EC Initiates Exclusive Agreements Studies

Source: European Commission

EC publishes service contract notices for studies to identify Exclusive Agreements – France, Germany, Italy, Poland, and Spain

Brussels: 26 June 2009

The European Commission has published Ex-ante Advertising for a negotiated procedure for service contracts of a value below or equal to 60.000€. INFSO.E4 – A study: "Public Sector Information (PSI): Identification of potential Exclusive Agreements". The notice applies to France, Germany, Italy, Poland and Spain

The main text of the European Commission notices states:

“The contract is a part of an overall Commission study undertaken to identify the existence of possible exclusive agreements in the Member States in accordance with the Communication on the review of the PSI Directive of 7 of May 2009. The study is foreseen in the Competitive and Innovations Programme (CIP) CIP ICTPSP Work Programme 2009.

The purpose of this contract is to collect relevant information on the possible existence of Exclusive Agreements in Spain, in the light of Article 11 of the Directive, from both sides of the PSI market (Supply and Demand).

All interested applicants are welcome to send their declaration of interest to infso-psihelp@ec.europa.eu, with a reference to the contract, for the attention of Mr. Piotr Balcerowski. The applicant must provide information concerning the selection criteria that apply to this procurement.

This publication is made pursuant to Article 119(3) of the Implementing Rules of the Financial Regulation that provides for ex ante publication on the Institutions’ websites of contracts with a value up to €60 000. This publication has an indicative value and constitutes no obligation to award for DG INFSO nor to invite to tender for low value contracts procedures any economic operator having expressed its interest in participating.

Only the candidates invited by the contracting authority to participate in a procedure for awarding low value contracts will be admissible.”

Country Details

France – Full Announcement Deadline for declaration of interest: 27 July 2009

Germany – Full Announcement Deadline for declaration of interest: 27 July 2009

Italy – Full Announcement Deadline for declaration of interest: (28/07/2009)

Poland – Full Announcement Deadline for declaration of interest: (28/07/2009)

Spain – Full Announcement Deadline for declaration of interest: (28/07/2009)

Background Information

The European Union Directive 2003/98/EC was passed on the 17 November 2003 and entered onto the European Union statute book on the 31 December 2008. Article 11 of the Directive titled Prohibition of exclusive arrangements states that exclusive arrangements shall be terminated by the 31 December 2008. The Member States (through the co-decision process) gave themselves a five year period in which to terminate existing agreements and since 1 July 2005 not to enter into any further exclusive arrangements subject to the conditions in article 11.

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