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European Procurement Directives

Consultation on the implementation of the European procurement directives

2009 - First Consultation on the Defence and Security Directive

The Ministry of Defence (MOD) is consulting stakeholders on the approach to implementing the new Defence and Security procurement Directive (Directive 2009/81/EC). As this Directive primarily affects defence contracting, MOD has lead responsibility for coordinating transposition.

This first consultation seeks feedback on the approach and seeks views on a range of specific issues. The deadline for responses is 10 March 2010. The consultation document can be accessed via this link.

The Public Contracts (Amendment) Regulations 2009 SI 2009 No. 2992

The Public Contracts (Amendment) Regulations 2009 SI 2009 No. 2992 can be accessed here.  The Explanatory Memorandum, accompanying Transposition Note and Impact Assessment are also available from this page.'

2009 - Second Consultation on the new Remedies Directive
OGC's second public consultation on the implementation of the new Remedies Directive closed at the end of July, which sought stakeholders' views on draft Regulations and some other policy matters.

The exercise was very successful, eliciting a good response from a wide range of contracting authorities, legal and advisory firms, and industry representatives. Detailed analytical work took place in August. The key steps over the Autumn are to finalise the implementation policy, recast the draft Regulations, and prepare guidance to support the transition. The new rules are scheduled to come into effect on 20 December 2009. A summary of the consultation findings will also be published in due course.

The consultation document comprised the following elements:

2008 - First Consultation  on the new  Remedies Directive (Closed)
This consultation has closed. OGC consulted stakeholders in 2008 on the approach to implementing new EU Remedies Directive (Council Directive 2007/66/EC).

OGC ran the first of two consultations in the Autumn of 2008. This sought opinions on the approach to the Directive's' implementation, in particular seeking feedback on various optional elements. The consultation evoked a positive response which helped to inform decisions on the policy options.

The first Remedies consultation document is provided below, along with the text of the new Remedies Directive and a draft Regulatory Impact Assessment (as annexes to the consultation document):

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.

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.

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:

Previous EU public procurement directives

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