Communication on public procurement rules in connection with the current asylum crisis

The European Union currently faces numerous challenges due to a sudden, steeply increased influx of asylum seekers. Not least, Member States have to satisfy adequately and speedily the most immediate needs of the asylum seekers (housing, supplies and services).

This Communication provides an overview of the possibilities for public procurers, the contracting authorities, to provide infrastructure (housing) as well as supplies and services of first necessity quickly. European public procurement rules provide all the necessary tools to satisfy those needs, under the provisions of the current Directive 2004/18/EC as well as under the newest public procurement Directive 2014/24/EU. This directive has to be transposed by 18 April 2016 and is currently only applicable in those Member States where transposition measures have already entered into force. The Communication is based on Directive 2004/18/EC, but indicates the specificities of Directive 2014/24/EU, where those are relevant in the present circumstances.

This Communication does not create any new legislative rules. It reflects the Commission's understanding of the Treaties, the public procurement directives and the case-law of the Court of Justice of the European Union. It should be noted that, in any event, the binding interpretation of Union law is ultimately the role of the Court.

ESO: Background information: Refugee Crisis: European Commission takes decisive action http://www.europeansources.info/record/press-release-refugee-crisis-european-commission-takes-decisive-action/

ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/

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