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GLOSSARY

OJEU definition

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What does OJEU mean?

Official Journal of the EU: All procurement in the public sector is subject to EC Treaty principles of non-discrimination, equal treatment and transparency. The EC public procurement Directives require contracting authorities, such as NDA, to provide details of procurements in a prescribed format, which are then published in the OJEU.

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Varying public contracts

Varying public contracts Stop Press: On 24 February 2025, the main provisions of the Public Procurement Act 2023 (PA 2023) come into force. We are reviewing and updating our content accordingly. Note, however, that procurements begun on or after 24 February must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. For information, see Practice Note: Key Implications of the procurement Act 2023 for Construction Lawyers. Brexit impact—public procurement The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement [Archived]. Of particular relevance to the variation of public contracts are the...

JCT Framework Agreement

JCT Framework Agreement The JCT publishes a standard form framework agreement called the JCT Framework Agreement (JCT FA). It was first published in 2005 in both binding and non-binding versions, and a revised single edition was published in 2007. The JCT FA was updated in 2011, again in 2017 (although it was labelled the 2016 edition as it forms part of the JCT 2016 suite), and most recently in 2025 (forming part of the JCT 2024 suite). The guidance in this Practice Note covers all of the 2011, 2016 and 2024 editions, highlighting their differences where relevant. These versions are, however, very similar in their terms; though at the outset, it is important to note that certain of the amendments introduced to the 2024 edition were intended to reflect changes made to the public procurement regime, delivered under the Procurement Act 2023 (PA 2023). PA 2023 came substantially into force on 24 February 2025. For more information on PA 2023, see Practice Note: Introduction to the Procurement Act...

Discover our 13 Practice Notes on OJEU

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime?

Are there any circumstances in which it would be necessary to issue a voluntary ex ante transparency notice for a below-threshold public contract awarded under the light touch regime? It is assumed that this query relates to a below-threshold public procurement exercise using the light touch regime (LTR) under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Voluntary transparency notice A voluntary transparency notice may be used by a contracting authority where a public contract has been awarded without prior publication of a contract notice in accordance with PCR 2015, SI 2015/102, Pt 2 (ie a direct award). A contracting authority may opt to publish a voluntary transparency notice in these circumstances in order to prevent or resist a legal challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99(2). PCR 2015, SI 2015/102, reg 99(3) provides that the ground of ineffectiveness (for lack of advertisement) will not apply if the contracting authority: • considers the contract award (without prior publication of a contract...

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started?

Can a contracting authority change the procedure adopted for a public procurement exercise (eg from open to negotiated procedure) once the procurement process has started? In conducting our research we have focussed on above-threshold procurement exercises regulated by the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015). As a general rule, contracting authorities conducting a public procurement exercise must adhere to the rules of the procedure that have been indicated/advertised in the Official Journal of the EU (OJEU) contract notice. Subject to the comments below, this means that it is not possible to negotiate with tenderers in, for example, an open or restricted procedure tender process. In particular, the Court of Justice made clear in SAG ELV Slovensko that: ‘the principle of equal treatment of tenderers and the obligation of transparency resulting therefrom preclude, in [the restricted] procedure, any negotiation between the contracting authority and one or other of the tenderers’. For background reading, see Practice Notes: The legal framework and general principles of EU public...

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EU Law weekly highlights—15 May 2025

This week's edition of EU Law weekly highlights includes analyses of a landmark ruling from the Court of Justice affirming the applicability of EU consumer protection law to contracts involving minors in the sports industry, the EU reforms of its design protection laws for the digital age, the subject matter of patent-eligibility within the domain of AI healthcare in Europe, the Court’s decision to fine TikTok’s data-to-China. In addition this week, the European Commission published frequently asked questions (FAQs) on the EU AI Act literacy requirements, launched a consultation on ongoing review of EU merger guidelines, revised its State aid rules to enhance public access to justice in environmental matters, announced the launch of the European Vulnerability Database, opened a call for evidence on its upcoming European Grids Package, and opened a consultation period for its planned EU Biotech Act proposal.

What do legal teams need to know about AI standards?

TMT analysis: This analysis considers the role of technical standards in the ICT sector and in particular in relation to artificial intelligence (AI). It discusses some of the standards that have been developed relevant to AI, the project to create standards under the EU AI Act and the UK government’s approach. It also considers how standards can be leveraged by customers procuring AI systems, both internally and in contract negotiations. Written by Dr Sam De Silva, partner and global co-head of the Commercial Practice Group, CMS Cameron McKenna Nabarro Olswang LLP.

Read the latest 2 News articles on OJEU