EU Public Procurement and the ACP


(Joyce van Genderen-Naar)

If ACP experts and companies want to compete with the EU and to have access to the EU Market, they have to know more about the rules and procedures. Frequently asked questions are: how can ACP experts and companies have access to the EU market and compete with EU and other foreign experts and companies; how can ACP SMEs participate in EU consortiums; what is the best way to have access to EU tenders; is there a lack of confidence in the ability of our own enterprises and in our own capacity; why do not ACP countries involve their own people and experts more and increase their own capacities in stead of complaining that ACP has no capacity and asking the EU for capacity building and EU consultants to do research and studies in ACP countries? Reports that can only be written with the help of the information of ACP locals who are being used as information and response persons, reports that often are not implemented.

This article discusses EU Public Procurement Procedures with regard to the ACP-EC Cooperation. It shows the importance of Public Procurement for the EU and its Member states and indicates the preferences for ACP-tenders and tenderers provided in the ACP-EC Partnership Agreement and the relevant provisions of the European Development Fund. It sets out in detail the Legislative framework of the EU Public Procurement, eligibility criteria, contract award criteria and principles,procedures, rules, transparency; Transparency Rates of EU Member States; Obstacles for EU Member States and firms; and other factors conditioning ACP access to EU Public Procurement markets.

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