Our issue is about bilateral contracts signed after a tender procedure. In France, at the end of the contract award procedure, suppliers whose offer was rejected have 11 days to bring an action against the rejection decision. The contracts are signed at the end of this withdrawal period. Under REMIT, standard contracts have to be reported to the agency no later than the working day following the conclusion of the contract. Under REMIT, what is the date of conclusion of the contract that must be retained: the date on which both parties agree on the transaction or the contract signing date (12 days after)?
Example: A tender procedure ends on January 14th, 2016 by awarding the contract to a supplier. On January 14th suppliers who have not been selected are informed of the decision. They can challenge the decision until January 25th, 2016. If there is no dispute, the contract between the buyer and the supplier selected is signed on January 26th, 2016. When do both parties have to report the transaction to the agency (assuming it is a standard contract)?
In case of bilateral contracts signed after a tender procedure the contract signing date should be considered as the date of the contract.
Last updated: 04/10/2021