The request was sent by the Commission’s Internal Market and Services Directorate General (DG Mark) directly to the Prime Minister’s cabinet, people close to the matter told MEDIAFAX.
The public-private partnership law, which entered force in October 2010, was amended by the Government in April to avoid an infringement procedure.
In a new letter to the Government, the Commission says the law is still in many aspects incompatible with European directives on public procurement and that the proposed mechanism for cooperation between the Public Procurement Verification and Control Unit (UCVAP) and the National Public Procurement Regulation and Monitoring Authority (ANRMAP) is not a safeguard against the differences in interpretation that may appear regarding applicable rules, said the sources.
The Commission warns that the line between the domain of the public-private partnership procedure and that of public procurement rules is not clearly defined, and the partnership law seems to apply to contracts below its established value threshold. Furthermore, the partnership law provides no rules for instances where additional work is required as a result of unforeseen circumstances.
The Commission asks the Government to consider its suggestions and revise the law, in order to ensure full compatibility with EU directives on procurement.
According to the sources, Prime Minister Emil Boc has asked the ministers involved in this field to amend the law, with the Commission’s suggestions in mind.