Regulation 51 – Form and manner of sending notices for publication at EU level

Commentary

Regulation 51 PCR2015 establishes the rules controlling the form and manner of sending notices for publication at EU level, which are coincidental with those imposed by Article 51 of Directive 2014/24/EU, despite being significantly shorter. The omitted parts of Article 51 of Directive 2014/24/EU concern the obligations of the European Commission and the  Publications Office of the European Union and, consequently, there is no shortcoming in the transposition due to these omissions.

Regulation 51(1) PCR2015 indicates that the notices required by Regulations 48, 49, 50, 72, 75 and 79 to be sent for publication in accordance with this regulation shall be sent by electronic means to the EU Publications Office and in compliance with the relevant EU templates. Given the importance of publication prior to the conduct of the tender procedure, contracting authorities shall ensure that they are able to supply proof of the dates on which notices are sent to the EU Publications Office for publication (Regulation 51(2)). To that effect, if the EU Publications Office has given the contracting authority confirmation of the receipt of the notice and of the publication of the information sent, indicating the date of that publication, said confirmation shall constitute proof of publication (Regulation 51(3)). Finally, Regulation 51(4) PCR2015 foresees that contracting authorities may send notices in respect of public contracts to the EU Publications Office for publication even where they are not required by Part 2 PCR2015 to do so, provided that the notices are sent by electronic means.

Proposed citation: Albert Sanchez-Graells & Pedro Telles, (2016) Commentary to the Public Contracts Regulations 2015, available at: www.pcr2015.uk.

Last modified: September 5, 2016 by Pedro Telles

51.—(1) The notices required by regulations 48, 49, 50, 72, 75 and 79 to be sent for publication in accordance with this regulation (and any corrigenda to those notices)—

(a) shall be sent by electronic means to the EU Publications Office for publication; and

(b) shall be in the format of the relevant standard forms set out in Commission Implementing Regulation (EU) 2015/1986 (a) as amended from time to time.

(2) Contracting authorities shall ensure that they are able to supply proof of the dates on which notices are sent to the EU Publications Office for publication.

(3) Where the EU Publications Office has given the contracting authority confirmation of the receipt of the notice and of the publication of the information sent, indicating the date of that publication, that confirmation shall constitute proof of publication.

(4) Contracting authorities may send notices in respect of public contracts to the EU Publications Office for publication even where they are not required by this Part to do so, provided that the notices are sent by electronic means.

(a) OJ No L 296, 12.11.2015, p.1.