The European Commission has taken action against Germany, Austria, Italy and Malta to correct breaches of EU public procurement law.

The Commission has decided to send Malta a reasoned opinion concerning a public contract for the provision of programme management services and technical assistance.

The open and transparent tendering procedures required under EU public procurement law mean more competition, stronger safeguards against corruption, and better service and value for money for taxpayers.

The Malta case regarded a Water Services Corporation public contract for the provision of programme management services and technical assistance

The Commission has decided to send Malta a reasoned opinion due to the use of discriminatory criteria for the award of a contract for the provision of programme management services and technical assistance in connection with the implementation of the Sewarage Master Plan for Malta and Gozo.

The Commission considers that the inclusion of award criteria relating to the “regional or local experience” or “professional experience in Malta” of the tenderers constitutes a violation of Directive 93/38/EEC coordinating the procedures of entities operating in the water, energy, transport and telecommunications sectors, which requires contracting authorities to ensure that there is no discrimination between different suppliers, contractors or services providers.