Among the various enabling reforms provided for by the National Recovery and Resilience Plan (“NRRP”), the simplification of public contracts stands out and it must be implemented, inter alia, by reducing the documentary and economic burdens on the subjects participating in tender procedures, as well as the number and qualification of the contracting authorities.
With the Decree of the Presidency of the Council of Ministers of 12 August 2021, no. 148 (published in the Official Journal of Italian Republic of 26 October 2021, no. 256), has been adopted the “Regulation containing the procedures for digitizing public procurement procedures pursuant to Article 44 of legislative decree of 18 April 2016, no. 50” (“Regulation”).
With the approval of the Italian National Recovery and Resilience Plan (“NRRP” or “Plan”), EUR 204,5 billion have been allocated for Italy, of which EUR 191,5 billion under the Recovery and Resilience Facility (“RRF”) and EUR 13 billion under the Recovery Assistance for Cohesion and the Territories of Europe (“REACT-EU”); on 13 August 2021, European Commission has disbursed a first pre-financing for a total amount of EUR 24.9 billion.
With the Notice published last 6 July 2021 in the Official Journal of the European Union (2021/C 267/01), the European Commission has provided practical guidance on public procurement in the field of innovation (the “Guidance”), offering multiple interesting indications for the benefit of public administrations and economic operators.
On June 30, the Council of Ministers approved the draft that would delegate to the Government (“Procurement Delegation Law”) the adoption of one or more legislative decrees on public contracts with the purpose of rationalizing, reorganizing and simplifying the current Legislative Decree no. 50 of 18 April 2016 (“Public Procurement Code”).
The Council of Ministers has introduced, within the national regulatory framework contained in Decree Law no. 77 of 31 May 2021 (so called “Semplificazioni bis”), a package of provisions dedicated to the procedures for the award of works, services and supplies carried out pursuant to Legislative Decree no. 50 of 18 April 2016 (“Public Procurement Code”), in order to simplify and facilitate the achievement of the objectives contained in the National Recovery and Resilience Plan (“NRRP”).
With the judgment of February 3, 2021 (joined cases C-155/19 and C-156/19), the Court of Justice of the European Union addressed the question relating to the formal qualification of the Federazione Italiana Giuoco Calcio and the consequent obligation to apply the rules on public evidence contained in Legislative Decree 18 April 2016, n. 50 (“Procurement Code”).