Once a decision is reached on how a project will be carried out from a public procurement point of view, and the preparation of the tender documentation is advanced, national authorities and contracting entities can notify the Commission of infrastructure projects whose total estimated value exceeds €500 million, or are of otherwise high importance.
We can provide an assessment on whether the procurement plan complies with EU procurement rules, without prejudice to any future legal interpretation or assessment.
While the helpdesk is available for specific questions, the notification mechanism covers the broader procurement plan, for example:
- whether the project will use a build, a design-build or a design-build-operate contract
- whether the project will be executed through many separate tenders and which procurement procedures will be used
- how procurement for a cross-border project will be carried out
National authorities and contracting entities can notify the Commission of the overall procurement plan of the project and/or specific issues of decisive importance to the whole project.
To ensure effective treatment of notifications, authorities can raise specific issues linked to one of the tenders, but they should not notify us of each individual call for tender.
Organisations can also notify the Commission of their proposal for specific contract amendments, or of any substantial changes to a previous notification that might have a bearing on the outcome of an assessment, e.g. changing a public procurement procedure from a standard to an exceptional procedure.
To submit a notification, an ‘EU login’ is required.
Example of a notification: future construction of a railway line
The authorities have decided to split the project into 3 sections of approximately 50 km each. They will be tendered out separately, for construction and maintenance, under the utilities procurement framework.
The authorities want to check that this approach is in line with the EU procurement rules, and notify this plan to the Commission. This notification will need to include information on the procurement procedures to be used to award the contracts for the 3 lots, the planning of the procurement process, the envisaged timing, the advertising and information process, etc.
The contracting entity can indicate specific issues needing particular attention such as the definition of the award criteria in the technical specifications for the first segment.
If the contracting entity plans to modify a contract, it might want to receive an assessment from the Commission services that their plan is compliant with EU rules. In this case, the contracting entity could notify this modification to the Commission.