Call for tenders' details

Study on the transposition by Member States of Directive 2016/943 on Trade Secre...
Contracting authority:
European Commission, DG for Internal Market, Industry, Entrepreneurship and SMEs...
TED publication date:
Time limit for receipt of tenders:
English (en)
Question details
request for clarification
Q1 The specifications require: - “Any amendments to those [transposition] national provisions until the date of submission of the Contractor's draft final report shall be reflected in the latter report” (par. 1.1, p. 4); - “The Contractor shall submit each [completeness] report within 10 weeks from the date on which the Commission provides the Contractor with the notification of transposition of a Member State. If a Member State sends more than one notification to the Commission and on different dates, the contractor shall submit the report for the Member State in question within 10 weeks from the last notification sent by the Commission to the Contractor.” (par. 1.3.b), p. 6);- “For each Member State the Contractor shall submit the report [on conformity] within 7 months from the date on which the Commission provides the Contractor with the last notification of transposition by the Member State in question” (par. 1.3.c), p. 7); - “The Contractor shall submit the [draft final] report within 10 months from the date on which the Commission provided the Contractor with the notification of the last Member State to transpose the Trade Secrets Directive In any case, the Contractor shall provide a draft of the final report on 1 November 2020 covering all Member States regardless of whether or not the Trade Secrets Directive was transposed by all Member States.” (par. 1.3.d), p. 7). Based on this, we need seven months to analyse completeness and conformity of provisions for each MS, the EC needs two months to comment on each report and subsequently we need some time to integrate those comments in the Draft Final Report due on 1 November 2020 (at the latest). Shall the Contractor consider, and work on, national provisions for which DG GROW communicates the notification to the same Contractor by 31 January 2020 at the latest? Q2 The specifications mention a “draft Final Completeness Report” once only (par. 1.3. b), page 6): shall we read it as “draft Final Report”?
Q 1) The indicated time limits are maximum time limits. We expect that by 31 March 2020 all Member States will have notified their transposition measures. All notifications sent to the Contractor until 31 March 2020 will have to be reflected in the draft final report. In other words, the contractor will have 10 weeks to submit the completeness report and 7 months to perform the conformity check and include it in the draft final report (which is to be submitted by 1 November 2020 the latest). In the event that notifications are received after 31 March 2020, the Contractor and the Commission services will promptly discuss and agree upon on the feasibility of taking them into account. The inclusion of such additional notifications will not lead to a revision of the price. Finally, please note in the draft final report the Contractor will have to report on the transposition by all Member States, that is, including those that have not notified any transposition measure (point 1.3.(d) para 4 of the Technical specifications). Q2) Yes, the draft final completeness report refers to the draft final report.