By Royal Decree of 4 November 2022, the Norwegian Government appointed a Commission to review the procurement legislation and set forth a proposal for a new regulatory framework. The Commission was asked to propose a new legal structure for the procurement legislation, simplify the legislation and clarify the rules regarding sustainable procurement. The mandate demanded that the Commission to especially assess the rules on green public procurement, and asked for a further strengthening of these rules. Furthermore, the Commission was asked to deliver its proposals in two separate reports, to be delivered on 4 November 2023 and 4 May 2024. In this report the Commission set forth substantial changes to the procurement legislation in Norway. This includes, inter alia, that a new Public Procurement Act: regulates public contracts both above and below the EU-thresholds, places rules of a more technical character in an administrative regulation, does not regulate public contracts below 300 000 Norwegian kroner, implements the procurement directive in a loyal and transparent matter, utilises the flexibility in the directive, includes updates from relevant case-law, places all rules regarding sustainable procurement together, has a new provision regarding green public procurement, proposes a legal basis for upcoming regulatory acts from the EU, removes many of the national thresholds on specific subjects, and lays the foundation for the efficient use of public funds.
Forarbeid