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Directive 2009/81/EC of the European Parliament and of the CouncilShow full title
Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)
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- Revised 01/01/20200.83 MB
- Revised 26/07/20190.80 MB
- Revised 01/01/20180.63 MB
- Revised 01/01/20160.66 MB
- Revised 01/01/20140.65 MB
- Revised 01/07/20130.65 MB
- Revised 01/01/20120.65 MB
- Revised 01/01/20100.33 MB
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Changes over time for: Article 63
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Article 63U.K.Corrective mechanism
1.The Commission may invoke the procedure provided for in paragraphs 2 to 5 when, prior to a contract being concluded, it considers that a serious infringement of Community law in the field of procurement has been committed during a contract award procedure falling within the scope of this Directive.
2.The Commission shall notify the Member State concerned of the reasons which have led it to conclude that a serious infringement has been committed and request its correction by appropriate means.
3.Within 21 calendar days of receipt of the notification referred to in paragraph 2, the Member State concerned shall communicate to the Commission:
(a)its confirmation that the infringement has been corrected;
(b)a reasoned submission as to why no correction has been made; or
(c)a notice to the effect that the contract award procedure has been suspended either by the contracting authority/entity on its own initiative or on the basis of the powers specified in Article 56(1)(a).
4.A reasoned submission communicated pursuant to paragraph 3(b) may rely among other matters on the fact that the alleged infringement is already the subject of judicial or other review proceedings or of a review as referred to in Article 56(9). In such a case, the Member State shall inform the Commission of the result of those proceedings as soon as it becomes known.
5.Where notice has been given that a contract award procedure has been suspended in accordance with paragraph 3(c), the Member State concerned shall notify the Commission when the suspension is lifted or another contract procedure relating in whole or in part to the same subject-matter is begun. That new notification shall confirm that the alleged infringement has been corrected or include a reasoned submission as to why no correction has been made.
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