Procurement safety

European Union: The New "Procurement Code"

This past Thursday, March 3 - running the proxy law 28 January 2016, no. 11 - The Council of Ministers has preliminarily approved the legislative decree for the realization of the European directives no. 2014/23/EU, 2014/24/EU and 2014/25/EU.

The text - which should be subject to final approval by the Government by 18 April 2016, once carried out the necessary steps to the State Council, to the Conference of Regions and to the Boards of the House and Senate - will determine, if approved and once entered into force, the abrogation of the current Procurement Code (i.e. d.lgs. no. 163/2006) and the related Regulation (i.e. d.P.R. no. 207/2010, which, to be precise, will remain in force with respect to certain sections pending the approval of the new guidelines which will replace the aforementioned Regulation).

In a general perspective, among the most significant changes introduced by the new legislative decree, it should be noted, in addition to the central role of the ANAC (to which is given a general power of control and supervision in matters of custody and execution of public contracts, in addition to database management and the editing of the replacement guidelines of the Regulation¹), to the establishment of a control room (so called "cabina di regia") at the Presidency of the Council of Ministers with the task to carry out a survey on the state of implementation of the new procurement code, examine proposals for amendment legislation and promote a national telematic procedures purchasing plan.