EPPPL 2021: Report from Greece – Upgrading National Framework
Stelios Tsevas
Lawyer at Court, PhD Can., LLM, PgD (King’s College London)
During 2021, Greece took significant steps toward upgrading its national procurement framework through efficient law-making (Law 4782/2021), greener procurement policies, and stabilized judicial confidence in interpreting the Directives.
A. The New Law 4782/2021
Law 4782/2021 modified Law 4412/2016 to speed up procedures, raise competitiveness, and expand digitization:
- Contracts up to €2,500 are categorized as "minor value contracts" exempt from standard administrative procedure.
- Direct award threshold raised from €20,000 to €30,000.
- Informal tender processes up to €60,000 abolished.
- Mandatory ESIDIS digital system usage expanded to contracts exceeding €30,000.
- Mandatory ESPD (ΕΕΕΣ) duty expanded to all awarding procedures.
- Good performance bond reduced to 4% for goods/services and 5% for works.
- Recourse to arbitration permitted for works contracts exceeding €10,000,000.
B. The New National Plan on Green Public Procurement
Enacted on February 8, 2021, the plan sets mandatory environmental criteria across product categories (paper, IT, LED lighting, vehicles, furniture, healthcare equipment, construction) to be updated every 3 years.
C. Key Case Law (Council of State)
- 134/2021: False declarations can lead to exclusion even if falsehood is due to gross negligence.
- 601/2021: Awarding agencies retain sole competency to exclude bidders for abnormally low tenders.
- 615/2021: Objections based on equal treatment must refer strictly to the same awarding procedure.
- 627/2021: Additional warranty periods offered by bidders can serve as an award sub-criterion in value-for-money tenders.