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09 March 2018 | Spain
Legal Briefings – By Ignacio Paz, Miguel Riaño, Iria Calviño, Alejandro Soto


Today sees the entry into force of practically all provisions of Law 9/2017, of 8 November 2017, on Public Procurement, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, into Spanish law.

Four months since Spain's official journal (BOE) published – on 9 November 2017 – new legislation that will govern public procurement in Spain (click here for the alert on its approval), that law enters into force today in accordance with its Sixteenth Final Provision.

The new law includes many new elements applicable to public procurement (click here for the 10 key changes).

Only certain specific aspects of the law will not enter into force yet (in particular, the contracting board or authority being able to report grounded evidence of collusion to the CNMC before awarding a contract). This issue will be covered when regulations are passed that develop the new Public Procurement Law.

The royal decree setting up an Inter-ministerial Commission to include social clauses in public procurement also enters into force today 

In addition, Royal Decree 94/2018, of 2 March, which sets up the Inter-ministerial Commission for the inclusion of social clauses in public procurement, also enters into force today.

The Inter-ministerial Commission's primary role will be to analyse and monitor the application of social clauses in public procurement procedures; however, it will also be responsible for preparing and making proposals, recommendations, reports, studies or guidelines to the Spanish Cabinet.