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Summaries of EU Legislation

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Awards of public contracts and concessions: review procedures

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Awards of public contracts and concessions: review procedures

SUMMARY OF:

Council Directive 92/13/EEC on the procurement procedures in the water, energy, transport and telecommunications sectors

SUMMARY

WHAT DOES THIS DIRECTIVE DO?

It requires EU countries to ensure that decisions on the award of public contracts and concessions in the utilities sector, as well as preliminary procedural decisions in that context, can be reviewed quickly and effectively on the grounds that those decisions have infringed EU public procurement law.

KEY POINTS

  • Directive 92/13/EEC applies to public contracts and concessions in the utilities sector falling within the scope of the relevant substantive rules (Directive 2014/23/EU and Directive 2014/25/EU, the latter replacing Directive 2004/17/EC from 18 April 2016).
  • EU countries must ensure that the review procedures are available at least to any person having, or having had, an interest in obtaining a particular contract and who has been, or risks being, harmed by an alleged infringement.
  • Directive 92/13/EEC allows actions to be brought both before the contract is signed (pre-contractual remedies) and after (post-contractual remedies).
    • Pre-contractual remedies are intended to correct the infringement of the public procurement rules in the course of the tendering procedure and, in any event, before the contract becomes effective. These include the right of interim measures, a compulsory standstill period and the requirement to suspend the award procedure whilst the appeal is being investigated to prevent the award of the contract.
    • Post-contractual remedies aim to declare an existing contract ineffective and/or to provide compensation (mainly damages) to the affected parties after the contract in question has been awarded.
  • Directive 92/13/EEC was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments, mainly to increase the scope of Directive 92/13/EEC with regard to concessions under Directive 2014/23/EU and to update the references to the substantive rules for public contracts laid down in Directive 2014/25/EU.
  • Directive 89/665/EEC is the equivalent of Directive 92/13/EEC for the public sector. It was thoroughly amended by Directive 2007/66/EC. Directive 2014/23/EU introduced further amendments for its own needs and for those of Directive 2014/24/EU.

FROM WHEN DOES THE DIRECTIVE APPLY?

It applies from 6 March 1992. EU countries had to incorporate it into national law by 1 January 1993.

BACKGROUND

For more information, see ‘Remedies Directives’ on the European Commission’s website.

ACT

Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, pp. 14-20)

Subsequent amendments to Directive 92/13/EEC have been incorporated into the basic text. This consolidated version (which only incorporates the amendments introduced up to and including Directive 2007/66/EC) is of documentary value only.

RELATED ACTS

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, pp. 1-113) (valid until 18.4.2016)

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, pp. 243-374) (valid from 18.4.2016)

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, pp. 1-64). See consolidated version.

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, pp. 65–242). See consolidated version.

last update 21.03.2016

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