European Procurement Directives

Consultation on the implementation of the European procurement directives

2008 Consultation on the approach to implementing the new EU Remedies Directive 
OGC is consulting stakeholders on the approach to take in implementing the new EU Remedies Directive (Council Directive 2007/66/EC).

The new Directive amends the original two Remedies Directives that apply to the public sector and utilities sector. The main new provisions aim to harmonise the standstill provisions between Member States and introduce ineffectiveness as a remedy for illegal direct awards, which are considered to be the most serious breach of the procurement rules.

OGC will run two consultations: the first (this one) consults on the approach to implementation, in particular seeking feedback on various optional elements of the Directive. A second consultation will follow in 2009, which will consult on a draft statutory instrument.

The consultation document is provided below and contains further details and instructions for responses. The consultation will run for 12 weeks; the closing date is Friday 24 October 2008.

The text of the new Remedies Directive and a draft Regulatory Impact Assessment are also provided below as annexes to the consultation document. 

• Remedies consultation document (PDF, 269KB)
• Annex A - Draft Regulatory Impact Assessement (MS Word, 162KB)
• Annnex B - Remedies directive (PDF, 108KB)

2007 Consultation on the draft amending regulations
OGC consulted stakeholders on the draft Public Contracts and Utilities Contracts (Amendment) Regulations 2007. The main purpose of the proposed amendments was to make the necessary amendments to reflect the accession of Bulgaria and Romania to the EU at the beginning of 2007. The opportunity was also taken to make some minor corrections and clarifications in a small number of areas.

OGC received comments on the draft amendments from a number of interested parties and the period for consultation has now closed. There were no substantive changes to the EU procurement rules and the amendments do not affect the majority of stakeholders.

• The Public Contracts and Utilities Contracts (Amendment) Regulations 2007 SI 2007 No 3542

2005 Consultation on draft regulations implementing the new procurement directives and OGC's response
2005 Consultation on Draft Regulations. Following our 2004 consultation on the approach to take in implementing the new EU Public Sector and Utilities procurement Directives, OGC ran a consultation exercise on the draft Regulations implementing these Directives between 20 June and 12 September 2005.
This consultation is now closed.

Please find below both sets of draft Regulations on which OGC consulted, along with the consultation document, transposition tables (which map the Regulations to the Articles of the Directives), and links to the text of the Directives.

• Response to Consultation Document on the Draft Regulations (PDF, 220K)
• Consultation Document on the Draft Regulations (PDF, 227KB)
• Draft Public Contract Regulations (MS Word, 606KB)
• Draft Utilities Contract Regulations (MS Word, 568KB)
• Transposition Table for the draft Public Contracts Regulations (MS Word, 76KB)
• Transposition Table for the draft Utilities Regulations (MS Word, 82KB)
• Link to the new EU Public Procurement Directives

2004 consultation on the approach to take in implementing the directives and OGC's response
Previous Consultation Exercise in 2004
In 2004 OGC consulted on the approach to take in implementing the two new EU procurement Directives. The two consultation documents and OGC's response are available here:

• 2004 Public Sector Consultation Document (PDF, 112KB)
• 2004 Utilities Consultation Document (PDF, 108KB)
• Response to the 2004 Consultation Exercise (PDF, 112KB)

Previous EU public procurement directives