Imminent but gradual entry into force of new Belgian legislation on public procurement

According to the last version of the draft royal decree on the award of public procurements in classic sectors (available on 29 March 2017), the Act of 17 June 2016 on public procurement is due to enter into force on 30 June 2017 (at least for contracts in the classic sectors).

However, the entry into force will be delayed in relation to the following provisions:

• mandatary use (in principle) of electronic means for communication and information exchange (Article 14 (1) of the Act);
• electronic availability of the specifications from the date on which the contract notice is transmitted (Article 64 §1 (1) of the Act); and
• electronic use of the European Single Procurement Document (“ESPD”) (Article 73 §2 of the Act).

The following three provisions should come into force:

• On 30 June 2017, for central purchasing bodies and for dynamic purchasing systems, electronic auctions or electronic catalogues.
• On 18 October 2018, for contracts (other than those mentioned above) whose estimated value is equal to or higher than the European thresholds.
• On 1 January 2020, for contracts (other than those mentioned above) whose estimated value is below the European thresholds.

In light of the above, it should be noted that this transitional period will not be granted to central purchasing bodies and that the mandatory use of the ESPD (hard copy) is also due to enter into force on 30 June 2017 (only electronic use is delayed).