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In July 2019 the European Commission published "Guidelines for the participation of third-country tenderers in the EU public procurement market and for the marketing of goods from third countries", in which it stated that "third-country economic operators that have not concluded any agreement providing for the opening of the EU public procurement market or whose goods, services and works are not covered by such an agreement are not guaranteed participation in EU procurement procedures and may be excluded from them".


The overhaul of the Polish Public Procurement Law earlier this year brought important changes to the possibility of relying on the capacity of third parties in procedures for award of public contracts. However, it also generated a number of concerns related to the use of the potential of third parties in the framework of a limited tender or other two-stage proceedings—in particular, whether a contractor can rely on the capacities of other entities to obtain a better ranking on the selection criteria and help qualify for the shortlist. From 14 December 2016, this doubt has been eliminated due to entry into force of the Concessions Act of 21 October 2016.


On 20 October 2016 I had a pleasure to attend the ECCO's 13th Symposium dedicated to current trends in defence and offset in Europe. The event was organised in Paris as part of Euronaval exhibition in Paris-Le Bourget. I was invited to talk about offset in Poland.


I am pleased to share with you the EU procurement reform guide 2016. I had a pleasure to prepare it together with my colleagues from the European Eversheds’ offices. The guide analyses the status of implementation of the new procurement directives in the European Union. The brochure covers 19 EU countries where Eversheds’ public procurement practice teams are present. It has also been supplemented with information about Switzerland. The knowledge contained in the publication will allow contractors thinking about participating in procedures for award of public contracts outside the borders of their own countries to quickly find out the specifics of public procurement in different EU countries. Please, feel free to read it and to share your thoughts in the comments below. 


Eversheds and Wirtschaftskammer Österreich are delighted to invite you to a seminar on Thursday 9 June 2016. It will take place in our office in Vienna and will be devoted to winning public contracts in Poland.

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About the blog

We discuss judgments from the European Court of Justice and their influence on the interpretation of public procurement law in Poland. We follow and comment on legislation in the European Union. We address current issues in Polish case law.

About the authors

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