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The search returned 3 results.

The Impact of the EU Data Protection Rules on the GPA journal article

Zbigniew Raczkiewicz, Antoine Malherme

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 156 - 173

The new rules introduced in the European Union by the General Data Protection Regulation (GDPR) have a tremendous impact on all aspects of our lives, including public procurements. They apply not only to the domestic public procurements but also to the ones covered by international agreements, like the World Trade Organisation’s Agreement on Government Procurement (GPA). It is therefore interesting to analyse what impact the European Union data protection rules have on the application of GPA provisions, in particular if the former do not restrict the latter.

The Future for Public Sector Procurement Law in the Post-Brexit Period journal article open-access

Miltiades C. Elliotis

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 91 - 102

After the UK’s momentous vote to leave the EU, in June 2016, a significant number of public sector officials, began wondering about the future of public procurement in the UK and in the EU, during the post-Brexit period. The consequences of Brexit in this area, as in many others, are in fact difficult to predict; they depend essentially on future political decisions, particularly on the UK’s relationship with the EU. What is clear is that the current procurement regulations will remain in the UK as they are, during the negotiating period , which will probably last until the end of 2019. How will procurement be regulated after that? Certainly, there will be no change in procurement regulations in the EU. What about the corresponding UK regulations? One realistic possibility is that the UK will negotiate a trade agreement with the EU that covers public procurement. Therefore, this could allow the UK to apply the EU procurement regime exactly as it is now. This means that the UK will leave the EU but still be a party to the European Economic Area (EEA) Agreement. Consequently, there will be no change in the procurement regulations in the UK since in essence the EEA applies the same rules on public procurement as the EU does. A second option is for the UK to negotiate another type of trade arrangement with the EU which would certainly include public procurement provisions and it is possible, that these would be the same as those under EU/EEA rules. A third possibility is that the UK will not conclude any specific trade agreement with the EU but that UK trade will be based simply on commitments under the WTO agreements such as the Government Procurement Agreement (GPA) and the General Agreement on Tariffs and Trades (GATT) that currently apply for the UK as part of the EU. A final option is for the UK not to commit to any trade agreements that constrain its strategy for regulating public procurement. This means that with this option it will be difficult to predict the final form of UK public procurement law. All these scenarios are discussed in the present work.

Socially Responsible Public Procurement (SRPP) under EU Law and International Agreements journal article

The GPA, CETA and the EU-Ukraine Deep and Comprehensive Free Trade Area

Abby Semple

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 293 - 309

The 2014 EU Procurement Directives contain an expanded set of provisions relating to socially responsible public procurement (SRPP). From the application of higher thresholds and ability to limit competition for certain contracts through the use of social award criteria and contract performance clauses, there are numerous possibilities for contracting authorities to take considerations related to labour law compliance, trading conditions and social inclusion into account. At the same time, the EU has expanded its international commitments in the field of public procurement through the revision of the WTO Government Procurement Agreement (GPA), the Comprehensive Economic and Trade Agreement (CETA) with Canada, and through the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) with Ukraine, Moldova and Georgia. This paper looks at the extent to which SRPP provisions have been incorporated in these agreements, finding that in a number of areas they offer a less supportive framework than the EU Directives for SRPP.

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