Data and indicators for the EU procurement “Remedies Directives” REF: 968

RPA, together with EPRD and Milieu, has been commissioned by the European Commission (DG Grow) to conduct a study to explore the data available in Member States to develop indicators to evaluate the performance of the ‘Remedies Directives’.

The Remedies Directives set minimum national review standards to ensure that redress is available to economic operators that believe that a public procurement procedure has been run without proper application of the EU Public Procurement Directives.  The Remedies Directives comprise:

• Remedies Directive for the utilities sector (Directive 92/13/EEC);
• Remedies Directive for the public sector (Directive 89/665/EEC); and
• Directive 2007/66/EC, which substantially amended both of the above.

Recent reports on the effectiveness of the Remedies Directives concluded that data on the functioning of national public procurement remedy systems are not collected in a structured manner and have rarely been used for policymaking purposes.

The study will take stock of the data collected currently and the potential to collect data.  From this, a limited number of objective indicators will be developed that could be retained at a later stage, in agreement with the Member States and published via the Single Market Scoreboard at regular intervals.