An overview of Public Procurement and Concessions

Justin Smith, CIO Review Europe | Tuesday, March 08, 2022

New European thresholds for public procurement and concessions will be implemented on January 1, 2022, for the years 2022 and 2023

FREMONT, CA: New European thresholds for public procurement and concessions will be implemented on January 1, 2022, for the years 2022 and 2023. Following the delegated regulations (EU) 2021/1951, (EU) 2021/1952, and (EU) 2021/1953 of 10 November 2021, the European thresholds are increased as of 1 January 2022, from 139,000 euros excl. taxes to 140,000 euros excl. taxes for supply and service contracts of central public authorities and competitions organized by them, for supply and service contracts of sub-central contracting authorities and competitions organized by them, further taxes for supply and service contracts of contracting entities and competitions organized by them is moved from 428,000 euros excl. taxes to 431,000 excl. euros, and taxes for works contracts and for concession contracts have reached to 5,382,000 excl. euros from 5,350,000 excl. euros.

Public contracts and concessions for firms' obligation to use electronic invoicing are strengthened. On December 18, 2021, the Law of the 13th of December 2021, modifying the Law of the 16th of May 2019 on electronic invoicing in the context of public procurement and concession contracts, went into effect. The goal of this document is to put in place stronger and more binding electronic invoicing measures. The following are the main indicators: Companies with public procurement contracts and concessions are required to issue and transmit electronic invoices in order to be paid for their services.

This obligation, however, will only take effect pursuant to a separate timetable which is for companies that meet two of the following three requirements according to their 2019 balance sheet, it will be October 18, 2022, if the sum on the balance sheet total of 20 million euros, net turnover of 40 million euros, and full-time employment of 250 people on average. Further, it will be 18 March 2023 for companies that meet two of the following three criteria according to firms with a total balance sheet of 4.4 million euros, a net turnover of 8.8 million euros, and an average of 50 full-time employees and it will be 18 March 2023 for companies that are materially unable to meet the numerical constraints of at least one of the above three criteria in 2019. For instance, since they are materially unable to have a balance sheet for 2019.

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