New developments in public procurement and concessions

I. Public Procurement and Concessions: new European thresholds applicable from 1 January 2022 for the years 2022 and 2023

As of 1 January 2022, following the delegated regulations (EU) 2021/1951, (EU) 2021/1952 and (EU) 2021/1953 of 10 November 2021, the European thresholds are increased from:

• €139,000 excl. taxes to €140,000 excl. taxes for supply and service contracts of central public authorities and for competitions organised by them;
• €214,000 excl. taxes to €215,000 excl. taxes for supply and service contracts of sub-central contracting authorities and for competitions organised by them;
• €428,000 excl. taxes to €431,000 excl. taxes for supply and service contracts of contracting entities and for competitions organised by them;
• €5,350,000 excl. taxes to €5,382,000 excl. taxes for works contracts and for concession contracts.

These thresholds will apply for the years 2022 and 2023.

II. Public contracts and concessions: reinforcement of the obligations of companies with regard to electronic invoicing

The Law of 13 December 2021 amending the Law of 16 May 2019 on electronic invoicing in the context of public procurement and concession contracts came into force on 18 December 2021.

The purpose of this text is to implement stronger and more binding measures on electronic invoicing.

The main measures are:

• Obligation for companies holding public procurement contracts and concessions to issue and transmit electronic invoices for the payment of their services. However, this obligation will only come into force according to a differentiated timetable:
  • 18 October 2022 for companies that meet two of the following three criteria according to the 2019 balance sheet: the balance sheet total is €20m, the net turnover is €40m, and that employ 250 people full time and on average;
  • 18 March 2023 for companies that meet two of the following three criteria according to the 2019 balance sheet: balance sheet total is €4.4m, net turnover is €8.8m, and that employ an average of 50 full-time staff;
  • 18 March 2023 for companies that are materially unable to provide for 2019 the numerical limits of at least one of the above three criteria (e.g. because they are materially unable to have a balance sheet for 2019).
• Establishment of a system for issuing, transmitting and receiving electronic invoices, which is madatory for contracting authorities and entities.