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5 AOUT 2011. - An Act to amend the Act of 15 June 2006 on public procurement and certain contracts of work, supplies and services

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It partially transposes:
1° Directive 2004/17/EC of the European Parliament and the Council, of 31 March 2004, coordinating procurement procedures in the water, energy, transport and postal services sectors;
2° Directive 2004/18/EC of the European Parliament and the Council of 31 March 2004 on the coordination of procedures for the procurement of public works, supplies and services.
Art. 2. In the Dutch text of Article 2 of the Law of 15 June 2006 on public procurement and certain contracts of work, supplies and services, the following amendments are made:
1° to 1°, d, the word "rechtspersonen" is replaced by the word "personen";
2° to 4°, second dash, the words "overheidsopdrachten gunt of raamovereenkomsten sluit" are replaced by the words "overheidsopdrachten of raamovereenkomsten plaatst";
3° the article is completed by the 6°, 7°, 8°, 9°, 10°, 11° and 12° written as follows:
"6° candidate: the contractor, supplier or service provider who submits an application for participation for selection in a contract, a list of selected candidates or a qualification system;
7° request for participation: the written and express demonstration of a candidate for selection in a market, a list of selected candidates or a qualification system;
8° selection: the decision of a procuring authority on the choice of candidates or bidders on the basis of the right of access and qualitative selection;
9° selected candidate: the candidate selected during the selection;
10° Bidder: Contractor, supplier, service provider or selected candidate who delivers an offer for a market;
11° offers: the bidder's commitment to execute the contract on the basis of market documents and the conditions it presents;
12° adjudicator: the bidder with which the contract is concluded. »
Art. 3. In section 3 of the Act, the following amendments are made:
1° to 6°, the word "interested" is inserted between the words "service provider" and the word "may";
2° 8° is replaced by the following:
"8° procedure negotiated with advertising: the procurement procedure to which any contractor, supplier or service provider may request participation, in which only the selected candidates may present an offer, the market conditions that may then be negotiated with the bidders. For markets that do not reach the amount set for European advertising, the King may provide that any interested contractor, supplier or service provider may issue an offer; »;
3° to 9°, the word "interested" is inserted between the words "service provider" and the word "can";
4° to 13°, the words "to the special specifications" are replaced by the words "to the market documents";
5° to 15°, the word "finished" is repealed and, in the Dutch text, the word "gunnen" is replaced by the word "plaatsen";
6° the article is completed by the 16°, 17°, 18°, 19°, 20°, 21° and 22° written as follows:
"16th award of the contract: the decision taken by the procuring authority or the public undertaking designating the successful bidder;
17th conclusion of the market: the birth of the contractual relationship between the procuring power or the public enterprise and the procuring entity;
18° Common Vocabulary for Public Procurement: the reference nomenclature applicable to public procurement, adopted by Regulation (EC) No. 2195/2002, abbreviated CPV;
19° written or in writing: any set of words or figures that can be read, reproduced, then communicated. This set may include information transmitted and stored by electronic means;
20° electronic means: a means using electronic processing equipment, including digital compression, and data storage, and using diffusion, transmission and receipt by wire, radio, optical means or other electromagnetic means;
21° market documents: market documents, including all complementary documents and other documents to which they refer. They shall include, where appropriate, the notice of contract, the special specifications containing the specific conditions applicable to the market and the agreement signed by the parties. In case of project competitions, these documents are referred to as competition documents and in case of public works concessions, documents of the concession;
22° lot: the subdivision of a market likely to be assigned separately, in principle for a separate execution. »
Art. 4. In section 4 of the Act, the following amendments are made:
1° to 1°, the words "a procuring entity" are replaced by the words "one or more procuring entities";
2° 1°bis is inserted, as follows:
"1°bis candidate, application for participation, selection, candidate selected, bidder, offer and bidder: the concepts with the same scope as those defined in article 2, 6° to 12°, with the exception of the fact that it is used by a procuring entity within the meaning of article 2, 3°; »;
3° the article is completed by a 7° written as follows:
"7° market allocation, market conclusion, Common Vocabulary for Public Procurement, written or in writing, electronic means, market documents and lot: the same concepts as those defined in Article 3, 16° to 22°, with the exception that it is used by a procuring entity within the meaning of Article 2, 3°. »
Art. 5. In the Dutch text of article 5, paragraph 2, of the same law, the words "na onderzoek van het toegangsrecht, de kwalitatieve selectie" are replaced by the words " na verificatie van het toegangsrecht, kwalitatieve selectie".
Art. 6. In section 6 of the Act, the following amendments are made:
1° paragraph 1^er is replaced by the following:
« § 1^er. Public markets have gone through.
The lump-sum nature of public procurement is not an obstacle to the revision of prices based on specific economic or social factors.
The revision must meet the evolution of prices of the main components of the return price. The King sets out the terms and conditions of the revision and may make it mandatory for markets that reach certain amounts or delivery times that He sets.
If the contractor, supplier or service provider uses subcontractors, the contractors must, where appropriate, be subject to the revision of their prices in accordance with the terms and conditions to be determined by the King and to the extent appropriate to the nature of the benefits they perform. »;
2° in the Dutch text of paragraph 2, the word "ggund" is replaced by the word "gplaatst".
Art. 7. In Article 7, paragraph 1^er, in the same law, the words "contract" are replaced by the words "market documents".
Art. 8. In the Dutch text of Article 8, § 1^er, from the same law, the word "gunning" is replaced by the word "plaatsing".
Art. 9. In section 9, paragraph 2, of the Act, the following amendments are made:
1° the words "of the contract" are replaced by the words "of the said market";
2° in the Dutch text, the word "toewijzen" and the second mention of the word "overeenkomst" are replaced respectively by the words "sluiten" and "opdracht".
Art. 10. In section 11 of the Act, the following amendments are made:
1° in the Dutch text of paragraph 1^er, the word "gunning" is replaced by the word "plaatsing";
2° Paragraph 2 is replaced by the following:
"The procuring authority may impose requirements to protect the confidential nature of the information it provides to candidates and bidders. »;
Paragraph 3 is repealed.
Art. 11. In the Dutch text of article 13 of the same law, the word "gunnen" is replaced by the word "plaatsen".
Art. 12. In the Dutch text of article 14 of the same law, the words "aan derden gunt" are replaced by the words "bij derden plaatst".
Art. 13. In the Dutch text of article 16 of the same law, the word "ggund" is replaced by the word "gplaatst".
Art. 14. Section 17 of the Act is replaced by the following:
“Art. 17. § 1^er. This Act does not apply to public contracts governed by:
1° of the rules of specific procedures pursuant to an international agreement concluded in accordance with the Treaty on the Functioning of the European Union, with one or more third countries to the European Union, covering works or supplies intended for the joint realization or operation of a work or services or competitions intended for the joint realization or operation of a project by the signatory States;
2° of the rules of specific procedures pursuant to an international agreement concluded in relation to the parking of troops and concerning companies of a Member State or a third country;
3° the specific procedure of an international organization.
§ 2. This Act does not apply to public contracts subject to the application of the Public Procurement Act of 13 August 2011 and to certain contracts of work, supplies and services in the areas of defence and security. »
Art. 15. Section 18 of the Act is replaced by the following:
“Art. 18. This Act does not apply:
1° to public procurement of services awarded by a procuring authority to another procuring authority or an association of procuring authorities, on the basis of an exclusive right to which they benefit under published legislative, regulatory or administrative provisions and compatible with the Treaty on the Functioning of the European Union;
2° to public procurement of services for the purpose of acquiring or leasing, regardless of financial terms, land, existing buildings or other immovable property or for rights to such property. However, financial services provided concurrently, prior to or consecutively to the acquisition or lease contract, in any form, are subject to this Act;
3° to public financial services markets relating to the issuance, purchase, sale and transport of securities or other financial instruments, as well as services provided by central banks;
4° to public markets for research and development services. The law is, on the other hand, applicable to public markets whose fruits belong exclusively to the procuring power for its use in the exercise of its own activity and whose service delivery is fully paid by the procuring authority;
5° to public procurement for arbitration and conciliation services;
6° to public markets relating to the acquisition, development, production or co-production of programs by broadcasting organizations and those relating to broadcast times.
This Act also does not apply to employment contracts. »
Art. 16. In section 20 of the Act, the following amendments are made:
1° paragraph 2 is supplemented by the following sentence:
"The King may derogate from this principle for small markets less than an amount fixed by him. »;
2° the same article, whose current text will form paragraph 1^er, is supplemented by paragraph 2 as follows:
“§2. The King rules the consequences on the offer introduced by a natural person in the case of the substitution of that person by a legal person in the course of the proceedings. It can impose on these persons a joint responsibility. »
Art. 17. In section 21 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "European Community" are replaced by the words "European Union";
2° in paragraph 2, the words "the special specifications note, may provide for a contrary provision" are replaced by the words "another market document, may provide for a broader provision. »
Art. 18. In section 22 of the Act, the following amendments are made:
1° in paragraph 1^erParagraph 1^erand in paragraph 2, paragraph 1^erthe words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
2° in paragraph 1^er, paragraph 2, the words "the special specifications notebook" are replaced by the words "another market document".
Art. 19. In the Dutch text of section 23 of the same law, the word "ggund" is replaced by the word "gplaatst".
Art. 20. In article 24, paragraph 1^er, from the same law, the words "to assign" are replaced by the words "to pass".
Art. 21. In section 25 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "to assign" are replaced by the words "to pass";
2° in paragraph 2, the words "in the special specifications note" are replaced by the words "in another market document".
Art. 22. In section 26 of the Act, as amended by the Royal Decree of 19 December 2010, the following amendments are made:
1° in paragraph 1^erthe following amendments are made:
(a) in the introductory sentence of the Dutch text, the word "ggund" is replaced by the word "gplaatst";
(b) in 1°, (b), the second sentence is repealed;
(c) in 1°, d, the words "adjudication or a call for tenders" are replaced by the words "open or restricted procedure";
(d) in 1°, e, paragraph 1^er, the words "adjudication, a call for tenders" are replaced by the words "open or restricted procedure";
e) in the Dutch text of 1°, f, the word "toevertrouwd" is replaced by the word "ggund";
(f) in 2°, a, the word "pasts" is replaced by the word "assigned";
(g) in the Dutch text of paragraph 1^er, 2°, b, the second mention of the word "ggund" is replaced by the word "gplaatst" and the word "toewijzing" by the word "sluiting";
(h) in 3°, c, the words "the amounts fixed for European advertising" are replaced by the words "the amount fixed for European advertising";
2° in paragraph 2, the following modifications are made:
(a) in the introductory sentence of the Dutch text, the word "ggund" is replaced by the word "gplaatst";
(b) in 1°, a, the words "adjudication, a call for tenders" are replaced by the words "open or restricted procedure";
(c) in the Dutch text of paragraph 2, 1°, c, the word " voorbehouden" is replaced by the word "greserveerd";
(d) at 3°, the words "allocation" are replaced by the words "passion";
(e) the paragraph shall be supplemented by a 4th word:
"4° in the case of a public market with the purpose of the services referred to in Schedule II, B, of this Act. »
Art. 23. Article 27, paragraph 1^erthe same Act is amended to read:
"The procuring power can only use the competitive dialogue procedure in the case of a particularly complex market when it:
1° is objectively not able to define the technical means to meet its needs or to assess what the market can offer in terms of technical, financial or legal solutions, and
2° considers that the use of open or restricted proceedings will not allow the market to be passed. »
Art. 24. Section 28 of the Act is supplemented by a paragraph written as follows:
"As long as it is necessary for the organization and management of the promotion market, the King is empowered to provide for exemptions to the laws of January 10, 1824 on the right of emphytéosis and the right of surface when setting the above-mentioned conditions. »
Art. 25. In section 29 of the Act, the following amendments are made:
1° in the Dutch text of paragraph 1^erthe words "een beroep doen op" are replaced by the words "gbruik maken van";
2° in paragraph 3, the words "in the special specifications" are replaced by the words "in the market documents";
Paragraph 4 is replaced by the following:
"The dynamic acquisition system cannot be used in an abusive manner or in a manner that prevents, restricts or distorts competition. »
Art. 26. In section 30 of the Act, the following amendments are made:
1° in the Dutch text of paragraph 2, the word "ggund" is replaced by the word "gplaatst";
2° Paragraph 3 is replaced by the following:
"Electronic auctions cannot be used in an abusive manner or in a manner that prevents, restricts or distorts competition, or in a manner that alters the subject matter of the market. »
Art. 27. In section 32 of the Act, paragraph 5 is replaced by the following:
"It cannot be used in framework agreements in an abusive manner or in a manner that prevents, restricts or distorts competition. »
Art. 28. In section 33 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "European Community" are replaced by the words "European Union";
2° it is inserted a paragraph 3, which reads as follows:
Ҥ3. In the case of a public market or a lot, having exclusively for the purposes of the services referred to in Schedule II, B, this Act, elements related to the technical and professional capacity of the bidder may, on an exceptional basis, constitute criteria for attribution. This possibility can only be implemented if it is demonstrated that this is made necessary by the particular requirements of the market or lot concerned.
The King may determine the specific conditions and modalities for the application of this paragraph. »
Art. 29. In section 34 of the Act, the following amendments are made:
1° in paragraph 2, the words "transmission" are replaced by the words "assignment";
2° in the same paragraph, the words "subject to section 12" are repealed;
3° in paragraph 3, the words "in the sense of § 2" are repealed.
Art. 30. In section 35 of the Act, the words "or to conclude" are inserted after the words "to assign" and the words "or to conclude" are inserted after the words "to assign".
Art. 31. In the Dutch text of section 36, paragraph 2, of the same law, the word "ggund" is replaced by the word "gplaatst".
Art. 32. In section 37 of the Act, the following amendments are made:
1° in paragraph 1^er, the words "by market" are replaced by the words "in the relevant market documents";
2° in paragraph 2, the words "market notice or special specifications" are replaced by the words "market documents".
Art. 33. In the introductory sentence of section 40 of the Act, the following amendments are made:
1° the words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
2° the words "as appropriate" are repealed;
3° the words "market notice or special specifications" are replaced by the words "market documents".
Art. 34. In section 41 of the Act, paragraph 1^er is replaced by the following:
"The procuring power includes technical specifications in market documents. »
Art. 35. In section 42 of the Act, the following amendments are made:
1° in paragraph 3, the word "entrepreneur" is replaced by the word "adjudicial";
2° in paragraph 5, the word "contract" is replaced by the words "public market";
Paragraph 6 is repealed.
Art. 36. In section 43 of the Act, the following amendments are made:
1st paragraph 1^er paragraph 1^er is replaced by the following:
"Adjudicator receivables due in the execution of a public market cannot be subject to seizure, opposition, assignment or pledge until receipt. »;
2° in paragraph 1^er in paragraph 4, the words "the special specifications notebook or documents taking place" are replaced by the words "market documents";
3° in the Dutch text of paragraph 2 of paragraph 4, the word "toegewezen" is replaced by the word "gesloten";
4° in the Dutch text of paragraph 5, paragraph 2, the word "aannemer" is replaced by the word "opdrachtnemer".
Art. 37. In the Dutch text of article 45, paragraph 1^er, from the same law, the word "ggund" is replaced by the word "gplaatst".
Art. 38. In the Dutch text of Article 47, § 2, of the same law, the word "gunnen" is replaced by the word "plaatsen".
Art. 39. In the Dutch text of section 49 of the same law, the word "ggund" is replaced by the word "gplaatst".
Art. 40. In section 52 of the Act, the following amendments are made:
1° to 1°, the words "European Community" are replaced by the words "European Union";
2° in the Dutch text from 1° to 5°, the word "ggund" is each time replaced by the word "gplaatst".
Art. 41. In section 53 of the Act, as amended by the Royal Decree of 19 December 2010, the following amendments are made:
1° in the Dutch text of paragraph 1^erParagraph 1^erthe word "ggund" is replaced by the word "gplaatst";
2° in the introductory sentence of the Dutch text of paragraph 2, the word "ggund" is replaced by the word "gplaatst";
3° in the Dutch text of paragraph 2, 1°, e, the word "toevertrouwd" is replaced by the word "ggund";
4° in the Dutch text of paragraph 2, 1°, f, the words "ggund" and "gunning" are replaced respectively by the words "gplaatst" and "plaatsing";
5° in the Dutch text of paragraph 2, 1°, g, the words « te gunnen » and « gegund » are replaced respectively by the words « te plaatsen » and « geplaatst »;
6° in the Dutch text of paragraph 2, 2°, the word "toegewezen" is replaced by the word "ggund";
7° in paragraph 2, 3°, the words "adjudication by tender" are replaced by the words "open or restricted procedure";
8° in paragraph 2, 6°, b, the word "past" is replaced by the word "assigned".
Art. 42. In Article 54, § 1^er, paragraph 2, of the same law, the words "the European Community" and "the Community" are replaced respectively by the words "the European Union" and "the Union".
Art. 43. In section 55 of the Act, paragraphs 1^er and 2 are replaced by the following:
"Art. 55. Articles 5 to 11, 15, 17, 18, paragraph 1^er, 1° to 5° and paragraphs 2, 19 to 22, 24, 25, 28 to 30, 32, paragraphs 1^er 3, 5 and 6, 33, 35 to 43 are also applicable to public markets covered by this title.
Article 18, 1°, however, does not apply to contracts passed by public enterprises. »
Art. 44. In title IV of the same law, the words "European Community" are replaced by the words "European Union".
Art. 45. In the Dutch text of article 57 of the same law, the words "na onderzoek van het toegangsrecht, kwalitatieve selectie en de offre" are replaced by the words " na verificatie van het toegangsrecht, kwalitatieve selectie en onderzoek van de offre".
Art. 46. In section 58 of the Act, paragraph 2 is repealed.
Art. 47. In the same law, an article 59bis is inserted as follows:
"Art. 59bis. When transferring technical specifications to interested candidates and bidders, when qualifying and selecting them and when awarding and concluding the contract, the procuring entity may impose requirements to protect the confidential nature of the information it transmits. »
Art. 48. In the title of Chapter II of Title IV of the Act, the word "finished" is replaced by the word "pasts".
Art. 49. In section 62 of the Act, the following amendments are made:
1° to 1°, the words "European Community" and "Community" are replaced by the words "European Union";
2° in the Dutch text of 1°, 2°, 4° 5°, 6°, 7°, 8° and 9°, the word "ggund" is replaced each time by the word "gplaatst";
3° to 5°, the words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
4° in the Dutch text of 6°, the word "andere" is inserted between the words "door" and "operationvoorschriften";
5° to 8°, the words "passes with one" are replaced by the words "attributes to one";
6° the article is completed by the 10°, 11°, 12° 13° and 14° written as follows:
"10° to service markets for the purpose of acquiring or leasing, regardless of the financial terms, land, existing buildings or other real property or that relate to rights to such property. However, financial services provided concurrently, prior to or consecutively to the acquisition or lease contract, in any form, are subject to this title;
11° to financial services markets related to the issuance, purchase, sale and transportation of securities or other financial instruments;
12° to research and development services. On the other hand, this title is applicable to public markets whose fruit belongs exclusively to the procuring entity for its use in the exercise of its own activity, and whose service delivery is fully paid by the procuring entity;
13° to arbitration and conciliation services;
14° to employment contracts. »
Art. 50. In section 64 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "European Community" are replaced by the words "European Union";
2° in paragraph 2, the words "book of charges, may provide for a contrary provision" are replaced by the words "another market document, may provide for a broader provision. »
Art. 51. In section 65 of the Act, the following amendments are made:
1° in paragraph 1^erthe words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
2° in paragraph 2, the words "book of charges" are replaced by the words "another market document." »
Art. 52. In the same Act, the title of Section III of Chapter II of Title IV is replaced by the following:
"Section III. Specific or complementary procurement methods, markets and procedures".
Art. 53. In section 66 of the Act, as amended by the Royal Decree of 19 December 2010, the following amendments are made:
1° in the Dutch text of paragraph 1^erthe word "ggund" is replaced by the word "gplaatst";
2° in the introductory sentence of the Dutch text of paragraph 2, the word "ggund" is replaced by the word "gplaatst";
3° in the Dutch text of paragraph 2, 1°, a, the word "openbare" is replaced by the word "open";
4° in the Dutch text of paragraph 2, 1°, c, the word "toevertrouwd" is replaced by the word "ggund";
5° in the Dutch text of paragraph 2, 1°, d, the words "ggund" and "gunning" are replaced by the words "gplaatst" and "plaatsing";
6° in the Dutch text of paragraph 2, at point 1°, e, the words "t gunnen" and "ggund" are replaced respectively by the words "t plaatsen" and "gplaatst";
7° in the Dutch text of paragraph 2, 2°, the word "toegewezen" is replaced by the word "ggund";
8° in the Dutch text of paragraph 2, 3°, the words « toevertrouwd aan de onderneming die de eerste opdracht toegewezen kreeg door dezelfde aanbestedende entiteit » and the words « die gegund werd » are replaced respectively by the words « gegund die aan de onderneming met wie de eerste opdracht
Art. 54. In the same law, an article 67bis is inserted as follows:
"Art. 67bis. A procuring entity may use a dynamic procurement system for supplies or services of common use.
The establishment of a dynamic procurement system requires, for each specific market, the open procedure and the use of electronic means for all phases of the procedure up to the award of the market.
The compliant indicative bids introduced by all bidders meeting the selection criteria may be amended at any time, provided that they remain in compliance with market documents.
The dynamic acquisition system cannot be used in an abusive manner or in a manner that prevents, restricts or distorts competition.
The King sets out the conditions under which a dynamic acquisition system can be used. »
Art. 55. In the same law, an article 67ter is inserted as follows:
"Art. 67ter. In open, restricted or publicly traded proceedings, a procuring entity may precede the award of an electronic auction to the extent that the market specifications can be accurately determined and that this applies to markets of supplies or services of common use.
Under the same conditions, the electronic auction may be used during the competition of the parties to a framework agreement, as well as for the markets passed through a dynamic acquisition system.
Electronic auctions may not be used in an abusive manner or in a manner that prevents, restricts or distorts competition, or in a manner that alters the subject matter of the market.
The King sets out the conditions under which the electronic auction can be used. »
Art. 56. In the same Act, an article 67quater is inserted as follows:
"Art. 67quater. A procuring entity may enter into framework agreements.
The choice of parties to the framework agreement and the award of contracts based on this agreement must be based on the same allocation criteria.
When awarding contracts based on a framework agreement, no substantial changes can be made to the terms already set out in the framework agreement.
Framework agreements may not be used in an abusive manner or in a manner that prevents, restricts or distorts competition.
The King sets out the conditions governing the framework agreement. »
Art. 57. In the same law, an article 67quinquies read as follows:
"Art. 67quinquies. The King sets the rules for a project competition.
These rules include:
1° the prohibition of limiting access to participation in nationals of a territory or part of a territory of a Member State of the European Union;
2° the prohibition of requiring participants to be physical persons or legal persons. »
Art. 58. In article 69, paragraph 1^erthe words "European Community" are replaced by the words "European Union".
Art. 59. In the introductory sentence of section 70 of the Act, the following amendments are made:
1° the words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
2° the words "as appropriate" are repealed;
3° the words "market notice or special specifications" are replaced by the words "market documents".
Art. 60. In section 71 of the Act, paragraph 1^er is replaced by the following:
"The procuring entity includes technical specifications in market documents. »
Art. 61. In the title of Chapter III of Title IV of the same Act, the word "finished" is replaced by the word "pasts".
Art. 62. In Title V of the same Act, an article 72bis is inserted as follows:
"Art. 72bis. The calculation of the time limits established under this Act shall be carried out in accordance with Council Regulation (EEC, Euratom) No. 1182/71 of 3 June 1971, establishing the rules applicable to deadlines, dates and terms. »
Art. 63. In the Dutch text of section 74 of the Act, the following amendments are made:
1° in paragraph 1^er, the word "gunning" is replaced by the word "plaatsing";
2° in paragraph 2 the word "gunnen" is replaced by the word "plaatsen".
Art. 64. Article 75, § 1^erthe following amendments are made to the Act:
1° in paragraph 1^erthe words "The Treaty establishing the European Community" are replaced by the words "The Treaty on the Functioning of the European Union";
2° the same paragraph shall be supplemented by two paragraphs as follows:
"The King may also repeal, supplement, amend or replace the provisions of this Act to ensure the transfer of non-mandatory provisions resulting from the Treaty on the Functioning of the European Union and the international acts taken under it and concerning public markets and contracts of work, supplies and services referred to in this Act.
The measures set out in the previous paragraph are subject to legislative confirmation within two years of their entry into force. »
Art. 65. In the same law, an article 76bis is inserted as follows:
"Art. 76bis. Section 57 of the Act of 30 March 1976 on economic recovery measures does not apply to public procurement and public works concessions under Parts II and III of this Act. »
Art. 66. Section 77 of the Act is replaced by the following provision:
"Art. 77. The following amendments are made to the Act of 20 March 1991 organizing the approval of construction contractors:
1° to Article 1^er, 2°, the words "the law on public procurement: the law of 24 December 1993 on public procurement and certain contracts of work, supplies and services" are replaced by the words: "the law on public procurement: the law of 15 June 2006 on public procurement and certain contracts of work, supplies and services or the law of 13 August 2011 on public procurement and certain contracts of work, supplies and services in public procurement
2° to Article 2, paragraph 1^er is replaced by the following:
"This Act applies to public contracts of work as defined in Article 3, 2°, of the Act of 15 June 2006 on public procurement and certain contracts of work, supplies and services, which have been passed by the procuring authorities and public enterprises as defined in Article 2, 1° and 2°, of the same Act. It is also applicable to public contracts of work as defined in Article 3, 2°, 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, which have been passed by the procuring authorities and public enterprises as defined in Article 2, 1° and 2°, of the same Act;
3° Article 4, § 1^er, 4°, a), is replaced by the following:
"4° (a) shall not be condemned by a judgment having force of thing tried to:
- participation in a criminal organization as defined in article 324bis of the Criminal Code;
- corruption, as defined in Article 3 of the Council's Act of 26 May 1997 and Article 246 of the Criminal Code;
- fraud within the meaning of Article 1^er the Convention on the Protection of the Financial Interests of the European Communities, approved by the Act of 17 February 2002;
- terrorist offence or offence related to terrorist activities as defined in articles 137 et seq. of the Criminal Code;
- money-laundering as defined in Article 3 of the Act of 11 January 1993 on the prevention of the use of the financial system for money-laundering and the financing of terrorism;
- any other offence affecting by its nature the professional morality of the entrepreneur. »
Art. 67. Section 79bis of the Act, inserted by the Act of 12 January 2007, is amended as follows:
1st paragraph 1^er is replaced by the following:
"The King may coordinate the provisions of the Act of 15 June 2006 relating to public procurement and certain contracts of work, supplies and services, 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, and the law relating to motivation, information and remedies for public procurement and certain contracts of work, supplies and services, »;
2° the article is supplemented by a paragraph written as follows:
"They will come into force on the date of their confirmation by law. »
Art. 68. In section 80 of the Act, amended by the Act of January 12, 2007, paragraph 1^er is replaced by the following:
"The King shall determine the date on which each of the provisions of this Act comes into force. It may also apply certain provisions of this Act to the modes of passation that it designates. »
Art. 69. In the same Act, Schedule I is replaced by Schedule I attached to this Act.
Art. 70. In the same Act, Schedule II is replaced by Schedule II attached to this Act.
Art. 71. This article and articles 64, 2°, and 68 come into force on the day of their publication in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 5, 2011.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
Documents of the House of Representatives:
53-1590 - 2010/2011:
001: Bill.
002 and 003: Amendments.
004: Report.
005: Text adopted by the commission.
006: Text adopted in plenary and transmitted to the Senate.
Full report: 7 July 2011.
Documents of the Senate:
5-1152 - 2010/2011:
Number 1: Project referred to by the Senate.
No. 2: Amendments.
N^° 3: Report.
No. 4: Decision not to amend.
Annales of the Senate: July 20, 2011.

For the consultation of the table, see image
See to be annexed to the Act of 5 August 2011 amending the Act of 15 June 2006 on public procurement and certain contracts of work, supplies and services.
ALBERT
By the King:
The Prime Minister,
Y. LETERME

For the consultation of the table, see image
Seen to be annexed to the Act of 5 August 2011 amending the Act of 15 June 2006 on public procurement and certain contracts of work, supply and services.
ALBERT
By the King:
The Prime Minister,
Y. LETERME