Law Amending The Law Of 15 June 2006 On Public Procurement And Some Markets Works, Supplies And Services And Public Procurement And Some Markets Works, Supplies And Services Act Of August 13, 2011 Dan

Original Language Title: Loi modifiant la loi du 15 juin 2006 relative aux marchés publics et à certains marchés de travaux, de fournitures et de services et de la loi du 13 août 2011 relative aux marchés publics et à certains marchés de travaux, de fournitures et de services dan

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15 MAI 2014. - An Act to amend the Act of 15 June 2006 relating to public procurement and certain contracts of work, supplies and services and the Act of 13 August 2011 relating to public procurement and certain contracts of work, supplies and services in the areas of defence and security (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
It partially transposes Directive 2012/27/EU of the European Parliament and Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, as well as Directive 2009/52/EC of the European Parliament and the Council of 18 June 2009 providing minimum standards for sanctions and measures against employers of third-country nationals in irregular stay.
Art. 2. In Article 17, § 1er, from the Act of June 15, 2006 on public procurement and certain contracts of work, supplies and services, as amended by the Act of August 5, 2011, the words "This Act does not apply to" are replaced by the words "Not subject to the application of this Act, with the exception of section 41/1, they".
Art. 3. In section 18 of the Act, as amended by the Act of 5 August 2011, the following amendments are made:
1° in paragraph 1er, the words "This Act does not apply" are replaced by the words "Not subject to the application of this Act except section 41/1";
2° in paragraph 1erfrom 1° to 6°, the words "to public markets" are replaced each time by the words "public markets".
Art. 4. In section 20 of the Act, as amended by the Act of 5 August 2011, a paragraph 1/1 is inserted as follows:
§ 1/1. Except as peremptory requirements of general interest, is excluded from market access, at any stage of the proceedings, any candidate or bidder for whom it is determined that he has held, as an employer, third-country nationals in illegal residence within the meaning of the law of 11 February 2013 providing for sanctions and measures against employers of third-country nationals in illegal residence.
This provision applies in the same way to the entity to which the candidate or bidder appeals when the capacity of that entity is determining for the selection of the candidate or bidder, as the case may be.
The exclusion of participation in public markets is valid for up to five years.
The King may determine exceptions for small markets below the amount it sets and may impose a maximum period of application of the exclusion and determine the terms and conditions to be followed in this respect. The duration of the exclusion cannot in any case exceed five years. "
Art. 5. In the same Act, an article 41/1 is inserted, which reads as follows:
"Art. 41/1. § 1er. The procuring power referred to in Article 2, 1°, (a) and the procuring powers referred to in Article 2, 1°, (c) whose activity is financed mainly by this first procuring power, or the management is subject to a control of that procuring power, that is more than half of the members of the administration, management or monitoring body are designated by that procuring power
For the purposes of this section, "acquisition of a building" means the rental and acquisition of real rights on a building.
The procuring powers to which paragraph 1 does not applyer, when they acquire the products, services and buildings to be fixed by the King, only acquire products, services and buildings with high energy performance.
The acquisition of high-performance energy products, services and buildings is subject to the condition that it be compatible with cost-effectiveness, economic feasibility, broad-based sustainability, technical adequacy and an adequate level of competition.
All procurement authorities examine, when they enter service markets, the possibility of entering into long-term energy performance contracts that ensure long-term energy savings.
§ 2. The King sets out the terms and conditions for the application of paragraph 1er. To this end, the King sets out, in particular, the minimum requirements for energy performance for the products, services and buildings it determines.
Invocation of the reasons referred to in paragraph 1er, paragraph 4, to justify the acquisition of products, services and buildings that are not at high energy performance, may also be subject by the King to an obligation of motivation. "
Art. 6. In section 55 of the Act, as amended by the Act of 5 August 2011, paragraph 1er is replaced by the following:
“Articles 5 to 11, 15, 17, 18, paragraph 1er, 1° to 5° and 2, 19, 20, with the exception of paragraph 1/1, 21, 22, 24, 25, 28 to 30, 32, paragraphs 1er 3, 5 and 6, 33, 35 to 41, 42 and 43 are also applicable to public markets covered by this title. "
Art. 7. Section 18 of the Act of 13 August 2011 on public procurement and certain contracts of work, supplies and services in the areas of defence and security, as amended by the Act of 1er December 2013, the following amendments are made:
1° in paragraph 1erthe words "with the exception of paragraph 3 and section 45" are replaced by the words "with the exception of paragraph 3 and 40/1 and 45";
2° in paragraph 2, the words "with the exception of section 45" are replaced by the words "with the exception of sections 40/1 and 45".
Art. 8. In the same Act, an article 40/1 is inserted, as follows:
"Art. 40/1. § 1er. The procuring power referred to in Article 2, 1°, (a) and the procuring powers referred to in Article 2, 1°, (c) whose activity is financed mainly by this first procuring power, or the management is subject to a control of that procuring power, that is more than half of the members of the administration, management or monitoring body are designated by that procuring power
For the purposes of this section, "acquisition of a building" means the rental and acquisition of real rights on a building.
The obligation referred to in paragraph 1er does not apply:
1° when its application conflicts with the nature and primary objective of the armed forces;
2° to military equipment supply markets referred to in Articles 3, 16° and 15, 1°.
Other procuring powers to which paragraph 1 does not applyer, when they acquire the products, services and buildings to be fixed by the King, only acquire products, services and buildings with high energy performance.
The acquisition of high-performance energy products, services and buildings is subject to the condition that they are compatible with cost-effectiveness, economic feasibility, broad-based sustainability, technical adequacy and an adequate level of competition.
All procurement authorities examine, when they enter service markets, the possibility of entering into long-term energy performance contracts that ensure long-term energy savings.
§ 2. The King sets out the terms and conditions for the application of paragraph 1er. To this end, the King sets out, in particular, the minimum requirements for energy performance for the products, services and buildings it determines.
The King may impose an obligation to justify the acquisition of goods, services and buildings that are not at high energy performance by invoking the reasons mentioned in paragraph 1erparagraph 3, paragraph 1 and paragraph 1er, paragraph 5, and may also impose an obligation of motivation. "
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
Deputy Prime Minister and Minister of Defence,
P. DE CREM
Deputy Prime Minister, Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Minister of Employment,
Ms. M. DE CONINCK
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Documents of the House of Representatives:
53-3401 - 2013/2014:
001: Bill.
002: Amendments.
003: Report.
004: Text adopted by commission.
005: Text adopted in plenary and transmitted to the Senate.
Full report: 2 in 3 April 2014.
Documents of the Senate:
5-2314 - 2012/201:
No. 1: Project not referred to by the Senate.