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1、12878/12MM/lo1 DG G 3B EN COUNCIL OF THE EUROPEAN UNION Brussels, 24 July 2012 Interinstitutional File: 2011/0438 (COD) 12878/12 MAP 50 MI 514 CODEC 1972 NOTE from:General Secretariat to:Working Party on Public Procurement No. Cion prop.:18966/11 MAP 10 MI 686 + ADD 1 + ADD 2 Subject:Proposal for a
2、Directive of the European Parliament and of the Council on public procurement -Presidency compromise text/Consolidated version On behalf of the Presidency, delegations will find in the Annex a compromise text on the above Directive. Changes compared to the text of Articles outlined in the following
3、previous documents are underlined, deletions are marked : 8764/12 Cluster 1 8765/12 Cluster 2 9185/12 Cluster 3 8073/12 Cluster 4 8074/12 Cluster 5 9184/12 Cluster 6 11269/12 Cluster 7 11266/12 Cluster 8 9183/12 Cluster 9 and 9315/12 Cluster 10 12878/12MM/lo2 DG G 3B EN During the next Working Party
4、 meetings, the Presidency intends to focus the discussion on the following political issues with the view to achieving an overall compromise: -A/B services, social services and specific exclusions for service contracts Recitals: 10, 11, 11a, 13a Articles: 4, 10, 74, 75, 76, Annex VI, parts H, I, J,
5、Annex XVI -Social and environmental requirements and obligations by third country operators Recitals: 37a, 38, 38b, 39, 40, 41, 41a, 41b, 41c, 44a Articles: 2(22), 54, 55, 66, 67, 69, 70, Annex XI -Public-public/In-House Recital: 14 Article: 11 -Governance, e-procurement deadline and transposition d
6、eadline Recitals: 19, 25, 49, 51, 51a, 51b, 51c, 52, 52a Articles: 19, 83, 85, 86, 92 Delegations are invited to send their comments on the other Recitals or Articles not listed above to the following e-mail addresses: ppcypresidencytreasury.gov.cy, dgg3bconsilium.europa.eu and Klaus.Wiednerec.europ
7、a.eu. = 12878/12MM/lo3 ANNEXDG G 3B EN ANNEX Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public procurement (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and
8、 in particular Article 53(1), Article 62 and Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments1, Having regard to the opinion of the European Economic and Social Committee2, Having regard to th
9、e opinion of the Committee of the Regions3, Acting in accordance with the ordinary legislative procedure, Whereas: (1)The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Union, and in particular
10、 the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. However, for public contracts above a certain value, provisions s
11、hould be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition. 1 OJ C . 2 OJ C 191, 29.6.2012, p.84 3 OJ C . 12878/12MM/lo4 ANNEXDG G 3B EN (2)Public procurement plays a key role in t
12、he Europe 2020 strategy4 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parli
13、ament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors5 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award
14、 of public works contracts, public supply contracts and public service contracts6 have to be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers
15、 to make better use of public procurement in support of common societal goals. There is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. (3)The inc
16、reasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself; as such this clarification should not broaden the scope of this Directive compared to that of Directive 2004/18/EC. The Union rules on public procurement are not intended to cover all forms of disbursement of public money, but only those aimed at the acquisition of works, supplies or services for consideration by means of a public contract. 4 COM(201
