Michel BarnierCommissioner for Internal Market and ServicesEuropean CommissionBrussels B-1049Belgium

Opinion of the Folketing (Danish Parliament) on the Proposal for a Directive on Public

Procurement – COM(2011) 896

Dear Michel BarnierPlease find below the consultation response of the Folketing’s European Affairs Committee to theCommission’s proposal for new EU rules on public procurement, COM(2011)896.The Folketing has considered the proposal in the European Affairs Commission and the MunicipalAffairs Committee and has the following remarks, which are supported by all parties in the committees:1. – that the thresholds should beraised in order to create a simpler, more flexible and far moresustainable and efficient procurement market in Europe by significantly reducing bureaucracyand avoiding invitations to tender for the smallestpublic contracts, which, as experienceshows,result in the submission of very few tenders. Higherthresholds will significantly alleviatethe pressure on municipalities, regions and states in Europe by facilitating a reduction of thehuge administrative, economic and legal burdens that are associated with the present directiveon public procurement and the proposed new directive on public procurement, COM(2011)896. This will thus facilitate achievement of significant savings in connection with procurementprocedures and also provide for the possibility to incorporate future-oriented considerationsregarding innovation, environmental protection and social responsibility in connection withpublic procurement. This will have a positive effect on both public procurersand privatesuppliers. However, higherthresholds should naturally be determined on the basis of closeassessment/analysis of experience with market development and the number of cross-bordertenders submitted by Member States in line with the thresholds that have appliedhitherto.2. – thataction should also be taken to ensure greater transparency and accessibility as well asmore comprehensible information (e.g. in English) regarding the increased number ofEuropean tenders in the future. Transparent and objective procurement procedures will havegreat importance for public procurement, resulting in improved procurement outcomes andconsiderable savings that benefit Member State authorities and, ultimately, the Europeantaxpayer.3. – that, in conjunction with raising the thresholds,the access of SMEs topublic procurementshould be enhanced, for example by introducing the obligatory division of major publiccontractsinto lots and by reducing the bureaucratic requirements for such participation.4. – that greater access should be provided for negotiation between the parties participating inprocurement procedures, and that contracting authorities should have freedom to use thenegotiated procedure after publication of a contract notice.

5. – that effort should be made to reduce bureaucracy in procurement procedures by refrainingfrom requiringa minimum number of tenders(The Commission’s proposed directive currentlyrequires a minimum of five tendersto be submitted, which is why many public invitations totendernevertheless do not result in any form of competitive procurement, because theseinvitations generate only few tenders).6. – that,in order to reduce bureaucracy in the future, plans for switching over to e-procurementexclusively should be accelerated (as should plans to phase out communication by letter/fax,which the Commission’s proposed directive otherwise wishes to retain as an option).7. – that, in relation to the proposal to impose greater requirements for elements/criteria whichare to be included in the contract awardprocedure – such as specific social, financial andeconomic requirements, which are perhaps not always relevant in aspecific case -action shouldbe taken to ensure that the directive on public procurement does not hinder the continuedability of Member States to use their own tools in relation to public procurement,provided suchuse remains consistent with the requirement of proportionality. It thus also remains crucial thatthe proposal does not hinder the inclusion of labour clauses in public procurement contracts.8. – that increased focusshould be placed on shortening the time limits for review proceduresconcerning the award of public contracts,as long time-limits for conducting reviews can kill thedesire to submit a tender.Yours sincerelyEva Kjer HansenChair, European Affairs CommitteeLiv Holm AndersenChair, Municipal Affairs Committee