COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects
Date: 2017-10-03
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EU programme, administrative cooperation, industrial infrastructure, investment aid, investment project, investment promotion, public authorities, public contract, transport infrastructure, urban infrastructure

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 3.10.2017  COM(2017) 573 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Helping investment through a voluntary ex-ante assessment of the procurement aspects for large infrastructure projects  
 
 
1. 

INTRODUCTION 

The  EU’s  top  priority  is  jobs,  growth  and  competitiveness,  which  means  stimulating 
investment at local, regional, national and European level. This Communication is about 
helping  public  authorities  manage  large  procurement  projects,  irrespective  of  whether 
they are funded by the EU or not,  as efficiently as possible so as to optimise value for 
taxpayers, deliver high-quality infrastructure, and maximise jobs and growth. To this end, 
the Commisison will operate a three-pillar mechanism to support these public authorities 
in their application of EU procurement rules. 

Since  the  current  European  Commission  took  office  in  November  2014,  it  has  put 
investment  centre  stage,  introducing  the  Investment  Plan  for  Europe.  This  includes  the 
European  Fund  for  Strategic  Investments  (EFSI),  whose  objective  is  to  mobilise  
EUR  315  billion  by  mid-2018,  using  public  guarantees  to  attract  and  secure  private 
investment  in  major  projects.  Key  to  the  success  of  the  Plan  is  removing  obstacles  to 
investment, achieving greater regulatory predictability and providing technical assistance 
for investment projects. 

Given the Plan’s early success in delivering results, the European Commission decided in 
2016  to  extend  its  duration,  increase  its  firepower,  and  strengthen  it  by  stepping  up 
technical assistance and removing obstacles to investment within the Single Market1. The 
European  Fund  for  Strategic  Investment  (EFSI  2.0)2  proposal  will  help  to  boost 
significantly the EU economy. Not only does the EFSI aim to increase total investment 
mobilised to at least EUR 500 billion by end-2020 but also to improve its geographical 
coverage  and  boost  take-up  in  less  developed  and  transition  regions.  This  is  crucial  to 
future job creation, growth and competitiveness in Europe. 

At  the  same  time,  the  Connecting  Europe  Facility  (CEF)  supports  EU  connectivity  in 
transport,  energy  and  telecommunications,  financing  projects  in  Trans-European 
Network.  Since  2014,  it  has  so  far  invested  EUR  25  billion  which  has  resulted  in 
approximately EUR 50 billion of overall infrastructure investment in the EU. 

Attracting  private  investment  is  essential,  as  is  using  public  procurement  as  effectively 
and efficiently as possible. Public procurement represents around 14 % of EU GDP, with 
public  authorities  spending  over  EUR 2  trillion  of  European  taxpayers’  money  every 
year. Yet the potential for public procurement to stimulate jobs and growth is not fully 
used. 

Procurement  procedures  ensure  that  the  project  promoter  will  be  able  to  compare 
different offers and chose the most suitable one, getting the best value for money. It also 
gives confidence to companies to submit bids as the choice of the contractor will be done 
on  the  basis  of  fair  treatment  and  equal  footing.  However,  procurement  is  still  often 
carried  out  without  the  necessary  skills,  technical  knowledge  or  full  procedural 
understanding3.  

1   COM(2016) 581. 
2   COM(2016) 597; 2016/0276 (COD). 
3   Communication, ‘Upgrading the Single Market: more opportunities for people and business’ Point 3.2 

of COM(2015) 550. 

2 

 
                                                 
Many large-scale infrastructure projects are not executed according to plan. Budgets are 
frequently  not  respected  and  overspent.  Planning  and  implementation  often  take 
considerably longer than initially foreseen4. 

There  are  many  reasons  for  this:  uncertainty  as  to  the  level  and  means  of  financing, 
incomplete  or  superficial  evaluation  of  needs,  and  changing  economic  and  political 
conditions. The complexity and duration of public procurement procedures, together with 
errors  in  the  procedures  and  weaknesses  of  certain  Member  States'  public  procurement 
systems5 also play a role.  

Major cross-border projects closing infrastructure gaps  between  Member States face an 
additional  challenge  due  to  possible  differences  between  the  national  legislative 
frameworks.  Although  the  majority  of  the  rules  in  public  procurement  have  been 
harmonised  at  EU  level,  the  public  procurement  directives  allow  for  flexibility  at  the 
national level. 

This  situation  needs  to  change.  This  Communication  offers  some  key  elements  to 
contribute  to  that  change.  As  announced  in  the  Single  Market  Strategy6  and  ‘Europe 
investing  again’7  Communications,  the  Commission 
introducing  a  three-part 
mechanism for large infrastructure projects — to provide clarity and guidance to public 
authorities,  and  help  them  to  exchange  and  adopt  best  practices.  This  will  help  to 
improve the effectiveness of national expenditure, which is essential to unlocking the full 
potential of investment in Europe. 

is 

This  initiative  is  one  of  the  pillars  of  the  Commission’s  strategy  to  improve  the 
effectiveness  of  public  procurement  and  make  it  more  strategic,  thereby  promoting 
competitiveness, jobs and growth. 

Hence,  the  ex-ante  mechanism  is  part  of  a  procurement  package,  which  includes  a 
Communication on Public Procurement Strategy, ‘Making Procurement work in and for 
Europe’,  and  a  Commission  Recommendation  on  Professionalisation  of  Public 
Procurement: "Building an architecture for professionalisation of public procurement". In 
parallel,  a  consultation  is  launched  on  a  draft  guidance  on  innovation  procurement,  to 
support the breakthrough of new and more sustainable solutions for our societies. 

When procurement is not planned carefully, it threatens public investment   

A  major  town  was  in  urgent  need  of  a  new  non-residential  construction.  A  private 
developer proposed constructing the necessary building. The public authorities and the 
developer entered into a rental agreement for the building before the work started. The 
rental  agreement,  made  without  any  call  for  tender,  contained  the  public  authorities’ 
detailed requirements for the building. 

On the basis of a citizen’s complaint, the Commission concluded that, as the project was 
covered  by  EU  public  procurement  rules,  it  should  have  been  put  out  to  tender.  The 
authorities  of  the  town  were  obliged  to  terminate  the  rental  agreement,  or  else  face 
penalties from the EU. At the same time, they were subject to claims for damages from 
the private developer for terminating the rental agreement. 

4   According  to  Bent  Flyvbjerg's  study,  ‘What  You  Should  Know  About  Megaprojects,  and  Why:  An 

Overview’, 2014, 9 out of 10 of these projects go over budget or over time. 

5   These weaknesses are highlighted for certain Member States in the 2017 European Semester: Country 

Reports (https://ec.europa.eu/info/publications/2017-european-semester-country-reports_en).   

6   COM(2015) 550. 
7   COM(2016) 359. 

3 

 
                                                 
By  using  the  proposed  mechanism,  the  authorities  could  have  avoided  the  legal 
difficulties enabling them to run an economically sound project. 

2.  THE VOLUNTARY EX-ANTE MECHANISM 

National  authorities  and  contracting  authorities/entities  have  the  option  to  use  the 
mechanism on a voluntary basis to raise questions8;9 with the Commission and receive an 
assessment10  of  a  project’s11  compatibility  with  the  EU  regulatory  framework  before 
taking important steps, e.g. launching a call for tender for the main project works, signing 
an  international  agreement  or  deciding  to  use  a  negotiated  procedure  without  prior 
publication. 

National  authorities  and  contracting  authorities/entities  dealing  with  large-scale  and,  in 
particular,  cross-border  projects  can  use  this  mechanism  when  and  where  there  is  a 
perceived need or usefulness. This will help reduce the risk of delays and cost overruns 
arising from difficulties in public procurement processes. 

The  mechanism  will  help  to  develop  good  practices  within  the  revised and  modernised 
European  public  procurement  framework  adopted  in  201412.  This  may  be  especially 
important for concessions, which for the first time are fully subject to a harmonised EU 
regime. 

The  mechanism  is  intended  for  all  types  of  infrastructure  projects,  in  particular  the 
transport  and  energy  sectors,  ICT  and  non-residential  construction13.  It  is  generally 
available  above  certain  thresholds14.  In  addition,  a  Member  State  can  request  the 
Commission to use the mechanism for any lower value infrastructure projects it considers 
to be of high importance for itself and/or the EU as a whole15, for instance, for projects of 
common interest (PCI) in the field of the Trans-European Networks. 

8   A request for support can only come from the authorities involved in the project. They need to supply 
specific information on it and only they can explain the issues that are of concern to them. Depending 
on the specific nature of each project and on the Member State concerned, these authorities can range 
from  the  ministry  responsible  (at  national  or  regional  level)  for  the  sector,  in  which  the  project  is 
developed, to the national procurement authorities or the contracting authorities/entities. 

9   The questions and notifications can be sent in any of the EU official languages. 
10   The views expressed by the Commission services in their assessment are not legally binding on those 
using  the  mechanism  or  on  the  Commission,  and  are  without  prejudice  to  the  interpretation  of  the 
relevant rules by the Court of Justice of the European Union. 

11   A project represents the totality of works, supplies and services required for constructing and operating 
large infrastructure developments and can be procured by one or more contracting authorities. It can, 
for example, entail developing a piece of linear transport infrastructure, such as adjacent sections of a 
motorway  aimed  at  connecting  two  nodes,  or  cover  a  single  energy  infrastructure  project,  such  as 
constructing a power plant and its connections to the national grid. 

12   The  2014 reform  contained  the  Directive  2014/24/EU  on public procurement,  Directive  2014/25/EU 
on  procurement  by  entities  operating  in  the  water,  energy,  transport  and  postal  services  sectors  and 
Directive 2014/23/EU on the award of concession contracts. The transposition deadline expired on 16 
April 2016. 

13     Large framework agreements covering several smaller projects are not covered by this mechanism. 
14   The  proposed  thresholds  have  been  defined  on  the  basis  of  an  analysis  of  infrastructure  projects 
published in the Tender Electronic Daily from 2010-2015. They aim to focus the mechanism on the 
most important infrastructure investment projects in and for the EU.  

15   Following reception of a request, the Commission services will assess its admissibility, and inform the 

Member State on the conditions for its acceptance. 

4 

 
                                                 
The  mechanism  will  analyse  the  issues  raised  in  the  light  of  the  European  public 
procurement  framework.  It  will  supplement,  not  replace,  the  existing  national 
mechanisms for ex-ante checks or support. Member State authorities are responsible for 
the  national  dimension  of  public  procurement,  and  any  project  will  have  to  respect 
national  laws,  including,  as  applicable,  Union  law.  Member  State  courts  or  remedies 
bodies are competent to decide on any conflict. 

Before  establishing  the  mechanism,  the  Commission  consulted  widely  with  national 
authorities,  public  procurement  experts,  business  organisations,  promoters  and  other 
stakeholders  on  its  usefulness  and  on  the  different  parameters.  Stakeholders  generally 
supported the proposed mechanism and indicated their readiness to use the various tools. 
Many  suggested  broadening  its  scope  and  lowering  the  threshold.  A  summary  of  the 
results of the open public consultation has been published16. 

through 

Assistance  provided 
the  mechanism  will  complement  existing  support 
mechanisms  such  as  the  European  Investment  Advisory  Hub  (EIAH),  the  Joint 
Assistance to Support Projects in European Regions (JASPERS) and the European PPP 
Expertise Centre (EPEC). These mechanisms only apply to projects that benefit from, or 
focus  on  sectors  eligible  for,  financial  support  from  the  European  Commission  or  the 
European Investment Bank, and they do not comprehensively focus on the procurement 
issues and processes. For example, JASPERS’ main role is to provide assistance until a 
project  is  submitted  for  appraisal  for  EU  funding.  EPEC  assists  public  authorities  only 
when  they  plan  to  realise  their  projects  through  public-private  partnerships,  with  an 
emphasis  on  funding  and  financing.  It  does  not  assist  in  choosing  the most  appropriate 
procurement model, and it does not provide expertise for projects developed in another 
way. The voluntary ex-ante mechanism will provide specific and dedicated support on all 
public  procurement  questions 
It  offers 
comprehensive assistance that completes the toolbox available to Member States. 

throughout  project 

implementation. 

Through  a  combination  of  tools,  each  with  its  own  specific  features,  Member  State 
authorities  and  promoters  will  benefit  considerably  from  existing  expertise  for  large 
infrastructure projects. 

Projects funded under the EFSI or other EU instruments such as the Connecting Europe 
Facility  will  benefit  from  the  mechanism  alongside  support  from  the  European 
Investment  Advisory  Hub.  Many  are  infrastructure  projects,  such  as  renewable  energy 
projects (e.g. wind farms) and projects to upgrade transport networks. The EFSI has also 
been used to improve social infrastructure. Dealing successfully with public procurement 
issues can be crucial to the success of these projects. 

In relation to the Investment Plan for Europe, the Commission announced17 that it would 
set up a single investment policy team, bringing together all the responsible Commission 
departments to be able to assess quickly and effectively large infrastructure projects. The 
first  steps  in  setting  up  this  function  have  been  taken.  The  ex-ante  mechanism  will 
provide input to this framework, and will integrate with and support this broader function 
once it becomes fully operational. Finally, an assessment18 and public consultation19 are 

16   http://ec.europa.eu/growth/tools-databases/newsroom/cf/itemdetail.cfm?item_id=9021 .  
17   COM(2016) 359; COM(2016) 581; COM(2016) 764. 
18   http://ec.europa.eu/info/law/better-regulation/initiatives/ares-2017-3272163_en   
19   https://ec.europa.eu/transport/themes/infrastructure/consultations/2017-ten-t-implementation_en  

5 

 
                                                 
underway  to  determine  what  additional  measures  might  be  useful  to  assist  project 
promoters implementing cross-border projects and other TEN-T projects. 

3.  STRUCTURE OF THE VOLUNTARY EX-ANTE MECHANISM 

The mechanism will have three components: 

i. 
ii. 
iii. 

a helpdesk, 
a notification mechanism and 
an information exchange mechanism. 

These components can be used independently of each other for each project. 

3.1.  The helpdesk 

A helpdesk will be available to national authorities and contracting authorities/entities to 
provide guidance, answer questions, and clarify specific public procurement issues at an 
early stage in preparing public procurement decisions. The helpdesk will be available for 
projects whose total estimated value is at least EUR 250 million20. 

It can play an important role for cross-border projects in understanding the implications 
of different potential solutions. 

National  authorities  can  contact  the  helpdesk  on  specific  issues  they  face  when 
developing  the  procurement  plan  for  a  project.  These  questions  could,  for  example, 
concern:   

 

the  applicable  EU 
procurement or utilities directives; concessions directive, etc. 

legal  framework  governing 

the  project:  classic 

  conditions for exclusions from the directives; 
  procurement procedures to be used and their specific features; 
  selection and award criteria; 
 
  how  to  implement  joint  procurement  under  Article  39  of  Directive 

inclusion of green, social and innovative considerations; 

2014/24/EU. 

If need be, the helpdesk will continue to offer advice throughout the project, for example 
on issues related to award procedures or the possibility of amending existing contracts. 
However, any detailed assessment of the broader procurement plan or specific aspects of 
it,  will  have  to  be  conducted  under  the  notification  mechanism.  The  conditions  of  the 
notification mechanism will apply.  

All  questions  will  need  to  be  submitted  through  the  dedicated  electronic  system  at: 
https://ec.europa.eu/growth/tools-databases/pp-large-projects/. The electronic system will 
handle all exchanges of information, any subsequent questions and Commission replies. 
Through this system, users can submit additional questions or notify the Commission of 

20   A Member State can request the Commission to use the mechanism for any lower value infrastructure 
projects  it  considers  to  be  of  high  importance  for  itself  and/or  the  EU  as  a  whole,  for  instance,  for 
projects of common interest (PCI) in the field of the Trans-European Networks. Following reception of 
a request, the Commission will assess its admissibility, and inform the Member State on the conditions 
for its acceptance. 

6 

 
                                                 
the project at a later stage. This will allow the Commission to keep track of the project 
development. 

The  Commission  will  endeavour  to  reply21  to  questions  within  one  month.  It  can,  if 
necessary,  request  additional  information  relevant  to  the  analysis,  in  which  case  the 
deadline for replies will be extended.   

Once  a  request  is  closed,  an  anonymised  version  of  the  questions  and  answers  will  be 
published on the website of the ex-ante mechanism22. All confidential and commercially 
sensitive  information  will  be  removed  in  cooperation  with  the  relevant  contracting 
authority23. This will enable contracting authorities to learn from a wide range of cases 
submitted  to  the  Commission,  including  for  projects  that  are  not  directly  eligible  for 
assistance under the mechanism. 

Future construction of a railway line — assistance from the helpdesk 

A contracting authority is considering the best procurement solution for constructing a 
new railway line, 150 km in length. It could contact the helpdesk, once or more often, to 
inquire, for instance: 

  How should the public-private partnership that will build and operate the railway 
be developed? Does the envisaged distribution of risks require using procurement 
procedures  in  the  field  of  utilities  or  will  the  project  fall  under  the  concessions 
directive? 
If  the  country  concerned  is  considering  signing  an  international  agreement 
covering  the  implementation  of  the  project,  would  this  agreement  exempt  the 
procurement procedures from the scope of the directives? 

 

  How best could a competitive procedure involving negotiation be designed and 
managed? How could the number of qualified candidates invited to participate in 
the procedure be reduced, etc.? 

  How could goals of green, social, and innovative procurement best be included in 

the project? 

If the railway line links two different countries, the helpdesk could also be contacted: 

 

 

to seek clarification of the agreement needed between the contracting authorities 
from two countries to undertake joint procurement; 
to  clarify  the  applicable  procurement  regime  when  two  Member  States  want  to 
set up a joint entity to realise a project. 

If  a  contract  needs  to  be  modified  after  it  has  been  signed,  an  authority  could  submit 
questions  concerning  the  conditions  under  which  contracts  could  be  modified.  This 
would  help  it  to  decide  whether  or  not  a  modification  is  possible  without  a  new 
transparent procurement procedure. 

21   Please see footnote 10. 
22   Please see footnote 10. 
23   Regulation  (EC)  No  1049/2001  of  the  European  Parliament  and  of  the  Council  of  30  May  2001 
regarding  public  access  to  European  Parliament,  Council  and  Commission  documents  applies  to  all 
documents drawn up or received by the Commission and in its possession. 

7 

 
                                                 
3.2.  The notification mechanism 

Once  a  decision  is  reached  on  how  the  project  will  be  carried  out  from  a  public 
the  national  authorities  and/or  contracting 
procurement  point  of  view,  and 
authorities/entities  have  advanced  with  the  preparation  of  the  necessary  tender 
documentation24,  they  will  have  the  possibility  of  notifying  the  Commission  of  the 
procurement  plan  of  infrastructure  projects  whose  total  estimated  value  exceeds 
EUR 500 million25.  The  Commission  services  will  then  provide  an  assessment26,  in 
which  the  Commission  services  express  their  views  on  whether  the  procurement  plan 
complies with EU procurement rules, without prejudice to any future legal interpretation 
or assessment. 

While the helpdesk is available for specific questions, the notification mechanism covers 
the  broader  procurement  plan.  The  procurement  plan  defines  how  a  project  will  be 
implemented  from  a  public  procurement  point  of  view.  For  example,  it  establishes  (i) 
whether the project will use a Build, a Design-Build or a Design-Build-Operate contract, 
(ii)  whether  a  project  will  be  executed  through  many  separate  tenders  and  which 
procurement  procedures  will  be  used,  and  (iii)  how  procurement  for  a  cross-border 
project will be carried out. 

National authorities and/or contracting authorities/entities can notify the Commission of 
the overall procurement plan of the project and/or specific issues of decisive importance 
to the whole project. In the latter case, they should clearly identify the specific elements 
requiring an assessment. 

Most large infrastructure projects use several calls for tender. In order to ensure effective 
treatment  and  keep  the  mechanism  easy  to  use,  authorities  may  want  to  raise  specific 
issues  linked  to  one  of  the  tenders,  but  they  should  not  notify  each  individual  call  for 
tender to the Commission. 

When  implementing  projects,  it  is  common  practice  for  contracts  to  be  amended  to 
reflect  changes  to  the  initial  conditions.  Such  changes  raise  complex  legal  issues; 
although the procurement directives already give guidance and clarify the conditions for 
such  amendments.  Therefore,  national  authorities  and/or  contracting  authorities/entities 
can also notify the Commission of their proposal for specific contract amendments. 

Procurement plans can also change over time as a project develops. National authorities 
can  inform  the  Commission  of  any  substantial  changes  to  a  previous  notification  that 
might  have  a  bearing  on  the  outcome  of  an  assessment,  e.g.  changing  a  public 
procurement procedure from a standard to an exceptional procedure. 

Future construction of a railway line  — notification to the Commission 

For  the  construction  of  a  railway  line,  the  authorities  have  decided  to  split  the  project 
into three sections of approximately 50 km each. They will be tendered out separately, 

24   The  helpdesk  is the  appropriate  tool for  clarifying  issues  or  asking  questions  in  the  lead-up  to  these 

decisions. 

25   Please see footnote 20. 
26   Please see footnote 10. 

8 

 
 
                                                 
for construction and maintenance, under the utilities procurement framework. 

The  authorities  want  to  check  that  this  approach  is  in  line  with  the  EU  procurement 
rules,  and  notify  this  plan  to  the  Commission.  This  notification  will  need  to  include 
information on the procurement procedures to be used to award the contracts for  the 
three  lots,  the  planning  of  the  procurement  process,  the  envisaged  timing,  the 
advertising and information process, etc. 

The  contracting  entity  can  indicate  specific  issues  needing  particular  attention  such  as 
the definition of the award criteria in the technical specifications for the first segment. 

If  the  contracting  entity  plans  to  modify  a  contract,  it  might  want  to  receive  an 
assessment from the Commission services that their plan is compliant with EU rules. In 
this case, the contracting entity could notify this modification to the Commission.  

3.2.1.  Notification procedure 

National authorities and contracting authorities/entities (notifying authorities) will use a 
standard form accompanied by supporting documents. The structure of the standard form 
is annexed to this Communication. 

Besides  identifying  the  project  and  the  authority  notifying  it,  the  standard  form  will 
request information on the procurement plan for the entire project, which is necessary for 
the analysis. This information includes: 

the subject matter of the project, 
the project value,  
the organisations involved (contracting authority/authorities etc.), 
the different phases of the project, 

 
 
 
 
  whether the project is expected to be funded by the EU, 
  whether the project has been submitted to a national competent body for approval, 
 
 

the planning of the procurement process, 
the  conditions  requiring  modification  of  the  contract,  when  the  subject  of  the 
notification is a contract amendment. 

Notifying authorities will also be able to upload documents that they consider relevant to 
the  analysis.  They  should,  however,  only  provide  information  that  is  necessary  for  the 
assessment. 

The Commission and the notifying authority will, if necessary, stay in contact to clarify 
aspects of the notification. 

For the purpose of notification,  the notifying authorities will use  a dedicated electronic 
system, also used for the helpdesk (https://ec.europa.eu/growth/tools-databases/pp-large-
projects/).  The  system  will  provide  the  necessary  security  for  submitting  and  handling 
data. 

9 

 
 
3.2.2.  The Commission’s response 

On  the  basis  of  the  information  provided,  the  competent  Commission  services  will 
deliver  its  views  on  the  compatibility  of  the  project’s  procurement  plan  with  EU 
procurement  legislation,  or  of  the  specific  issues  raised  by  the  national  authorities  in  a 
letter. It will also provide an assessment of any specific issues raised in the notification. 

This assessment will not include the views of the Commission services on compliance of 
the measure with provisions of EU law other than public procurement. The assessment of 
the  Commission  services  will  always  be  based  on  the  information  provided  and  the 
conditions applicable at the time. 

The  Commission  endeavours  to  give  its  response  within  3  months  of  the  date  of 
notification.  Should  the  Commission  request  additional  information  from  the  national 
authorities, a stop-the-clock rule will apply. 

The Commission will also invite the authorities concerned to provide documents linked 
to  the  project  for  the  information  exchange  mechanism,  as  appropriate  and  when 
available.  All  confidential  and  commercially  sensitive  information  will  be  treated 
accordingly and removed in cooperation with the relevant authorities27. 

3.3.  The information exchange mechanism 

The  information  exchange  mechanism  is  a  knowledge  management  tool  for  use  by 
national  authorities  and  contracting  authorities/entities.  It  aims  to  build  up  reference 
classes  of  similar  projects  as  a  means  of  sharing  experience.  It  will  also  serve  as  a 
platform  for  exchanges  on  different  aspects  related  to  projects,  such  as  the  type  of 
procurement procedure, the project stages, the problems in implementing a project, etc. 

In the initial phase, this tool will include two components: a widely accessible database 
containing  all  relevant  information,  and  a  platform  where  stakeholders  can  exchange 
views and information. The two elements will become available in early 2018. 

3.3.1.  Database structure, source and accessibility 

The database will contain various types of documents related to the procurement process 
of  large  infrastructure  projects.  These  include  tender  files,  documents  on  the 
organisational  structure  of  the  project,  contracts,  guidelines  on  certain  types  of 
procedures, specific information on cross-border projects and rulings from the European 
Court of Justice. The Commission will manage the database and upload documents in its 
possession or which Member States and/or promoters have submitted.   

information  on 

National  authorities  and  contracting  authorities/entities  are  encouraged  to  submit  to  the 
Commission 
that  are  already 
implemented  or  which  are  being  undertaken.  The  database  will  fulfil  its  function  as  an 
information tool for national authorities best if, from the outset, it contains information 
on projects that have already been fully implemented. 

infrastructure  projects 

large-scale 

The database will be widely accessible upon registration. Thus, the information exchange 
mechanism  will  also  benefit  private  project  promoters  and  contracting  authorities 

27 Please see footnote 23.  

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developing  projects  whose  value  falls  below  the  applicable  threshold  for  using  the 
helpdesk and the notification mechanism. 

Information provided by authorities in the framework of the notification procedure will 
be  made  available  in  the  database  only  with  the  agreement  of  the  authority  concerned. 
For all other information, Member States must ensure that sensitive information has been 
removed28. 

Documents can be provided in any of the official languages of the EU. The database will 
include a machine translation facility. It will be linked to other similar initiatives, such as 
the JASPERS’ Knowledge and Learning Centre. 

3.3.2.  The platform 

Peer-to-peer discussions are one of the most effective tools for learning and development. 
Therefore, alongside the database, the Commission will create an IT platform to facilitate 
the direct exchange of information and experience between those involved in developing 
large infrastructure projects in the EU. The platform will be open to professionals in the 
EU upon registration. It will allow for the creation of discussion subgroups per type of 
project or procurement issue. These groups may be open or closed, i.e. accessible only to 
the members initiating the discussion. 

4.  CONCLUSION 

The  ex-ante  mechanism  is  not  a  one-off  measure.  It  is  part  of  the  new  partnership 
proposed by the Commission with and between national, regional and local authorities. It 
is  directly  linked  to  the  overarching  objective  of  making  public  procurement  a  more 
strategic tool. The success of this mechanism will depend on this concept of partnership 
and on widespread use of the proposed tools in the Member States. National authorities 
are invited to actively promote the mechanism and to make the best and most appropriate 
use of the assistance offered by the mechanism. 

This  action  has  been  developed  with  particular  attention  to  the  needs  of  stakeholders, 
expressed  either  in  the  public  consultation  or  on  other  occasions.  As  stakeholder  needs 
may evolve over time, the Commission will monitor and evaluate the use of the ex-ante 
mechanism.  It  will  also  evaluate  whether  the  tool  has  delivered  effective  support.  The 
assessment will be performed when the tools have been fully operational for 24 months 
or  earlier  if  appropriate  and  necessary.  Based  on  these  elements,  the  tools  will  be 
adjusted accordingly if need be. 

28   Please see footnote 23. 

11 

 
 
 
                                                 
Annex I 

Standard form 

Sector: 

Member 
State: 

Contact 
details: 

Identification questions 

Title of the project:   

Contracting 
authority/entity: 

Authority notifying 
the projecti 

Total estimated cost  

This notification concerns: 

□   A new project 

  □ A contract modification 

Project description 

Please describe the relevant elements of the projectii: 

Please describe the procurement plan for the projectiii: 

For new projects 

Please describe the different phases in which the procurement will be carried out 
and the estimated start date/timetable of the tendering procedures: 

Please specify the issues you want the Commission Services to assess: 

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For contract modification 

Please describe the contract needing modification and the circumstances for 
thisiv: 

Additional information 

Have you obtained an opinion on the procurement aspects of this project from a 
competent national authority? If yes, please provide it. 

□ No 

  □ Yes  

Upload the relevant materials  

Does the notification contain sensitive information? If yes, please specify which ones.. 

□ No 

  □ Yes  

……………………………….. 

Additional information relevant to the question: 

Upload the relevant materials 

i If this is different from the contracting authority/entity. 
ii  Please  include  in  the  description:  the  project’s  objectives,  the  main  stakeholders,  the  project’s  funding 
and  financing,  the  current  stage  of  the  project,  basic  technical  information  (especially  functional 
requirements) and, if available, evaluation criteria and social clauses. 
iii  The  procurement  plan  defines  how  a  project  will  be  implemented  from  a  public  procurement  point  of 
view.  It  establishes,  for  example,  (i)  whether  the  project  will  use  a  Build,  a  Design-Build  or  a  Design-
Build-Operate contract, (ii) whether a project will be executed through many separate tenders and which 
procurement procedures will be used, and (iii) how procurement for a cross-border project will be carried 
out. 
iv The description should also include the impact of the potential change on the total value of the contract. 

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