ABSTRACT
EU law does not restrict the freedom of a contracting authority to perform the public interest tasks conferred on it by using its own administrative, technical and other resources. As such, contracting authorities may choose not to interface with private entities, which are not a part of their own structures. 1 If a contracting authority performs a public task by using its own resources in such a way that no contract for pecuniary interest is concluded, EU public procurement law does not apply. Moreover, the possibility to perform public tasks using its own resources may also be exercised in cooperation with other contracting authorities. Several contracting authorities may mutually assist each other. If such arrangements are not based on remuneration or any exchange of reciprocal rights and obligations, there is no contractual interface within the meaning of EU public procurement law. However, there are significant parameters which must be observed for such a discretion of Member States to function.
