Form and manner of sending notices for publication at EU level under Reg. 51 Public Contracts Regulations 2015

Reg.51 of the Public Contracts Regulations 2015(PCR2015) establishes the rules controlling the form and manner of sending notices for publication at EU level, which are coincidental with those imposed by Article 51 of Directive 2014/24, despite being significantly shorter. The omitted parts of Art 51 Dir 2014/24 concern the obligations of the European Commission and the  Publications Office of the European Union and, consequently, there is no shortcoming in the transposition due to these omissions.

Reg.51(1) PCR2015 indicates that the notices required by regs 48, 49, 50, 72, 75 and 79 to be sent for publication in accordance with this regulation shall be sent by electronic means to the EU Publications Office. Given the importance of publication prior to the conduct of the tender procedure, contracting authorities shall ensure that they are able to supply proof of the dates on which notices are sent to the EU Publications Office for publication [reg.51(2)]. To that effect, if the EU Publications Office has given the contracting authority confirmation of the receipt of the notice and of the publication of the information sent, indicating the date of that publication, that confirmation shall constitute proof of publication [reg.51(3)].

Finally, reg. 51(4) PCR2015 foresees that contracting authorities may send notices in respect of public contracts to the EU Publications Office for publication even where they are not required by Part 2 PCR2015 to do so, provided that the notices are sent by electronic means.