The reform of Finnish public procurement legislation is delayed – government proposal can be expected in June 2016

According to the Ministry of Employment and the Economy, the planned timetable for renewing the national public procurement legislation is to present the government proposal to the parliament in June and have the renewed laws in force as soon as possible after. The two year implementation period of the public procurement directives comes into an end on 18th of April 2016, so there will be a few months period of time during which clear and exact articles of the public procurement directives can have direct effect with procurements that exceed the EU thresholds in value. After 18.4.2016 Contracting Authorities must keep on applying the old national public procurement legislation to the extent that it doesn’t conflict with the renewed directives in force.

The Ministry of Employment and the Economy has published a list of directive articles that are capable of having direct effect until the national renewed legislation comes into force. Only those articles that set clear and definite obligations to the contracting authority or public procurement authority and corresponding definite rights to tenderers, are to have direct effect. These new directive articles are to be applied to procurement procedures that start after the 18th of April. However, the new articles that concern the modification of procurement contracts on their term are to be applied to contracts that are closed 18.4 or after, even though the procurement procedure behind the contract would have begun before the said date. The Finnish contact notice portal HILMA will undergo some changes to adjust to the new public procurement legislation entering into force.