The Regulation on third-country subsidies continues to pose numerous uncertainties for undertakings operating within the EU internal market. Economic operators involved in public procurement procedures must adhere to notification obligations if specific value thresholds are met. This results in challenges and uncertainties for both economic operators and contracting authorities/entities. Not only do the notification requirements impose substantial administrative burdens in terms of data collection and assessment, but the legal concepts that determine whether and to what extent notification obligations arise are also exceptionally ambiguous. The following chapter outlines the requirements of notification obligations in public procurement procedures. From an industry perspective, issues related to notification obligations are subsequently discussed, along with proposed changes. The evaluation is conducted from the standpoint of both an economic operator and a contracting entity, as Deutsche Bahn acts in both roles.

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The FSR in Public Procurement: A View from Industry

  • Benjamin Linke

摘要

The Regulation on third-country subsidies continues to pose numerous uncertainties for undertakings operating within the EU internal market. Economic operators involved in public procurement procedures must adhere to notification obligations if specific value thresholds are met. This results in challenges and uncertainties for both economic operators and contracting authorities/entities. Not only do the notification requirements impose substantial administrative burdens in terms of data collection and assessment, but the legal concepts that determine whether and to what extent notification obligations arise are also exceptionally ambiguous. The following chapter outlines the requirements of notification obligations in public procurement procedures. From an industry perspective, issues related to notification obligations are subsequently discussed, along with proposed changes. The evaluation is conducted from the standpoint of both an economic operator and a contracting entity, as Deutsche Bahn acts in both roles.