Download: CORONA-TASK-FORCE NEWS 4_EN

The Public Procurement Law Practice Group of HAVER & MAILÄNDER Attorneys at Law, Stuttgart and Brussels (contact: Attorney at Law and Specialist Attorney for Public Procurement Law Dr. Alexander Hübner, ah@haver-mailaender.de) would like to draw your attention to the following newsflash (as at: 19.03.2020)

The EU Commission's announcement of March 19, 2020, to set up a strategic stock of medical equipment such as ventilators and protective masks as part of the emergency reserve rescEU in order to support the EU countries against the background of the COVID 19 pandemic is of interest to all suppliers of such products.

The medical equipment to be stockpiled includes:

• Intensive care medical equipment such as respirators,
  
• Personal protective equipment such as reusable protective masks, vaccines and therapeutics,
  
• Lab material.

How does the rescEU stock work?

• The stock itself will be built up by one or more Member States. The Host State will be responsible for procuring the equipment. This means that there will be public procurement procedures in which suppliers can participate.
  
• The stockpile will be 90% financed by the Commission. This means that EU procurement law, i.e. in Germany the GWB procurement law above the procurement thresholds, below the UVgO and in any case the unwritten EU procurement law for internal market relevant contracts, must be observed.
  
• The EU budget for stockpiling initially amounts to EUR 50 million. This suggests that large contract volumes are in the offing.

In addition, Member States are already in the process of procuring personal protective equipment, respiratory equipment and coronavirus testing material through joint procurement. This coordinated approach puts the Member States in a position of strength when negotiating with industry on the supply and pricing of medical devices.

Details can be found under: https://ec.europa.eu/commission/presscorner/detail/en/IP_20_476

Your contact Person:
Attorney
specialist attorney for public procurement law
Dr. Alexander Hübner
Tel.: +49 (0)711/22744-35
ah@haver-mailaender.de
www.haver-mailaender.de