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23 DECEMBER 2009. - An Act to introduce a new book on motivation, information and remedies in the Act of 24 December 1993 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:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
It transposes, inter alia:
1° Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of public procurement appeal procedures;
2° partially Article 49 of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating procurement procedures in the water, energy, transport and postal services sectors;
3° partially Article 41 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the procurement of public works, supplies and services.
CHAPTER 2. - Introduction of a new book in the Act of 24 December 1993 on public procurement and certain contracts of work, supplies and services
Art. 2. In the same law, a book IIbis, which contains articles 65/1 to 65/34, is inserted as follows:
« LIVRE IIbis - MOTIVATION, INFORMATION AND VOIES OF RECOURS IN MATERIAL OF PUBLIC MARKINGS AND CERTAINS MARKINGS OF WORK, FOURNITURES AND SERVICES
PART 1^er. - General provisions and definitions
Art. 65/1. For the purposes of this book:
1° the classical sectors: the sectors covered by the provisions of Book I, Title I^er III;
2° the special sectors: the sectors covered by the provisions of Book I, Title I^er and IV, or Book II;
3° market: the public market or the contract of works, supplies or services, the framework agreement, the project competition and the concession of public works, within the meaning of this Act;
4° procuring authority: the procuring authority, public enterprise or procuring entity within the meaning of this Act;
5° candidate: the contractor, supplier or service provider who applies for participation in the selection or qualification;
6° applicable candidate: the candidate to whom the procuring authority, on the occasion of a contract, did not notify the reasons for his non-selection before the award decision is notified to the bidders concerned;
7° Bidder: Contractor, supplier, service provider or selected candidate who delivers an offer;
8th bidder concerned: the bidder not permanently excluded from participation in the proceedings by a reasoned decision that has been notified to him and that is no longer subject to appeal before the appeal proceedings or that has been tried lawful by the appeal proceedings;
9th instance of appeal: the jurisdiction referred to in Article 65/24;
10° market allocation: the decision taken by the procuring authority designating the successful bidder;
11th conclusion of the market: the birth of the contractual relationship between the procuring authority and the procuring agent;
12th Adjudicator: the bidder with whom the contract is concluded;
13° market documents: market documents, including all complementary documents and other documents to which they refer. They include, where applicable, the notice of contract and the special terms and conditions for the contract.
Art. 65/2. This book has the same scope as Book I^er or Book II according to whether one or the other applies.
PART 2. - Markets reaching European thresholds
CHAPTER 1^er. - Scope of application
Art. 65/3. This title applies to markets reaching the amount set by the King for European advertising.
With regard to the defence markets referred to in Article 346, 1, (b), of the Treaty on the Functioning of the European Union, only Articles 65/4, 65/5, 65/7 to 65/10, 65/14 to 65/16 and 65/23 to 65/27 are nevertheless applicable.
Where the initial estimate of the market is less than the amount fixed by the King for European advertising, but the non-tax amount on the value added of the offer to be approved is, however, more than 20% higher than that amount fixed by the King, this title is applicable, except the exception provided for in section 65/12, 1°.
CHAPTER 2. - Reasoned decision
Art. 65/4. The procuring authority establishes a reasoned decision:
1° when it decides to use a negotiated procedure without advertising;
2° when it decides to resort to a procedure negotiated with advertising in the conventional sectors;
3° when deciding on the qualification or withdrawal of the qualification within the framework of a qualification system in the special sectors;
4° when deciding on the selection of candidates when the procedure includes a first phase involving the introduction of applications for participation;
5° when it assigns a contract, regardless of the procedure;
6° when it renounces the contracting and, if necessary, decides to launch a new market.
In the cases referred to in paragraph 1^er, 1° and 2°, the reasons for the decision must exist at the time the decision is made, but the reasoned decision may, however, be made a posteriori, and at the latest at the time the award decision referred to in paragraph 1^erFive.
In the case referred to in paragraph 1^er, 5°, if the award decision cannot be established immediately, it shall be established a posteriori, and not later than fifteen days after the decision, in the hypotheses referred to in articles 17, § 2, 1°, b, paragraph 2, 2^e dash, and c, 39, § 2, 1°, c, and 3°, b and c, and 59, § 2, 1°, d, and 4°, b and c.
Art. 65/5. The reasoned decision referred to in section 65/4 shall, in accordance with the procedure and type of decision:
1 the name and address of the procuring authority, the object and the amount of the contract to be approved;
2° in the event of a negotiated procedure, the grounds for law and fact justifying or allowing the use of this procedure;
3° names of candidates or bidders;
4° in case of qualification system in special sectors:
- the names of qualified and unskilled candidates and the grounds of law and fact of the relevant decisions based on the criteria and rules of qualification established in advance;
- the names of candidates whose qualification is withdrawn and the grounds of law and fact of the relevant decisions based on the criteria and rules of qualification established in advance;
5° the names of candidates or bidders not selected and selected and the reasons for law and fact of the relevant decisions;
6° the names of the bidders whose offer was deemed irregular and the grounds of law and de facto their deviation. These reasons include the abnormality of prices and, where appropriate, the non-equivalence decision of the solutions proposed in relation to the technical specifications or their non-satisfaction with the expected performance or functional requirements;
7° the names of the successful bidder and bidders whose regular offer has not been chosen and the reasons for law and fact of the relevant decisions, including the characteristics and relative benefits of the offer chosen;
8° the grounds for law and fact for which the procuring authority may have waived the contract and, where applicable, the indication of the new award procedure followed.
Art. 65/6. The decision referred to in Article 65/5 shall be verbatim and shall be transmitted to the European Commission at its request. In the conventional sectors, this report is supplemented by the indication of the market share that will be subcontracted, if known.
CHAPTER 3. - Information of candidates and bidders
Art. 65/7. § 1^er. When the procedure includes a first phase involving the introduction of applications for participation, the procuring authority shall communicate to any non-selected candidate as soon as it has made the decision for selection:
1 the reasons for his non-selection, extracted from this decision;
2° in case of limitation, on the basis of a classification, of the number of candidates selected, the motivated selection decision.
The invitation to submit an offer cannot be addressed to the selected candidates prior to sending this information.
§ 2. In the event of the establishment and management of a qualification system in the special sectors, as soon as the awarding authority has made the decision based on the qualification, the awarding authority shall communicate to any unqualified candidate the reasons for its non-qualification, extracted from that decision. This communication takes place within the shortest time and no later than fifteen days from the date of the decision.
Prior to the withdrawal of the qualification of a contractor, supplier or service provider, the procuring authority shall notify the contractor in writing of this intention and of the reasons justifying it at least fifteen days before the date provided to terminate the qualification, as well as the possibility of making representations within that same period.
Art. 65/8. § 1^er. As soon as the award decision is made, the procuring authority shall communicate:
1° to any unselected bidder, the reasons for his non-selection, extracted from the reasoned decision;
2° to any bidder whose offer was deemed to be irregular, the reasons for its eviction, extracted from the reasoned decision;
3° to any bidder whose offer was not chosen and to the successful bidder, the reasoned decision.
The communication referred to in paragraph 1^er also includes:
1° the precise mention of the exact duration of the period referred to in section 65/11, paragraph 1^er;
2° the recommendation to notify the procuring authority within that same period, by fax, e-mail or by any electronic means in the event that the applicant submits a request for suspension in accordance with section 65/11;
3° the mention of the fax number or the electronic address to which the warning referred to in section 65/11, paragraph 3, may be sent.
The procuring authority shall immediately make such communication by fax or by e-mail or any other electronic means and, on the same day, by registered letter.
§ 2. The communication referred to in § 1^er does not create any contractual undertaking with respect to the successful bidder and suspends the period in which bidders remain engaged by their offer, provided that such delay and section 65/11 are applicable.
For all offers introduced for this market, the suspension of this period ends:
1° failing to request a suspension referred to in section 65/11, paragraph 2, after the last day of the period referred to in section 65/11, paragraph 1^er;
2° in the event of a suspension application referred to in section 65/11, paragraph 2, on the day of the decision of the appeal proceeding referred to in section 65/15;
3° in any case not later than forty-five days after the communication referred to in § 1^er.
Art. 65/9. As soon as it has made the decision to abandon a contract and, if necessary, to launch a new contract, the procuring authority shall communicate the reasoned decision to the candidates concerned and the bidders.
Art. 65/10. § 1^er. Some information may not be disclosed where their disclosure would hinder the application of a law, would be contrary to the public interest, would prejudice the legitimate commercial interests of public or private companies or could adversely affect fair competition between companies.
§ 2. The procuring authority and any person who, as a result of his or her duties or duties entrusted to him or her by the procuring authority, is aware of confidential market information or that relates to the procurement and performance of the contract, communicated by candidates, bidders, contractors, suppliers or service providers, disclose none of that information. This information includes technical or commercial secrets and confidential aspects of offers.
As long as the procuring authority has not made a decision, as the case may be, regarding the selection or qualification of candidates, the regularity of bids, the award of the contract or the renunciation of the contract, candidates, bidders and third parties have no access to the documents relating to the procedure, including applications for participation or qualification, offers and internal documents of the procuring authority.
CHAPTER 4. - Waiting time
Art. 65/11. The conclusion of the contract following the award decision cannot in any case take place before the expiry of a period of fifteen days from the day after the decision is sent to the candidates concerned and the bidders concerned in accordance with Article 65/8, § 1^erParagraph 3. In the absence of simultaneousity between these shipments, the deadline shall take place, for the candidate concerned or the bidder concerned, the day after the last shipment.
Where an application for a suspension of the performance of the award decision referred to in section 65/15 is filed within the time limit referred to in paragraph 1^er, the procuring authority may not enter into the contract before the first-degree appeal proceedings, if any, decide either on the request for interim measures or on the application for suspension.
To this end, the applicant is invited to notify the procuring authority within that time limit, preferably by fax or e-mail or any other electronic means, of the introduction of such a request.
The conclusion of the contract may take place at the end of the period referred to in paragraph 1^er where no application for suspension is filed within the above-mentioned period.
The ban on the conclusion of the contract shall be granted to the sole author of a request for suspension filed within the period referred to in paragraph 1^er.
Art. 65/12. The conclusion of the contract may take place without applying section 65/11 in the following cases:
1° where prior European advertising is not mandatory;
2° where the only bidder concerned is the one to whom the contract is awarded and in the absence of interested candidates.
Art. 65/13. The suspension of the enforcement of the award decision by the appeal proceeding shall, in full right, result in the suspension of the performance of the contract, which may be concluded in violation of section 65/11.
The procuring authority shall inform the adjudicator without delay of the suspension and shall, as the case may be, order the court not to commence or stop the execution of the contract.
When after the suspension of the full right of the performance of the contract, no request for the cancellation of the award decision or declaration of absence of market effects is filed within the applicable time limits provided for in section 65/23, the suspension of the execution of the award decision and the contract shall be waived in full law.
CHAPTER 5. - Appeals procedures
Section 1^re. - Cancellation
Art. 65/14. At the request of any person who has or has had an interest in obtaining a specified market and who has been or may have been adversely affected by the alleged violation, the appeals body may revoke decisions made by the procuring authorities, including those with discriminatory technical, economic and financial specifications, on the grounds that such decisions constitute a diversion of power or violence:
1° Community law on public procurement applicable to the market concerned, as well as the law and its enforcement orders;
2° the constitutional, legal or regulatory provisions and general principles of law applicable to the market concerned;
3° the market documents.
Section 2. - Suspension
Art. 65/15. Under the same conditions as those referred to in Article 65/14, the appeal proceedings may, without proof of a risk of serious harm difficultly repairable, be brought, if any under penalty of restraint, suspend the execution of the decisions referred to in Article 65/14 and, with respect to the Council of State, as long as it remains seized of an appeal for cancellation:
1° order interim measures to correct the alleged violation or to prevent the infringement of the interests concerned;
2° order the interim measures necessary for the execution of its decision.
The application for suspension shall be filed in accordance with an emergency or referee procedure in accordance with section 65/24.
The appeal proceeding takes into account the likely consequences of the suspension of execution and interim measures for all interests that may be adversely affected, as well as the public interest, and may decide not to grant the suspension of execution or interim measures where their negative consequences may prevail over their benefits.
The decision not to grant suspension of execution or interim measures shall not prejudice the other claims of the person requesting such measures.
The application for interim measures may be filed with the application for suspension referred to in paragraph 1^er or with the cancellation request referred to in section 65/14 or separately.
Section 3. - Damages and interests
Art. 65/16. The appeal proceedings shall grant damages to persons aggrieved by one of the violations referred to in section 65/14 committed by the procuring authority and prior to the conclusion of the contract, provided that the proceeding considers as established both the damage and the causal relationship between the procuring authority and the alleged violation.
However, for markets in the special sectors, when a person applies for damages in respect of costs incurred in the preparation of an offer or participation in the proceedings, it is only required to prove that there is a violation of community law in public procurement or law or its enforcement orders and that it had a real chance to win the market, a chance that, as a result of this violation, was compromised.
Section 4. - Declaration of absence of effects
Art. 65/17. At the request of any interested person, the appeal proceedings declare that there is no effect on a contract concluded in each of the following cases:
1° subject to section 65/18, where the procuring authority has entered into a market without a prior European advertisement, although this is required by Community law in public procurement, by law or its enforcement orders;
2° where the procuring authority has entered into the contract without respecting the period referred to in section 65/11, paragraph 1^er, or without waiting for the first-degree appeal, if any, to decide, either on the request for a suspension or on the request for interim measures where that violation:
(a) has deprived a bidder of the opportunity to initiate or complete the suspension appeal referred to in section 65/11, paragraph 2, and
(b) is accompanied by a violation of community law in public procurement, the law or its enforcement orders and if the latter violation has compromised the chances of a bidder to obtain the market.
The procuring authority and the adjudicator are called to the cause. To this end, the procuring authority shall communicate the identity of the adjudicator as soon as it is required by the appellant.
The application for a declaration of absence of market effects may be filed with the cancellation request referred to in section 65/14 or separately.
Art. 65/18. Declaration of absence of effects under section 65/17, paragraph 1^er, 1°, does not apply if the procuring authority, although considering that contracting without a prior European advertisement is authorized under the provisions of Community law in respect of public procurement, the law or its enforcement orders,
1° has previously published in the Official Journal of the European Union a notice of transparency ex ante voluntary, in accordance with the model fixed by the King, expressing his intention to conclude the market and
2° has not entered into the market before the expiry of a period of not less than ten days from the day after the publication of this notice in the Official Journal of the European Union.
The notice referred to in paragraph 1^er is also published in the Bulletin des Adjudications without the latter publication, however, being a condition of application of the exception to the declaration of absence of effects referred to in this section.
The publication in the Adjudication Bulletin is optional for markets subject to the provisions of Book II.
The notice referred to in paragraph 1^er contains the following information:
1° the name and contact information of the procuring authority;
2° the description of the object of the market;
3° the justification for the decision of the procuring authority to enter the market without prior European advertising;
4° the name and contact details of the bidder to which it was decided to assign the contract, and
5° where applicable, any other information deemed useful by the procuring authority.
Only the notice published in the Official Journal of the European Union and the Bulletin of Adjudications is an official publication value.
Art. 65/19. When it declares a market that has no effect, the appeal proceedings shall:
1° the retroactive cancellation of all contractual obligations or
2° the limitation of the scope of the cancellation to the obligations that must still be executed.
In the case referred to in paragraph 1^er, 2°, the appeal body also makes a financial penalty referred to in section 65/22.
Art. 65/20. The appeal proceedings may not consider a market that has no effect, even if it has been unlawfully concluded for reasons referred to in section 65/17, if it finds, after considering all relevant aspects, that compelling reasons of general interest require that the effects of the market be maintained.
In this case, the appeal body shall substitute the sanctions referred to in Article 65/22.
With respect to the decision not to declare a market that has no effect, the economic interest in that the market produces its effects can only be considered a compelling reason if, in exceptional circumstances, the absence of effects would have disproportionate consequences.
However, the economic interest directly linked to the market concerned is not a compelling cause of general interest. The economic interest directly linked to the market includes, among other things, the costs arising from delays in the performance of the contract, the launch of a new procedure, the change of economic operator for the performance of the contract and legal obligations resulting from the absence of effects.
Art. 65/21. Except as provided for in sections 65/13 and 65/17 to 65/20, the contract, once concluded, may not be suspended or declared without effect by the appeal body for violation of community law in public procurement, law or enforcement orders.
Section 5. - Alternative sanctions
Art. 65/22. § 1^er. As an alternative penalty, the appeal proceeding may, on its own or at the request of an interested person, shorten the duration of the contract or impose a financial penalty on the procuring authority.
The procuring authority and the adjudicator are called to the cause. To this end, the procuring authority shall communicate the identity of the adjudicator as soon as it is required by the appellant.
The sanction is effective, proportionate and deterrent.
Where a sanction is pronounced, the appeal proceedings may take into account all relevant factors, including the seriousness of the violation, the behaviour of the procuring authority and the extent to which the contract continues to produce effects.
The financial penalty is up to 15% of the non-tax amount on the value added of the awarded market.
The award of damages does not constitute a penalty within the meaning of this section.
§ 2. At the request of any interested person and after appreciating all relevant aspects, the appeal proceedings shall impose a substitution penalty referred to in § 1^er where the procuring authority has entered into the contract in breach of Article 65/11, paragraphs 1^er and 2, without the violation:
1° has deprived the bidder of the possibility of introducing a suspension application referred to in section 65/11, paragraph 2, and
2° be accompanied by a violation of community law in public procurement, the law or its enforcement orders, and that the latter violation may have compromised the bidder's chances of obtaining the contract.
Financial penalties imposed as substitute sanctions are paid to the Treasury.
Section 6. - Time limits
Art. 65/23. § 1^er. The appeals are, barely irreceivable, brought within the time limits referred to in paragraphs 2 to 4, 5, paragraph 1^er, and 6, from publication, communication or knowledge of the act, as the case may be.
§ 2. The appeal for cancellation referred to in section 65/14 shall be filed within sixty days.
§ 3. The application for suspension referred to in section 65/15 shall be filed within fifteen days. In the event of application of section 65/18, the deadline is ten days.
§ 4. The remedy of damages referred to in section 65/16 shall be filed within five years.
§ 5. The appeal for declaration of absence of effects referred to in section 65/17 shall be filed within thirty days of the day after the day on which the procuring authority is:
1° published the notice of award of the contract in accordance with the provisions of the King's Order, when the procuring authority has decided to make this contract without prior notice to the Official Journal of the European Union and the Bulletin of Adjudications and that the notice of award of the contract contains the justification of that decision, or
2° informed the relevant candidates and the relevant bidders of the conclusion of the contract by simultaneously communicating the reasoned decision concerning them.
The period of appeal shall be six months, beginning on the day after the day on which the contract was concluded, when the procuring authority does not comply with the provisions of paragraph 1^er.
§ 6. The use of alternative sanctions referred to in Article 65/22 shall be introduced within six months.
Section 7. - Appeals bodies
Art. 65/24. The appeal proceeding for appeal proceedings referred to in sections 65/14 and 65/15 is:
1° the administrative litigation section of the State Council when the procuring authority is an authority referred to in Article 14, § 1^ercoordinated laws on the State Council;
2° the judicial judge when the procuring authority is not an authority referred to in Article 14, § 1^ercoordinated laws on the State Council.
For the appeal proceedings referred to in sections 65/16, 65/17 and 65/22, the appeal proceedings shall be the judicial judge. For the declaration of absence of effects and alternative sanctions, the judge sits as in reference.
Art. 65/25. Unless the provisions of this Act derogate from it, the rules of jurisdiction and procedure before the appeal are those established by the laws and decrees relating to the appeal proceedings.
When the appeal body receives a request to suspend the performance of the award decision, it shall immediately inform the procuring authority.
The appeal body shall transmit to the Prime Minister, for a communication to the European Commission, the text of all decisions it makes pursuant to Article 65/18. It also transmits to the Prime Minister other information on the functioning of the appeals procedures that may be requested by the European Commission.
Art. 65/26. The appeal proceedings must guarantee confidentiality and the right to respect business secrets in the light of the information contained in the files that are communicated to them by the parties to the case, including by the procuring authority who is required to file the entire record, while at the same time being able to know and consider such information. It is up to this body to decide to the extent and manner in which it is necessary to guarantee the confidentiality and secrecy of this information, with a view to the requirements of effective legal protection and respect for the rights of the parties to the dispute so that the proceedings, as a whole, respect the right to a fair trial.
Art. 65/27. In the event of a temporary and vexatious appeal, at the request of the procuring authority or the beneficiary of the act, the appeal proceedings may award adequate compensation to the procuring authority or the claimant's dependant beneficiary. In no case shall the total amount of any allowance exceed 5% of the value-added value-added amount of the awarded market.
The above-mentioned percentage may be increased by a royal decree deliberated in the Council of Ministers. This Royal Decree must be confirmed by law within twelve months of its entry into force.
PART 3. - Markets not reaching European thresholds
CHAPTER 1^er. - Scope of application
Art. 65/28. This title applies to markets that do not reach the amount fixed by the King for European advertising.
For the purpose of this title, it is also meant by "market", the establishment of a list of selected candidates and, in the special sectors, the establishment of a qualification system.
CHAPTER 2. - Reasoned decision, information of candidates
and bidders and wait times
Art. 65/29. Articles 65/4, 65/5, 65/7, 65/8, § 1^erParagraph 1^er65/9 and 65/10 are applicable to the markets covered by this heading. The King may provide for exceptions for certain types of markets and for markets that do not reach certain amounts.
Art. 65/30. Section 65/11 is applicable to works contracts subject to mandatory advertising at the Belgian level, the amount of the offer to be approved without tax on value added is between the amount fixed by the King for European advertising and an amount equal to half of the amount cited in second place. However, this paragraph does not apply to the defence contracts referred to in Article 346, 1, (b), of the Treaty on the Functioning of the European Union.
The procuring authority may render section 65/11, paragraph 1^erapplicable to markets covered by this title and not referred to in paragraph 1^er.
Once concluded, the market may not be suspended or declared to be devoid of effect by the appeal body for violation of community law in public procurement, law or enforcement orders.
CHAPTER 3. - Procedures for appeal
Art. 65/31. Sections 65/14 to 65/16 apply to markets covered by this title.
Art. 65/32. When section 65/30, paragraph 1^er, is applicable, articles 65/12, 65/13, 65/18, paragraph 1^er and 4, and 65/19 to 65/22 are also applicable.
In this case, the words "European publicity" and "Official Journal of the European Union", mentioned in these provisions, are replaced by the words "Belgian publicity" and "Bulletin of Adjudications".
If the procuring authority, pursuant to section 65/30, paragraph 2, voluntarily applies section 65/11, paragraph 1^erArticles 65/13 and 65/17 to 65/22 are not applicable.
Art. 65/33. Articles 65/23, §§ 1^er 4, and 65/24 to 65/27 are applicable to the markets covered by this title. The provisions of Article 65/23, §§ 5 and 6, are also applicable to the markets referred to in Article 65/30, paragraph 1^er.
PART IV. - Correcting mechanism
Art. 65/34. § 1^er. The European Commission may invoke the procedure set out in §§ 2 to 5 when, prior to the conclusion of a contract, it considers that a serious violation of community law in public procurement was committed during a procedure within the scope of title II of this book.
§ 2. The European Commission shall notify the Belgian State of the reasons why it considers that a serious violation has been committed and requests correction by appropriate means.
§ 3. Within twenty-one calendar days following receipt of the notification referred to in § 2, the Belgian State shall communicate to the Commission:
(a) confirmation that the violation has been corrected;
(b) reasons why no correction has been made, or
(c) a notification that the proceedings in question have been suspended, either at the initiative of the procuring authority or in the exercise of the powers provided for in section 65/15.
§ 4. Reasoned conclusions communicated in accordance with § 3, b, may, inter alia, be based on the fact that the alleged violation is already the subject of a judicial remedy or another proceeding. In this case, the Belgian State informs the European Commission of the outcome of these procedures as soon as it is known.
§ 5. In case of notification that a procedure has been suspended in accordance with § 3, c, the Member State concerned shall notify the European Commission of the lifting of the suspension or opening of another procedure, entirely or in part, related to the previous procedure. This new notification confirms that the alleged violation has been corrected or includes reasons why no correction has been made.
§ 6. When the European Commission invokes the procedure set out in paragraphs 2 to 5, the procuring authority concerned is obliged to cooperate with the authorities responsible for communicating a response to the European Commission. In particular, the procuring authority is required to produce by the earliest channels to the Prime Minister, within ten days of receiving the notification from the European Commission, any documents and information necessary to ensure a satisfactory response. »
CHAPTER 3. - Modificative, abrogatory and final provisions
Art. 3. In Book III of the Act, an article 65/35 is inserted, as follows:
"Art. 65/35. The calculation of the time limits set out in 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 time limits, dates and terms in Community law. »
Art. 4. Section 21bis of the Act, inserted by the Act of 9 July 2004 and amended by the Act of 8 June 2008 and by the Royal Decree of 29 September 2009, is repealed.
Art. 5. Section 41 of the Act, inserted by the Act of 8 June 2008 and amended by the Royal Decree of 29 September 2009, is repealed.
Art. 6. Section 62bis of the Act, inserted by the Act of 8 June 2008 and amended by the Royal Decree of 29 September 2009, is repealed.
Art. 7. The King shall determine the date on which this Act comes into force.
Public procurement, contracts and project competitions, published prior to that date, or for which, in the absence of a notice, an invitation to make an application for participation or to make an offer is launched before that date, remain subject to the legislative and regulatory provisions in force at the time of the notice or invitation.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 23 December 2009.
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Justice,
S. DE CLERCK
The Minister of the Interior,
Ms. A. TURTELBOOM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Note
Documents of the House of Representatives:
52-2276 - 2009/2010:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 10 December 2009.
Documents of the Senate:
44-1538 - 2008/2009:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 17, 2009.