2.9 Do you have any successful practice that you would be ready to share with other Member States? Please explain

2.4 Contribution VO Department of Agriculture and Fisheries: The law on Public Procurement of 17 June 2016 contains provisions that ensure that the principle of equality, non-discrimination, transparency and proportionality are respected. (art.4, 6…)

2.5 Contribution VO Department of Agriculture and Fisheries: We organise working groups for measures of EAFRD to communicate guidelines concerning compliance with the public procurement and trainings on how to check the compliance of public procurement rules to help the implementing services to further develop their control and sanction system for the compliance with the public procurement rules.

2.6 Contribution VO Department of Agriculture and Fisheries: General: eDelta is a registration system for public procurement. The registration of public contracts has become necessary since the new European directive. On the 21th of January 2016, the commitment was made to enrol the registration system in all Flemish departments. The law on Public Procurement of 17 June 2016 also provides provisions in title 4 that are linked to the monitoring. Specific: organisation of training course (cfr 2.5).

2.7 YES

2.8 Contribution VO Department of Agriculture and Fisheries: The Government of Flanders has since long focused on digital communication, more specifically by deciding on 20 May 2011 that the use of e-tendering within the Flemish government will be imposed as of 1 January 2012. More information can be found on: https://overheid.vlaanderen.be/beleid-eprocurement. This means that the submission of applications and tenders for public contracts from the Flemish government can only be done digitally via the online platform e-tendering. On 22 June 2012, after an evaluation, the recommendation to impose the electronic procedure for submitting tenders for public procurement was approved by the Flemish Government. The Government of Flanders made the recommendation to the services of the Government of Flanders and to the Flemish institutions to impose on the tenderers the use of electronic means for the submission of tenders for all public contracts published from 1 July 2012, with the exception of the two-step procedures.

2.9 N/A

BG The new base directives (Directive 2014/24/EU and Directive 2014/25/EU), the Directive on Defence and Security Procurement and the directives concerning appeals, amended by Directives 2007/66/EC and 2014/23/EU, were incorporated into the Public Procurement Act (ZOP) (published SG 13/2016, in force since 15.4.2016). Directive 2014/23/EU and the directive on appeals were incorporated into a separate Act: the Concessions Act (published SG 96/2017, in force since 1.1.2018). It should be noted that in 2014 the Bulgarian National Strategy on the development of public procurement for the period 2014-2020 was adopted, and a plan for its implementation approved. The Strategy contains measures to ensure transparency, enhance competition, put an end to existing poor practices, etc. A number of implementing actions are also planned. Realising the potential of e-procurement is one of the measures included in the National Strategy. The introduction of e-procurement aims at improving the overall efficiency of public expenditure, enhancing the transparency of procurement and improving the opportunities for interested parties to participate in public procurement procedures. With a view to ensuring greater publicity and transparency in procurement, several national measures have been introduced into the ZOP: Procuring entities are required to publish on the buyer’s profile page all documents (decisions, announcements, agreements and others) relating to the contracts awarded by them. National documents are published alongside European public procurement notices in the Public Procurement Register maintained by the Public Procurement Agency. Such documents include decisions on the launch of negotiated procedures without publication of a contract notice. This is a specific national decision differing from the provisions of the applicable directives, which do not require the launch of this type of procedure to be made public. Another type of document is the notice on the completion of a public procurement contract, in which procuring entities provide information on the results of the contract’s performance and the funds disbursed under it. Calls for tender for low-value contracts are published on the public procurement portal. The extension of the scope of ex ante controls carried out by the Public Procurement Agency is one of the measures included in the National Strategy. In this connection, amendments to ex ante controls were introduced in the ZOP, in force since 15 April 2016. Procedures that are to undergo ex ante checks are selected at random using a risk-based methodology. The controls apply both in respect of procedures which require the publication of information in the Official Journal of the EU and procedures carried out under national procurement rules. They are carried out in two steps: before and after the publication of the procedures. The new controls apply also to the technical specifications of the procuring entities. When carrying out the controls, the Public Procurement Agency is assisted by external experts in the respective fields. Their names are included in a list maintained by the Agency and published on the public procurement portal. With the goal of cooperation in preventing and combating conflicts of interest in public procurement, an agreement was concluded in 2017 between the Public Procurement Agency, the Commission for the Prevention and Ascertainment of Conflicts of Interest, the Court of Auditors, the Public Financial Inspection Agency, the Audit of EU Funds Executive Agency and the AFCOS Directorate. With a view to ensuring better market monitoring, the Public Procurement Agency carries out checks of opened and published public procurement procedures selected at random. The procedure for the checks is based on internal guidelines established by the executive director of the Agency and published on the public procurement portal. In order to perform a comprehensive review and assessment of the Bulgarian public procurement system, an agreement was concluded between the Public Procurement Agency and the International Bank for Reconstruction and Development on 2 November 2017. The agreement is already being implemented, and an assessment report will be drawn up with recommendations on the system’s development. Pursuant to the European directives, the Public Procurement Agency will periodically draw up and present to the European Commission a monitoring report with information on the system's functioning. In light of the upcoming report, the Public Procurement Agency has taken the necessary organisational measures for the collection of information from the relevant bodies. With a view to contributing to the quicker and more efficient performance of functions by government bodies in the area of public procurement, the Public Procurement Agency concluded cooperation agreements with the Public Financial Inspection Agency and the Competition Commission in 2017. By its Decision No 108 of 19 February 2015, the Council of Ministers adopted the model for the creation of a single, centralised platform for the development of e-procurement in Bulgaria, which will be implemented through the development of a centralised electronic platform and the integration of already existing systems for e-procurement used by the central purchasing bodies. The national centralised e-procurement system will be maintained by the Public Procurement Agency. A call for tenders was launched in 2017 for the selection of a contractor to build the system. The contract was signed on 15 December 2017, with the relevant information published accordingly in TED and on the public procurement portal. The single national web-based platform will be built on a modular principle in two stages. The first stage includes the development of functionalities, including for electronic submission and opening of tenders/applications for participation. Modules such as e-registration, e-notice, e-submission, exchange of information during the procedure and others are to be developed. The second stage will cover functionalities relating to the awarding of public contracts and tracking of contract implementation, including links to possible electronic payment systems. It is expected that the second stage will be completed by the end of 2020. It will cover such modules as needs planning, selection and assessment of offers, electronic awarding of contracts and contract management etc. Training courses for the users of the platform (procuring entities, business operators, control bodies and others) are planned for both stages of the project. All national institutions using public funds in Bulgaria adhere strictly to the requirements of the Public Procurement Act and the implementing rules for the Public Procurement Act, which are harmonised with the legislation at European level.

CZ 2.1 YES

2.2 YES

2.3 YES

2.4 Transparency is the one of basic principles of public procurement procedures (see Art 6 of the Czech Act of Public Procurement, PPA). Czech authorities are obliged to choose suppliers in procurement procedures according to the PPA in case the estimated value of contract exceeds CZK 2 million (supplies, services contracts) or CZK 6 million (work contracts). As obvious, those thresholds are much lower than the EU thresholds. In the Czech Republic, transparency and integrity of public procurement is enhanced not only by obligatory electronic means of communication (see Art. 211 of PPA), but also by use of electronic tools that, in case of some contracting authorities, is obligatory. Within electronic tools, the course of procurement procedure is easy to be checked and tracked. Among others, the obligatory storage of procurement procedure documentation (see Art. 216 of PPA) can be mentioned as a tool of transparency and integrity of procurement procedures as a whole. Far beyond the directives, PPA states the obligatory evidence of ownership structure of suppliers by means of the obligation of the suppliers - joint-stock companies to have issued exclusively booked shares, the obligation of contracting authorities to check the real owners pursuant to the Act on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism.

2.5 The PPA is transposition of the “review” directives (89/665/EEC, 92/13/EEC, 2007/66/EU) and regulates all the provision of those directives. Shall the review procedure be commenced by the Office for the Protection of Competition, the contracting authority is obliged to provide this review body with the procurement procedure documentation. As mentioned above, PPA states the obligation of the suppliers - joint-stock companies to have issued exclusively booked shares and of contracting authorities to check the real owners of successful suppliers pursuant to the Act on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism. Conflict of interests is regulated in the PPA fully in compliance with the procurement directives. It must be mentioned that long before the “package” of procurement directives even came into force, conflict of interest was regulated by Czech laws (the former PPA stated that “the members of the evaluation committee shall not be biased in relation to the public contract and the tenderers, they shall, in particular, not engage in drawing up a tender, they shall gain neither any personal advantage nor sustain any harm with a view to the outcome of an award procedure, they shall have no personal interest in the award of the public contract and they shall have neither personal nor occupational or any other relationship of this kind with the tenderers. The member of the evaluation committee shall make a written declaration to the contracting authority in respect of his/her impartiality at the beginning of the initial session of the evaluation committee at which he/she is present for the first time.”

2.6 National Electronic Tool or any other electronic tool ensures the better monitoring of public procurement procedures. Also, the national Tenders Electronic Daily includes the tools for monitoring (the monitoring itself is a significant and important part of the IT system of national Tenders electronic Daily). Regarding the possibility of full text search in any electronic tools (including National Electronic Tool) and in the national Tenders Electronic Daily, the “Czech way” of public tenders monitoring can be considered full and absolute. The obligatory storage of procurement procedure documentation (see Art. 216 of PPA) may be also considered a tool of monitoring of the public procurement system.

2.7 YES

2.8 Electronic means of communication in the procurement procedure is obligatory (effective from the exact dates according the directives). Electronic tools, National Electronic Tool is obligatory for some contracting authorities. The PPA allows the economic operator to comply with the duty to submit a document by making a reference to relevant information kept in the public administration information system or in a similar system kept in another Member State that enables unlimited long-distance access.

2.9 National Electronic Tool can be considered a helpful tool for procurement procedures administering. The System of Certified Economic Operators and the List of Qualified Economic Operators, tools for qualification proving, can be recommended (as a tool useful both for contracting authorities and for economic operators.

DK 2.1 YES

2.2 YES

2.3 YES

2.4 The Danish Business Authority, MA for ERDF and ESF has produced eligibility rules to enhance transparency and integrity in public procurement. The rules should be seen as guidelines. The eligible projects are recommended to follow the guidelines to ensure compliance with the law, including transparency and integrity. Furthermore, the Danish Business Authority, MA for ERDF and ESF has formulated a declaration for the purpose of procurement. The eligible projects are recommended to complete the declaration in connection with each procurement to ensure compliance of the procurement process.

2.5 The managing authority for the ERDF and the ESF has an action plan that provides a foundation for the overall framework and operations in respect of the fight against fraud. The action plan will also improve the prevention and detection of fraud in public procurement. In order to improve the framework for assessing public procurement, the beneficiary must state in the project accounts to which central business registration number (CVR No) the external expenditure has been paid. A declaration has also been drawn up for use in cases of procurement involving values below the threshold values laid down in the Procurement Directive.

2.6 N/A

2.7 NO

2.8 N/A

2.9 N/A

DE 2.1 YES

2.2 YES

2.3 YES

2.4 The transposition of the three EU Directives on Public Procurement in Germany enhances transparency and integrity in public procurement, e.g. by introducing fraud as an obligatory exclusion ground in the procurement law. In addition, to make the provisions on the exclusion of bidders in the case of corruption, fraud and other offences more effective in practice and to further enhance integrity in public procurement, Germany is establishing a national register of unreliable companies. In July 2017 the law introducing a so called competition register (“Wettbewerbsregister”) entered into force. The new register will start operating after its technical set-up, at the latest in 2020. The aim of this federal register is to provide contracting authorities with the necessary information to decide whether a company which takes part in a procurement proceeding has to be excluded from the procedure because the management level of the company has been convicted for economic crimes. The law sets up a register that contains information on final criminal sentences and fines for crimes such as money laundering, fraud against the financial interests of the EU, corruption offences or tax evasion. The prosecutor’s office and other law enforcement authorities are obliged to submit to the register relevant convictions that can be attributed to a certain company. Contracting authorities are then obliged to draw information on bidders from the register before awarding a public contract. That way the register ensures that contracting authorities obtain all relevant information to assess whether a bidder should be or has to be excluded from a tender.

2.5 The contracting authorities are - according to the new provisions - expressly obliged to examine if an exclusion ground (e.g. fraud or corruption) exists before awarding a public contract. To ensure that the contracting authorities have accurate and uptodate information to assess whether a bidder should be or has to be excluded from a tender, Germany is establishing a federal register on unreliable companies (cf. answer on question 2.4). We expect the new register to have a deterring effect as well and thereby to help prevention of fraud and corruption in public procurement.

2.6 We sent the European Commission in April 2017 a monitoring report according to Article 83 of Directive 2017/24/EU.

2.7 YES

2.8 We transposed the provision on e-procurement in the EU Directive on time. In addition we introduced an obligation to use e-procurement also for public contracts below the thresholds.

2.9 The introduction of a national register on unreliable companies (cf. answer to question 2.4).

EE 2.1 YES

2.2 YES

2.3 YES

2.4 Every measure stipulated in the directives. In addition, 96% of public procurement is e-procurement, which is extremely transparent. Nevertheless, the new Public Procurement Act allows even more transparency by defining more clearly which information can be considered to be a business secret that cannot be disclosed (see § 111 (5) of the Act). https://www.riigiteataja.ee/en/eli/505092017003/consolide

2.5 Every measure stipulated in the directives. In addition, the Public Procurement Act § 9 (4) p 6 foresees that contracting authorities must provide in their procurement rules measures for prevention, identification and remedying of a conflict of interest in public procurement.

2.6 96% of public procurement is e-procurement, which is carried out through a centralized national register operated by the state. This allows excellent monitoring of public procurement, if required.

2.7 YES

2.8 96% is exceptional as it is. Further increase is curtailed by some exemptions to e-procurement stemming from legislation.

2.9 The Public Procurement Directives have been transposed on 01.09.2017. Managing Authority have produced new very detailed check-lists how to check public procurements co-financed from the structural funds.

IE 2.1 YES

2.2 YES

2.3 YES

2.4 Ireland continues to comply with the obligations constituent to the suite of public procurement Directives, including measures in order to enhance transparency and integrity in public procurement. Responsibility for compliance with the (Irish) statutory instrument lies with each contracting authority.

2.5 Ireland continues to comply with the obligations constituent to the suite of public procurement Directives, including measures in order to enhance prevention and detection of fraud and corruption in public procurement. Responsibility for compliance with the (Irish) statutory instrument lies with each contracting authority.

2.6 Ireland continues to comply with the obligations constituent to the suite of public procurement Directives, including measures in order to ensure the better monitoring of the public procurement system. Responsibility for compliance with the (Irish) statutory instrument lies with each contracting authority.

2.7 YES

2.8 Ireland is working to ensure that the associated e-procurement requirements are met by the deadlines set out in the relevant Directives.

2.9 Only those that are set out in the above paragraphs.

EL 2.1 YES

2.2 YES

2.3 YES

2.4 a. Development of risk assessment tools to identify and tackle threats to the smooth operation of the public procurement system. b. Drawing up and publishing risk management strategies. c. Information/awareness and training on integrity standards and rules of conduct.

2.5 a. Drawing up uniform control standards, integrity standards and codes of conduct for the control bodies.

2.6 a. A system for carrying out checks on public works and concessions with assessment of award criteria. b. A system for carrying out checks on supplies and services in the health sector with assessment of award criteria. c. Measures to strengthen the Public Works Inspectorate (staffing, training etc.). c. Measures to strengthen the Health and Welfare Services Inspectorate (staffing, training etc.).

2.7 NO

2.8 N/A

2.9 N/A

ES 2.1 YES

2.2 YES

2.3 NO Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and Directive 2014/24/EU of the European Parliament and of the Council on public procurement and repealing Directive 2004/18/EC, also of 26 February 2014, were transposed into Spanish law by Law 9/2017 of 8 November 2017 on Public-Sector Contracts (LCSP), which was published in the Official State Gazette on 9 November 2017. The LCSP will enter into force four months after it was published, with certain exceptions. As regards the transposition of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014, it should be noted that the draft law on procurement procedures in the water, energy, transport and postal services sectors, which transposes into Spanish law Directive 2014/25/EU (registry number 121/000003), is currently passing through the Congress of Deputies and the deadline for tabling amendments has now expired. The text of the draft law and the tabled amendments can be found on the website of the Congress of Deputies ( www.congreso.es ).

2.4 Some of the key measures in the new LCSP are listed below: 1) For the first time, the principle of integrity is expressly referred to (in Article 1), as a principle that should guide the interpretation and application of the provisions of the LCSP. 2) The new LCSP introduces new and more detailed rules concerning the profile of the contracting body. The new rules give the contracting body a key role in terms of publicising the various procedural acts and phases relating to each entity's contracts. 3) It will no longer be possible to use the negotiated procedure (currently the tendering procedure with negotiation) based on volume; this procedure will remain in place only in the circumstances provided for in the Directive. As a result, this procedure should be used less frequently, thereby improving transparency and competition. More detailed rules have also been introduced for the negotiated procedure, with a view to ensuring that - across the board - there is real negotiation of the terms of the contract to prevent this procedure from becoming something akin to a direct award. 4) The new LCSP lowers the thresholds below which contracts can be awarded directly without any sort of tender procedure (contracts of lesser value). These thresholds are lowered from EUR 50 000 to EUR 40 000 for public works contracts, and from EUR 18 000 to EUR 15 000 for supply and services contracts. 5) In-house providers must meet a greater number of requirements if awards made to them are to remain outside the scope of application of the LCSP (and contracts can therefore be awarded without a tender procedure). The aim here is to prevent improper use of in-house providers as a means of avoiding tender procedures, which undermines the principles of transparency and free competition. 6) The tender procedure has been tightened up for awarding bodies that are not public authorities. Specifically, when these bodies enter into contracts that are not subject to harmonised rules (i.e. those where the contract value is below the threshold set by EU Directives), the award procedures that apply to public authorities will also apply to them; this means it will no longer be possible for bodies that are not public authorities to approve their own internal procurement rules and for each body to decide how to run its own tender procedures. This will require significant efforts to harmonise the procurement rules that apply to public-sector bodies and an extension to those bodies of the guarantees and checks that already apply to public authorities, even when the contracts are below the thresholds set in the Directive. Furthermore, and for the first time, the new LCSP sets out rules concerning the effects and the termination of the contracts entered into by those bodies, as regards aspects such as amendments to the contracts and transfers and subcontracting. 7) Political parties, trade unions and business organisations and professional associations are included in the subjective scope of the LCSP, as are foundations and associations with links to any of the above, if they meet the criteria to be considered awarding bodies.

2.5 Some of the key measures are: 1) The new LCSP introduces a special rule on the fight against corruption and the prevention of conflicts of interest, obliging contracting bodies to take the necessary measures to combat fraud, favouritism and corruption, and to prevent, detect and effectively address any conflicts of interest that may arise in a procurement procedure. To this end, the concept of conflict of interest has been expanded. 2) Secondly, the LCSP reinforces special appeals relating to procurement procedures in two ways: a) Firstly, appeals can be brought for contracts of a lower value than was previously the case, and the thresholds are now below those set by the EU Directives. Specifically, once the LCSP enters into force, it will be possible to bring an appeal against the acts covered by the LCSP when they relate to (i) contracts for works with an estimated value of over EUR 3 000 000; (ii) supply and service contracts with an estimated value of over EUR 100 000; and (iii) concessions of works and services with an estimated value of over EUR 3 000 000. b) Secondly, appeals may be brought in a wider range of situations; for example, an appeal may be brought in the case of an award to an in-house provider when the legal requirements are not met. It will also be possible to challenge amendments to specific administrative clauses (whether or not these were set out in the tender specification), when it appears that these amendments should have been the subject of a new tender, as well as concession buy-back agreements. 3) The new law retains the extended list of offences that if committed lead to a ban on entering into public-sector contracts. This list, which was extended when the law was last amended, includes corruption involving private individuals, illegal financing of political parties, perversion of the course of justice, and involvement in negotiations and activities in which public officials may not engage. Furthermore, as regards the ban on contracting due to incompatibility or conflict of interest, the new law retains the extension to relatives in the ascending and descending lines and second-degree relatives of the person directly involved in the situation that gives rise to the ban. 4) Contract award committees have been made more professional, and are now defined as a specialist technical body. It will not be possible for public representatives (politicians) or their temporary or management staff to be members of a contract award committee, in order to ensure there is no political influence on the committee’s decisions (its work includes assessing the administrative documents, ranking the bids and proposing the award of the contract). Nor will it be possible for anyone involved in drafting technical documents relating to the contract to be a member of the contract award committee, in order to guarantee a proper separation of duties. 5) Contracting bodies are required to regularly submit information to the Court of Auditors, and they must submit contracts worth over a certain amount. In addition, the new LCSP makes it mandatory to submit an overview of all other contracts entered into, including contracts of lesser value, listed by tenderer.

2.6 The new LCSP establishes a new system of public governance geared towards combating fraud and corruption. - To this end, the LCSP establishes the Independent Office for the Regulation and Monitoring of Public Procurement (Oficina Independiente de Regulación y Supervisión de la Contratación Pública). Focusing on the area of public procurement, the Office will ensure that legislation is applied correctly, and in particular will promote competition and combat unlawful activity. It will be fully independent both in terms of its structure and its operations. - The Independent Office for the Regulation and Monitoring of Public Procurement will be responsible for approving the National Public Procurement Strategy, which will be binding on the public sector. Covering a four-year period, it will set out the measures needed to meet objectives such as combating corruption, increasing the professionalisation of those involved in public procurement, promoting economic efficiency, rolling out e-procurement, using public procurement to support environmental, social and innovation policies, and promoting the participation of SMEs in public procurement. Using the information gathered through all its monitoring activities, it will draft an annual report that will be published on the Public Procurement Platform. - The National Assessment Office (Oficina Nacional de Evaluación) will be established within the Independent Office for the Regulation and Monitoring of Public Procurement. It will be tasked with assessing the financial sustainability of contracts for concessions of works and contracts for concessions of services. - The State Advisory Board on Public Procurement (Junta Consultiva de Contratación Pública del Estado) which, as well as performing the traditional duties of the Advisory Board on Administrative Procurement, is being established as a key contact point for cooperation with the European Commission. As a result, it will take on a supervisory role, and will be responsible for submitting a report on all the awarding bodies to the European Commission every three years. This report will contain the information in the monitoring report drawn up by the Independent Office for the Regulation and Monitoring, information on the level of SME participation, details of the bodies tasked with fulfilling the obligations stemming from EU law and the obligation laid down in Article 328. - Furthermore, within the Board, a new Public Procurement Cooperation Committee (Comité de cooperación en materia de contratación pública) will be established. Representatives of the Autonomous Communities and of the largest association or federation of local authorities will be members of the Committee, which will be responsible for ensuring coordination in public procurement at all levels of the public sector (at national, Autonomous Community and local level). It will also be tasked with drafting the National Public Procurement Strategy.

2.7 YES

2.8 The new LCSP (15th additional provision) includes a general obligation to ensure that only electronic methods are used for notifications and communication at every stage of the procurement procedure, including for the submission of tenders and requests to participate.

2.9 N/A

FR 2.1 YES

2.2 YES

2.3 YES

2.4 N/A

2.5 N/A

2.6 As set out by France as an additional measure in the PIF 2016 questionnaire, the Directives have been fully transposed into national law in the following legislation: ·Order No 2015-899 of 23 July 2015 on public procurement, supplemented by two implementing decrees: Decree No 2016-360 of 25 March 2016 on public procurement and Decree No 2016-361 of 25 March 2016 on defence or security procurement, which entered into force on 1 April 2016; ·Order No 2016-65 of 29 January 2016 on concession contracts and implementing decree No 2016-86 of 1 February 2016. The Order, which entered into force on 1 April 2016, includes the provisions on tendering bans contained in the Directive (Articles 39, 40 and 42 of the Order); ·Order No 2015-899 of 23 July 2015 on public procurement and Order No 2016-65 of 29 January 2016 on concession contracts have been ratified by Law No 2016-1691 of 9 December 2016 on transparency, combating corruption and modernising economic life. The transposition of the ‘public procurement’ Directives (Directive 2014/24/EU and Directive 2014/25/EU) provided an opportunity to build on the procedures currently in place, in particular: ·by specifying that the final conviction on corruption charges of a member of an administrative, management or supervisory body of a legal person, or of a natural person who has powers of representation, decision-making or control therein, shall lead to the exclusion from public procurement procedures of that legal person, as long as the natural person is performing these functions; ·by enhancing transparency through the obligation to disclose any amendments that are made; ·by reproducing the definition of conflict of interest as set out in the European ‘public procurement’ Directives 2014/24/EU and 2014/25/EU, as well as all the measures provided for by these directives to restore normality (in particular, exclusion of persons who are subject to a conflict of interest when the situation cannot be effectively remedied by less intrusive measures). Moreover, Law No 2016-731 of 3 June 2016 enhancing the fight against organised crime, terrorism and the financing thereof, and improving effectiveness and safeguards in criminal proceedings, has introduced new tendering bans for public procurement and concession contracts for defence or security. Individuals who have been convicted by final judgement of arms trafficking under one of the offences referred to in Articles L. 222-52 to L. 222-59 of the Criminal Code (cf. Article 46 of Order No 2015-889 and Article 40 of Order No 2016-65) may no longer conclude such contracts. The Law on Ethical Conduct of 20 April 2016 has introduced the concept of ethics into the Staff Regulations of French civil servants, along with a number of provisions for combating conflicts of interest and preventing attempted fraud or corruption (provisions on declaring the interests and assets of senior civil servants, preventive measures, support measures). The issue of corruption and of the fight against it is essentially tackled through tendering bans, namely by excluding from the procedure those persons: ·who have been convicted by final judgement on corruption charges; ·who have attempted to influence the decision of a public purchaser; or ·who have caused distortion of competition. In cases where the law so provides and which relate to convictions for involvement in a criminal organisation, corruption, fraud or money laundering, and also in cases of professional misconduct or false declarations, the judge may impose a ban on taking part in public tenders. Persons who may be subject to a ban on this basis are those ‘who have, in the last five years, received a final conviction for one of the offences provided for (...) in Article 433-1 [active corruption practices and trading in influence], (...) in Article 435-2 [active corruption of EU officials and officials of Member States], (...) of the Criminal Code’. This rule stems from the public procurement directives themselves, which require a ‘final judgement’. This replicates the requirement contained in the Agreement on Government Procurement (GPA) concluded within the framework of the WTO. The fight against corruption and fraud in public procurement is also underpinned by factors that are not specific to rules governing public procurement, such as: • fast and effective redress mechanisms before the administrative court (pre-contractual interim relief in particular), with stronger powers for the judge, open to any person who may wish to contest a public-contract award decision; • services focused on the detection of corruption cases (the TRACFIN Financial Intelligence Unit and, to a lesser extent, the regional chambers of accounts) and the prosecution thereof (in particular the National Financial Prosecutor, established by Organic Law No 1115-2013 of 6 December 2013); • protection procedures for people reporting corruption, pursuant to Law No 2007-1598 of 13 November 2007 on the fight against corruption and Article 35 of Law No 1117-2013 of 6 December 2013 on the fight against tax fraud and serious economic and financial crime; the fact that a conviction for breach of probity (and in particular for corruption) may, as an additional penalty, lead to a prohibition on holding elected office, and thus the inability to participate in public procurement procedures, the exclusion of convicted businesses from public procurement, etc. Accordingly, ever since the version issued with the circular dated 29 December 2009, the ‘public procurement good practice guide’, drawn up by the Legal Affairs Department of the Economic and Finance Ministries, has contained specific recommendations on the fight against corruption. The guide reminds readers that a corruption conviction will result in a ban on taking part in tendering procedures, and also recommends that public purchasers adopt a code of practice governing the conduct of both their purchasing departments and final decision-makers. For example, it contains rules relating to bans on accepting gifts or invitations, the need to disclose connections of any kind between a public servant and a given supplier and the requirement for purchasing managers to take sufficient leave, as well as rules relating to accessing, securing and storing all documents that record communications with suppliers. This information is repeated in the ‘Handbook on Public Procurement’, which was made available online on 7 July 2015 by the Legal Affairs Department and brings together the following: the September 2014 version of the public procurement good practice guide; datasheets for the contracting authorities; tables of advertising, procedures and deadlines; and flowcharts of procedures (diagrams of the steps in the different public procurement procedures).

2.7 NO

2.8 N/A

2.9 N/A

HR 2.1 YES

2.2 YES

2.3 YES

2.4 All public procurement notices are published on a single portal - Electronic Public Procurement Classifieds (EPPC) in the Official Gazette. Since mid-2016, the bids in public procurement procedures have been submitted electronically. Also, in order to raise transparency in the EPPC, three new modules were created. From 1. January 2018, the contracting authorities and entities have the obligation to publish: - procurement plans - contracts registers - Public Consultation on Tender Documents prior to the formal commencement of the public procurement procedure.

2.5 Measures are explained under point 2.4.

2.6 Measures are explained under point 2.4. In addition, Ministry of Regional Development and EU funds as the Managing Authority for the Operational programme „Competitiveness and Cohesion“ (further in the text: MRDEUF) has developed within the Common National Rules detailed checklists for verifying public procurement procedures. Also, MRDEUF has established the network of coordinators for irregularity management and network for public procurement at the level of the operational programme, which the aim of improving the management and control systems of ESI funds in the Republic of Croatia and preventing irregularities deriving primarily from the public procurement procedures. MRDEUF in the role of Managing Authority provides the bodies in the management and control system for the Operational programme ‘Competitiveness and Cohesion’ with the advice and recommendations regarding public procurement procedures in the context of verifying that part of project activities financed from EU funds.

2.7 YES

2.8 Public procurement is electronic at the stage of: publishing notices and other procurement documents, communication, bidding, public opening of the bids and appellant procedure. Also, Electronic Public Procurement Classifieds (EPPC) is connected to the public registers (judicial and crafts register, criminal records and tax administration), which enables contracting authorities and entities to carry out verification of the selected bidder without having to seek certificates and evidence. In addition, the law on E-invoicing in public procurement is being drafted. Its entry into force is expected in 2018.

2.9 Electronic public procurement on a single platform enables the production of an annual statistical report and the availability of data that are essential for monitoring the system and taking action to correct irregularities. This statistical report includes all public procurement, above and below the EU thresholds.

IT 2.1 YES

2.2 YES

2.3 YES

2.4 Contribution of the Customs and Monopolies Agency: National law requires tendering information to be published on the Agency’s website. This information includes: • Exploratory opinions; • Decisions to contract; • Tender specifications; • Notices of exclusion; • Notices of appointment of tender committees; • Contract award notices; • Summary tables. To this end, the Customs and Monopolies Agency has issued provisions highlighting the need to ensure a prompt and regular flow of information, while requiring those in charge of spending bodies to publish on the website, in a timely manner, all documentation relating to negotiation activities. The Agency oversees the publication of the documentation in accordance with Legislative Decree No 33/2013, as amended. Contribution of the Agency for Territorial Cohesion The Agency for Territorial Cohesion has adopted acts and measures on compliance with existing administrative transparency laws. With regard to public procurement and within its areas of responsibility, the Agency for Territorial Cohesion ensures the regular publication of all acts relating to the scheduling of work, services and supplies, and public tender award procedures for services, supplies and work, as required by law.

2.5 Contribution of the Customs and Monopolies Agency: The Customs and Monopolies Agency has taken the following measures in this area: · ·instructions and guidelines, including specific operating instructions and guidelines on the requirement to use the ‘Consip’ system, on framework agreements and on the electronic market (tools to ensure greater cost-effectiveness and transparency of award procedures, pursuant to Article 26 of Law 488 of 23 December 1999 and Article 58 of Law 388/2000); ·application of automated tools to support operational activities, which can be used to harmonise behaviour and monitor procedures; ·distribution of responsibilities within offices with the definition of internal organisational staff (department/section heads) able to coordinate subgroups of homogeneous activities; ·provisions to ensure the transparency and accessibility of information relating to decisions reached by the authority at the stage when the contractor is selected, so as to allow - in accordance with recent laws on transparency - the ‘accounting and purchase’ support system to automatically collect the information that must be published every six months (pursuant to Article 23 of Legislative Decree No 33/2013) and annually (pursuant to Article 1(32) of Law No 190/2012); ·instructions aimed at ensuring that procurement procedures comply with ANAC guidelines and the provisions of Law 190/2012 (on the inclusion of a template integrity agreement in the tender documentation, to be signed by the legal representatives of economic operators in order to participate in the procurement procedure) and the Three-Yearly Corruption Prevention Plan adopted by the Agency, including by means of pre-prepared template declarations to prevent potential conflicts of interest; ·operating rules relating to the new Public Procurement Code (Legislative Decree No 50/2016) and the ANAC guidelines; ·approval of the Agency's Two-Yearly Programme of Goods and Services and the ThreeYearly Work Plan, within the meaning of Article 21 of the new Public Procurement Code; ·verification of operators’ requisite self-certifications; ·training activity for buyers at central and local level. Contribution of the Agency for Territorial Cohesion: The Agency for Territorial Cohesion has adopted a special Three-Yearly Corruption Prevention Plan (2017-2019). This Plan is the instrument laid down by Law No 190/2012 (Article 1(8)), under which the administration defined an anti-corruption strategy. This Plan first analyses the activities of the Agency and its processes, organisation and practices, in order to identify possible exposure to corruption. Based on the identification of high-risk areas, as well as cross-cutting and further prevention measures, a programme of activities has been outlined to prevent, reduce and neutralise corruption. With specific reference to the regulations on procurement, the new legislation states that: ‘The compulsory National Register of members of selection boards in tendering procedures for the award of public contracts shall be set up within the National Anti-Corruption Authority (ANAC), which shall manage and update it according to appropriately identified criteria’. In any event, the entry into force of the Register is postponed until the adoption of an ANAC Regulation governing the computerised procedures for guaranteeing a random selection, the conformity of the required professional skills, the rotation of experts, and the means of communication between the Authority, contracting authorities and tender committees, while also establishing the time limit of the transitional period from which the obligation to use the Register is triggered. The measures that have been adopted for first-level controls include administrative checks on all procedures and expenses and the presence of specific control items in the field of public procurement within the checklists aimed at assessing the functioning of the internal controls implemented by the beneficiary. The Agency for Territorial Cohesion, in compliance with the legal provisions (Decree of the General Secretary of the Prime Minister’s Office of 9.7.2014 on the procedure for reporting malpractice and irregularities. Rules for the protection of civil servants who report malpractice (whistleblowers)) and taking into account the ‘Guidelines for the protection of civil servants who report malpractice (whistleblowers)’ issued by the ANAC in Decision No 6 of 28 April 2015, also has a form dedicated to so-called whistleblowing, for the reporting of alleged malpractice by employees. Contribution by the Guardia di Finanza (Finance Police): The Guardia di Finanza, with the help of EU funds, has set up an IT platform to conduct targeted risk analyses in this area, with the aim of improving the system for tackling fraud and other offences committed against the public authorities in the field of public procurement. Once it is operational, this application (named ‘Mo.Co.P’ or ‘Monitoraggio Contratti Pubblici’ - monitoring of public contracts), which is currently being tested, will be used by Guardia di Finanza units operating in the regions covered by the ‘convergence’ objective of the EU’s 2007-2013 financial programme.

2.6 Contribution of the Customs and Monopolies Agency: The Three-Yearly Corruption Prevention Plan adopted by the Customs and Monopolies Agency addresses the requirement to monitor relationships between the authorities and taxable persons that enter into contracts with them or who are involved in procedures for the authorisation, granting or disbursement of economic benefits of any kind, while verifying any family or affinity relationships between the owners, directors, partners and employees of the same taxable persons and the managers and employees of the authorities. Provisions have therefore been taken to ensure that all those involved in the procedure in any capacity (from preparing the tender documentation, through taking part in the awarding committee, to testing and verifying the proper implementation of the contract) make the appropriate certifying declarations pursuant to Article 46 of Presidential Decree No 445/2000, whereby they declare that they have no marital, cohabitation, family or affinity relationship up to the second degree with the owners, directors, partners or employees of companies that may be interested taking part in the tender (in the first phase of the procedure) or companies that compete in or win the tender (in subsequent phases) and that, in the last two years, they have not entered into any private contracts with the same companies, except those concluded within the meaning of Article 1342 of the Civil Code. Moreover, pursuant to Article 46 of Presidential Decree No 445/2000, before executing the contract the appropriate certifying statements must be signed by the legal representative of the winning company, declaring that: ·its employees, consultants or associates do not include any persons already employed in any capacity by the Customs and Monopolies Agency who, having left service less than three years previously, exercised authoritative or negotiating powers in the last three years of service (pursuant to Article 35-ter of Legislative Decree 165/2001); ·there are no marital, cohabitation, family or affinity relationships up to the second degree with managers or holders of positions of responsibility within the Agency. The Agency carries out spot checks based on these statements, cross-checking with the available databases. Contribution of the Agency for Territorial Cohesion: The Agency for Territorial Cohesion recently entered into a Memorandum of Understanding with ANAC, for the ‘identification of corruption risk indicators and indicators for preventing and combating corruption in public administrations’. The Memorandum, which was entered into together with other authorities, aims to: ·promote the implementation of the project entitled ‘Identification of corruption risk indicators and indicators for preventing and combating corruption in public administrations’, which covers the following: ocooperation in carrying out the activities envisaged by the project and, in particular, the creation and supply of the databases designed to allow indicators to be calculated; oparticipation in the definition of the relevant indicators, at the stages when they are identified, evaluated, tested and monitored, as set out in the project proposal; ·Guaranteeing the production and publication of statistical data and indicators on the corruption risk and on measures to prevent and combat it, based on structured information reports provided beforehand by the signatory authorities and by other institutions and organisations that may eventually sign the Memorandum. The activities must be carried out so as to ensure, even after the completion of the project implementing them for the first time, the periodic updating of the information forming the basis of the system of indicators identified, which must be provided with data automatically and regularly, as far as possible, in order to guarantee its economic and organisational sustainability over time. ·Supporting the development of further relevant areas of cooperation that the parties will be able to identify during the implementation of the project.

2.7 YES

2.8 Department for European Policies (PCM): Italy is developing a national plan for e-procurement that provides for the full implementation of EU law on e-procurement and the strengthening of the use of eprocurement tools. Contribution of the Customs and Monopolies Agency: Provisions (Decree-Law No 95 of 2012) have been issued laying down a requirement for public authorities to carry out procurement by means of the arrangements referred to in Article 26(1) of Law No 488/1999 or the other e-procurement tools made available by the central purchasing body (Consip) and regional purchasing bodies.

2.9 N/A

CY 2.1 YES

2.2 YES

2.3 YES

2.4 Our e-procurement system has been upgraded so when tenders are submitted electronically, upon opening, a Table is automatically filled in with details of the name of the participating tenderers and their prices. The table is automatically published and available to all system users.

2.5 - Electronic submission for contracts above the EU thresholds has been made compulsory as from 2015 and in the current year this will also apply for contracts below EU thresholds. This measure reduces the risk of any possible fraudulent actions occurring during the opening of the tenders. - All competitions (for below and above the EU thresholds) are published on the system and the relevant tender documents are uploaded in the e-procurement system so all interested economic operators can download them, free of charge, and can submit their questions thereon. All clarifications and addenda are also published. Trainings were organised to enhance prevention and detection of fraud and corruption in Public procurement.

2.6 A single procurement portal is used where all competitions are published (above and below EU thresholds) and at the same time all procurement information (tender documents, addendums, clarifications, submissions, awards etc) is concentrated in one place, facilitating access to all stakeholders including the Auditor General, the Attorney General and the Accountant General as the Competent Authority for Public Procurement in Cyprus. For procurements undertaken in the concept of co-financed projects, the Public Procurement Directorate (PPD) is involved in the certification of the procurement procedure undertaken for all procurements above EU thresholds. The certification covers the tender documents used, the addenda issued, the contract assignment and an assessment of need for negotiated procedures. For procurements below the EU thresholds, the PPD has drafted self-assessment checklists to be filled in by all contracting authorities. Contracts below the thresholds are then verified on a sample basis by Intermediate Bodies involved in the management of the Funds using special checklists drafted by the PPD.

2.7 YES

2.8 Please see responses above (2.4 – 2.6). Additionally, e-catalogues have been set up through the e procurement system.

2.9 Framework Agreements of various commonly used items are carried out centrally based on which contracting authorities/entities do their purchases. A parameter, among others, that has rendered this practice necessary, possible and successful is the small size of Cyprus, as many contracting authorities are small and lack resources and expertise to conduct their own competitions. Through these agreements, those small sized contracting authorities which do not have the necessary capacity and expertise are benefited by concentrated volumes and expertise and at the same time the larger contracting authorities/entities utilise their resources on the tendering procedures necessary to cover more specific needs.

LV 2.1 YES

2.2 YES

2.3 YES

2.4 ·All procurement notices are published on one website - Procurement Monitoring Bureau’s website. Also in future all procurement documents will be available on one website – Electronic procurement system’s website. ·From October 1, 2017 gradual transition to electronic submission of applications and tenders. ·Conditions for on exclusion of candidate or tenderer can be check by contracting authority on on-line database. ·All contracts exceeding the EU thresholds must be published on the website of the contracting authority. However, if the contract is below EU thresholds it is mandatory to publish information on type of the contract (public works, goods or services), date of entering into the contract and validity period, subject-matter of the contract, supplier and contract price. ·It is mandatory to publish information on planned public procurements on Electronic Procurement System’s website within a month after the annual budget is approved. ·Contracting authority is required to document each stage of the procurement procedure and publish report on contracting authority's web page. Report shows the progress of the procurement procedure. Also notice must be prepared for each procurement after taking of a decision on the results of procedure and issued within three days after it is required.

2.5 ·In new Public procurement law we have widened meaning of conflict of interests. We have included requirement that contracting authority exclude a candidate or tenderer from participation in a procurement procedure if person that drafted public procurement documentation is connected with candidate or tenderer. ·Procurement Monitoring Bureau is entitled to impose administrative penalties for those members of the procurement committee who fails to respect a conflict of interest. It is mandatory to establish a procurement committee, which consists of at least three members and if the estimated contract price of a procurement is exceeds 1 000 000 euro - at least five members. Also all members of procurement committee are public officials and must submit declarations to State Revenue Service and then if necessary State Revenue Service, Corruption Prevention and Combatting Bureau of Latvia and State Police can check these declarations.

2.6 Procurement Monitoring Bureau compiles statistics from contracting authorities announcements of the procurement. As well as contracting authority is required to submit statistical surveys to the Procurement Monitoring Bureau. Transition to e-procurement system will give opportunity to have more detailed information on statistics.

2.7 YES

2.8 The contracting authority foresees electronic submission of applications and tenders: - From October 1, 2017 to procurement procedures whose estimated contract price is above EU threshold; - From April 1, 2018 to procurement procedures whose estimated contract price is below EU threshold; - From January 1, 2019 to all procurement procedures. Contracting authority in e-procurement system can check the conditions for exclusion of candidate or tenderer directly from on-line databases, but only if candidate or tenderer is registered in Latvia. In addition, we are working on implementing e-invoicing in our legal system.

2.9 Contracting authority using on-line databases can obtain electronic reference on conditions for exclusion of candidate or tenderer. This and ESPD reduces administrative burden to contracting authority.

LT 2.1 YES

2.2 YES

2.3 YES

2.4 Besides the EU-wide publication of notices, the contracting authority shall publish the notices in the Central Information System of Public Procurement (CISPP). In addition, the notices may be published on the Internet website of the contracting authority and in other publications as well as elsewhere on the Internet. According to the Law on Public Procurement of the Republic of Lithuania and the Law on Procurement by Entities operating in the Water, Energy, Transport or Postal Services Sectors of the Republic of Lithuania, the contracting authorities also have to publicize information about the planned public procurements, as well as tenders of the successful tenderers (except confidential information), contracts awarded and amendments of the contracts in the CISPP. It should be noted that the CISPP provides electronic means for conducting public procurement procedures electronically. Contracting authorities are obliged to carry out all procedures electronically (except very limited cases listed in the Law). Contracting authorities can publicize the drafts of technical specifications in the CISPP. The tenderers can submit the encoded tenders via the CISPP. The tenderers shall submit the codes for encoding their tenders just in time when the time limit set for submission of them expires. The candidates have the right to get familiarised with the winning tender or his request to participate, except confidential information. Contracting authorities can invite observers from other state and municipalities institutions to participate in the meetings of Public Procurement Commission. The mentioned measures bring more transparency to public procurement.

2.5 National law transposes the requirements of the Directives, and establishes the “blacklisting” of suppliers that fail to present information on the compliance with the requirements set in tender documents or present fraudulent information. Other measures to enhance prevention and detection of fraud and corruption in public procurement, are: ·establishing an obligation to sign an impartiality pledge and confidentiality declaration and foreseeing the means in case of possible conflict of interest: Public Procurement Law, Art. 21, establishes that in order to prevent conflicts of interests, each employee of the contracting authority or a subject that conducts ancillary purchasing activities, member of the Procurement Commission, procurement expert, observer that participates in procurement procedure or can influence its outcomes must sign the confidentiality and impartiality declarations before they start performing the assigned functions in the procurement. ·In case the contracting authority receives information that any of the above-mentioned subjects may be in a situation of conflict of interests and did not abstain from decision making or observing the procedures, the head of contracting authority or another authorized person halts the subject’s performance and investigates the subject’s activities. If the investigation shows that the situation of conflict of interests indeed exists, contracting authority excludes that subject from further participation in decision making or observation of procedures and evaluates if there is a ground for supplier’s exclusion, as it is established in PPL Art. 46 (4)(2) (the supplier is excluded if it appears in a situation of conflict of interests and the situation can’t be rectified. The situation is regarded as such if subjects in a conflict of interest had influence on Commission’s or contracting authority’s decisions and changing those decisions would be contrary to the requirements of PPL). If it is the observer that happens to be in a conflict of interests, contracting authority also must inform the institution/organization that authorized the observer’s participation in the procedures about the decisions regarding him/her; ·establishing a wider spectrum of persons obliged to declare their interests: the Law on the Adjustment of Public and Private Interests in Public Service, Art. 4, requires that members of the Procurement Commission, procurement experts and experts, participating in the procedure, would present a declaration on their private and public interests which entails such information as concluded contracts, participation in associations, etc. (there was no such obligation before as far public procurement officials are concerned); ·educating public procurement experts on the subject matter: Public Procurement Office has prepared Guidelines on Ethical Conduct in Public Procurement and Guidelines on ethical conduct in contracting authority (both are available only in Lithuanian). As far as inter-institutional co-operation is concerned, Public Procurement Office had signed two important agreements regarding the detection of fraud and corruption in public procurement: ·a tripartite agreement with Competition Council and Special Investigation Service (February 2017) which creates a basis for supply of expertise and technical assistance, allows exchange of information needed for ongoing investigations on corruption, public procurement infringements and conclusion of agreements aimed at distortion of competition, and raising the level of professionalism of each entities employees; ·an agreement between 7 institutions (April 2017) regarding cooperation on disclosure of foreign bribery when concluding international business transactions. The list of institutions includes Special Investigation Service, General Prosecutor‘s Office, Financial Crime Investigation Service, State Tax Inspectorate, Customs Department, Police Department.

2.6 Lithuania is often admired for a proper collection of wide spectrum of data through the procedural reports and annual reports on public procurement. This data is systematized, aiming at making information-based decisions and policies. Public Procurement Office prepares quarterly and annual reports and analyses of specific sectors of public procurement (the risky ones such as construction, road building, IT). All the statistical data and reports are publicly available on the PPO Internet site http://vpt.lrv.lt/lt/statistika-ir-analize (available only in Lithuanian). PPO also administers the Public Procurement Risk Management Information System which accumulates and processes information on procurement, covering both data stored in CPP IS and information from other sources such as complaints, notices, media information, information from the Control Division and Prevention and Public Contract Supervision Division, information from other PPO divisions, information from the Commission for Complaints Resolution (established in PPO, in order to “filter” the complaints that should be further handled by the Control Division). This information is a basis for rating contracting entities according to their risk levels and indicating the behavioural patterns of certain contracting entities or in certain sectors/types of procurement.

2.7 YES

2.8 A state-developed e-procurement tool – Central Public Procurement Information System – entails a full process of the procurement (notifications on public procurement procedures, communication during the procedure, submitting tenders, submitting procedural reports) and submitting annual reports. There is a possibility to sign the tenders electronically, to encrypt the tenders and trace actions in audit sequence, also opening the tenders becomes technically possible only after the term for submitting tenders ends. Annual procurement plans are also publicized in the CPP IS. The use of CPP IS is mandatory (except some cases for low value procurement), no tools developed by private entities are allowed, therefore ensuring transparency, gathering data and conducting analysis of that data for detecting fraud and corruption, also conducting overall monitoring, is much easier.

2.9 Yes. The majority of the public data that is accumulated in the CPP IS is made open to any natural or legal person by converting it into user-friendly format at www.freedata/lt.vpt This allows multiple-angle analysis of the procurement data, creating a basis for information-based actions and policies and making detection on irregularities easier.

LU 2.1, 2.2, 2.3 The directives 2014/24 and 2014/25 are transposed by means of a Law and a technical regulation, which have not yet come into force. The Law has been adopted by the Parliament (Chambre des Députés) on March 18th. The technical regulations are now ready to be published. The Law and the technical regulations still have to be published into the Official Journal, in order to enter into force (three days following their publication). The related steps are being processed. The publication of the new provisions is expected in April 2018. The directive 2014/23 is transposed by means of a Law and a technical regulation which have not yet come into force. Although some progress has been made in 2017, the parliamentary works are on hold. The Council of State is expected to publish a further opinion in March 2018. The adoption of the new provisions are expected in April 2018 (meaning that they could come into force in May 2018).

2.4 National rules on public procurement apply to below-the-threshold public procurement. In the new legislation, provisions from the directives 2014/24 on conflicts of interests (among others) will apply to below-the-threshold public procurement. It will be the same for the legislation on concessions transposing the directive 2014/23

2.5 Mandatory training of civil servants at the very beginning of their career (INAP). In the new legislation, provisions from the directives 2014/24 on exclusion grounds and cancellation of the contracts (among others) will apply to below-the-threshold public procurement.

2.6 The provisions of the 2014/24 and 2014/25 directives on 'Governance' will be fully transposed in the new legislation.

2.7 YES

2.8 By actions like training and raising awareness the use of eProcurement in the pre-award phases has been substantially increased. For instance eAccess to tender documents and eCommunication during the procurement procedure are widely used. For the moment further efforts are underway to increase eTendering which will be mandatory for all procurement above the European threshold from October 2018 on.

2.9 N/A

HU 2.1 YES

2.2 YES

2.3 YES

2.4 Act CXLIII of 2015 on public procurement (hereinafter: the Public Procurement Act), which entered into force on 1 November 2015, provides for several measures to prevent public procurement-related corruption and to enhance transparency. Some measures of the Public Procurement Act were further tightened by the amendment of the Public Procurement Act adopted at the end of 2016 which entered into force on 1 January 2017. Key measures of the Public Procurement Act as entered into force on 1 November 2015 are the following: - The scope of applicability of the so-called ‘small value’ procedures was reduced where a public procurement procedure can be carried out without a contract notice, with or without negotiations within the discretion of the contracting entity, in procedures of the smallest value of the procedural order below the EU threshold: - In the case of the purchase of goods and the order of services, the threshold of the applicability of this procedure by contracting entities was reduced from the former HUF 25 million (~ EUR 80 000) to HUF 18 million (~EUR 60 000), while in the case of works it was reduced from the former HUF 150 million (~EUR 480 000) to HUF 100 million (~EUR 320 000). This equalled to a 28 % reduction for the purchase of goods and the order of services and a 33 % one for works, amounting to a significant limitation to the applicability of the procedures. This rule was further strengthened by the amendment of the Public Procurement Act which entered into force on 1 January 2017 (see below) - This procedure may not be applied if the purchase is financed from EU funds and relates to a project crossing the borders of Hungary. Otherwise the rules of the new Public Procurement Act require at least 4 tenderers instead of the 3 under previous rules to call to propose in such procedures. - Contracting entities have to publish more data in the Public Procurement Database, e.g., they have to publish a summary of the evaluation of the submitted tenders or applications for participation by the contracting entity and of the method according to which it granted the contract. Under the Act, a failure to publish public data may result in a legal remedy procedure against contracting entities by the President of the Public Procurement Authority. - Conflict of interest rules were extended: organisations owned by public law dignitaries, the heads of certain national bodies and their family members living with them in the same household may not participate in public procurement procedures as tenderers. This is among the strictest conflict of interest rules in Europe, well exceeding the rigour of the relevant EU Directives. - Grounds of exclusion, that is, circumstances which give rise to the exclusion of an operator from public procurement procedures were extended. The new Public Procurement Act provides for fair competition and public procurement more efficiently due to the extension of grounds of exclusion, including when the tenderer committed a crime of agreement restricting competition in a public procurement procedure (e.g. cartel practices) within 5 years preceding the procedure. - As regards negotiated procedures of extraordinary urgency without a notice, the Public Procurement Authority has to take a decision about the existence of the legal base with a detailed reasoning and it has to publish this decision on its website. This rule was further strengthened by the amendment of the Public Procurement Act which entered into force on 1 January 2017 (see below) - A so-called normative fitness was introduced, significantly facilitating the participation of tenderers, especially SMEs in public procurement procedures. Accordingly, tenderers may be requested to submit a reference certificate with an amount of maximum 75 % of the estimated value of the public procurement procedure, and the fitness certificate relating to the whole price revenue may be maximum 100 % of the value of the public procurement for a total of 3 years. This rule was further strengthened by the amendment of the Public Procurement Act which entered into force on 1 January 2017 (see below) - Reduction in legal remedy fees - fees of legal remedy procedures of the Public Procurement Arbitration Board were reduced by 50 %. - A novel provision was introduced on a detailed audit of the performance and amendment of contracts by the Public Procurement Authority: such audits may be performed on the contracting entity and the tenderer as well. The Public Procurement Authority reports about the success of such audits on its website, too. If the Authority identifies infringements as a result of the audits, it may initiate a procedure by the Public Procurement Arbitration Board which may impose a penalty as well. Infringements other than those of the public procurement law may be referred to the court by the Public Procurement Authority. - The carrying-out of public procurement procedures of high value funded by the EU (exceeding the EU threshold for goods purchase and the order of services [ca. HUF 60 million], and exceeding HUF 500 million for works) is subject to the involvement of experts with guaranteed higher education qualifications who have up-to-date professional skills, experience and liability insurance, that is, the so-called responsible accredited public procurement advisors, which also contributes to transparency and the prevention of fraud. Organisational units auditing public procurements of the Prime Minister’s Office cooperate with the Hungarian Competition Authority in detecting competition law infringements and cartel practices. Such cooperation is also provided for in the rules of the new Public Procurement Act. Key measures of the amended Act as entered into force on 1 January 2017 are the following: - Introduction of electronic public procurement through the development and installation of a central system: the application of the system is optional from 1 January 2018 and is obligatory for all public procurement procedures from 15 April 2018; centralised public procurement has been subject to e-public procurement since 1 February 2017. - In the case of the purchase of goods and the order of services, the threshold of the obligatory internet publication of procedures was reduced from the former HUF 18 million to HUF 15 million; anyone may apply to these. Simultaneously, the applicability of the ‘small value’ procedures was terminated for the purchase of goods and the order of services. - For works, the ‘small value’ procedure is applicable under the estimated value of HUF 300 million, based on the Austrian example but subject to stricter rules. All documents of such procedures shall be published on the internet and five tenderers have to be called to propose the person of whom has to be changed in such procedures. Rules of negotiated procedures without a notice were reinforced: - In all negotiated procedures without a notice, the Public Procurement Authority shall take a reasoned decision with regard to the legal base publishing it on its website. All documents of the procedures, including data of operators called to propose, shall be published on the internet, thus making such procedures more transparent than ever before (the reason the contracting entity concluded a contract, its subject and the other party). - With regard to negotiated procedures without a notice referring to exclusive rights or technical specificities, the Act requires the publication of a prior transparency notice, too. - The amended Act reinforced the liability of undertakings, too: a new ground of exclusion was introduced. If the Public Procurement Arbitration Board identifies an infringement of the public procurement rules governing the performance stage of the contract, the operator affected shall be excluded from public procurements for 90 days. - Rules of normative fitness were reinforced, too, so the amendment further clarified and tightened the rule by providing that the submission of a fitness certificate of a maximum of 75 % of the value of the public procurement may be required with regard to the price revenue from the subject of the public procurement.

2.5 Based on a cooperation agreement concluded with the Hungarian Competition Authority (hereinafter HCA), organisational units auditing public procurements of the Prime Minister’s Office continuously check eventual infringements of the competition law during their public procurement audit work. The investigation of suspected public procurement law infringements and behaviours restricting competition includes the checking of risk factors which are identified as corruption risk factors (red flags). Identified infringements are signalled to the HCA by the Prime Minister’s Office, which sends data obtained from the auditing of the public procurement concerned (except for classified data) in the form of a market signal. There is a continuous information flow between the Prime Minister’s Office and the HCA. Such market information generally facilitates the exploratory work of the HCA apart from identifying specific cartel practices. To date, the Prime Minister’s Office sent market signals in 33 cases to HCA. The above measures also allow for the eventual identification of crimes, apart from that of the infringement of public procurement law, competition law, etc. Under Article 420 of the Hungarian Criminal Code (Act C of 2012), the conclusion of an agreement restricting competition in public procurement and concession procedures qualifies as a crime. The new the Public Procurement Act establishes a ground of exclusion with regard to operators committing such a crime. As regards the enforcement of rights, we have to highlight that the Public Procurement Authority has to audit the amendment and performance of contracts concluded as a result of public procurement procedures as a new task conferred upon it by the new Public Procurement Act If the Authority identifies infringements as a result of the audits, it may initiate a procedure by the Public Procurement Arbitration Board which may impose a penalty as well. Infringements other than those of the public procurement law may be referred to the court by the Public Procurement Authority, which can initiate penal proceedings, too. In 2016, the Public Procurement Authority submitted a total of 13 criminal complaints and 2 reports (information) to the investigative group of offshore cases of the National Investigation Bureau of the Emergency Police. According to the Criminal Code, the suspected committing of the following crimes may give rise to complaints or reports: • usage of a false private deed (Article 345 of the Criminal Code) • fraud (Article 373 of the Criminal Code): the complaint was based on the committing of fraud but such cases were referred to the National Tax and Customs Administration, where the facts were re-qualified as budgetary fraud (Article 396 of the Criminal Code) • failure to comply with the obligation to provide economic data (Article 409 of the Criminal Code) With regard to public procurements funded by the EU, we also have to stress that the managing authorities apply the ARACHNE data mining tool for risk assessment operated by the European Commission when auditing the use of the European Structural and Investment Funds, which facilitates their work by analysing and signalling risks emerging during the carrying-out of operational programmes. The system compiles a comprehensive database from the data of projects financed from the Structural Funds, complements it with further external public data and then, using 102 indicators, it tries to detect projects, beneficiaries, contracts or contracting parties where there is an increased risk of fraud, conflict of interest or irregularity.

2.6 In order to verify the use of support from EU funds, Hungary operates an extensive institutional audit system. The operation of the organisational unit examining public procurements of large value of the audit system was classified into the second best category from among the four possible ones during the audits of the European Commission in recent years. (We have to note that the Commission very rarely awards the first category to Member State’s bodies.) Accordingly, the audit system is operative and requires some improvements only. Findings and recommendations on the development of the audit practice by Commission audits are always considered and translated into practice as fully as possible by the auditing organisational system. Goods purchases and orders of services reaching EU thresholds as well as works reaching or exceeding the amount of HUF 300 million undergo an ex-ante multi-stage audit system which is embedded in the process. First a technical-professional and accountability audit is carried out and if the audit body finds the concerned procedure eligible according to such criteria, the embedded audit of public procurement law compliance follows. This embedded audit has several stages. Calls undergo a preliminary audit, that is, the public procurement call for proposals is checked for any elements restricting or limiting/distorting competition, then the audit body continuously monitors the regularity of the procedure. The embedded audit of such procedures is carried out by the Public Procurement Supervision Department of the Prime Minister’s Office (hereinafter: PPSD). For goods purchases and orders of services under the EU threshold and for works under the value of HUF 300 million, there is an ex post audit during which technical-professional, accountability and public procurement law compliance audit is performed following the procedure. If any infringement is detected as a result of the audits, irregularity proceedings may be brought or, in the case of non-repairable infringements, legal remedy proceedings may be initiated before the Public Procurement Arbitration Board. Based on the ex-ante audits, no EU funds may be paid in irregular procedures; while ex-post audits may give rise to the order of the reimbursement of EU funds, that is, to the so-called correction. In a publication by the European Commission entitled ‘E-library of good practices in public procurement in the context of European Structural and Investment (ESI) Funds’ (http://ec.europa.eu/regional_policy/fr/policy/how/improving-investment/public-procurement/e-library), Hungary is listed as a good example of countries applying good practice in the obligatory audit of public procurement: http://ec.europa.eu/regional_policy/sources/good_practices/GP_fiche_14.pdf Negotiated procedures without a notice undergo a double audit: apart from the institutional system established for the auditing of the use of support, these are also audited by the Public Procurement Authority. In all procedures, the Public Procurement Authority takes a reasoned decision with regard to the legal base publishing it on its website. If the Authority is not able to ascertain the existence of the legal base without doubt, it initiates legal remedy proceedings before the Public Procurement Arbitration Board and requests to impose a fine. Furthermore, all documents of the procedures, including data of operators called to propose, are published on the internet, thus making such procedures more transparent (the reason the contracting entity concluded a contract, its subject and the other party). Besides, we highlight that it is not only public procurement procedures affected by EU funds that are audited; public procurements funded from domestic sources of budgetary bodies and institutions managed or supervised by the Government, legal entities in the majority ownership of the State, public foundations of the Government and public foundations managed or founded by these also undergo a public procurement law compliance audit. The practice of the audit body is coordinated with the practice of bodies auditing EU-funded public procurements.

2.7 YES

2.8 In order to comply with the Directives, Hungary, as all Member States, has to ensure e-communication in all Hungarian public procurement procedures which it wishes to implement through the introduction of the central single electronic public procurement system of the State. In line with the Act on public procurement, the application of the electronic public procurement system (hereinafter: EPPS system) operated by the Prime Minister’s Office in public procurement and concession purchase procedures is optional within the discretion of the contracting entity from 1 January 2018 and is obligatory from 15 April 2018. Detailed rules of the EPPS system are set forth in Government Decree No 424/2017 of 19 December 2017 on the detailed rules of electronic public procurement. The priority aim of establishing and applying the EPPS system is to enhance the transparency of public procurement procedures, to carry out the procedures more quickly, to perform procedural acts more simply, to reduce the administrative burden, to link certain databases and to support the auditing of public procurement procedures. In the EPPS system, all procedural acts can be precisely documented and all public procurement documents relevant for the specific procedure are directly available from a single location, thus facilitating the monitoring of Hungarian public procurement and also making the assessment of the impact of market changes and legislative amendments on public procurement possible. This change makes electronic communication obligatory in public procurement procedures since the Act provides an exhaustive list of cases where derogation from electronic contact is possible, based on the provisions of the Directive. The introduction of this system is accompanied with several changes reducing the administrative burden, e.g., - formerly the contracting entity was obliged to send public procurement related documents upon the request of the Public Procurement Authority or another body authorised thereto by law, while in the future the Public Procurement Authority, the Hungarian Competition Authority and other bodies authorised to audit the procedure concerned by law may access documents of the public procurement procedure in the EPPS system; - the Public Procurement Authority shall continue to have a right to access the documentation electronically during the legal remedy procedure; - the tenderers do not have to attach certificates which have already been submitted in a former electronic procedure to the contracting entity concerned; - certain declaration obligations (e.g., SME declaration) are lifted since the operators may enter the relevant data during the registration; - data are automatically broken down by the EPPS system on the day of the expiry of the tendering or that of the application deadline and a breakdown report is also generated automatically; - public procurement documents are directly available electronically in the system and operators may express their interest with a simple click; - simplification of compiling the tender is served by e-forms made available to make certain declarations in the system. Electronic communication also contributes to quicker procedures since EU Directives allow for the shortening of tendering deadlines by introducing electronic communication. Besides, electronic communication is expected to reinforce the integrity and transparency of the procedures by the legislator. The IT system for carrying out the procedures ensures the integrity of the tenders until their submission and provides for a logging of certain procedural acts which can be traced back later. Parallel to the EPPS system, the Public Procurement and Supply Directorate-General operates a centralised public procurement portal.

2.9 N/A

MT 2.1 YES The transposition of the three new directives is now complete and have been duly published on 28th October 2016. This Directive was transposed to LN 353/2016.

2.2 YES The transposition of the three new directives is now complete and have been duly published on 28th October 2016. This Directive was transposed to LN 352/2016.

2.3 YES The transposition of the three new directives is now complete and have been duly published on 28th October 2016. This Directive was transposed to LN 351/2016.

2.4 The Department of Contracts identified the following as some of the measures adopted by the Department: • Decreased the local threshold vis-a-vis Call for Quotations to Euro 5,000 excl. VAT and imposed an obligatory use of government’s e-procurement platform known as ePPS (Electronic Public Procurement System) for procurement having an estimated value which is equal or above this threshold. • The appeals are now applicable for quotations/tenders estimated equal to or above €5,000 (as opposed to Euro 12,000 excl. VAT as per previous legislation). All objections are to be lodged with the Public Contracts Review Board (PCRB). The timeframe for objections is set at ten (10) calendar days. • Introduced Ministerial Procurement Units (MPUs) to supervise procurement at Contracting Authority level. A “Ministerial Procurement Unit” means an entity that is established under each Ministry which processes, publishes, administers and recommends the award of a call for tenders published under the open procedure, where the estimated value of a call for tenders exceeds ten thousand euro (€10,000) but does not exceed two hundred and fifty thousand euro (€250,000). Both thresholds are net of VAT. This decentralisation is effected upon the issue of the necessary approval by the Ministry for Finance. There shall be in each Ministry a Ministerial Procurement Unit (for the time being, only in specific Ministries) which shall fall under the office of the Permanent Secretary responsible for that Ministry, or under another person in an equivalent post, being so delegated by the Minister responsible for that Ministry. • The first MPU was established in the Ministry for Education and Employment (MEDE). A unit was set up and training was delivered to the personnel recruited accordingly. This was the initiation of a pilot project and eventually the following Ministries were also included under Schedule 16 ofLN352/2016: o Ministry for Education and Employment (MEDE) o Ministry for Justice, Culture and Local Government (MJCL) o Ministry for the Family and Social Solidarity (MFSS) o Ministry for Home Affairs and National Security (MHAS) o Ministry for Gozo (MGOZ) o Ministry for the Environment, Sustainable Development and Climate Change (MESDC) In the fullness of time, all Ministries will have an MPU. • Introduced new public procurement law/guidelines for 68 Local Councils: Together with the Directorate for Local Government, a set of Guidelines were discussed and drafted/published. Eventually all procurers within this sphere shall undergo training accordingly. • A major change in the tender templates used throughout Government (to enhance integrity) is the ESPD. The ESPD is a reusable generic document which shall be used across all EU Member States. This means that the questions in the ESPD cannot be amended. Instead, Contracting Authorities must set out the specific requirements related to selection criteria, including relevant exclusion/blacklisting grounds as established under part VI of the Public Procurement Regulations and any other minimum standards relevant for the procurement exercise as established, in the procurement documents. Economic Operators now submit a completed ESPD in response to the requirements established in the procurement documents. The Economic Operator, subcontractor or other parties may rely on their ESPD response as a self-declaration that they have not breached any of the exclusion grounds. If an Economic Operator is in a situation which might result in its exclusion, it may provide evidence to show that it has taken appropriate remedial action to demonstrate its reliability. This is known as ‘self-cleaning’. In such cases the Economic Operator must not be excluded from the procurement procedure on such exclusion grounds. A word document of the ESPD, for completion by Economic Operators, may be retrieved through the official Government’s e-Procurement website; that is, the Government’s e- Procurement Platform (available from www.etenders.gov.mt/Resources). The items within the sections/parts therein are also numbered for ease of reference. Training is also delivered by the department both for the Contracting Authorities and the Economic Operators.

2.5 The new regulations essentially consolidated important procurement measures to increase effectiveness, transparency and accountability. These are the key elements that help to build trust and confidence in public procurement and permit that citizens recognize how taxpayers’ money is administered. Streamlining of the procurement process has shown that such key elements in the long term will result in lower costs, greater innovation, as well as strong and profitable markets all delivering better value for the taxpayer. The transition to e-procurement across Government was a vital step in preparation for the entry into force of the new Public Procurement Regulations. The new rules cover the use of electronic communications, including the use of two important electronic tools, mainly, Electronic Auctions (e-auctions) and the Dynamic Purchasing System (DPS). It is widely agreed that electronic communication can help reduce fraud and corruption by encouraging access to procurement opportunities to all stakeholders, facilitate compliance with the rules, and promote traceability, transparency and accountability in the procurement process. The changes envisaged in the new Public Procurement Regulations enable Contracting Authorities to procure goods, services and works faster, through reduced time limits, with less bureaucracy, and with a greater focus to secure best value for public money in line with good governance practices. Concurrent to the new Regulations, new procurement document templates (including one for departmental tenders), together with a comprehensive Manual of Procedures (MoP) and the customary .xml template structure for all Calls for Tender (CfT), have been prepared. These are accessible through the eGovernment Procurement Platform (ePPS) under the Resources section, which portal (www.etenders.sov.mt) is the official procurement platform for Government.

2.6 The new regulations have brought about a further regulatory and monitoring role of the Department of Contracts. This Junction is mainly coordinated through the Compliance and Monitoring Unit (CMU), forming part of the Policy Development and Programme Implementation Directorate, within the Department of Contracts. The CMU was set up to further ensure good governance and better monitoring of public procurement. The Unit is construed to investigate complaints raised by Contracting Authorities, Economic Operators and the public in general (citizen complaints), in respect of all Government procurement procedures. Subsequent actions involve the drawing up of related reports including recommendations for the best timely solutions. Reports are directly addressed to the Director of Contracts, who in turn may decide to raise issue at Permanent Secretary’s level. At times salient issues were even raised up to Principal Permanent Secretary ’s level. The Compliance and Monitoring Unit is responsible for gathering all available information, which ultimately will facilitate in determining whether or not a Contracting Authority is in compliance to the Public Procurement Regulations, especially when the drawing up and publishing of the tender document was at departmental level. It is the general rule that such pre-contractual issues are raised by prospective bidders who may feel aggrieved by the contents of the tender document, with special emphasis to the technical specifications, when it is felt that an undue advantage may be given to a particular economic operator/importer/brand over another. At post-contract stages, an economic operator (contractor) may be investigated, following one or more complaints, which may arise either from the related Contracting Authority or any concerned citizen, indicating that the agreed to contractual agreement is not being fully complied with. It is paramount to clarify that the Compliance and Monitoring Unit may not be utilised as a direct substitute to the remedies published in the Public Procurement Regulations, but merely a more amicable and alternative solution. Personnel from the Compliance and Monitoring Unit, on a regular basis, attend meetings for the Inter-Ministerial Task Force on Green Public Procurement (GPP), representing the Department of Contracts (DoC). This Unit is also responsible for the weekly reporting to the GPP focal point assigned to the Ministty for Finance. In accordance with Contracts Circular № 2/2017, the Compliance and Monitoring Unit is entrusted to monitor and ensure that every six (6) months all Contracting Authorities publish, in the Government Gazette, a full list of all departmental contracts awarded and a list of all cases involving variations which exceed the original contract values by more than 5%. Moreover, it is to be noted that the Department is the owner of the working group of the Commission on the new Monitoring Template (the ESWG - Economic and Statistical Working Group). Consequently the CMU is working on the compilation of the statistical report due in April 2018 as one of the obligations under the new Directives. This will also be done through collaboration with the PPCD, FPD and the IAID

2.7 YES Yes, as already referred to in Answer 2.5 above, the Department of Contracts regularly publishes procurement-related documentation to assist Contracting Authorities in the understanding of the procurement regulations (which serve as reference in case of difficulty) as well as concise templates that provide the basis of a CfT procurement document. Such documentation, although aimed primarily at Contracting Authorities, indirectly also assists Economic Operators as once the procurement process is harmonised across Government, tender submission becomes easier for potential bidders. Training is delivered regularly to Contracting Authorities and to Economic Operators so as to make all stakeholders aware of the e-procurement potential. The said stakeholders are informed about the advantages of e-procurement when utilising Framework Agreements. In addition, the ePPS shall also start being utilised for anoth