(See Pedro’s thoughts on Article 77 here) Article 77 is the last article of the ‘European preference’ chapter, and it can be seen as a ‘coordination’ provision. This is clearly established in the PPA Explanatory memorandum: This Regulation serves as a horizontal framework for European preference requirements and has been designed so as not to…
(See Pedro’s thoughts on Article 76 here) Articles 73, 75 and 76 make a dysfunctional whole. Article 73 lays out the European preference requirements which are discretionary to public buyers. Then Article 75 gives the Commission the authority to make some (or possibly all) of those requirements – mandatory via delegated acts. But public buyers…
Read more Public Procurement Act proposal commentary – Article 76 – Exceptions
(See Pedro’s thoughts on Article 75 here) Like Article 72, Article 75 is the second ‘European preference’ Article empowering the Commission to adopt delegated acts. While Article 72 delegated acts are aimed at revoking covered status (in a legally problematic way), there is almost nothing legally problematic here. The Commission is empowered to ‘require public…
(See Pedro’s thoughts on Article 74 here) Article 70 determines coverage – which economic operators, goods, services and works will be considered covered (having equal access to the EU public procurement market) – and coverage is established by origin. Therefore, Article 70 is impossible to read in a vacuum, as Article 74 establishes rules on…
Read more Public Procurement Act proposal commentary – Article 74 – Origin
Our socially responsible public procurement (SRPP) project has entered its second year, which means it’s time to start analysing the data – hundreds of thousands of Croatian contract notices from 2016 to 2026. Now, what we’ll exactly search for in the notices is still being discussed, but the goal is to identify indicators of deliberate…
Read more Problems with social responsibility, self-reporting and data in public procurement
(See Pedro’s thoughts on Article 73 here) Article 73 is the meat and potatoes of the ‘European preference’ chapter, or at least it should be. But for a carnivore, it leaves a tofu aftertaste (apologies to my vegetarian and vegan friends, I couldn’t resist). I’ve written about my issues with the way the Commission decided…
Read more Public Procurement Act proposal commentary – Article 73 – European preference requirements
Conferences are great, but papers are better! I’m very happy and proud to post about this – the first public procurement law special issue (in English!) of one of the best (I’d say – the best, but then you’d say I’m biased) law journals in South-Eastern Europe! The papers you can read here were written…
(See Pedro’s thoughts here) The ‘European preference’ chapter of the Public Procurement Act proposal gives the Commission the authority to adopt delegated acts in two instances – one in Article 75 (making it mandatory for contracting authorities to implement European preference requirements – more on this in the commentary on Article 75), and the other…
No simplification in sight for EU public procurement! I’m having a hard time keeping up with the new terminology, a lot of it sounds similar – but it does not have the same meaning. Some good examples are similar terms across the Industrial Accelerator Act (IAA) and Public Procurement Act (PPA) proposals: ‘Made in EU’…
Read more Some thoughts on the German ‘Made with EU’ IAA non-paper
(See Pedro’s thoughts here) In the last week’s commentary on Article 70, I mentioned the inherent complexity in determining what will be covered economic operators, goods, services and works from one public procurement procedure to the next. A ‘covered’ economic operator in one procedure may not be ‘covered’ in another conducted by the same contracting…
