, public procurement and other policies and procurement outside the Union. EU
The Dismantling of Barriers: Public Procurement (PDF) Euro Strategy Consultants, 1996 European Commission This report looks at the market before public procurement policy was introduced, reviews legal measures, outlines public procurement market contours, market perceptions, economic analysis, a number of case studies and an impact assessment. From The Single Market Review Series, Subseries III. EU
The Future of European Defence Policy: The Case for a Centralised Procurement Agency Cox, Andrew, 1994 Public Procurement Law Review, 3, pp 65-86 This paper covers the history of European Defence Policy since the Second World War, including procurement; and an analysis of various possible approaches to future European defence policy and procurement structures. In Public Procurement Volume II, Ed. Arrowsmith, Sue and Hartley, Keith, Edward Elgar Publishing Ltd, 2002, pp 713-734. UK
Useful Links
European International Contractors (EIC) (Web Page) EIC, 2009 EIC is a legally independent non-profit organisation which represents the interests of the European construction industry. Its mission is to improve the political, economic and legal framework governing the international construction activities of European international contractors. Germany