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The findings of the evaluation showed clearly that the public procurement Directives 2004/17/EC and 2004/18/EC have helped to establish a culture of transparency and outcome-driven procurement, generating savings and improvements in the quality of procurement outcomes that far exceed the costs, for public purchasers and suppliers, of running those procedures.
The evaluation has also found that differences in implementation and application of the Directives have led to different outcomes in different Member States.
Stakeholders have nevertheless voiced demand for a review of the public procurement directives to simplify the rules, increase their efficiency and effectiveness and make them better suited to deal with the evolving political, social and economic context.
Streamlined, more efficient procedures will increase flexibility for contracting authorities, benefit all economic operators and facilitate the participation of SMEs and cross-border bidders.
The current generation of public procurement Directives — Directives 2004/17/EC and 2004/18/EC — are the product of a long evolution that started in 1971 with the adoption of Directive 71/305/EEC.
By guaranteeing transparent and non-discriminatory procedures, these Directives principally aim to ensure that economic operators from across the Single Market benefit fully from the basic freedoms in competing for public contracts.
A comprehensive economic evaluation has shown that the public procurement Directives have achieved their objectives to a considerable extent.
They have resulted in greater transparency and higher levels of competition while achieving measurable savings through lower prices.
Summary of responses and how they have been taken into account A very large majority of stakeholders appreciated the initiative of the Commission to review the current public procurement policy.
Context of the proposal · Grounds for and objectives of the proposal The Europe 2020 strategy for smart, sustainable and inclusive growth [COM(2010) 2020] is based on three interlocking and mutually reinforcing priorities: developing an economy based on knowledge and innovation; promoting a low-carbon, resource-efficient and competitive economy; and fostering a high-employment economy delivering social and territorial cohesion.
Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve these objectives by improving the business environment and conditions for business to innovate and by encouraging wider use of green procurement supporting the shift towards a resource efficient and low-carbon economy.
· Existing provisions in the area of the proposal Together with the proposed new utilities Directive, the proposal will replace Directives 2004/17/EC and 2004/18/EC as the core elements of the European Union public procurement legislative framework.
The Directive will be complemented by the further elements of that legislative framework: · Directive 2009/81/EC sets specific rules for defence and sensitive security procurement, · Directive 89/665/EEC establishes common standards for national review procedures to ensure that rapid and effective means of redress is available in all EU countries in cases where bidders consider that contracts have been awarded unfairly.