Category: Government & Public Sector

On October 12, 2022, the decree of Ministry of Economy and Finance, adopted together with Ministry of Infrastructure and Sustainable Mobility and concerning “Provisions on the possible exclusion of the economic operator from participation in a procurement tender for serious tax violations that have not been definitively sanctioned” (“Decree”), has been published on the Italian Official Journal no. 239. Implementing Article 80, paragraph 4 of the Legislative Decree no. 50 of April 18, 2016 (“Italian Public Procurement Code”), the Decree defines limits and operating terms of “serious tax violations that have not been definitively sanctioned”, suitable to determine the exclusion of the economic operator from participation in public tenders.

On June 30, 2022, in the Official Journal of the European Union (“OJEU”) has been published the Regulation (EU) 2022/1031 of the European Parliament and of the Council 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)” (“Regulation”).

After about a year since its approval in the Council of Ministers, the Senate of the Italian Republic finally approved the Law No. 78 of June 21, 2022, entitled “Delega al Governo in materia di contratti pubblici” (“Delegation Law”), published in the Official Journal No. 146 of June 24, 2022.

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”).