Implicaciones procesales

5.55. The implementation of an effective procurement policy, which improves market access and transparency in an increasingly integrated Single Market can bring significant benefits to consumers, providing them with better quality and more economically efficient services and infrastructures. In this context, it would seem important to take greater account of consumer policy in Union procurement policy. Promoting more transparency and dialogue with consumer organisations would be particularly welcome.

IX. Questions

1. For general information purposes, do you think that it would be useful to compile a practical guide explaining to SMEs how to prepare themselves for taking part in public procurement, and for interpretative notices to be drawn up on aspects of the application of the Directives which are of special interest to SMEs? On what topics, in your view, should these documents particularly focus?

2. Given that some Community-sponsored networks already supply additional information on procurement, particularly to SMEs, should their role be reinforced? If so, how?

3. What is your opinion on the options under consideration for improving the information available to SMEs about specific contracts (adaptation of TED, using the INTERNET, the CPV and standard forms)? Do you think that there are other avenues which should be explored?

4. Is the EEIG (European Economic Interest Grouping) an appropriate instrument for promoting co-operation between SMEs, especially in cross-border public procurement?

5. Do you think that, to promote greater SME participation in public procurement, other action should be taken at Community level, particularly on the issues of subcontracting and payment periods? If so, what type of action? For example, should one consider the fixing of mandatory payment periods, after which interest on late payment and, if need be, damages and interest would be due?

6. What are, in your view, the most appropriate ways of developing networks of SME support services? What type of services in particular should be provided by these networks?

7. In your opinion, to what extent has the standardisation policy pursued by the European standards bodies (CEN, CENELEC, ETSI) on the basis of Commission mandates been successful in eliminating obstacles to the opening-up of public procurement?

8. Which product sectors should be given priority in determining further mandates for European standards?

9. A number of anxieties expressed by the private sector have been dealt with in the part of this Chapter concerned with TENs. Has the clarification of the relevant provisions been sufficient to dispel these anxieties or should further written guidance be given on the application of the Directives to public tendering for TENs or other major projects (for example, through an interpretative communication)? 10. Do you know of any other issues related to tendering procedures for contracts that

need clarification or resolution to facilitate private participation in TENs or other public/private partnerships?

11. Do you agree that, as an incentive to the effective management of the Structural Funds, wider publicity should be given by Member States and contracting entities to the fact that value for money has been achieved in procurements for EU co- financed projects?

12. Would it be useful to require the persons responsible to sign a personal statement that, in respect of a particular project, value for money has been obtained and that the public procurement rules have been followed?

13. Are there any other ways of increasing the effectiveness of the public procurement rules when structural funds are utilised ?

14. Do you think that contracting entities receiving funds from the Union should be encouraged to undergo attestation to ensure that an effective procurement system is in place?

15. Do you think that it could be useful and efficient if an independent national authority, co-operating closely with the Commission, were to assist contracting authorities when their procurements are financed from Community funds?

16. Do you think that the rules governing contracts awarded by the Community institutions and contracts awarded by other bodies or third countries under Community programmes and using Community resources are adequate to ensure fair access to these contracts for all interested parties?

17. In your opinion, do the possibilities offered by public procurement law for pursuing Community and national social policy objectives need to be clarified, for example by means of an interpretative communication?

18. Do you think that these possibilities are sufficient to satisfy needs? If not, what other measures do you think could be taken in order to ensure that social policy objectives are more effectively achieved in the application of the Community rules on public procurement, while safeguarding fair competition?

19. In your opinion, are obligations relating to health and safety at the workplace taken sufficiently into account during the preparation of tender notices and contract documents? What improvements can you suggest?

20. What has been your experience with the promotion of "green" products and services procurement under the Directives? Is there a need for the Commission to clarify the possibilities for incorporating environmental protection concerns in the application of the public procurement directives (e.g. by means of a Commission communication)?

21. Do you think that the possibilities offered are sufficient to attain the objectives pursued? If not, what measures do you think could be taken in order to ensure that environmental protection objectives are more effectively achieved in the application of the Community rules on public procurement, while safeguarding fair competition? Should the eco-label be included among the technical specifications mentioned in the general contract documents, or should application for registration under the Environmental Management and Audit Scheme figure among the selection criteria?

22. Given the absence of competition in the military equipment sector, should this not be governed by a system of public procurement as desired by some Member States?

6. PROCUREMENT OUTSIDE THE UNION