For the application of the regulatory provisions of Book I in French Polynesia:
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 de la Polynésie Française or on the contracting authority’s buyer profile. ” ;
7° In Article R. 2131-5, the words: “, under the conditions set out 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 set out in Articles R. 2131-19 and R. 2131-20” are replaced by the words: “of French Polynesia. “;
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 French Polynesia. “
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. 2124-1 and R. 2124-3 to R. 2124-5, the purchaser shall publish a contract notice either in the Bulletin officiel des annonces des marchés publics, or in the Journal officiel de la Polynésie française, 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, such access shall be provided as 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, such access shall be 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 reads as follows:
“In all contract award 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, references to articles of the Labour Code are replaced by references to 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 referred to 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 Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises” and the words: “within the meaning of Article 19 I of amended Law no. 96-603 of 5 July 1996 relating to the development and promotion of trade and craft trades” are replaced by the words: “within the meaning of locally applicable regulations”;
21° In article R. 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 Commissioner of the Republic;
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 Journal officiel de la Polynésie française. 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 de la Polynésie française 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 changed 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 Journal officiel de la Polynésie française 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 when the period of validity is modified without the system being terminated;
“2° An award notice when the system is terminated. ” ;
27° In Article R. 2172-35, the reference to categories M and N as defined in Article 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. 2191-63the reference to Article 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 who are 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 reads as follows:
“This notice is published in the medium that was primarily used for prior advertising. “
36° French Polynesia 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.