Article 131Obligations of eProcurement service providers

1.eProcurement service providers shall ensure that their eProcurement platforms comply with the harmonised standards referred to in Article 129, the references of which have been published in the Official Journal of the European Union, or with the common specifications adopted pursuant to Article 130.

2.eProcurement service providers shall, where relevant, enable the use of the European Business Wallets established pursuant to Regulation [OP – please add proposal on the establishment of the European Business Wallets] for the services they provide to economic operators and public buyers.

3.eProcurement service providers shall ensure that their eProcurement platforms connect to the interoperability network in accordance with the implementation arrangements provided in the implementing acts in accordance with Article 128(3).

4.eProcurement service providers shall not be in an exclusion situation pursuant to Article 25. eProcurement service providers shall be established in the European Economic Area (EEA), shall be owned and controlled by natural or legal persons that are established in the EEA and no natural or legal person, established in a third country shall exercise, directly or indirectly, decisive influence over them. eProcurement service providers shall store all data related to public procurement procedures conducted by public buyers pursuant to this Regulation in the EEA.

5.eProcurement service providers shall ensure access to the procurement detail pursuant to Article 97 and shall not charge any fees for access to any electronic communication conducted through the interoperability network.

6.eProcurement service providers shall ensure that their eProcurement platform is compliant with the technical arrangements provided in the implementing act adopted pursuant to Article 133(5).

7.eProcurement service providers shall connect to an NPPDS established in accordance with Article 134, unless they provide their services exclusively to economic operators.

8.Member States shall designate one or more competent authorities responsible for verifying whether eProcurement service providers comply with the obligations set out in this Article. They shall provide for penalties applicable to infringement of those obligations which shall include the temporary prohibition to provide those eProcurement services. Those penalties shall be effective, proportionate and dissuasive.