Swedish Parliament

Proposal for a Directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal sectors

Scrutiny details

Subsidiarity deadline: 08/03/2012
 
Scrutiny Information

Scrutiny date: 14/12/2012

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to the Committee on Finance.

The Committee on Finance deliberated with the Government on the matter on 2012-01-24.

The Committee has concluded that the proposal is in breach of the principle of subsidiarity. A proposal for a reasoned opinion has been submitted to the Chamber for consideration in statement 2011/12:FiU50 Subsidiaritetsprövning av förslag till Europaparlamentets och rådets direktiv om offentlig upphandling.

The statement has been debated and decided upon by the Chamber. Consideration concluded with the Chamber adopting a reasoned opinion.

The Commission's reply to the statement from the Swedish Parliament has been received.


Summary of the statement by the Committee on Finance 2011/12:FiU50
Subsidiarity check by the Committee of the Commission's proposal for a directive on public procurement (COM (2011) 896 final). In the opinion of the Committee, the proposal as it is currently worded conflicts with the principle of subsidiarity. The Committee therefore proposes that the Riksdag should submit a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission, in accordance with Chapter 10, Article 6 of the Riksdag Act.

The position of the Committee
The Committee welcomes the Commission's proposal and is mainly positive to the proposed revision of the Directive, many parts of which are in line with Sweden's response to the green paper which formed the basis of the review.

In common with the Government, the Committee considers that those parts that deal with supervision and guidance are important. In the opinion of the Committee, it should be the task of every member state to decide how to set up a system for supervision and knowledge centres for support and guidance. These can then be designed in accordance with the constitutional conditions of each member state. The issue of how authorities are to be organised is a national responsibility and there is no reason to lay down at EU level the organisational measures to be taken by a member state.

Effective systems for supervision and knowledge centres are best achieved by means of national rules. Each member state has its own constitutional conditions. It is therefore the opinion of the Committee that the proposal in those parts dealing with supervision, education, guidance and support for procurers and companies conflicts with the principle of subsidiarity and proposes that the Riksdag submit a reasoned opinion to the Presidents of the European Parliament, the Council and the Commission in the wording presented in appendix 2.

APPENDIX 2

Reasoned opinion
The Commission’s proposal for a directive on public procurement (COM/2011) 896 final), which is presented in the statement from the Committee on Finance 2011/12 FiU50, has been examined by the Riksdag from the point of view of the implementation of the subsidiarity principle.

The Committee welcomes the Commission's proposal and is mainly positive to the proposed revision of the Directive, many parts of which are in line with Sweden's response to the green paper which formed the basis of the review.

In common with the Government, the Riksdag considers that those parts of the proposal that deal with supervision and guidance are important. In the opinion of the Riksdag, it should be the task of every member state to decide how to set up a system for supervision and knowledge centres for support and guidance. These can then be designed in accordance with the constitutional conditions of each member state. The issue of how authorities are to be organised is a national responsibility and there is no reason to lay down at EU level the organisational measures to be taken by a member state.

Effective systems for supervision and knowledge centres are thus best achieved by means of national rules. Each member state has its own constitutional conditions. It is therefore the opinion of the Riksdag that the proposal in those parts dealing with supervision, education, guidance and support for procurers and companies conflicts with the principle of subsidiarity.

In the view of the Riksdag, the Commission should present a reworked proposal corresponding to the proposal now considered by the Riksdag, but with the amendment that systems for supervision and knowledge centres for support and guidance should not be regulated at the EU level.


Lisbon Treaty procedures
 
  Reasoned opinion

01/03/2012 | Reasoned opinion of the Riksdag

A reasoned opinion was transmitted to the European parliament, the Council and the Commission on 1 March 2012

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