Kommisjonens arbeidsdokument angående anvendelse av EU-reglene om offentlige innkjøp ved forhold mellom kontraktsmyndigheter (offentlig-offentlig-samarbeid)
Retningslinjer offentliggjort av Kommisjonen 6.10.2011
BAKGRUNN (fra Kommisjonens pressemelding 6.10.2011, engelsk utgave)
Public procurement: Commission issues guidance on how public authorities can cooperate to fulfil their public tasks
Public authorities in the EU can choose to perform their public interest tasks using their own resources and in cooperation with other authorities. For example, several cities can decide to provide transport services in their territory through a jointly held and controlled transport company. Alternatively, two municipalities may decide to share waste treatment and divide up the relevant tasks between them, with one undertaking waste collection and the other incineration.
Under certain circumstances, such cooperation does not fall under EU public procurement law and so does not have to be subject to an open, competitive tendering procedure. As contracting authorities do not always know whether and under which conditions EU public procurement law applies, the Commission has issued guidance based on case law of the EU's Court of Justice clarifying the rules applicable to different types of cooperation. The guidance paper provides an overview of the relevant Court case law and draws some conclusions from it, allowing for a better understanding and application of the existing legal framework.
Cooperation between municipal authorities is also one of the issues under consideration in the ongoing reform process of the EU Public Procurement Directives, which currently do not include explicit provisions on public-public cooperation.