Remaining implementation decrees for the new Public Procurement Law published in the nick of time

Remaining implementation decrees for the new Public Procurement Law published in the nick of time

After the date of entry into effect was set at 30 June 2017 via publication of the Royal Decree ("RD") on Awarding of Public Procurement Contracts in Classic Sectors of 18 April 2017, in recent weeks the legislature has been publishing the remaining implementation decrees at virtually breakneck speed in the Belgian Official Journal. Below you will find a list of these recently published Royal Decrees.

On Friday, 23 June 2017, the new RD on Awarding of Public Procurement Contracts in Special Sectors of 18 June 2017 was published in the Belgian Official Journal. Click here for the definitive published text.

Then, on 27 June 2017, the Royal Decree of 22 June 2017 amending the Royal Decree of 14 January 2013 defining the algemene uitvoeringsregels van de overheidsopdrachten en van de concessies voor openbare werken (AUR - general implementation rules for public procurement contracts and public works concessions) was published in the Belgian Official Journal. Amongst other things, this amendment entails that the provisions concerning concession contracts are deleted from this RD. Click here for the definitive published text.

Finally, on 29 June 2017, the RD on the awarding and general implementation rules for concession contracts of 25 June 2017 was published in the Belgian Official Journal. Click here for the definitive published text.

Contracts that are announced as of 30 June 2017 or for which an invitation to submit an offer or a request for participation is provided, fall within the scope of application of the following new regulatory framework:

  • Public Procurement Act of 17 June 2016
  • Concession Act of 17 June 2016
  • The amended Legal Protection Act of 16 February 2017
  • RD on Awarding of Public Procurement Contracts in Classic Sectors of 18 April 2017
  • RD on Awarding of Public Procurement Contracts in Special Sectors of 18 June 2017
  • RD amending the Royal Decree of 14 January 2013 determining the general implementation rules for public procurement contracts and public works concessions (AUR) of 22 June 2017  
  • RD on the awarding and general implementation rules for concession contracts of 25 June 2017.

The content of this package of new regulations will be explained in greater detail soon on our website.

We will continue to keep you informed about the evolutions concerning the implementing decree on the provisions concerning Management announced earlier (and yet to be published) by the Chancellery of the Prime Minister.

For more information on this topic, you can consult Geert Dewachter (author), Jan De Leyn (author) and Kris Lemmens (head of the Public Procurement and PPP unit).