Kommisjonens gjennomføringsforordning (EU) 2023/2884 av 20. desember 2023 om endring av gjennomføringsforordning (EU) 2019/1780 om fastsettelse av standardskjemaer for offentliggjøring av kunngjøringer om offentlig innkjøp
Elektroniske kunngjøringsskjemaer for offentlige anskaffelser: endringsbestemmelser
Kommisjonsforordning publisert i EU-tidende 21.12.2023
Tidligere
- Utkast til forordning lagt fram av Kommisjonen 19.9.2023 med tilbakemeldingsfrist 17.10.2023
- Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 4.12.2023
Nærmere omtale
BAKGRUNN (fra kommisjonsforordningen)
(1) Commission Implementing Regulation (EU) 2019/17807 establishes the standard forms (eForms) for the publication of notices in the field of public procurement. It replaced Commission Implementing Regulation (EU) 2015/19868 in order to adapt the standard forms set out in that Implementing Regulation to the digital transformation. Implementing Regulation (EU) 2019/1780 was subsequently amended in 2022, to address requests from the Member States on several topics, including reporting requirements for Directive 2009/33/EC of the European Parliament and of the Council9 , Green Public Procurement and Innovative Procurement.
(2) To ensure policy alignment of the standard forms with Union objectives, in the interest of clarity and consistency of reporting, fields for Regulation (EU) 2022/1031 of the European Parliament and of the Council, Regulation (EU) 2022/2560 of the European Parliament and of the Council and Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation 2023/955 (recast) should be added.
(3) Considering the needs of the Member States and the Union to have standardised format and procedures for publishing notices that are not subject to the publication requirements laid down in the Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC, six new forms should be added to enable contracting authorities to publish notices in the Official Journal of the European Union. Each new form should have a specific purpose, covering the planning phase (the pre-market-consultation notice, the prior information notice), the competition phase (the contract notice), the results phase (the award notice, the completion notice) and the publication of a contract modification notice.
(4) To improve the readability of the Annex, table 2, of the three different mandatory categories, the meaning and difference between mandatory (M), conditional mandatory (CM) and existing mandatory (EM) should be clarified. The ‘mandatory’ category refers to those fields that are required either technically or by the Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC, while ’conditional mandatory’ refers to those fields that are required under certain conditions, such as the voluntary publication of information in optional fields with which the ‘conditional mandatory’ fields have a logical and technical connection. This includes the fields capturing detailed information on review requests and decisions (BT-783 - 798) that are conditionally mandatory because of their logical connection to the optional field relating to review requests and decisions (BT-716). The category of ’existing mandatory’ means that if this information exists, even though the Commission is not able to verify this, a notice must contain this information.
(5) In order to address the feedback by the Member States during the process leading to the adoption of Commission Implementing Regulation (EU) 2022/230313, the standard forms should also be adjusted and improved as regards the description of certain business terms and the application of such terms, as laid out in the Annex, table 2.
(6) In order to ensure a smooth technical transition, it is necessary to allow early use of the fields related to Regulation (EU) 2022/1031 and Regulation (EU) 2022/2560 set out in Implementing Regulation (EU) 2019/1780 as amended by this Regulation in addition to the fields set out in the Annex to Implementing Regulation (EU) 2019/1780 as amended by Implementing Regulation (EU) 2022/2303 for the publication of notices in the Official Journal of the European Union once the Commission has published a notice on its webpage announcing that the formats and procedures for sending notices have been adapted for that purpose. For a transitional period, it should be possible to use both the forms including information set out in the Annex to Implementing Regulation (EU) 2019/1780 as amended by this Regulation and those set out in the Annex to Implementing Regulation (EU) 2019/1780 as amended by Implementing Regulation (EU) 2022/2303 for the publication of notices in the Official Journal of the European Union.
(7) Implementing Regulation (EU) 2019/1780 should therefore be amended accordingly.
(8) In order to allow the Member States and the Commission sufficient time to prepare for use of the new forms, the date of application of this Regulation should be deferred,