Parliament: Legislative improvements in the bill of the Ministry. Transport was submitted by K. Ah. Karamanlis

The legislative improvements of the draft law “Standard proposals for infrastructure projects and other provisions” were submitted, as previously announced, by the Minister of Infrastructure and Transport, Costas Ah. Karamanlis, in the Plenary Session of the Parliament.

The minister said that most “are formal. The main ones have to do, as we said in the Commission, with Article 18 where we now drastically limit the exceptions, as pointed out to us by both the Independent Public Procurement Authority and the Competition Commission.” .

“We respect the Independent Authorities and make this correction, as this is the essence of the dialogue in a legislative process, the government to take seriously, when there are, any tensions,” he added.

Article 18 of the draft law concerns the regulations for the award of contracts of the Development Program of Contracts of Strategic Significance, with the addition in par. 8 to article 1 of Law 4412/2016 of cases of deviations.

With the legislative improvement tabled “Article 18 is reworded as follows:

Arrangements for the award of contracts of the Development Program of Strategic Contracts – Addition of par. 8 to article 1 of law 4412/2016 “.

In article 1 of law 4412/2016 (A ‘147) is added par. 8 as follows:

“8. For the assignment of Contracts of the Development Program of Contracts of Strategic Significance of law 4799/2021 (A ’78) that fall within the scope of application of this law, the provisions do not apply:

A) of par. 2 of article 14, regarding the obligation of prior, consent of the Technical Council of Public Works of EKAA,

B) of par. 4 of article 105, regarding the invitation for concluding a contract,

C) of par. 7 to 12 of article 221, regarding the composition of the collective bodies for carrying out procedures of awarding and execution of public contracts,

(D) Article 221a, on the time limits within which the award committees complete their work; and

E) of par. 4 of article 316 of the present, regarding the invitation for concluding a contract “.

The other legislative improvements submitted by the Minister concern:

In the First Chapter

– In par. 1 of article 3, in point B, after the phrase “innovation” is added the phrase “or” and is formed as follows “innovation and / or complexity.

– In paragraph 1 of Article 3, in point E, at the end after the word economy, the phrase “taking into account the principles set out in Article 5 (1) hereof” is added.

In the Second Chapter

– In par. 3 of article 7, in item I, at the end after the end of the project is added the phrase “which will include an assessment of competitive effects”.

– In par. 3 of article 22 the paragraph 2 is formulated as follows: “Articles 43 and 121 of law 4782/2021, which amended article 103 and 310 respectively of law 4412/2016, applies to pending cases, and the time of entry into force of Law 4412/2016, applies to the pending, at the time of their entry into force (1st.6.2021), tender procedures, unless there has been a final exclusion of the economic operator or a decision of a competent court, which has judged differently “.

– At the end of article 23, after the word “Transport” is added the phrase “This provision also applies to the cases of article 187 of law 4412/2016”.

Also, in the amendment of the Ministry of Infrastructure and Transport with number 1226-38 / 1.3.2022, article 7 concerning the “Staffing of OSE Services SA” in the first paragraph of par. 1, the phrase “until 31.12.2021” is replaced by the phrase “until 31.12.2022”.

Source: AMPE

Source: Capital

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