Opinion of the Ministry of Regional Development on the Submission of Reports to the European Commission on Employment of Negotiated Procedures without Publication

Provision of § 27 par. 6 of Act no. 40/2004 Coll. on Public Contracts as subsequently amended (hereinafter referred to as the "Act") lays down the obligation for contracting authorities/entities to submit a report to the European Commission in case of employment of negotiated procedures without publication under § 27 par. 1 point a).

Pursuant to Article 7 par. 3 point a) of Directive 93/37/EEC and also pursuant to Article 31 par. 1 point a) of new Directive 2004/18/EC such an obligation arises only on condition that in a given case the Commission itself so requests.

The Ministry for Regional Development endorses the provision of Directives.