Public Procurement Authority

1. The minister responsible for public procurements shall ensure coordination of the monitoring of the application of public procurement rules. In order to do so, the minister responsible for public procurements, the Public Procurement Authority, the State Audit Office, the government body responsible for control, the Hungarian Competition Authority and the body auditing European Union supports shall cooperate with each other and, when identifying a specific infringement or a systemic problem - as a result of their own initiation or following receipt of relevant information -, they notify each other thereof, besides taking other measures in the given case (including the initiation of a review procedure, the initiation of the modification of the relevant legislation).

2. By 18 April 2017 for the first time and every three years thereafter, the minister responsible for public procurements shall forward to the Commission a monitoring report which shall cover, as appropriate, the most common reasons for misapplication of public procurement law or legal uncertainty - including the structural or systematic problems, if any, concerning the application of the rules -, the level of participation of micro, small and medium-sized enterprises in public procurement, furthermore, the prevention, investigation and proper reporting of crimes related to public procurements [in particular the crimes referred to in Article 62(1)(ab) and (ac)], serious irregularities related to conflicts of interest and other serious irregularities. Moreover, at the request of the Commission, the minister responsible for public procurements shall provide information on the practical implementation of national strategic policies on public procurement. Data which are necessary for the monitoring report and the abovementioned provision of information shall be made available in good time to the minister responsible for public procurements by the organisations referred to in paragraph 1 and, for this purpose, the latter may establish a committee with representatives from the organisations referred to in paragraph 1.

3. The minister responsible for public procurements shall ensure publication of the outcome of the monitoring process. The publication may be made on an ad hoc basis or by publishing the monitoring report specified in paragraph 2. Where the outcome of the monitoring is included in the Authority’s report specified in Article 187(4), no further publication of the outcome of the monitoring is required. The minister responsible for public procurements may prepare guidelines or communications with the aim of facilitating the application of the regulations applicable to public procurements based on experiences acquired from the decisions of review procedures and the control of public contracts in practice and concerning practical information on public procurement.

4. The minister responsible for public procurements shall ensure the designation of a contact person responsible for cooperation with the Commission in the application of public procurement rules.

5. By 18 April 2017 for the first time and every three years thereafter, the minister responsible for public procurements shall forward to the Commission a statistical report - made available by the Public Procurement Authority - for procurements which are below the EU thresholds. The minister responsible for public procurements shall inform, as necessary, the Commission of the relevant features of the national institutional framework with respect to the implementation, monitoring of Directive 2014/24/EU of the European Parliament and of the Council and compliance therewith as well as the national initiatives for providing direction and assistance related to the implementation of the EU rules on public procurements or for responding to challenges of implementing those rules. The statistical report and provision of information referred to in this paragraph may be included in the monitoring report specified in paragraph 2.

6. In case of public supply contracts, public service contracts and service concessions the value of which equals or exceeds EU thresholds as well as public works contracts and works concessions the value of which equals or exceeds HUF 300 million, which are carried out using resources other than national resources, the minister responsible for public procurements is tasked with monitoring procurement procedures conducted as well as authorising to modify the contracts based on those procurement procedures. Detailed rules pertaining to the monitoring and authorisation referred to in this paragraph are laid down in a separate act of legislation.

7. The minister responsible for public procurement shall exercise the functions relating to the obligations of the Member States under the IPI Regulation.

1. The government may determine requirements in compliance with this Act, serving the formation of public procurement practice in terms of budgetary organs controlled or supervised by the government, business organisations fully owned by the state or business organisarions fully owned by such business organisation as stipulated by government decree.

2. The minister responsible for public procurements approves the development of the framework for the training of the participants in procurement procedures, furthermore, manages, supervises and controls the public procurement education.

2a. The minister responsible for public procurements is entitled to manage the data concerning the identity, contact information, qualifications, and professional experience of lecturers, for the purpose of recognizing the technical trainings specified in paragraph (2), which are necessary for the registration and renewal of registration in the register of state public procurement consultants.

3. Detailed rules pertaining to the tasks referred to in paragraphs 1-2 are laid down in an act of legislation.

4.

5.

6. The minister responsible for public procurements shall manage and update, based on the documents provided by training organizations, the list of participants in recognized technical trainings, which are necessary for the registration and renewal of registration of state public procurement consultants, as well as the credit points earned through their participation. In the scope of managing this register, the minister responsible shall be entitled to manage the data concerning the identity and contact information of the training participants.

7. The minister competent in public procurements shall perform the responsibilities related to the maintenance and operation of the electronic public procurement system which is to be applied for the conduct of the uniform procurement and concession award procedures.

8. The minister competent in public procurements shall collect statistical data about the procurement procedures, in the scope of performing the responsibilities of operating the EPPS, and shall publish them in regular intervals.

9. The minister responsible for public procurements shall manage and update the records in the EPPS, based on the documents provided by training organizations, including the list of participants in recognized technical trainings necessary for the registration and renewal of registration of state public procurement consultants, as well as the credit points earned through their participation. The minister responsible for public procurement shall grant the Authority access to the credit points obtained by certain individuals based on their participation in recognized professional training courses, for the purpose of registering or renewing their entry in the register, based on a request submitted to the Authority. The administrative service fee payable in the case of registration and renewal of registration shall be allocated to the ministry and the Authority involved in the functions and powers of the minister responsible for public procurement, in the proportions specified by law.

10–11.

12.

1. This Act shall enter into force on 1 November 2015, except for the provisions set out in paragraph 2 and 3.

2.

3. Article 40 shall enter into force on 15 April 2018.

1. The provisions set out in this Act shall be applied to public procurements, contracts concluded on the basis of procurement procedures, design contests and review procedures requested, initiated or launched ex officio in relation thereto and preliminary dispute settlements initiated after the entering into force of this Act. Articles 139, 141, 142, Article 153(1)(c) as well as Article 175 shall be applied to the possibility of amending, without the conduct of a new procurement procedure, public procurements or contracts, which were concluded on the basis of procurement procedures, started before the entry into force of this Act, as well as to the control of the amendment thereto and performance thereof, furthermore the provisions of Chapter XXI. for review procedures in relation thereof.

2. The provisions laid down in the Act CVIII of 2011 on Public Procurement shall be applied to public procurements, contracts concluded on the basis of procurement procedures, design contests and review procedures requested, initiated or launched ex officio in relation thereto and preliminary dispute settlements started before 1 November 2015, save for the provisions referred to in the second sentence of paragraph 1.

3. Until the entering into force of the separate act of legislation under Article 9 (1)(a) conducting the review procedure in procurement procedures governed by Governmental Decrees in compliance with Article 198 (1) 20-21 shall fall within the competence of the Public Procurement Arbitration Board. Chapter VI. of the present Act shall be applied during the review procedure, with the proviso that the appeal and the decision shall not be published on the homepage of the Public Procurement Auhtority and the Public Procurement Arbitration Board shall hold only a closed meeting.

4. The provisions of Article 5 (3), 62 (5a) of the present Act enacted by Act LXIII of 2016 on the Modification of Act CXLIII of 2015 on Public Procurement (hereinafter referred to as Modification Act) shall be applied in public procurements, public procurement procedures, contracts concluded pursuant to procurement procedure and for review procedures in relation thereto, which started after the entering into force of the Modification Act.

5. Articles 31(5) and 32(3) of this Act, repealed by the Act CLX of 2016 on the Amendment of the Act CXLIII of 2015 on Public Procurement and Certain Related Acts (hereinafter referred to as the ‘Amending1 Act’) shall not be applied in ongoing procurement procedures.

6. The provisions of Article 3 points 21 and 24a, Article 4(1) and (3), Article 5(2), (3) and (5), Article 6(1)(e)-(f) and (4), Article 9(1)(g), (8)(e)-(g), Article 15(5), Article 19(4)(a), Article 20, Article 21(1), Article 25(2), Article 27(3), Article 29(4), Article 30(1) and (4), Article 31(5), Article 32(3), Article 37(3), Article 39(1), Article 40(1), Article 44(1), Article 50(2)(m) and (n), Article 55 (1) and (2), Article 61(5), Article 62(1)(h) and (p), Article 63(1)(a), Article 65(2), (5) and (9), Article 69(4), Article 70(1), Article 71(8)(b), Article 71(9), Article 75(2)(e) and (f), as well as (6), Article76(8), Article 81(6), Article 98(2a), Article 100(5), Article 102(3)(b), Article 103(4)-(6), Article 107(2), Article 111(n), Article 113(1), (2) and (5)(a) and (c), Article 114(1), (2), (4) and (14), Article 115(1), (2), (5)-(7), Article 117(9), Article 119(4), Article 123(2), Article 135(8) and (9), Article 138(1)-(2), (3) and (5), Article 141(2)(b), (3), Article 146(4), Article 177(3) and (4), Article 181(3), Article 182(1), (2) and (11), Article 184(1), Article 187(2)(ac), (n) and (u), as well as (6)-(9) and (11), Article 189(1), Article 192(7), 195(5)-(12), Article 196(2)-(3), Article 197(5)-(6), Article 198(1) points 8 and 20, as well as (2)(a) and (c) of the present Act enacted by the Amending1 Act shall be applied for procurements, public procurement procedures, contracts concluded pursuant to public procurement procedure and for review procedures in relation thereto, which started after the entering into force of the Amending1 Act. The contracting parties may agree that they will apply Article 138(1) and (5) of this Act as amended by the Amending1 Act to their contract already concluded and, in case of public service contracts, they will not enforce restriction on the participation of subcontractors. Such modification of the contract shall not be considered substantial according to Article 141(6) of the PPA and shall not entail any obligation to conduct a new public procurement procedure.

7.

8. The provisions of this Act enacted by Act CLXXXVI of 2017 on the Amendment of Acts Related to the Mitigation of Bureaucracy in Administration and the Simplification of Certain Official Procedures (hereinafter referred to as Amd2) shall apply to procurements, procurement procedures and contracts concluded on the basis of a procurement procedure commenced on and after 1 January 2018.

9. With the exception of the provisions pursuant to paragraph 8, the provisions of this Act in force prior to 1 January 2018 shall apply to the procurement procedures invited by a prior information notice pursuant to Article 51, published before 1 January 2018, and a summary information pursuant to Article 113.

10. The provisions of this Act enacted by Act LXXXIII of 2018 on the Amendment of Act CXLIII of 2015 on Public Procurements (hereinafter referred to as Amd3) shall, save for paragraph (11)-(13), apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of Amd3 and to review procedures applied for, initiated or launched ex officio after the entry into force of Amd3.

11. The provisions in Article 5(3) of this Act enacted by Amd3 can also apply in the case of subsidy not yet used on the basis of the funding relationship prevailing at the time of entry into force of Amd3 and not yet settled to the party granting the subsidy, in the case of ecclesiastical legal entities, unless, in the interest of use of the subsidy, the ongoing procurement procedure is one where the contracting authority is no more entitled, in accordance with Article 53, to withdraw from the public procurement.

12. Article 40(2) of this Act established by Article 11 of Amd3 shall also apply to the system usage fees paid, on the basis of the government decree on the detailed rules of electronic public procurement, for the procedures launched in the EPPS before the entry into force of Amd3.

13. The provisions in Article 177(3) of this Act established by Amd3 shall apply to the enforcement of claims after the entry into force of Article 177(3) established by Amd3.

14. Unless otherwise provided by this Act and an act of legislation based on the empowerment of this Act, the provisions of this Act established by the amending act or act of legislation shall, in the case of amendment of this Act and an act of legislation based on the empowerment of this Act, apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of the amending act or act of legislation, and the provisions of the amending act of legislation relevant to the procedure of review bodies shall apply to review procedures applied for, initiated or launched ex officio after the entry into force thereof.

15. The provisions of this Act enacted by Act CXX of 2019 on the Amendment of Certain Acts Concerning Public Procurements (hereinafter referred to as Amd4) shall, with the exceptions in paragraph 16, apply to procurements, contracts concluded on the basis of procurement procedures, design contest procedures and preliminary dispute settlements launched after the entry into force of Amd4, and to review procedures applied for, initiated or launched ex officio after the entry into force of Amd4.

16. In the case of any subsidy not yet used in the frames of the funding relationships existing, based on the provisions of this Act established by Amd4 and relevant to the repeal of its Article 5(3), at the entry into force of Amd4, the conduct of the procurement procedure shall not be subject to an obligation, unless, in the interest of use of the subsidy, the ongoing procurement procedure is one where the contracting authority is no more entitled, in accordance with Article 53, to withdraw from the public procurement.

17. The government shall publish the text of the single decisions not yet published, on the basis of Article 5(5) of Amd4, in a summarized form in the Hungarian Official Gazette (Magyar Közlöny) until the entry into force of Amd4, in an informative notice, in a summarized form, until 31 March of the year after entry into force of Amd4.

18. Article 4(3), Article 195(1), (4) and (5) of this Act in force until 31 December 2019 shall apply to procurements, contracts concluded on the basis of procurement procedures and design contest procedures launched until 31 December 2019.

19. Article 4(3) of this Act, established in an act on the amendment, in the interest of harmonisation of law, of certain acts related to the entry into force of Act CVII of 2019 on Bodies with a Special Legal Status and the Legal Standing of their Employees shall apply to contracts concluded after the entry into force thereof.

20. Article 3 28 a), Article 5 (3) and (5) of this Act, established by Act LXXXI of 2020 on the Administrative and Economic Recovery Aimed Amendment of Certain Acts, furthermore on certain asset management related provisions (hereinafter: Amd5) shall apply to procedures in progress on the day of entering into force of Amd5, furthermore, it shall also apply to existing legal relationships.

21. [20] Article 43(1) and (1a) of this Act, as established by Act CXXVIII of 2020 amending Act CXLIII of 2015 on Public Procurement and certain related acts, shall also apply to contracts concluded before the entry into force of these provisions.

22. Article 138 (3) of this Act, established by Act CXXVIII of 2020 on the Amendment of Act CXLIII of 2015 on Public Procurement and certain related Acts shall apply to contracts concluded under public procurement procedures launched prior to the entry into force of this provision, in terms of subcontractors not yet reported concerning contracts concluded. The amendment of the draft contract included in the public procurement documents or the contract concluded is unnecessary, the contract – by way of derogation from Article 131 (1) in the given case - may be concluded with the content pursuant to Article 138 (3) or in terms of contracts already concluded, the winning tenderer may make a declaration not only in the contract about not employing subcontractors being subject to exclusion grounds. Article 152 (2) of this Act, established by Act CXXVIII of 2020 on the Amendment of Act CXLIII of 2015 on Public Procurement and certain related Acts shall apply to review procedures initiated due to infringements committed after the entry into force of this provision.

23. Article 9(11) of this Act, as established by Act CI of 2021 on certain asset management matters and amending certain Acts to promote the coherence of the legal system (Act Amd6.), shall also apply to proceedings commenced and contracts concluded before its entry into force. For the purposes of the application of Article 62(1)(l) of this Act, established by Act CI of 2021 (Act Amd6.), the term “labour penalty” shall also be understood to include the obligation to pay the penalty imposed pursuant to Article 7/A of Act LXXV of 1996 on Labour Inspection, which was in force prior to 1 March 2021.

24. Article 43(2)(e) and Article 138(3) of this Act, as laid down by the Eufetv., shall apply to contracts concluded after the entry into force of these provisions.

25. Article 148(7)(f), Article 148(9), and the amended paragraphs (3), (4), and (7) of Article 148 of this Act, established by Act XVI of 2023 amending Act CXLIII of 2015 on Public Procurement (hereinafter: Act Amd7.), shall apply to remedial procedures initiated due to violations that occurred after the entry into force of these provisions.

26. The amended Article 152(2)–(2a) and (4) of this Act, as modified by Act Amd7., shall apply to remedial procedures initiated due to violations that occurred both after and before the entry into force of these provisions, if the authority initiating the procedure ex officio became aware of such violations after the entry into force of these provisions.

27. The amended Article 131(8)(b) and (d) and the established Article 137(1)(d) of this Act, as modified by Act Amd7., shall also apply to framework agreements concluded and dynamic purchasing systems established based on public procurement procedures initiated before the entry into force of these provisions. The amended provisions do not apply to procurements under these framework agreements and dynamic purchasing systems that are ongoing at the time of entry into force of these provisions.

Article 197/B

1. The President, Vice-President, and members of the Council shall–in accordance with Article 182(6) of this Act established by Act XVIII of 2022 on the amendment of Act XXXVI of 2012 on the National Assembly and certain related Acts–make a declaration of property by 5 August 2022, based on the status as of the date of the declaration.

2. The declaration of property of the spouse, partner, or children of a member of the Council living in the same household as the President, Vice-President, or member of the Council on the date of entry into force of Act XVIII of 2022 amending Act XXXVI of 2012 on the National Assembly and certain related Acts, shall be kept by the administrator of the declarations of property until 1 August 2023.

3. In proceedings relating to the declaration of property pending at the time of the entry into force of Act XVIII of 2022 amending Act XXXVI of 2012 on the National Assembly and certain related Acts, the rules in force at the time of the initiation of the proceedings shall apply.

Article 197/C

1. The President, Vice-President, and members of the Council shall–in accordance with the provisions laid down in Act XXXI of 2022 amending certain laws relating to the declaration of property in connection with the control of the use of EU budgetary resources, and at the request of the European Commission, in the form and content established by Act LVI of 2022 on the amendment of certain laws necessary to complete the conditionality procedure–make a declaration of property first by 31 January 2023, based on the status as of 1 November 2022. This declaration shall be accompanied by the declarations of property of their spouse, partner, or children living in the same household.

2. In proceedings concerning the declaration of property pending on the date of entry into force of Act XXXI of 2022 amending certain acts on the declaration of property and related to the control of the use of EU budgetary resources, the rules in force on the date of the opening of the proceedings shall apply.

Article 197/D

1. Accredited public procurement consultants can continue their activities related to public procurement procedures started before the entry into force of Act LXIX of 2023 on the order of public construction investments (hereinafter referred to as the Investment Act) after the entry into force of the Investment Act. In this case, they still have the right to use the title of accredited procurement consultant in their activities.

2. On the date of entry into force of the Investment Act, accredited public procurement consultants listed in the register maintained by the Public Procurement Authority, pursuant to Government Decree 257/2018 (XII. 18.) on the activities of accredited public procurement consultants, shall, by virtue of the law, be registered in the register of state public procurement consultants. The Public Procurement Authority shall inform them in writing within 15 days.

3. Accredited public procurement consultants shall declare in writing within 30 days of receiving the information mentioned in paragraph 2 whether they accept to carry out their activities as state public procurement consultants.

4. The Public Procurement Authority shall remove from the register the accredited public procurement consultants who

a) fail to make a declaration within the time limit set out in paragraph 3,

b) in their declaration do not undertake to act as a state public procurement consultant, or

c) fail to certify to the Public Procurement Authority within the deadline mentioned in paragraph 3 the existence of an employment relationship established with the contracting entity mentioned in Article 5(1)(a) and (b), and Article5(1)(c)(ca) and (cb), by providing the employer’s details.

Article 197/E

1. Article 197/D established by the Investment Act shall apply until 30 June 2026, with the derogations contained in paragraphs 2 and 3.

2. In the case of the procurement of goods or services, a body subject to public procurement as defined in a Government Decree may, based on the rules in force on the day before the entry into force of the provisions of this Act as amended by the Investment Act, engage an accredited public procurement consultant for its procurement procedures. In such cases, the accredited public procurement consultant shall act on the basis of the provisions in force on the day before the entry into force of the provisions of this Act as amended by the Investment Act.

3. The accredited public procurement consultant who does not undertake to act as a state public procurement consultant in accordance with Article 197/D shall continue to act as an accredited public procurement consultant in accordance with paragraph 2 in the case of the procurement of goods or services by the body subject to public procurement, provided that the Public Procurement Authority does not remove them from the register.

1. The Government shall be empowered to regulate in a decree

1. the detailed rules, in procurement procedures, pertaining to the way of certification of suitability and the non-existence of the exclusion grounds, the documents which may be requested for that purpose, the determination of the contents of suitability criteria as well as the verification of the suitability and the non-existence of the exclusion grounds by the contracting authority, the determination and the contents of the public procurement technical specifications;

2. rules pertaining to approved tenderers, conditions for and way of certification of being included in the list of approved tenderers, rules of the keeping of the lists of approved tenderers, requirements for the non-existence of exclusion groundss and suitability proved by the certificate based on the list, as well as the requirements proved by such a certificate issued by the organisation of another Member State of the European Union;

3. the rules pertaining to design contests;

4. specific public procurement rules pertaining to the procedures aimed at the conclusion of contracts of contracting entities, as well as rules pertaining to the procedure according to Article 13;

5. detailed rules pertaining to the centralised public procurements in relation to budgetary authorities controlled or supervised by it, to public foundations founded by it and the business organisations owned by the state, the amount of the fee covering the costs that shall be incurred only in connection with the execution, to be paid to the entity authorised to publish tenders in the framework of centralised public procurement;

6. in the case of organisations funded from the Health Insurance Fund, the detailed rules of centralised procedures related to health care services and the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation;

7. detailed rules pertaining to central procedures related to government communications, organisational development and event organization tasks, the amount of fee payable to the organisation authorised to invite tenders in a centralised procedure whose sole purpose is to cover the expenses incurred in the course of the implementation, as well as the rules pertaining to public procurement of communications, organisational development and event organization services and related supply contracts ensuring government communications, organisational development and event organization tasks, different from those set out in this Act due to the very particular features of such procedures;

7a. the detailed rules for centralised procedures for government IT procurement, which differ from the provisions of this Law due to the specificities of these procedures, the amount of the fee to be paid to the body entitled to call for tenders in centralised procurement, covering only the costs incurred in the implementation;

7b. regarding the procurements related to the governmental training and educational tasks carried out in accordance with the Act CXXXII of 2011 on the National University of Public Service and Higher Administrative, Law Enforcement and Military Education, Article 1/C, the detailed rules of the centralised procedures, the amount of the fee to be paid to the body entitled to call for tenders in the course of centralised public procurement, covering only the costs incurred in the implementation, and the rules of governmental training and education procurement, which differ from the present Act due to the specific nature of such procedures, are established.

8. the detailed rules pertaining to procedural acts which may be conducted by electronic means, electronic auctions, electronic catalogue as well as electronic procurements, different from those set out in this Act as required by the use of electronic means, the exceptions from the obligatory use of electronic means of communication, the provisions concerning the operation of the EPPS, the detailed conditions of the use thereof and the range of data, not considered personal data, to be recorded in the EPPS in regard to the specific public procurement, besides those stipulated in this Act, the detailed rules pertaining to - upon the use of frameworks agreement and dynamic purchasing system - the publication of contracts and data concerning contract performance;

9. detailed rules, different from those set out in this Act as required by the particular features of public contracts having those subject-matters, for public works and the purchase of the related design and engineering services for the execution of public works contracts, as well as rules, which are different from those set out in this Act and in the Civil Code, pertaining to the payment of the consideration set out by the contract, in case of public works contracts;

10. detailed rules pertaining to the award criteria and method with respect to certain subject-matters of public procurement, the determination of cases where there is an obligation to integrate social, in particular employment-related and environmental, sustainability, energy efficiency considerations in the procurement procedures and the methods thereof, including the mandatory application of reserved public procurement;

11. the specific rules pertaining to public procurement of pharmaceutical products, disinfectants and medical technology equipment, different - as required - from those set out in this Act;

12. the conditions and the procedure concerning the initiation of the exemption of procurements under Article 9 (1) (b) by the competent committee of the National Assembly, furthermore the requirements to be imposed by the contracting authority during the realisation of such procurements;

13. the specific public procurement rules for determining and taking into consideration of the energy and environmental impacts for the whole operational lifetime of the vehicle, entails with the operation of road vehicles, and the detailed rules for the related reporting obligation;

14. the bodies pursuant to Article 195 (1) and upon the public procurement of such bodies, the requirements for the preparation of public procurement, the conditions of public procurement procedures or the content of public contracts;

15. For the purposes of public supply contracts, public service contracts and service concessions the value of which equals or exceeds EU thresholds as well as public works contracts and works concessions the value of which equals or exceeds HUF 300 million, which are carried out using resources other than national resources, the detailed rules pertaining to the monitoring of procurement procedures conducted as well as the authorisation of the modification of contracts based on those procurement procedures.

16. detailed rules pertaining to the official control to be conducted by the Public Procurement Authority for the controlof performance and modification of contracts, its obligations related to the verification of contracting authorities and economic operators in the framework of which the Public Procurement Authority is entitled to be fully apprised of all the information related to the performance, modification of the procedure and the contract and may ask contracting authorities and economic operators to supply it with all relevant information;

17. cases where there is an obligation to reserve public contracts for sheltered places of employment, developmental employers and organisations emloying disadvantaged workers;

18. the detailed rules pertaining to procurement within the scope of the NATO Programme for Security, and other programmes commonly financed and supported by NATO;

19. rules pertaining to the development of the framework for the training of the participants in procurement procedures, the management, supervision and control of public procurement education;

20. the cases and conditions of mandatory use of preliminary market consultation, the conditions of the obligation to publish an action plan to increase the level of competition in public procurement procedures, and the rules on monitoring and organisational measures to improve competition in public procurement;

21. the specific rules concerning the procurement related to the measures connected to the crisis due to mass migration;

22. for the activity of state public procurement consultants, the state public procurement practice as a condition for the activity of state public procurement consultants and the certification thereof, the registration procedure of state public procurement consultants, the register of state public procurement consultants and its maintenance, the conditions for registration, the professional body of state public procurement consultants, as well as the rules on public liability insurance as a condition for the activity of state public procurement consultants;

23. the specific rules for public contracts in the field of public catering, which are necessary to derogate from the rules of this Act because of the specific nature of these procedures;

24. the specific rules for certain procurements relating to the supply of persons recognised as beneficiaries of temporary protection, which, if necessary, because of the specific nature of such procurements, shall be different from those laid down in this Act;

25. the category of contracting authorities according to Article 197/E(2).

2. The Minister competent in public procurements shall be empowered to regulate in a decree

a) the rules of sending, dispatching and publishing notices, and the public procurement plan, the examination of notices and, with the consent of the minister responsible for tax policy, the amount of the related fees, the detailed rules on collecting, handling, registering, and refunding thereof, furthermore, the order of publication thereof in the Public Procurement Bulletin or on the homepage of the Public Procurement Authority, as well as the amount of the fee payable for monitoring the compliance, performed pursuant to Article 103 by the Public Procurement Authority with the consent of the minister responsible for tax policy, of negotiated procedures without contract notice, and the detailed rules of collecting, handling, registering and refunding of the fee;

b) the standard forms for notices, content elements of the notices and award summaries, the minimal data content of the public procurement plan;

c) the rules pertaining to the amount of the administrative service fee payable for the registration of state public procurement consultants, as set with the consent of the minister responsible for tax policy, and the collection, handling, registration, and refund of this fee, as well as the amount of the administrative service fee payable for the registration in the register, the renewal of the registration, and the completion of the data provided for the registration, including the handling, registration, and refund thereof;[22]

d) the specific rules pertaining to the service fee payable for the use of the EPPS, the measures that the operator of the system is entitled to take in case of failure to pay the fee for the use of the EPPS, as well as the maintenance and operation of the EPPS;[23]

e)

f)

1. This Act ensures compliance with:

a) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts;

b) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors;

c) 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 review procedures concerning the award of public contracts,

d) Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles, also including the Government Decree enacted based on the authorisation given in Article 198(1)(13) of this Act and Act XXXIII of 2004 on the scheduled passenger transport by bus,

e) Article 7(1)(b) of Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals,

f) Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions,

g) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on concession contracts,

h) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurements and repealing Directive 2004/18/EC,

i) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures of entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC,

j) Directive 2019/1161/EU of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy efficient road transport vehicles,

k) Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union.

2. This Act sets out the provisions necessary to implement

a) Commission Regulation (EC) No 213/2008 of 28 November 2007 amending Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) and amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council on public procurement procedures as regards the revision of the CPV,

b) Regulation (EU) No 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign aid that distorts the internal market,

c) Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI), and

d) Commission Implementing Regulation (EU) 2019/1780 of 23 September 2019 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015/1986 (eForms).