Änderungen vergleichen: Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (eForms) (Text with EEA relevance)

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COMMISSION IMPLEMENTING REGULATION (EU) 2019/1780

of 23 September 2019

establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (‘eForms’)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (1), and in particular Article 3a thereof,

Having regard to Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (2), and in particular Article 3a thereof,

Having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities in the field of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (3), and in particular Articles 32(1), 52(2) and 64 thereof,

Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (4), and in particular Article 33(1) thereof,

Having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (5), and in particular Articles 51(1), 75(3) and 79(3) thereof,

Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (6), and in particular Articles 71(1), 92(3) and the first subparagraph of Article 96(2) thereof,

After consulting the Advisory Committee on Public Procurement,

Whereas:

(1) Directives 89/665/EEC and 2014/24/EU require that certain public works contracts, public supply contracts and public service contracts be advertised in the

Official Journal of the European Union

. The notices for those publications should include the information set out in those Directives.

(2) Directives 92/13/EEC and 2014/25/EU require that certain works contracts, supply contracts and service contracts in the water, energy, transport and postal services sectors be advertised in the

Official Journal of the European Union

. The notices for those publications should include the information set out in those Directives.

(3) Directive 2009/81/EC requires that certain works contracts, supply contracts and service contracts in the field of defence and security be advertised in the

Official Journal of the European Union.

The notices for that publication should include the information set out in that Directive.

(4) Directives 89/665/EEC, 92/13/EEC and 2014/23/EU require that certain works concessions and service concessions be advertised in the

Official Journal of the European Union

. The notices for those publications should include the information set out in those Directives.

(5) Commission Implementing Regulation (EU) 2015/1986 (7) sets out the standard forms provided for by Directives 89/665/EEC, 92/13/EEC, 2009/81/EC, 2014/23/EU, 2014/24/EU and 2014/25/EU.

(6) Public procurement is undergoing a digital transformation, as described in the Communication from the Commission on Upgrading the Single Market (8) as well as in the Communication from the Commission on Making Public Procurement work in and for Europe (9). The standard forms are instrumental in this transformation.

(7) In order to ensure the standard forms’ effectiveness in a digital environment, it is necessary to adapt the standard forms set out in Implementing Regulation (EU) 2015/1986. Given the number and extent of the necessary adaptations, Implementing Regulation (EU) 2015/1986 should be replaced.

(8) As established in Article 33(2) of Directives 2014/23/EU, Article 51(2) of Directive 2014/24/EU, Article 71(2) of Directive 2014/25/EU, notices are electronic files rather than paper documents. In order to comply with the ‘once only’ principle in e-government, and thus reduce administrative burden and increase data reliability, and to facilitate voluntary publication of notices whose value is below the EU threshold or which are based on framework agreements, such standard forms should be established that can be automatically filled-in with information from previous notices, technical specifications, tenders, contracts, national administrative registries and other sources of data. Ultimately, such forms should no longer need to be filled-in manually, but should be automatically generated by software systems.

(9) To avoid implementation problems, standard forms should be established with consideration of the software systems in which they will be implemented. This includes data exchange systems, user interfaces that validate manual input, and publishing websites that present information in notices. Information should be presented in a way that attracts economic operators and other users.

(10) To enable implementation tailored to national specificities, significant flexibility should be left to Member States and their authorities in setting up their software systems. In particular, it should be possible to display fields established in this Regulation in any order and under any labels, as long as the labels’ meanings correspond with the descriptions established by this Regulation. In order to meet different needs at national, regional or local level, fields that this Regulation establishes as optional at the EU level, do not need to be displayed to end-users at all (e.g. buyers do not need to see them nor fill them in) or, on the contrary, may be required mandatorily at national, regional or local level.

(11) The date of application of this Regulation and the date of repeal of Implementing Regulation (EU) 2015/1986 should reflect the time required to prepare the electronic versions of the standard forms that are used for actual data exchange.

(12) To reflect developments in Member States’ needs and technologies in the area of procurement data, while also ensuring compliance with Article 52(2) of Directive 2014/24/EU, Article 72(2) of Directive 2014/25/EU and Article 32(5) of Directive 2009/81/EC, optional fields should be regularly added to this Regulation. The Commission will closely follow these developments, as well as collect other feedback from users, and annually review the need for an update of this Regulation. Such updates should not, unless unavoidable, imply mandatory changes of software systems in the Member States,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

1. This Regulation establishes the following standard forms:

(1) ‘Planning’

(2) ‘Competition’

(3) ‘Direct award prenotification’

(4) ‘Result’

(5) ‘Contract modification’

(6) ‘Change’

2. The standard forms referred to in paragraph 1 consist of the fields set out in the Annex.

Article 2

Usage

The standard forms referred to in Article 1 shall be used for the publication of the following notices in the

Official Journal of the European Union

(1) ‘Planning form’: for notices referred to in Articles 27(2), 28(3) and 48(1) of Directive 2014/24/EU; Articles 45(2), 67(1) of Directive 2014/25/EU and Articles 30(1) and 33(3) of Directive 2009/81/EC;

(2) ‘Competition form’: for notices referred to in Articles 48(2), 49, 75(1)(a), 75(1)(b) and 79(1) of Directive 2014/24/EU; Articles 67(2), 68, 69, 92(1)(a), 92(1)(b), 92(1)(c) and the first subparagraph of 96(1) of Directive 2014/25/EU; Article 31(1) and Article 31(3) of Directive 2014/23/EU and Articles 30(2) and 52(1) of Directive 2009/81/EC;

(3) ‘Direct award prenotification form’: for notices referred to in Articles 3a of Directive 89/665/EEC and 92/13/EEC;

(4) ‘Result form’: for notices referred to in Articles 50, 75(2) and 79(2) of Directive 2014/24/EU; Articles 70, 92(2) and the third subparagraph of 96(1) of Directive 2014/25/EU; Article 32 of Directive 2014/23/EU and Article 30(3) of Directive 2009/81/EC;

(5) ‘Contract Modification form’: for notices referred to in Article 72(1) of Directive 2014/24/EU; Article 89(1) of Directive 2014/25/EU and Article 43(1) of Directive 2014/23/EU.

(6) ‘Change form’: for changing or cancelling the notices listed above.

Article 3

Repeal

Implementing Regulation (EU) 2015/1986 is repealed with effect from 25 October 2023.

Article 4

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

It shall apply from 14 November 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 September 2019.

For the Commission

The President

Jean-Claude JUNCKER

(1)

OJ L 395, 30.12.1989, p. 33

(2)

OJ L 76, 23.3.1992, p. 14

(3)

OJ L 216, 20.8.2009, p. 76

(4)

OJ L 94, 28.3.2014, p. 1

(5)

OJ L 94, 28.3.2014, p. 65

(6)

OJ L 94, 28.3.2014, p. 243

(7) Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 (

OJ L 296, 12.11.2015, p. 1

(8) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2015) 550)

(9) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2017) 572)

ANNEX

Standard forms contain fields. A standard form with appropriate information in its fields is a notice.

Standard forms and notices use mandatory and optional fields.

(a) Mandatory fields shall be included in standard forms and notices, where they shall contain information, unless certain conditions are met (see below).

(b) Optional fields may be included in standard forms and notices, where they may contain information.

Formats and procedures for sending notices, as established under point three of Annex VIII to Directive 2014/24/EU, of Annex IX to Directive 2014/25/EU and of Annex VI to 2009/81/EC and point two of Annex IX to 2014/23/EU, shall include conditions under which mandatory fields are not applicable. These conditions shall exclusively take into account the context of a concrete notice or a procedure (for example, fields about framework agreements shall not be mandatory if a procedure does not include a framework agreement).

The formats and procedures for sending notices shall also set which fields are mandatory and optional for notices published in line with Article 51(6) of Directive 2014/24/EU, Article 71(6) of Directive 2014/25/EU and Article 31 of Directive 2009/81/EC.

Table 1 and Table 2, below, establish which fields are used in individual standard forms and notices.

INSTRUCTIONS FOR READING TABLE 1

The standard forms in column 1 use the fields referred to in column 2 (and listed in Table 2) when used for the publication of notices referred to in column 3. For better readability, column 4 contains descriptions of column 3. In addition, any standard form or notice may contain fields from the European Single Procurement Document established by the Commission Implementing Regulation (EU) 2016/7 (1).

Table 1

Forms, notices & fields

1	2	3	4
The standard form:	shall contain the fields listed in:	when used for the publication of notices referred to in:	(Notice description)
Planning	Table 2, column 1	Art. 48(1) of Directive 2014/24/EU	Notice of the publication of a prior information notice on a buyer profile — general directive
	Table 2, column 2	Art. 67(1) of Directive 2014/25/EU	Notice of the publication of a periodic indicative notice on a buyer profile — sectoral directive
	Table 2, column 3	Art. 30(1) third subparagraph of Directive 2009/81/EC	Notice of the publication of a prior information notice on a buyer profile — defence directive
	Table 2, column 4	Art. 48(1) of Directive 2014/24/EU	Prior information notice used only for information — general directive
	Table 2, column 5	Art. 67(1) of Directive 2014/25/EU	Periodic indicative notice used only for information — sectoral directive
	Table 2, column 6	Art. 30(1) of Directive 2009/81/EC	Prior information notice used only for information — defence directive
	Table 2, column 7	Art. 27(2) of Directive 2014/24/EU, Art. 28(3) of Directive 2014/24/EU	Prior information notice used to shorten time limits for receipt of tenders — general directive
	Table 2, column 8	Art. 45(2) of Directive 2014/25/EU	Periodic indicative notice used to shorten time limits for receipt of tenders — sectoral directive
	Table 2, column 9	Art. 33(3) of Directive 2009/81/EC	Prior information notice used to shorten time limits for receipt of tenders — defence directive
Competition	Table 2, column 10	Art. 48(2) of Directive 2014/24/EU	Prior information notice used as a call for competition — general directive, standard regime
	Table 2, column 11	Art. 67(2) of Directive 2014/25/EU	Periodic indicative notice used as a call for competition — sectoral directive, standard regime
	Table 2, column 12	Art. 75(1)(b) of Directive 2014/24/EU	Prior information notice used as a call for competition — general directive, light regime
	Table 2, column 13	Art. 92(1)(b) of Directive 2014/25/EU	Periodic indicative notice used as a call for competition — sectoral directive, light regime
	Table 2, column 14	Art. 31(3) of Directive 2014/23/EU	Prior information notice used as a call for competition — concessions directive, light regime
	Table 2, column 15	Art. 68 of Directive 2014/25/EU, Art. 92(1)(c) of Directive 2014/25/EU	Notice on the existence of a qualification system — sectoral directive
	Table 2, column 16	Art. 49 of Directive 2014/24/EU	Contract notice — general directive, standard regime
	Table 2, column 17	Art. 69 of Directive 2014/25/EU	Contract notice — sectoral directive, standard regime
	Table 2, column 18	Art. 30(2) of Directive 2009/81/EC	Contract notice — defence directive, standard regime
	Table 2, column 19	Art. 31(1) of Directive 2014/23/EU	Concession notice — concessions directive, standard regime
	Table 2, column 20	Art. 75(1)(a) of Directive 2014/24/EU	Contract notice — general directive, light regime
	Table 2, column 21	Art. 92(1)(a) of Directive 2014/25/EU	Contract notice — sectoral directive, light regime
	Table 2, column 22	Art. 52(1) of Directive 2009/81/EC	Subcontract notice — defence directive
	Table 2, column 23	Art. 79(1) of Directive 2014/24/EU	Design contest notice — general directive, design
	Table 2, column 24	Art. 96(1) first subparagraph of Directive 2014/25/EU	Design contest notice — sectoral directive, design
Direct award prenotification	Table 2, column 25	Art. 3a of Directive 89/665/EEC	Voluntary ex-ante transparency notice — general directive
	Table 2, column 26	Art. 3a of Directive 92/13/EEC	Voluntary ex-ante transparency notice — sectoral directive
	Table 2, column 27	Art. 64 of Directive 2009/81/EC	Voluntary ex-ante transparency notice — defence directive
	Table 2, column 28	Art. 3a of Directives 89/665/EEC and 92/13/EEC	Voluntary ex-ante transparency notice — concession directive
Result	Table 2, column 29	Art. 50 of Directive 2014/24/EU	Contract award notice — general directive, standard regime
	Table 2, column 30	Art. 70 of Directive 2014/25/EU	Contract award notice — sectoral directive, standard regime
	Table 2, column 31	Art. 30(3) of Directive 2009/81/EC	Contract award notice — defence directive, standard regime
	Table 2, column 32	Art. 32(2) (reference to Annex VII) of Directive 2014/23/EU	Concession award notice — concession directive, standard regime
	Table 2, column 33	Art. 75(2) of Directive 2014/24/EU	Contract award notice — general directive, light regime
	Table 2, column 34	Art. 92(2) of Directive 2014/25/EU	Contract award notice — sectoral directive, light regime
	Table 2, column 35	Art. 32(2) (reference to Annex VIII) of Directive 2014/23/EU	Concession award notice — concessions directive, light regime
	Table 2, column 36	Art. 79(2) of Directive 2014/24/EU	Design contest result notice — general directive, design
	Table 2, column 37	Art. 96(1) second subparagraph of Directive 2014/25/EU	Design contest result notice — sectoral directive, design
Contract modification	Table 2, column 38	Art. 72(1) of Directive 2014/24/EU	Contract modification notice — general directive
	Table 2, column 39	Art. 89(1) of Directive 2014/25/EU	Contract modification notice — sectoral directive
	Table 2, column 40	Art. 43(1) of Directive 2014/23/EU	Contract modification notice — concessions directive
Change	any other standard form and the Notice and Change sections from Table 2	changing any of the notices listed above	Change notice

INSTRUCTIONS FOR READING TABLE 2

— The first column contains information about the nesting of the field or section. Each field or section with a level of ‘++’, ‘+++’ and ‘++++’ is nested within the nearest section placed above it that has a lower number of ‘+’.

— The second and third columns contain the fields' (or sections') names and descriptions.

— The fourth column contains one of the following data types:

— ‘Indicator’: This field shall contain either ‘Yes’ or ‘No’.

— ‘Code’: This field shall contain values from a predefined list.

— ‘Date’: This field shall contain a date and more detailed time-related information (such as time and time zone), as appropriate.

— ‘Duration’: This field shall contain a duration.

— ‘Identifier’: This field shall contain a set of information allowing unique identification.

— ‘Number’: This field shall contain a number.

— ‘Text’: This field shall contain a text.

— ‘URL’: This field shall contain an electronic address, typically a uniform resource locator (e.g. a web address).

— ‘Value’: This field shall contain a number denoting a monetary value (without value added tax) and a currency code from a list of currency codes.

— ‘-’: This row represents a section. Fields are grouped in sections.

Formats and procedures for sending notices, as mentioned above, shall also specify the applicable codelists and identifiers.

Certain data types (e.g. Date, Duration, Identifier, Text, Value) may consist of multiple sub-fields.

— The remaining columns indicate which standard forms and notices use these fields as mandatory (‘M’) and optional (‘O’). The column headings 1-40 correspond to the numbers in the second column of Table 1 of this Annex.

TERMINOLOGY USED IN TABLE 2

— ‘Organisation’ refers to a legal or natural person or a public entity.

— ‘Buyer’ refers to a contracting authority, a contracting entity, a defence contractor, an international organisation, or an organisation awarding a contract subsidized by a contracting authority; unless the above mentioned are an association of organisations that is not an organisation in itself, in which case each individual organisation is considered a ‘buyer’.

— ‘Winner’ refers to a successful tenderer (incl. a successful tenderer party to a framework agreement) or (in case of design contests) a winner; unless the successful tenderer or winner are a group of organisations that is not an organisation in itself, in which case each individual organisation is considered a ‘winner’.

— ‘Procurement procedure’ refers to a procurement procedure or a design contest.

— ‘Tender’ refers to a tender or (in case of design contests) a project.

— ‘Request to participate’ refers to a request to participate or (in case of concessions) an application.

— ‘Prior information notice’ refers to a prior information notice or (in case of Directive 2014/25/EU) a periodic indicative notice.

— ‘TED’ (Tenders Electronic Daily) is the online version of the Supplement to the

Official Journal of the European Union.

Note: This table is available on the Commission website with additional information in an easier-to-read spreadsheet format.

Table 2

Fields in standard forms and notices

Version: 24.10.2019
Anzahl Änderungen: 0

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