Annex 2 to Pillar 1

Arguments for the transposition of the 2014 generation of PP Directives through

separate legal acts

The below arguments were discussed in the Interministerial Committee held on 16 January
2015 and were part of the prior public consultations.
The main arguments in favour of the option selected (3+1 separate legal acts) are recorded
below:
a) From a strategic point of view, such a measure will encourage local economy to adapt
public policy measures to choosing between the options offered by the classical public
procurement directive and by the sectors directive (classic, utilities and concessions). Thus,
each sector will have the advantage to be regulated considering its specificity.
b) From an operational perspective transposition of directives into different acts will increase
the stability of the legal framework by reducing the possibility to implement legislative
changes and by providing increased flexibility in their use.
c) The legislative acts shall have specific applicability
i.

ii.
iii.

iv.

The 3 directives (classic, utilities and concessions) address different organizations,

which will be treated in a distinct manner in the directives (contracting
authorities/entities).
Classic and utilities sector operates under different rules; most Romanian utilities are
private sector companies and operate in a fully commercial environment.
Types of contracts are different: assimilated to administrative litigation under the
classic sector, commercial contract under utilities sector, or "public contract" and
"contract".
Thresholds for the directives applications are different on the 3 directives and require
specific approaches in each sector.

d). An independent legislative act, covering exclusively the role, powers and operation of the
CNSC would ensure greater legislative consistency and speed up implementation of the new
package of directives on public procurement, by simplifying primary legislation;
i.
ii.
iii.

Legislation on remedies reflects also on areas of national interest such as publicprivate partnerships or certain purchases in the fields of defence and security;
CNSC work should be carried on in a clear, stable and predictable environment in
order to guarantee stability, professionalism and independence of the institution;
Unification of the Directive on remedies with one of the three distinct acts would
generate numerous subsequent legislative changes and inconsistencies.

For the above reasons, the final decision considered in 3+1 legislation acts, as identified in
the main body of the Strategy.
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