PPA proposal commentary

Help us choose the next section to cover for the TnT commentary

As we are drawing curtains on the European preference chapter of the proposed Public Procurement Act, we have a poll on Linkedin running for the next week to help us decide which section should fall under our legal scalpel. I think we chose some meaty options to keep us entertained

Article 75 - Union restrictions for third-country non-covered economic operators, goods, services and works

Article 75 appears to be a simple article, giving the European Commission the powers to adopt the necessary delegated acts to mandate the application of the European preference included in Article 73 in accordance with the conditions imposed by Article 141. What is optional and to the discretion of the

PPA proposal commentary

Article 74 - Origin

Article 74 appears to be a simple one at first glance, as it simply points towards different pieces of legislation where to identify the origin of economic operators, subcontractors and goods. For services and works it mostly follows the rules for economic operators/subcontractors and goods. Marko's entry

PPA proposal commentary

Article 73 - European preference requirements

Article 73 creates the operational requirements that public buyers are to consider when implementing European preference requirements. Effectively, this article allows but does not mandate the discrimination of economic operators, goods, services and works. This is an Article that requires a careful side-by-side reading with Articles 71 and

PPA proposal commentary

Article 72 - Restrictions on covered economic operators, goods, services or works

This article provides the Commission with wide ranging powers to introduce amendments to Article 70 via delegated acts, effectively excluding economic operators, goods, services or works from certain third-countries from being considered covered. As such, if the Commission were to exercise this power, for example, it could bar American

PPA proposal commentary

Article 71 - Determining the scope of coverage for third-country covered economic operators, goods, services or works

Article 71 establishes a barebones set of rules on how to determine the scope of coverage for third country economic operators, goods, services and works. It is composes of two main elements: an online tool to be developed by the Commission (paras 1 and 3) and an obligation for public

PPA proposal commentary

Article 70 - Covered economic operators, goods, services or works

Article 70 is the first article of Chapter 5, that is the chapter on European preference. This first article establishes which economic operators, goods, services or works are considered to be within from the Union (broadly considered) to warrant non-discrimination and equal treatment. In the absence of 'covered&

PPA proposal commentary

Starting the commentary to the Public Procurement Act proposal

As announced last week on Linkedin, myself and Marko Turudic will be commenting the Public Procurement Act proposal. This will be done in a similar fashion to the work me and Albert Sanchez-Graells did with the transposition of Directive 2014/24/EU to England, Wales and Northern Ireland. That