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Summaries of EU Legislation

Public procurement – rules for water, energy, transport and postal sectors

SUMMARY OF:

Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors

WHAT IS THE AIM OF THE DIRECTIVE?

  • It sets out rules on the award of public contracts by entities active in the water, energy, transport and postal sectors.
  • Its rules are based on the rules of the general public procurement Directive 2014/24/EU (see summary), but take into account the specific nature of these sectors.

KEY POINTS

The entities active in the water, energy, transport and postal sectors which are public institutions, are publicly owned or benefit from special or exclusive rights have to follow the rules laid down in the directive.

Thresholds

Contracts must be awarded according to the rules of the directive when the sums involved are above the following thresholds:

  • €443,000 for supply and service contracts and design contests (from );
  • €5,538,000 for works contracts (from );
  • €1,000,000 for service contracts for social and other specific services.

The European Commission revises these thresholds every 2 years in accordance with the EU’s international obligations.

Activities covered

The directive applies to public procurement in:

  • production, transport or distribution in connection with the gas and heat, electricity and water sectors, when these are services to be provided to the public;
  • public transport by railway, tram, trolley, bus or cable car;
  • airports, maritime and inland ports and other terminals for air, sea or canals;
  • postal services and other businesses which provide the public with similar services involving the clearance, sorting, routing and delivery of postal items;
  • oil and gas extraction and exploration for, or extraction of, coal and other solid fuels.

Exemptions

The directive does not apply to:

  • purchase of items for resale or lease;
  • contracts in non-EU countries;
  • contracts involving defence or security aspects that are covered by or excluded from Directive 2009/81/EC (see summary).

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive had to be transposed into national law by .

BACKGROUND

For further information, see:

MAIN DOCUMENT

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

Successive amendments to Directive 2014/25/EU have been incorporated in the original text. This consolidated version is of documentary value only.

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