Brussels denounces Spain earlier than European justice for “remarkably” failing to adjust to the general public procurement directive | Economy | EUROtoday

Spain accumulates a brand new criticism from the European Commission earlier than the European justice system. On this event, the EU Executive accuses the Spanish State that its public procurement guidelines “deviate significantly from European laws” in relation to “the types of contracting powers, the types of contracts and the modifications of contracts that must comply with the national public procurement legislation that transposes the directives.” From Brussels, this year several non-compliances by Spain have already been brought before Luxembourg judges, such as the directive on cross-border mergers.

The Commission opened the infringement file against Spain three years ago. The first Spanish response was followed by a reasoned opinion from Brussels pointing out why it is considered that the public procurement directive has not been correctly transposed. “However, to date, Spain has not yet introduced the necessary changes to its legislation to make it compatible with all the obligations imposed by EU law.” Adds the statement issued this Monday, which also reports on the steps taken with eight other sanction procedures against Spain, “the efforts made to this point by the Spanish authorities have been inadequate.”

It is now 10 years since the public procurement directive was approved. As these European standards normally do, which must be transposed into national legislation, it left a period of almost two years to take this step. That is, the date set to incorporate the rule into national laws was 2016. Spain notified that it had done so. But the Commission later concluded that the approved measures were insufficient: “No changes have yet been introduced in the legislation [española] that make it compatible with all the obligations of EU laws.”

The Community Executive already gave Spain a slap on the wrist in December 2021, when it sent a letter of formal notice to Spain. The spring of this year once again gave a wake-up call, with the publication of a reasoned opinion. And now, as a last step, he has turned to Community Justice. The main complaint is that Spanish regulations differ from European regulations, especially in terms of “the types of authorities, contracts and contract modifications that must comply with public procurement regulations.”

These laws seek to create common basic legislation in the EU so that there are equal conditions throughout Europe for all companies, that is, to not distort competition in a market of two trillion euros annually, an amount equivalent to 14% of the GDP of the Union, according to Commission numbers. “These rules regulate the way in which public authorities and certain public service operators acquire goods, works and services. They are incorporated into national legislation and apply to tenders whose monetary value exceeds a certain amount. For lower value tenders, national rules apply. However, these national rules must also respect the general principles of EU law.”

Another case in which the referral of the matter to the courts was announced was that of the transposition of the directive that establishes a minimum effective rate of 15% in corporate tax. This was announced last October. But shortly after, the legislation into which it was transposed was approved.

Requirements for waste labeling and coastal concessions

Other procedures have been added to the complaint about the inadequate transposition of the public procurement directive. The Commission has also sent a letter of formal notice to Spain considering that it does not comply with the labeling requirements for the separation of waste, as it considers that they do not respect the principle of free movement of goods. Although there are still no common standards on this matter, the new regulation on packaging and packaging waste is about to be approved and includes provisions to move towards harmonization. “Until these requirements are established at EU level, national laws should not create an unnecessary burden on intra-EU trade. National labeling requirements can represent a significant obstacle to the single market and seriously undermine the principle of free movement of goods,” argues the Community Executive, which gives Spain two months to respond and correct the deficiencies pointed out by the Commission.

Brussels also considers that the Spanish rules for awarding and extending concessions to build premises on the coast violate community directives, which is why it will send another reasoned opinion. Likewise, it will open an infringement procedure against Spain for not having yet designated the competent authorities to guarantee compliance with the SEPA regulation in cross-border banking operations, and another for not complying with European standards on professional qualifications, rules that allow workers to operate temporarily in different European countries. In the latter case, non-compliance is widespread: up to 22 States will receive a letter of formal notice, including Denmark, Germany, Ireland and the Netherlands, as they impose “unjustified prior controls for several professions.”

Another subject through which the European Commission sees non-compliance by eight international locations is within the software of the directive that imposes frequent requirements within the software of tolls and vignettes. Therefore, it should ship a letter to Spain, Bulgaria, Greece, Italy, Luxembourg, Malta, Poland and Portugal, which haven’t communicated their transposition measures. Spain and Portugal can even obtain a reasoned opinion for failing to inform the Commission of the foundations on sanctions in case of infringement of the regulation establishing a pan-European particular person pension product, a voluntary particular person retirement financial savings pension plan.