Public nature of procurement procedures
1. Contracting authorities defined in Article 5(1), with the exception of central purchasing bodies, shall draw up, at the beginning of the budgetary year, by 31 March at the latest, an annual overall public procurement plan (hereinafter referred to as ‘public procurement plan’), which shall outline all public procurements envisaged for the given year. The public procurement plan shall be retained by the contracting authority for a period of at least five years. Public procurement plans shall be made publicly available.
2. Contracting authorities may launch procurement procedures prior to the completion of the public procurement plan; those procedures shall be subsequently included in the public procurement plan, as appropriate.
3. The public procurement plan shall not entail any obligation to carry out the procedures for the award of contracts included therein. Contracting authorities may carry out procedures for the award of contracts not included in the procurement plan or for the award of contracts that have been modified as compared to what the plan contains. In such cases the public procurement plan shall be amended upon the occurrence of such a need or other changes, indicating the justification thereof.
4. Contracting authorities shall, upon request, forward their public procurement plans to the Public Procurement Authority or to the bodies empowered by an act of legislation to exercise control over the contracting authority.