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Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast)

article  163

CELEX:  32024R2509

Principles applicable to contracts and scope
1. All contracts financed in whole or in part by the budget shall respect the principles of transparency, proportionality, equal treatment and non-discrimination.
2. All contracts shall be put out to competition on the broadest possible basis, except when use is made of the procedure referred to in Article 167(1), point (d). The estimated value of a contract shall not be determined with a view to circumventing the applicable rules, nor shall a contract be split up for that purpose. The contracting authority shall divide a contract into lots, whenever appropriate, with due regard to broad competition.
3. Contracting authorities shall not use framework contracts improperly or in such a way that their purpose or effect is to prevent, restrict or distort competition.
4. The JRC may receive funding charged to appropriations other than research and technological development appropriations in respect of its participation in procurement procedures financed in whole or in part from the budget.
Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast)

article  163

CELEX:  32024R2509

5. The rules on procurement laid down in this Regulation, with the exception of the principles of transparency and equal treatment, shall not apply to:
(a) the activities of the JRC on behalf of third parties;
(b) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2014/65/EU, used by the Commission in the context of its borrowing and lending, asset management and treasury operations, including services provided by central banks, the European Stability Mechanism, the EIB and other international financial institutions, and national entities entrusted with the issuance and management of sovereign debt;
(c) document certification and authentication services which must be provided by notaries, where such services are not open to competition on the basis of the applicable national rules.
Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast)

article  163

CELEX:  32024R2509

6. With the exception of procurement in the field of external actions, prior to any of the measures referred to in the second subparagraph carried out in response to a crisis, a declaration of crisis shall be made in line with the relevant internal rules. The authorising officer responsible may only rely on a crisis declaration to:
(a) launch a procurement procedure;
(b) add contracting authorities pursuant to Article 168(1), fourth subparagraph, Article 168(2), sixth subparagraph, or Article 175(5), second subparagraph;
(c) contact tenderers pursuant to Article 172(1), second subparagraph;
(d) modify a contract pursuant to Article 175(5), first subparagraph; or (e) request supporting documents before the signature of the contract pursuant to the fourth subparagraph of point 18.1 and the fourth subparagraph of point 18.4 of Annex I, if this is justified by a situation of extreme urgency that is resulting from such crisis.