Section 2: Adaptation provisions

For the application of the regulatory provisions of Book I in the French Southern and Antarctic Territories:
1° In article R. 2111-9:
a) 2° is deleted;
b) In 5°, the words: "the other technical standards drawn up by the European standardisation bodies or, in their absence," are deleted;
2° In Article R. 2122-1, the references to Article L. 1311-4 of the Public Health Code, Articles L. 184-1, L. 511-11, L. 511-15, L. 511-16 and L. 511-19 to L. 511-21 of the Code de la construction et de l'habitation and to 1° and 2° of article L. 201-2 of the Code rural et de la pêche maritime are replaced by references to locally applicable provisions having the same purpose;
3° In article R. 2122-2, the last paragraph is deleted;
4° In 5° of article R. 2124-3, the word "European" is deleted;
5° Article R. 2131-1 reads as follows:

"Art. R. 2131-1 -The purchaser may make known his intention to award a contract by the publication, for the contracting authority, of a prior information notice, or, for the contracting entity, of a periodic indicative notice. " ;

6° Article R. 2131-2 reads as follows:

"Art. R. 2131-2 -The notices mentioned in Article R. 2131-1 are published either in the Journal officiel des Terres australes et antarctiques françaises or on the contracting authority's buyer profile. " ;

7° In Article R. 2131-5, the words: ", under the conditions provided for in Articles R. 2131-19 and R. 2131-20" are deleted;
8° In Article R. 2131-8, the words: "of the European Union under the conditions provided for in Articles R. 2131-19 and R. 2131-20" are replaced by the words: "of the French Southern and Antarctic Lands. ";
9° Articles R. 2131-12 and R. 2131-13 are replaced by the following provisions:

"Art. R. 2131-12 -For contracts awarded using an adapted procedure, the purchaser is free to choose the advertising methods best suited to the characteristics of the contract, in particular the value and nature of the works, supplies or services in question. " ;

10° In Article R. 2131-15:
a) The words: "in accordance with the model set out in the European Commission Regulation establishing standard forms for the publication of notices in connection with the award of public contracts" are deleted;
b) The words: "of the European Union under the conditions set out in Articles R. 2131-19 and R. 2131-20" are replaced by the words: "of the French Southern and Antarctic Territories";
11° Article R. 2131-16 reads as follows:

"Art. R. 2131-16 -For contracts awarded in accordance with one of the formalised procedures listed in Articles R. 2124-2 to R. 2124-6, the purchaser shall publish a contract notice either in the Bulletin officiel des annonces des marchés publics, or in the Journal officiel des Terres australes et antarctiques françaises, or in a newspaper authorised to publish legal notices. " ;

12° Article R. 2132-2 is replaced by the following provisions:

"Art. R. 2132-2 -The consultation documents in paper format are made available to economic operators free of charge. They may be made available online on a buyer profile from the time of publication of the call for tenders in accordance with the procedures set out in the appendix to this code. The address of the buyer profile on which the consultation documents can be accessed is indicated in the notice or, where applicable, the invitation. " ;

13° Article R. 2132-4 reads as follows:

"Art. R. 2132-4 -Where the call for tenders is made by means of a prior information notice or a periodic indicative notice, access to the consultation documents is provided from the date on which the invitation to confirm interest is sent.
"Where the call for tenders is made by means of a notice on the existence of a qualification system, access is provided as soon as possible and no later than the date on which the invitation to tender is sent. " ;

14° The first paragraph of Article R. 2132-7 is replaced by the following provisions:
"In all procurement procedures, communications and exchanges of information may be made either on paper or electronically. ";
15° Article R. 2132-13 is replaced by the following provisions:

"Art. R. 2132-13 - For each stage of the procedure, candidates and tenderers shall apply the same method of transmission to all the documents they send to the purchaser. " ;

16° In article R. 2143-3, the references to articles L. 5212-1 to L. 5212-11 of the Labour Code are replaced by references to locally applicable provisions having the same purpose;
17° The first paragraph of article R. 2143-7 is worded as follows:
"Candidates established in the local authority shall produce the certificates issued by the competent local authorities and bodies. The taxes, levies, contributions or social security contributions listed in the order annexed to this code are replaced, where necessary, by the taxes, levies, contributions or social security contributions with the same purpose that are applicable locally. "18° In article R. 2143-8, the references to the articles of the Labour Code are replaced by references to the locally applicable provisions having the same purpose;
19° The first paragraph of article R. 2143-9 is replaced by the following provisions: "The purchaser accepts as sufficient proof that the candidate is not in a case of exclusion mentioned in article L. 2141-3, the production of an extract from the relevant register or, failing that, an equivalent document issued by the competent judicial or administrative authority in the candidate's country of origin or establishment, attesting to the absence of a case of exclusion.
20° In article R. 2151-13, the words: "within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises" are replaced by the words: "which employ fewer than two hundred and fifty people and whose annual turnover does not exceed 50 million euros or whose annual balance sheet total does not exceed 43 million euros";
21° In article R. 2151-14, the words: "within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises" are replaced by the words: "which employ fewer than two hundred and fifty people and whose annual turnover does not exceed 50 million euros or whose annual balance sheet total does not exceed 43 million euros". 2151-14, the words: "Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93" are replaced by the words: "the national rules in force";
22° In Article R. 2152-4, the words: "by European Union law" are deleted;
23° In Article R. 2162-23, the reference to the Prefect is replaced by the reference to the High Administrator of the Territory;
24° Article R. 2162-28 reads as follows:

"Art. R. 2162-28 -In order to set up a qualification system, the contracting entity shall publish a notice of the existence of such a system in the Official Journal of the French Southern and Antarctic Lands. This notice shall mention its purpose, its duration and the procedures for accessing the rules governing it. " ;

25° Article R. 2162-29 reads as follows:

"Art. R. 2162-29 -The contracting entity shall notify the Journal officiel des Terres australes et antarctiques françaises of any change in the duration of the system using:
"1° A notice on the existence of a qualification system when its period of validity is modified without it being terminated;
"2° An award notice when the system is terminated. " ;

26° Article R. 2162-40 reads as follows:

"Art. R. 2162-40 -Where the estimated value of the requirement is equal to or greater than the formalised procedure thresholds, the purchaser shall notify the Official Journal of the French Southern and Antarctic Lands of any change to the period of validity of the dynamic purchasing system using:
"1° The form used for the call for tenders for the dynamic purchasing system where the period of validity is modified without the system being terminated;
"2° An award notice where the system is terminated. " ;

27° In Article R. 2172-35, the reference to categories M and N as defined inArticle R. 311-1 of the Highway Code is replaced by the reference to locally applicable provisions having the same purpose;
28° Article R. 2183-1 reads as follows:

"Art. R. 2183-1 -For contracts fulfilling a need for an amount equal to or greater than the European thresholds published in the Journal officiel de la République française, the purchaser shall send for publication, within a maximum period of thirty days from the signing of the contract, an award notice in the medium that was primarily used for prior advertising. " ;

29° The last two paragraphs of article R. 2191-7 are deleted;
30° In article R. 2191-63, the reference toarticle L. 3253-22 of the Labour Code is replaced by the reference to the locally applicable regulations having the same purpose;

30° bis The second paragraph of Article R. 2192-3 is applicable only if the contract holders or their subcontractors eligible for direct payment choose to send their invoices in electronic form;
31° In Article R. 2192-11, the last paragraph is deleted;

31° bis In article R. 2192-15, the words: "to L. 2192-3" are replaced by the words: "and L. 2192-2";
32° In article R. 2192-16, the words: "local authorities and their public establishments" are deleted;
33° In article R. 2192-19, the words: "local authorities or their public establishments" are deleted;
34° In article R. 2192-23, the words: "local authorities and their public establishments" are deleted;
35° The last paragraph of article R. 2194-10 is worded as follows:
"This notice is published in the medium that was primarily used for prior advertising. "
36° The French Southern and Antarctic Lands may come under the jurisdiction of an inter-regional or inter-departmental committee provided for in Article R. 2197-3;
37° 1° of Article R. 2197-4 is deleted.