Bijlagen bij COM(2004)841 - Actieplan voor de implementatie van het wettelijk kader voor elektronische aanbestedingen - Hoofdinhoud
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| dossier | COM(2004)841 - Actieplan voor de implementatie van het wettelijk kader voor elektronische aanbestedingen. |
|---|---|
| document | COM(2004)841   |
| datum | 29 december 2004 |
2.1.3. Financial impact on Revenue
X Proposal has no financial implications on revenue
( Proposal has financial impact – the effect on revenue is as follows:
3. CHARACTERISTICS AND OBJECTIVES
Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:
3.1. Need to be met in the short or long term
On 30 April 2004, the European Parliament and the Council have adopted Directives 2004/17/EC and 2004/18/EC as part of the legislative package of Procurement Directives. These Directives provide for the first time a coherent framework for conducting procurement electronically in an open, transparent and non-discriminatory way, establish rules for tendering electronically and fix the conditions for modern purchasing techniques based on electronic means of communication.
However, the move towards using electronic means in the procurement process is not without risks. Incorrect application of the new EU rules and discriminatory technical solutions and practices could fragment the Internal Market and increase the risk of inefficiencies and bad governance. Implementing the new EU provisions on electronic public procurement correctly and as quickly as possible will determine Europe’s capacity to keep open the markets for electronic public procurement and contribute to achieving the Lisbon objectives.
3.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
The transformation of public procurement from procedures carried out on paper to electronic procedures is a complex operation which requires action and decisions at many levels beyond the simple transposition of the new rules by Member States. Organisational, technical and institutional issues should be addressed by governments in order to re-engineer existing processes for tendering and purchasing, and to exploit the available ICT solutions and tools. Adoption of the EU legal framework for the use of electronic means in the public procurement process was a first significant step in order to remove legal uncertainties and to establish the required safeguards for open, transparent and non-discriminatory public procurement using electronic means.
Use of electronic means should guarantee in practice that any business in Europe with a PC and internet connection can participate in a public purchase conducted electronically. Besides ensuring compliance with the legal framework, Community involvement is intended to provide guidance and impetus to Member States’ efforts and coordination. Through the Action Plan, it addresses risks and problems in particular in the following areas: legal environment; technical environment; administrative and organisational processes; businesses’ access to public procurement markets; knowledge-building, skills and awareness.
In doing so, Community action in relation to e-procurement may be expected to provide a coherent framework for introducing e-government services more generally and sustain convergence of RTD efforts in this field. Eventually, use of e-procurement at national, regional and local level in the Member States may also contribute to more efficient management of Community structural funds.
3.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
To achieve generalised use of for electronic public procurement by 2010, the Commission proposes an Action Plan for a functioning Internal Market and good governance in electronic public procurement. The Action Plan shall assist Member States and facilitate implementation of the relevant provisions of the Directives correctly and in time, in particular with the aim:
- To prevent fragmentation, e.g. the emergence of new ‘e-barriers’ in EU public procurement markets;
- To provide the conditions for ensuring good governance and greater efficiency of public procurement markets and
- To work towards an international framework for electronic public procurement.
The Commission assisted by the Advisory Committee for Public Contracts will monitor overall progress in implementing the Action Plan. By the end of 2007, the Commission will review the situation and report on the results achieved. This assessment will concentrate on the progress achieved on the legal front, the development of the necessary infrastructures for carrying procurement electronically, the use of electronic means and progress achieved in implementing the Action Plan. An assessment of economic impacts would be rather premature as experience shows that benefits from such reforms take longer to materialise. The Commission will use the following indicators to monitor progress:
- Indicators for the implementation of the legal framework: Proper alignment of national legislations to the legislative package, e.g. transposition of all provisions on electronic public procurement in each Member State; implementation of the directives in due time; number of legal actions for failure in transposing into national legislation; date of transposition of the directives into national legislation.
- Indicators for use of electronic means in public procurement process: General development of electronic procurement across the Union, e.g. share of notices dispatched electronically by contracting authorities; share of tender documents accessible electronically; number and volume of dynamic purchasing systems; share of calls for tender using electronic auctions; share of cross-border procurement. And increased transparency and compliance in public procurement activities
- Economic indicators: statistical information is already being collected on public procurement markets; this information will be progressively extended to cover electronic means such as the share of central purchasing and evolution of dynamic purchasing systems. The Action Plan envisages improvements to collection and processing of procurement data at both, national and Community level.
To implement the Action Plan on e-procurement, the Commission intends to carry out a substantial number of actions, among which an Interpretative Communication on electronic public procurement and a Commission Regulation establishing standard forms for the publication of notices. In this context, the Commission will table proposals and take the appropriate initiatives according to the time-table set out in the Action Plan. It will provide the necessary legal support and assistance to the Member States for the transposition of the public procurement directives and monitor the application of Community law as well as organise meetings of the relevant committees, in particular, the Public Procurement Advisory Committee and the Working Group on e-procurement; it will also propose continuation of the activities of the e-procurement workshop managed under the IDA programme. In addition, meetings with Member States will be organised within the Statistics working group to improve data collection and explore solutions to automate it in view of the end-2006 deadline laid down in the e-procurement Action Plan. Finally, the Commission will participate actively in international fora and provide adequate input to international standardisation fora, most particularly on interoperability issues.
Commission output will be surveyed in terms of timely delivery and content of outputs; the completion of studies on time; compliance cost indicators for public procurement rules; appropriate impact assessments where applicable and the degree of acceptance from stakeholders. The quality of economic indicators will be judged by the quantity of reliable data available, and the fulfilment of EU statistical obligations.
3.4. Method of Implementation (indicative)
Show below the method(s)[13] chosen for the implementation of the action.
X Centralised Management
X Directly by the Commission
ٱ Indirectly by delegation to:
ٱ Executive Agencies
ٱ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation
ٱ National public-sector bodies/bodies with public-service mission
ٱ Shared or decentralised management
ٱ With Member states
ٱ With Third countries
ٱ Joint management with international organisations (please specify)
Relevant comments:
4. MONITORING AND EVALUATION
4.1. Monitoring system
4.2. Evaluation
4.2.1. Ex-ante evaluation
Extended impact assessment
4.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
Not relevant
4.2.3. Terms and frequency of future evaluation
Review by the Commission and Advisory Committee for Public Contracts in 2007; if necessary, additional evaluation exercises will be considered.
[1] SEC (2004)1639, Extended Impact Assessment for an Action Plan on electronic public procurement, Commission staff working document.
[2] ‘Tenders Electronic Daily’, de officiële website van de EU waarop alle opdrachten worden aangekondigd die onder de aanbestedingsrichtlijnen vallen.
[3] Programma voor gegevensuitwisseling tussen overheidsdiensten.
[4] Overeenkomstig Richtlijn 1999/93/EG zijn technische normen bekendgemaakt door de werkgroep ESI van het ETSI en de CEN/ISSS e-Sign Workshop.
[5] Zie voor een uitvoerige analyse “The legal and market aspects of electronic signatures”, studie voor de Europese Commissie, Interdisciplinary Centre for Law and Information Technology, Katholieke Universiteit Leuven, oktober 2003.
[6] Op 21 april 2004 hebben het Europees Parlement en de Raad Besluit 2004/387/EG tot invoering van het nieuwe IDABC-programma goedgekeurd. Dit programma, dat voortbouwt op de resultaten van het voorgaande IDA-programma, heeft tot doel vanaf 2005 de ontwikkeling van interoperabele pan-Europese e-overheidsdiensten in kaart te brengen, te ondersteunen en te bevorderen.
[7] De Workshop on Information Society Standardisation Systems van de Europese Commissie voor Normalisatie.
[8] Expenditure that does not fall under Chapter xx 01 of the Title xx concerned.
[9] Investments by the Publications Office should over time considerably reduce expenditure for publications in the Official Journal.
[10] Expenditure within article xx 01 04 of Title xx.
[11] Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05.
[12] See points 19 and 24 of the Interinstitutional agreement.
[13] If more than one method is indicated please provide additional details in the "Relevant comments" section of this point