Directive 2009/81/EC of the European Parliament and of the Council concerns, amongst other things, the establishment of an appropriate legislative framework on the coordination of procurement procedures for the award of contracts to meet the security requirements of Member States and the obligations arising from the TFEU. To achieve that aim, Directive 2009/81/EC caters, in particular, for addressing crisis situations, particularly by providing specific provisions applicable in cases of urgency resulting from a crisis, such as shortening periods for the receipt of tenders and the possibility to use the negotiated procedure without prior publication of a contract notice. However, in certain cases of urgency, those rules might be insufficient, especially where the urgency resulting from the crisis can be addressed only by having Ukraine and at least one Participating Member State engaging in a common procurement. In those cases, often the only solution that ensures the security interests of those countries is to open an existing framework agreement or contract of a Participating Member State to contracting authorities of Ukraine, even where Ukraine was not originally party to it and even though that possibility had not been provided for in the original framework agreement or contract. As those possibilities are not foreseen in Directive 2009/81/EC at the time of the entry into force of this Regulation, this Regulation provides for the possibility to complement or derogate from that Directive in the current crisis situation stemming from Russia’s war of aggression against Ukraine, provided that the agreement of the undertaking which concluded the framework agreement or contract is obtained. With respect to additional quantities for Ukraine, Ukrainian contracting authorities should enjoy the same conditions as the original contracting authority that concluded the original framework agreement or contract. In addition, appropriate transparency measures should be taken to ensure that all potentially interested parties are informed.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
