Apply the resilience conditions in a re-run procurement addressing the same needs, where applying them drew no suitable tenders the first time.
Contracting authorities and contracting entities must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 25(11), in the Net-Zero Industry Act. as of 2026-08-18
- The act gives its timing as: Applies from 29 June 2024 (Art. 49(2)). as of 2026-08-18
- It names 4 industries by name: Batteries and solar, Clean tech, Carbon capture and storage and Power. as of 2026-08-18
- Compliance is checked by none, per tender. as of 2026-08-18
The rule
no suitable tenders or requests to participate after applying the resilience contribution
Apply the resilience conditions in a re-run procurement addressing the same needs, where applying them drew no suitable tenders the first time.
Who is affected
Burden drivers
Source text
Where the application of the resilience contribution pursuant to paragraph 7 of this Article has led to a situation where no suitable tenders or no suitable requests to participate have been submitted in response to a public procurement procedure, the contracting authorities or contracting entities may, on an exceptional basis: (a) decide to use the negotiated procedure without prior publication pursuant to Article 32(2), point (a), of Directive 2014/24/EU, Article 50, point (a), of Directive 2014/25/EU or Article 31(5) of Directive 2014/23/EU; or (b) decide not to apply paragraph 7 of this Article in a specific subsequent public procurement procedure that aims to address the same needs
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