Commission Implementing Regulation (EU) 2022/2303 of 24 November 2022 amending Implementing Regulation (EU) 2019/1780 establishing standard forms for the publication of notices in the field of public procurement (Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

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 ¹, and in particular Article 32(1), Article 52(2) and Article 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 ², 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 ³, and in particular Article 51(1), Article 75(3) and Article 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 ⁴, and in particular Article 71(1), Article 92(3) and Article 96(2), first subparagraph, thereof,

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 ⁵, 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 ⁶, and in particular Article 3a thereof,

After consulting the Advisory Committee on Public Procurement,

Whereas:

• (1) Commission Implementing Regulation (EU) 2019/1780 ⁷ establishes the standard forms (eForms) for the publication of notices in the field of public procurement. It is to replace Commission Implementing Regulation (EU) 2015/1986 ⁸ in order to adapt the standard forms set out in that Regulation to the digital transformation.

• (2) In order to assist the Member States in their reporting obligations under Directive 2009/33/EC of the European Parliament and of the Council ⁹, the Commission is to publish certain information on clean vehicles by monitoring the relevant data available through the Tenders Electronic Daily (TED) database in accordance with Directives 2014/24/EU and 2014/25/EU. In light of the recent amendments to Directive 2009/33/EC ¹⁰, there is a need for more detailed information in the award notices. Such information will enable comprehensive reporting on low- and zero-emission vehicles and other alternative fuels vehicles, thus facilitating the monitoring activities under TED and the reporting of Members States. The standard forms should therefore be adapted to include additional optional fields for the category of vehicle, the applicable legal reference and an indicator to confirm whether the procedure falls under the scope of Directive 2009/33/EC.

• (3) To ensure policy alignment of the standard forms with the Union environmental objectives and in the interest of clarity and consistency of reporting, taking into account the needs of the Members States, the field for Green Procurement should be updated and the field for Innovative Procurement should be simplified.

• (4) The standard forms should also be adjusted and improved in some aspects that were identified by the Member States and the Commission during the process leading to the adoption of Implementing Regulation (EU) 2019/1780, such as the description of certain business terms and the application of such terms.

• (5) In order to allow for a smooth technical transition, Member States need time to prepare for the use of the new standard forms. To clarify that, for a certain period of time, both the standard forms established by Implementing Regulation (EU) 2015/1986 and those established by Implementing Regulation (EU) 2019/1780 may be used, transitional provisions should be set out. For reasons of legal certainty, the date of repeal of Implementing Regulation (EU) 2015/1986 should be aligned to the date of application of Regulation (EU) 2019/1780.

• (6) Implementing Regulation (EU) 2019/1780 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2019/1780 is amended as follows:

• (1) Article 3 is replaced by the following:

‘Article 3

Repeal

Implementing Regulation (EU) 2015/1986 is repealed with effect from 14 November 2022.’;

• (2) The following Article 3a is inserted:

‘Article 3a

Transitional provision

From 14 November 2022 to 24 October 2023, both the forms established by this Regulation and those established by Implementing Regulation (EU) 2015/1986 may be used for the publication of notices in the Official Journal of the European Union.’;

• (3) The Annex is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 24 November 2022.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

In the Annex, table 2 is replaced by the following:

‘Table 2

Fields in standard forms and notices