EESC Corner: Public procurement rules in connection with the current asylum crisis

The European Union currently faces numerous challenges due to a sudden sharp increase in arrivals of the asylum seekers. Not least, Member States have to respond rapidly to meet the most immediate needs of asylum seekers (housing, supplies and services).

European public procurement rules provide all the necessary tools to satisfy those needs under the provisions of the current Directive 2004/18/EC as well as under the newest public procurement Directive 2014/24/EU. This Communication does not create any new legislative rules. It encompasses rules covering: contracts for infrastructure (housing); contracts for supplies such as tents, containers, clothes, blankets, beds and food and contracts for services such as cleaning, health, catering and security. For contracts falling within the scope of the directive, the contracting authority can choose to award the contract following an open or a restricted procedure. The minimum deadline to submit an offer in an open procedure is 52 days, but it can be reduced to 40 days by using electronic means. In a restricted procedure, the general deadlines are 37 days to submit a request for participation and an additional 40 days to submit a tender after selection by the contracting authority of those admitted to submit a tender. If urgency requires, the directive allows for a substantial reduction of the general deadlines using either: (a) an “accelerated restricted procedure”, in which the deadlines to submit a request for participation are 15 days and to submit an offer 10 days, or (b) a “negotiated procedure without publication”, which allows for awarding contracts to provide for asylum seekers’ needs in the most urgent cases.

The EESC welcomes the Commission’s explanatory communication – which does not contain any changes – in view of the current climate in which, as described, contracting authorities are under intense pressure to solve urgent problems arising from the refugee and asylum crisis. The EESC would stress that it is important to ensure a high degree of transparency and take extra care in documenting the procedure; to refrain from making inappropriate use of this legislative flexibility; to endeavor to opt for solutions that facilitate subsequent integration and additional support and that contracts awarded in an emergency are of short duration.

Marie Zvolská
Member of Employers’ Group (Group I)