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Internal Market: Award of parking contract in Kristiansand may be in breach of EEA rules



EN |  NO

The Municipality of Kristiansand may have breached EEA rules on public procurement when awarding a contract for the construction and operation of an underground parking. This is the conclusion of a reasoned opinion sent to Norway by the EFTA Surveillance Authority (ESA) today.

In ESA's view, the Municipality has incorrectly classified the public contract in question as a “service concession”. ESA takes the view that the classification chosen by the Municipality of Kristiansand does not take into account the construction element of the contract and that as a result the tender procedure is not in line with the public procurement rules applicable to this kind of project. More specifically, ESA considers that the Municipality of Kristiansand has:

  1. failed to publish a contract notice EEA-wide in the Official Journal of the European Union and the TED database,
  2. not respected the minimum time limit for the submission of applications in an award procedure, and
  3. incorrectly described the subject matter of the public contract by failing to use the correct, or at any rate a complete and sufficiently precise set of CPV codes. CPV codes are standardised references used to describe the subject matter of procurement contracts irrespective of language.

The explanations provided by Norway do not change the assessment in ESA's letter of formal notice, from 9 February 2016, establishing a breach. Therefore it is reiterated in today's reasoned opinion.

A reasoned opinion is the second stage in infringement proceedings. The Authority may bring the matter before the EFTA Court if Norway fails to take the measures necessary to comply with the reasoned opinion within two months.

For further information, please contact:

Ms. Ásdís Ólafsdóttir
Communication Officer
tel. (+32)(0)2 286 18 97
mob. (+32)(0)490 57 63 49

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