Transcript Lead Market Initiative

Public Procurement of Innovations
a driver for future health in Europe
Stockholm, 13 October 2009
Public Procurement Directives
supporting innovation
Jaroslav Kračún
legal officer, Unit C3
European Commission
DG Internal Market and Services
Directorate C – Public Procurement Policy
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Summary
I.
Innovation drive within PP Directives
A.
B.
II.
General procedures
Competitive Dialogue
Commission initiatives supporting
Innovation in Public Procurement
A.
B.
Pre-Commercial Procurement
Lead Markets Initiative
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Innovation
• ability to take new ideas
• translate them into commercial outcome
• using new processes, products or services
in a way that is better and faster than
competition
• impossible to be organised by regulations
• state of mind of market actors
• should be supported by the legal
framework
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Why innovation in PP?
• to enhance European competitiveness in
globalised economy
• to address important issues:
– climate change,
– non-renewable resources,
– demographic change, etc.
• public procurers:
– 16% of GDP
– specific sectors with specific competition
– should act as “intelligent” customers
4
Part I
Innovation within Public Procurement
Directives 2004/17/EC and 2004/18/EC
A. General procedures
B. Competitive Dialogue
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A. General Procedures
i.
Technical specifications referring to:
–
–
Technical specifications and standards
Performance and functional requirements
ii. Award criteria:
–
–
Lowest price
Economically most advantageous tender
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i. Performance and functional
requirements
• early communication to allow market to
adapt
• pooling of resources for technologically
demanding solutions
• consulting the market before tendering
• allowing market to propose creative
solutions – asking for solution, not
prescribing it
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ii. Economically most
advantageous tender
Taking into consideration:
• technical merits
• better quality achievements
• life-time costs
– energy efficiency
– maintenance costs
– reliability
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B. Competitive dialogue
i.
Specific conditions of application
ii. Risks to be avoided
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i. Specific conditions of application
• Formalised dialogue to explore the
development of best solutions that are
particularly complex for a specific product
or service
– impossibility to define the technical means
– inability to determine among different
solutions
• Economically most advantageous tender
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ii. Risks to be avoided
•
•
•
•
confusion with negotiated procedure
maintain competition
non-discriminatory criteria
equal information sharing among
operators
• final fine-tuning: no major modification of
the tender
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Part II
Commission initiatives supporting
Innovation in Public Procurement
A.
B.
Pre-Commercial Procurement
Lead Markets Initiative
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A. Pre-Commercial Procurement
• i. Applicability
– R&D services within specific exclusion of PP
Directives
– risk-benefit sharing
– exclusion of State aid
• ii. Double phase procurement process
– Pre-commercial phase
– Commercial phase
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i. Applicability
• R&D services other than those where the
benefits accrue exclusively to the contracting
authority for its use in the conduct of its own
affairs, on condition that the service provided is
wholly remunerated by the contracting authority
• Risk-benefit sharing:
– lower price for procurers for not keeping all IPR
– opportunity/risk for operators to resell the solution
• State aid exclusion:
– price reflecting operator’s benefit from IPR ownership
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ii. Double phase procurement
process
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ii. Double phase procurement
process
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B. Lead Markets Initiative
• i. General description
– 6 markets with innovation potential growth
– 4 sectors of public intervention measures
• ii. e-Health
– networking of public procurers
– funding under CIP and FP7 calls for proposals
CIP – Competitiveness and Innovation Framework Programme
FP7 – Seventh Framework Programme
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i. General Description
Lead Market:
• a market for innovative products and services or
technological solutions with high growth potential
• a market where EU industry can develop competitive
advantage to lead in international markets
• a market that requires action by the public authorities to
deal with regulatory obstacles
Lead Market Initiative: identifies first set of markets and
brings action plans in order to rapidly bring visible
advantage for Europe’s economy and consumers
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i. General Description
Lead Markets:
• bio-based products
• e-Health
• sustainable construction
• protective textiles
• recycling
• renewable energy
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i. General Description
Coherent action package in 4 sectors:
•
•
•
•
public procurement
standardisation
legislation
complementary support
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ii. e-Health
EU Health sector:
• 10% of the total workforce
• 9% GDP – expected at 16% by 2020
• better care for less money
• citizen-centered health delivery systems
• encouraging innovation in other market
segments:
– pharmaceuticals
– medical devices
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ii. e-Health
• Roadmap of policy recommendations for 20082010 by EC-wide e-Health Task Force
http://ec.europa.eu/information_society/activities/he
alth/docs/publications/lmi-report-final-2007dec.pdf
• Action plan addresses 4 identified barriers:
–
–
–
–
market fragmentation
lack of legal certainty
lack of financial support
procurement issues
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ii. e-Health
• Thematic network of public and private
procurers under CIP 2009 Call 3:
– raise awareness of pre-commercial
procurement
– exchange of experience
– defining needs requiring development of new
technology solutions
– involving national procurement authorities
– financed by the European Commission
CIP – Competitiveness and Innovation Framework Programme
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ii. e-Health
• Associate procurers in consultation
process for CIP and FP7 calls for
proposals
– www.epractice.eu
– meeting of e-Health procurers
– sharing experience and knowledge
– asking for advice and providing support
CIP – Competitiveness and Innovation Framework Programme
FP7 – Seventh Framework Programme
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References
• Communication from the Commission: Pre-commercial
Procurement: driving innovation to ensure sustainable
high quality public services in Europe, COM(2007) 799
final
• Communication from the Commission: Reviewing
Community innovation policy in a changing world,
COM(2009) 442 final
• http://ec.europa.eu/enterprise/policies/innovation/policy/l
ead-market-initiative/index_en.htm
• Pro Inno Europe Paper N°1: Guide On Dealing With
Innovative Solutions In Public Procurement, 10 Elements
Of Good Practice
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Contact information
Europa website:
http://ec.europa.eu/internal_market/pub
licprocurement/index_en.htm
Jaroslav Kračún
[email protected]
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Thank you for your attention
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