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International procurement instrument
Over the years, the EU has opened up its public procurement markets to third countries to a large degree, yet many of these countries have not granted the EU a similar privilege. This situation has been difficult to address through multilateral or bilateral trade negotiations alone. With this in mind, the European Commission proposed the creation of an international procurement instrument in 2012. The aim of this instrument is twofold: to improve the conditions under which EU businesses can compete ...
The liberalisation of EU port services
Serving as access points to Europe, the European Union's approximately 1 200 seaports are crucial both for its transport sector and its competitiveness. They also have significant potential for creating jobs and attracting investors. The European Commission plans to redress the huge disparities in performance levels by modernising the port services offered by the EU’s 329 main seaports. The reform is aimed at eliminating unfair competition, guaranteeing a level playing field and improving the ...
Market access to port services
In a third attempt to liberalise the European Union's port services, in 2013 the European Commission proposed a regulation aimed at eliminating unfair competition and improving the commercial efficiency of the major EU seaports. While establishing a framework for market access to port services, and common rules on both the transparency of public funding for ports and charges for users, the proposal does not affect Member States' social and employment rules.
Liberalisation of EU port services: state of play
Serving as access points to the continent, Europe’s approximately 1 200 seaports are crucial to both the European transport sector and the competitiveness of the European Union (EU). They also have significant potential for creating jobs and attracting investors. There are huge disparities in performance levels between the various EU ports, however, and this has resulted in traffic diversions, longer journeys by sea and by land, and, consequently, higher CO2 emissions. The European Commission plans ...
Analytical Overview of the Legal Framework of EU Member States regarding the Awarding of Concession Contracts
In this Briefing Note the different approaches to the award of concessions taken in selected Member States are analysed and compared to the approach taken by the Directive Proposal issued by the Commission. Particularly the differences with regard to the definition of concessions and the different procedures are taken into account.
Proceedings of the Workshop on "The Award of Concession Contracts"
The workshop set out to clarify questions and problems pertaining to the award of concessions contracts. For this purpose it focused on four main topics: the characteristics and problems of the award of concessions contracts from an economic perspective, the legal perspective on the Commission's proposal, the risks of corruption and collusion related to concessions contracts, and legal definitions of concessions in the Member States.
This briefing note describes the risk of undue influence, corruption and collusion on sector-governance decisions and the award of concession contracts. State intervention to reduce market failure easily creates a risk of governance failure, and this concern must be addressed to secure the intended combination of market forces and sector regulation – as is so well offered by concession contracts. Harmonised EU legislation specifically on the award of concession contracts is an important step to reduce ...
An Economic Analysis of the Closure of Markets and other Dysfunctions in the Awarding of Concession Contracts
As concession contracts are long-term agreements that are inherently incomplete, the economic literature suggests that rigid award rules are inadequate. We suggest that the Directive for the awarding of concession contracts should contain a balanced mix of flexible and rigid rules, as well as procedures to increase the transparency and accountability of contracting parties. This briefing note provides suggestions in order to avoid the closure of markets and other dysfunctions in the awarding of concession ...
Concessions
The briefing paper analyses whether ECJ jurisprudence provides sufficient legal clarity in the area of concessions. It elaborates on whether a legislative measure is necessary, and if it would be preferable to amend the existing procurement directives or to establish a separate law for concessions.