Question 17 of the PPP Green Paper
Question In general, do you consider that there is a need for a supplementary initiative at Community level to clarify or adjust the rules on subcontracting? |
Main views of stakeholders • There is no agreement on the need for supplementary initiatives in this area. |
A large number of contributors contest the need for clarification on subcontracting. Many other stakeholders disagree and ask for clarification on various issues.
Areas of clarification identified by contributors are the definition of the terms "bodies governed by public law" in the sense of Article 1(9) of Directive 2004/18/EC and "subcontracting", the provision for contracting authorities to require or forbid subcontracting or to limit the number of subcontractors in the invitation for tenders and the delimitation of the scope of Directives 2004/17/EC and 2004/18/EC. The latter refers to the specific subcontracting rules for works concessionaires under Title III of Directive 2004/18/EC and the different rules applicable to subcontracting to related/affiliated undertakings (Article 63(2) of Directive 2004/18/EC and Article 23 of Directive 2004/17/EC).
Another contributor asks for more clarity regarding the application of EC tendering requirements when contracts are subcontracted to sister companies or affiliated companies that are part of the consortium which won the main contract.