Recital 66

(66) The agreement governing the Commission’s procurement on behalf of or in the name of one or more Member States or joint procurement between the Commission and one or more Member States should, where appropriate, provide for an exclusivity clause, under which participating Member States commit to not procuring the crisis-relevant goods or crisis-relevant services in question through other channels and to not running parallel negotiations. Where such an exclusivity clause is provided for, it should stipulate that, where Member States have additional procurement needs and such procurement does not undermine the ongoing joint procurement or procurement on behalf of or in the name of the Member States according to the assessment of the Commission, it is possible for the participating Member States to launch their own procurement procedure. For the purposes of the joint procurement, EFTA States and Union candidate countries, as well as the Principality of Andorra, the Principality of Monaco, the Republic of San Marino and the Vatican City State should be considered participating Member States in case they decide to participate in the joint procurement. The purpose of the exclusivity clause is to ensure that the ongoing joint procurement or procurement on behalf of or in the name of the Member States is not undermined. De minimis procurement does not affect such procurement, and therefore Member States’ contracting authorities and contracting entities should be permitted to launch a procurement procedure which falls below the thresholds of Directives 2014/24/EU and 2014/25/EU. In addition, given that procurement from an economic operator that is not participating in the ongoing tender does not undermine the ongoing procurement, the exclusivity clause laid down in this Regulation should not apply to that kind of procurement. Where a Member State decides to participate in joint procurement or procurement on behalf of or in the name of Member States for acquiring crisis-relevant goods and services, it should be able to use the central liaison offices provided for in this Regulation to inform all contracting authorities and contracting entities in its territory of the ongoing procurement that triggers the application of the exclusivity clause.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-27 · Text as adopted (Official Journal); later amendments are not incorporated in this text.