Out-Law / Your Daily Need-To-Know

The European Commission on Friday published a document that explains and interprets two Directives on electronic procurement that were passed last year, to help Member States write compatible rules into their national laws.

The new regime is due to be implemented into national laws by the end of January 2006.

The Directives modernise and simplify EU procurement procedures and set out a coherent EU framework for the use of electronic public purchasing. The objective is to enable any business with a PC and an internet connection to bid for public contracts electronically anywhere in the EU.

The document offers replies to questions on the legal aspects of e-procurement. It also explains terminology to purchasers who will be required to computerise their orders.

According to the Commission, the document analyses the rules applicable to online communications from a practical and pragmatic point of view. It covers all stages of the contract award procedure that can be computerised, as well as the new instruments and purchase techniques.

The publication of this document is one of the actions envisaged by the "Action Plan for the implementation of the legal framework for electronic public procurement", adopted by the Commission in December 2004. The Action Plan aims to take all necessary steps over a three-year period to ensure that electronic public procurement in Europe is implemented as well as possible.

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