Chapter IV – Procurement of data centre services, cloud computing services, software and AI systems by the Commission (Art. 37-40)
Art. 37 Cloud and AI Development Act - Procurement activities of the Commission
Art. 38 Cloud and AI Development Act - Arrangements for the procurement activities by the Commission
Art. 39 Cloud and AI Development Act - Applicable public procurement framework
Art. 40 Cloud and AI Development Act - Fees for procurement activities
- The costs arising from the procurement activities carried out pursuant to this Chapter shall be jointly financed by the participating entities through fees levied by the Commission.
- The costs incurred in establishing the common procurement activities referred to in Article 37, including the development of the common procurement platform, may be initially borne by the general budget of the Union. In such case, they shall be reimbursed by the participating entities over a period not exceeding three years from the date on which they were borne by the Union. The Commission may adopt implementing acts laying down the practical and operational arrangements for reimbursement by the participating entities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
- Revenues generated by the fees shall constitute internal assigned revenues within the meaning of Article 21(3), point (a), of Regulation (EU, Euratom) 2024/2509. Those revenues shall be assigned to cover the costs of the procurement activities carried out pursuant to Article 37. Any revenue remaining after covering those costs shall be entered into the general budget of the Union.
- The fees shall be set in advance, shall be proportionate to the estimated costs of the activities for which fees are chargeable as determined in a cost-effective way, reflecting practices of comparable procurement frameworks, and shall be sufficient to cover those costs.
- 5.The Commission shall adopt implementing acts laying down detailed rules for determining the fees, specifying the following:
- the estimated costs attributable to the procurement activities for which fees are chargeable;
- the individual amounts of the chargeable fees;
- the manner and conditions under which the fees are to be paid;
- the conditions under which the fees are to be paid.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
