PUBLIC MARKETS CODE
LexInter | April 28, 2017 | 0 Comments

PUBLIC MARKETS CODE

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Ministry of the Economy, Finance and Industry

Decree n ° 2004-15 of January 7, 2004 relating to the public procurement code

NOR: ECOZ0300023D

The Prime Minister,

On the report of the Minister of the Economy, Finance and Industry,

Having regard to the treaty establishing the European Community;

Having regard to the Directive of the Council of the European Communities 92/50 / EEC of June 18, 1992 relating to the coordination of procedures for the award of public service contracts, amended by Directive 97/52 / EC of the European Parliament and of the Council of October 13, 1997;

Considering the directive of the Council of the European Communities 93/36 / CEE of June 14, 1993 relating to the coordination of the procedures of awarding of the public supply contracts, modified by the directive 97/52 / CE of the European Parliament and of the Council of October 13, 1997;

Considering the directive of the Council of the European Communities 93/37 / CEE of June 14, 1993 relating to the coordination of the procedures of award of the public works contracts, modified by the directive 97/52 / CE of the European Parliament and of the Council of October 13, 1997;

Having regard to the Council directive of the European Communities 93/38 / EEC of June 14, 1993 relating to the coordination of procurement procedures in the water, energy, transport and telecommunications sectors, amended by directive 98 / 4 / EC of the European Parliament and of the Council of February 16, 1998;

Having regard to Directive 2000/35 / EC of the European Parliament and of the Council of June 29, 2000 concerning the fight against late payment in commercial transactions;

Having regard to the general code of local authorities;

Having regard to the monetary and financial code;

Having regard to the post and telecommunications code;

Having regard to the code of criminal procedure;

Having regard to the public health code;

Having regard to the labor code;

Having regard to the new code of civil procedure;

Considering the code of administrative justice;

Considering the law of December 29, 1892, as amended, relating to damage caused to private property by the execution of public works;

Considering the law of April 17, 1906 fixing the general budget of expenditure and receipts for the financial year 1906, in particular its article 69;

Considering the law n ° 51-711 of June 7, 1951 modified on the obligation, the coordination and the secrecy as regards statistics;

Considering the law n ° 54-404 of April 10, 1954 on tax reform, modified by the ordinance n ° 58-1372 of December 29, 1958 relating to various fiscal and customs provisions and by the law n ° 97-210 of March 11, 1997 relating to the strengthening of the fight against illegal work, in particular its article 39;

Considering the law n ° 57-908 of August 7, 1957 tending to promote the construction of housing and collective facilities, modified by the law n ° 82-660 of July 30, 1982 on prices and incomes, in particular its article 21;

Considering the finance law for 1963 (n ° 63-156 of February 23, 1963), in particular its article 54;

Considering the amended law n ° 75-1334 of December 31, 1975 relating to subcontracting;

Considering the amended law n ° 78-753 of July 17, 1978 relating to various measures to improve relations between the administration and the public and various administrative, social and fiscal provisions;

Considering the law n ° 85-703 of July 12, 1985 relating to certain activities of social economy;

Considering the law n ° 85-704 of July 12, 1985 modified relating to the public project management and its relationship with the private project management;

Considering the amended law n ° 91-3 of January 3, 1991 relating to the transparency and regularity of procurement procedures and subjecting the award of certain contracts to rules of publicity and competition;

Considering the law n ° 2001-420 of May 15th, 2001 relating to the new economic regulations, in particular its articles 54 and 55;

Considering the law n ° 2001-1168 of December 11, 2001 on urgent reform measures of an economic and financial nature;

Considering the ordinance n ° 58-896 of September 23, 1958 relating to general provisions of a financial nature, in particular its article 31;

Considering the ordinance n ° 59-147 of January 7th, 1959 modified relating to the general organization of the defense;

Considering the decree of November 12, 1938 taken in application of the law of October 5, 1938 and extending the regulations in force for State contracts to the markets of local communities and public establishments;

Considering decree n ° 84-74 of January 26, 1984 fixing the status of standardization, modified by decree n ° 90-653 of July 18, 1990,

Considering decree n ° 85-801 of July 30, 1985 relating to the status and functioning of the Union of public purchasing groups, modified by decree n ° 2001-887 of September 28, 2001;

Considering the decree n ° 93-1268 of November 29, 1993 relating to the missions of project management entrusted by public contractors to providers of private law; Having

heard the Council of State,

Decrees:

Article 1

The provisions annexed to this decree constitute the public procurement code. With the exception of the provisions of article 133, they come into force from the publication of this decree in the Official Journal of the French Republic. The provisions of article 133 will come into force as from the establishment of the committees provided for by this article and, at the latest, on June 1, 2004.

Article 2

The decree n ° 2001-210 of 7 March 2001 on public procurement code and the provisions annexed to this decree are repealed, with the exception of the provisions of Article 119 which are not repealed only after the establishment commissions provided for in article 133 of the provisions annexed to this decree and, at the latest, on June 1, 2004.

Article 3

Decree n ° 2001-806 of September 7, 2001 taken for the application of article 30 of the public procurement code and establishing the list of services falling within the categories mentioned by this article and decree n ° 2002-231 of February 21 2002 relating to the maximum payment period in public contracts are repealed.

Article 4

  1. – Public contracts notified prior to the date of publication of this decree remain governed, for their execution, by the provisions of the public procurement code in their drafting prior to the provisions annexed to this decree.II.- Public contracts for which a consultation has been initiated or a public call for competition sent to the publication prior to the date of publication of this decree remain governed, for their award, by the provisions of the public procurement code in their drafting prior to the provisions annexed to this decree.The provisions of Titles I, II, IV, V and VI of the code annexed to this decree are applicable to them.

Article 5

  1. – Article R. 714-5 of the public health code is replaced by the following provisions:
    “Art.R. 714-5.- At the Public Assistance-Hospitals of Paris, the Board of Directors may appoint its representative (s) and substitutes for the tender committees provided for in the penultimate paragraph of I of Article 22 of the Code. public contracts among the qualified individuals proposed by the CEO or among the elected members of the supervisory committees mentioned in 2 ° of I of article R. 716-3-22. ”
    II. – In article 1 of the aforementioned decree of July 30, 1985 relating to the status and functioning of the Union of public purchasing groups, a paragraph is added as follows:
    “The Union of public purchasing groups is a purchasing center within the meaning of article 9 of the public procurement code. “

Article 6

The Minister of the Interior, Internal Security and Local Freedoms, the Minister of Social Affairs, Labor and Solidarity, the Keeper of the Seals, Minister of Justice, the Minister of Foreign Affairs, the Minister of Defense , the Minister of Youth, National Education and Research, the Minister of the Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and sea, the Minister of Ecology and Sustainable Development, the Minister of Health, Family and Disabled People, the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of culture and communication, the Minister of the Civil Service, State Reform andregional planning, the Minister of Overseas Territories, the Minister of Sports and the Minister for the Budget and Budget Reform are responsible, each as far as he is concerned, with the execution of this decree, which will be published in Official Journal of the French Republic.

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