Part VI – Transparency and governance
Title I – Data spaces
Article 134
National Public Procurement Data Spaces
1.Each Member State shall establish or designate a National Public Procurement Data Space (‘NPPDS’) as the central national data access point for procurement information related to the public procurement and contract life-cycle and other related national procurement information covered by this Regulation and shall act as the Member State’s contact point to the Public Procurement Data Space pursuant to Article 135.
2.Each Member State shall designate the authority or authorities responsible for the operation of the NPPDS referred to in paragraph 1 (‘the NPPDS authority’).
The NPPDS shall be established in the EEA, shall be owned and controlled by natural or legal persons that are established in the EEA and no natural or legal person, established in a third country, shall exercise, directly or indirectly, decisive influence over the NPPDS. Procurement information shall be stored within the EEA.
3.The NPPDS authority shall ensure that the following procurement information is made available through the NPPDS:
(a)procurement information relating to procurement procedures above the thresholds referred to in Article 2, corresponding to the public summaries specified in the implementing act adopted pursuant to Article 110;
(b)procurement information relating to procurement procedures below the thresholds referred to in Article 2, where this procurement information is provided in the format corresponding to public summaries specified in the implementing act adopted pursuant to Article 110; and
(c)procurement information relating to public contracts awarded based on the exclusions pursuant to Articles 80, 81, 83 and 84 in particular information on the organisations relevant to the contract, the purpose and result of the contract as well as a justification for the exclusion.
The procurement information referred to in point (a) and (b) shall be made available through the NPPDS at the same time as it is made available at the Union level or where it is not made available at the Union level, at the same time as it is made available at national level. The procurement information referred to in point (c) shall be made available within 20 days after contract conclusion and contract completion, respectively.
4.The NPPDS authority shall ensure that procurement information from concluded contracts and from completed contracts with a value of at least EUR 10 000, where the preceding procurement would have been covered by this Regulation if its value had exceeded the relevant threshold laid down in Article 2 is made available through the NPPDS. It shall include information on the organisations relevant to the contract and the purpose and result of the contract.
The information shall be made available through the NPPDS no later than 20 days after contract conclusion and contract completion, respectively.
5.The NPPDS authority shall ensure that the following information is made available through the NPPDS:
(a)information on participants in the procurement procedure, including on the outcome of their participation;
(b)information on subcontractors and ancillary service providers;
(c)procurement detail, tenders, contracts and handover documents;
(d)information on budget, including information on EU funds;
(e)information on contracts and on individual payments;
(f)information that is relevant for the assessment of the compliance by public buyers with this Regulation;
(g)information relevant for the assessment of the extent to which public buyers pursue strategic procurement objectives such as environmental, social or innovation objectives, and of their contribution to the attainment of those objectives;
(h)information on the participation of SMEs in public procurement;
(i)information relating to risk factors in public procurement, including corruption, fraud, collusion, or unfair competition practices;
(j)information on the functioning of national review systems; and
(k)information on the functioning of national procurement markets below and above the thresholds, including information on national, cross-border and third country participation including origin of goods and information on beneficial ownership.
The procurement information shall be made available through the NPPDS as soon as possible, but not later than 20 days after the occurrence of the respective information Where the information is related to an ongoing review procedure, it shall be made available through the NPPDS 20 days from the conclusion of the respective review procedure.
6.The procurement information shall be considered to be available only once it has been validated according to the technical validation requirements set up by the Union. Upon successful validation, the NPPDS shall transmit a validation confirmation to the entity that made the procurement information available. The procurement information shall remain available through the NPPDS for at least ten years from the date it has been made available.
7.The Commission is empowered to adopt delegated acts in accordance with Article 141, specifying further categories of procurement information to be made available to the NPPDS.
8.The Commission is empowered to adopt implementing acts in accordance with Article 143(2) specifying the procurement information which shall be made available through the NPPDS as well as its technical format, the designation and modalities of such designation of specific procurement information as publicly or not publicly available procurement information , the source of the technical validation requirements according to paragraph 7, as well as establishing the connection of public summaries and the sequencing of specific information contained in multiple public summaries, and establishing requirements for public buyers to reuse information already provided in a public summary as well as requirements for eProcurement service providers to provide a corresponding reuse service.
Where procurement information is not designated as publicly available, Member States shall ensure that certain categories of users such as public buyers, competition authorities, courts of auditors and national Financial Intelligence Units have direct and comprehensive access rights corresponding to their respective needs and purposes.
9.Member States shall establish rules ensuring the complete, correct and timely provision of access to procurement information for the NPPDS in accordance with to this Regulation, as well as rules providing for data governance that assign clear responsibilities for the management and use of the available procurement information, including access for the user categories set out in paragraph 10. Member States may also establish rules assigning the obligation to provide procurement information to the NPPDS to specific legal entities, including rules regarding the provision by or retrieval of procurement information from other national databases. Member States shall impose effective, proportionate and dissuasive fines in respect of infringements related to the obligation to provide access to procurement information. Member States shall communicate these rules to the Commission within 12 months of the adoption of this Regulation.
10.Where a Member State so requests it, the Commission shall provide the Member States with the source code of the Public Procurement Data Space for purpose of setting-up the NPPDS.
Article 135
Public Procurement Data Space
1.The Public Procurement Data Space (the ‘PPDS’) established by the Commission and built on the eProcurement ontology and the Findability, Accessibility, Interoperability, and Reuse of digital assets (FAIR) principles, shall be a central repository of procurement information originating from all NPPDS for the monitoring of public procurement procedures and contracts at Union level.
2.Member States shall provide procurement information available through the NPPDS to the PPDS within ten days from availability of the procurement information pursuant to Article 134.
The procurement information shall be considered to be received only once it has been validated according to the technical validation requirements set up by the Union. To this end, the NPPDS shall receive a confirmation of the validation. The procurement information shall remain available to the PPDS at least ten years from the date it has been made available.
3.The Commission is empowered to adopt implementing acts specifying the procurement information which shall be provided by the Member States through the PPDS including its technical format, the minimum publication terms for procurement information not designated as publicly available and the source of the technical validation requirements according to paragraph 2.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 143(2).
4.Access to procurement information that is not designated as publicly available shall be restricted to persons having the necessary access rights granted by the Commission. Where a Member State requests access rights for a national public authority to procurement information from another Member State, it shall obtain access rights only once the other Member State approves the access.
5.The Commission may grant access to the PPDS to Union institutions within the meaning of Article 2, point (73) of Regulation (EU, Euratom) 2024/2509, Executive Agencies and Union bodies within the meaning of Articles 68, 69 and 70 of that Regulation, to the European Public Prosecutors Office, to the European Anti-Fraud Office and to the European Central Bank, corresponding to their respective needs and purposes.
Article 136
PPDS data exchange
1.The Commission shall establish a data exchange for the management of access to PPDS and NPPDS procurement information.
2.The Commission shall manage the data exchange and shall ensure that procurement information is exchanged securely. To this end, the Commission may adopt implementing acts in accordance with the advisory procedure referred to in Article 143(2) specifying the following implementation arrangements of the data exchange pursuant to Union law:
(a)technical information on the connection to the data exchange;
(b)data format and structure including configuration and syntax;
(c)semantic repository;
(d)interoperability requirements;
(e)scalability and performance;
(f)security and accountability requirements;
(g)data ownership and access management;
(h)organisational and technical measures for processing personal data;
(i)arrangements to tackle inappropriate or fraudulent use of the data exchange;
(j)availability of the data exchange and data; and
(k)interconnections made via the data exchange, such as to the NPPDS.
Title II – Governance
Article 137
Monitoring of the performance of public procurement markets
1.Member States shall monitor and assess the performance of their public procurement systems, on the basis of the data in their NPPDS. They shall identify potential shortcomings and possible improvements, thereby supporting the continuous enhancement of their public procurement system.
Member States shall as a minimum:
(a)assess the barriers to competition and access to procurement opportunities, in particular for SMEs;
(b)identify and assess the main vulnerabilities and risks affecting the integrity and efficiency of the public procurement system;
(c)assess the application of security, resilience and European preference mechanisms, including identifying any indications of circumvention by economic operators for the latter;
(d)evaluate progress in achieving the strategic procurement objectives, including environmental, social and innovation considerations;
(e)monitor the performance, adjustments and modifications of large infrastructure projects and long-running contracts such as concessions.
The results of the assessment referred to in the second subparagraph shall be made publicly available through appropriate means of information, at least once a year.
Where structural shortcomings have been identified, the measures to address them shall be underpinned by Member States developing and implementing a comprehensive, country‑specific action plan.
2.Every three years, Member States shall report to the Commission on the results of the assessment and, where the structural shortcomings are identified, on the measures taken, planned or envisaged to address those shortcomings, with the first report due by … [OP please insert the date three years after the entry into force of this Regulation].
3.The Commission shall monitor and analyse the functioning of public procurement in the Union, in particular the competition in procurement markets, on the basis of the data in the Public Procurement Data Space. The Commission shall every three years provide an analysis of the public procurement system across the Union.
Article 138
National coordinating authority
1.Each Member State shall designate one authority, body or structure as national coordinating authority for the purposes of this Regulation.
2.The national coordinating authority shall:
(a)ensure effective coordination among the national authorities responsible for carrying out the tasks and exercising the powers provided for under this Regulation;
(b)facilitate cooperation and the exchange of information between those authorities;
(c)make available standardised contract documents, guidance or advice for large infrastructure projects and long-running contracts such as concessions, including guidance, methodologies or model provisions relating to risk allocation and financial adjustment mechanisms;
(d)act as the single contact point for the Commission, the competent authorities of other Member States and, where appropriate, relevant stakeholders in matters relating to this Regulation.
Member States may provide that modifications of large infrastructure projects and long-running contracts such as concessions involving an increase in the value exceeding 50 % of the value of the initial contract shall be subject to a structured and transparent prior review procedure by the national coordinating authority.
3.The designation of a national coordinating authority pursuant to paragraph 1 shall not affect the allocation of tasks and powers among competent authorities under national law.
4.Member States shall notify the Commission of the national coordinating authority designated pursuant to paragraph 1 and of any subsequent changes thereto.
Article 139
Professionalisation and capacity building
1.Member States shall ensure that the professionalisation of public procurement is a long-term and strategic element of public governance by taking appropriate measures, including institutional, organisational, financial and human resources arrangements.
2.The measures adopted pursuant to this Article shall support the professionalisation of public buyers throughout the public procurement cycle.
3.In addition, Member States shall promote measures to enhance the ability of economic operators to effectively participate in public procurement procedures, in particular SMEs, as well as measures supporting other actors contributing to the functioning of the public procurement system, such as oversight authorities.
4.Member States shall adopt, implement and periodically update a national strategy for the professionalisation of public procurement. The strategy shall include at least the objectives, measures and appropriate monitoring arrangements for the development of the skills and competencies of public buyers at national, regional and local level.
5.Member States shall review and update the strategy in light of paragraph 6.
6.Member States shall ensure that appropriate support structures are available to public buyers throughout the public procurement cycle, at national, regional and local level, with particular attention to public buyers with limited administrative capacity.
These support structures shall provide to public buyers guidance, advice, assistance and other capacity-building measures, in particular in relation to:
(a)procurement planning and needs assessment;
(b)market engagement and dialogue with economic operators;
(c)risk assessment and risk management;
(d)integrity, transparency and the prevention of conflicts of interest, fraud and corruption;
(e)the preparation and conduct of procurement procedures;
(f)sustainable, innovation and strategic procurement;
(g)contract management and performance monitoring;
(h)collection and dissemination of good practices;
(i)digitalisation and use of electronic procurement systems and data;
(j)supply chain management and resilience.
7.The support structures may also provide guidance, advice, assistance and other capacity-building measures to economic operators, in particular SMEs, with a view to facilitating their access to public procurement, as well as to other actors contributing to the functioning of the public procurement system.
8.The Commission shall assist Member States in their efforts to strengthen the professionalisation of public procurement, including by promoting cooperation between national support structures, the exchange of knowledge and good practices, peer learning, the use of capacity-building tools and, where appropriate, the development of additional measures.
9.Member States shall monitor and assess the implementation and effectiveness of the measures adopted pursuant to this Article, including their impact on the performance of the public procurement system, and shall report as part of the reporting referred to in Article 137(2).
Article 140
Integrity governance
1.Public buyers shall take appropriate, proportionate, and effective measures to combat fraud, favouritism, collusion, and corruption, and to effectively prevent, identify, and remedy conflicts of interest arising in the conduct of procurement procedures and in the execution of public contracts. Those measures shall be designed to avoid any distortion of competition, to ensure the transparency of the procedure, and to guarantee the equal treatment of all economic operators originating from the Union and covered economic operators in accordance with Article 70(1) participating in the procurement procedure.
2.To support the measures referred to in paragraph 1 of this Article, public buyers shall use, before award and where relevant during contract execution, appropriate data-based risks analysis tools, such as Arachne+ or an equivalent tool made available at national level, to prevent and detect irregularities, fraud, collusion, corruption and conflict of interest. Member States shall ensure that the tools referred to in the first sentence are effectively accessible to public buyers and, where appropriate, interoperable with the National Public Procurement Data Spaces referred to in Article 134.
3.Where the use of the tools referred to in paragraph 2 of this Article identifies a high-risk pattern, including indications of collusion, conflicts of interest or other integrity risks, the public buyer shall record in the individual documentation pursuant to Article 109 appropriate measures taken to remedy the situation or explain why no such measures were considered necessary.
Where, in accordance with paragraph 2 of this Article, a public buyer identifies a high risk of irregularities, all procurement personnel involved in the preparation, evaluation, or award of the public contract shall be required to complete and submit an electronic integrity declaration. The public buyer shall take appropriate measures to remedy any irregularities that it has identified and recorded in the individual documentation pursuant to Article 109 the follow-up carried out.