The working group comprised both in-house and external lawyers
from the UK and Ireland. The Group discussed in detail the
pros and cons of the Commission's proposed approach to regulating
service concession agreements (see
http://ec.europa.eu/internal_market/consultations/2010/concessions_en.htm)
and came to the conclusion that it did not consider it appropriate
to make the full requirements of the EC Procurement Directive
applicable to services concession agreements. The Group’s
view was that the application of the core Treaty
principles (following the Court of the EU's
jurisprudence) together with some form of standstill or review
period before the award of the concession should be sufficient
regulation. The Group also thought the Commission should
draft practical guidance on these matters to assist compliance.
Further details are set out in the
response paper which the
Group submitted to the European Commission.