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Rules applicable to procurement by entities operating in the water, energy, transport and postal services sectors until 2016
Rules applicable to procurement by entities operating in the water, energy, transport and postal services sectors until 2016
Rules applicable to procurement by entities operating in the water, energy, transport and postal services sectors until 2016
This summary has been archived and will not be updated. See
'Public procurement – rules for water, energy, transport and postal sectors'
for an updated information about the subject.
Rules applicable to procurement by entities operating in the water, energy, transport and postal services sectors until 2016
This directive addresses the need to assure the opening of the market, as well as a fair balance in the implementation of the procurement in the water, energy, transport and postal services sectors. Directive 2014/25/EU has replaced this directive, which remains applicable nevertheless, until the transposition of the directive by the Member States, to be carried out no later than 18 April 2016.
ACT
Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of the procedures for awarding public procurement in the water, energy, transport and postal services sectors.
SUMMARY
Directive 2004/17/EC on the special sectors of water, energy, transport and postal services (so-called special sectors) applies to the procurement issued by a contracting entity in the sectors in question for:
However, it does not apply to works concessions or services regulated by Directive 2014/23/EU.
Contracting entities
The special sectors directive applies to:
The annexes of the directive contain inexhaustible lists of the contracting entities.
Activities concerned
The directive particularly applies to the provision or operation of fixed networks intended to provide a service to the public in the following sectors:
It also applies to:
It is important to note that the contracts awarded in the sectors in question are no longer subject to the directive if there exists an effective competition approved by a decision made by the Commission on the effective competition in a Member State or for a given sector .
Thresholds revised every 2 years
The directive applies to public contracts that have an estimated value, excluding VAT, equal to or superior to the following thresholds:
Criteria for the awarding of contracts
The criteria on which the contracting entities are based are:
Obligation of publication and transparency
This obligation is particularly targeted at the publication of information notices according to the standard formulas of the Commission, accessible on the information system for European public procurement (SIMAP). There are several types:
For every contract, the contracting entity must also be in a position to justify its decisions and conserve all appropriate information for at least 4 years. At the earliest opportunity, it shall inform:
Technical specifications
The technical specifications shall define the characteristics required of a material, supply or service such that they fulfil the use for which they are intended. They shall figure in the contract documentation (contract notice, specification or additional documents) and must not create unjustifiable obstacles for competition.
Conditions for participation
The European legislation on public procurement provides the conditions which can be demanded of participation in public procurement. These conditions aim to ascertain the economic operators’ aptitude for participation in a contract, on the basis of criteria relating to the economic and financial capacity and professional and technical capacities.
The conditions of participation also aim to combat fraud and corruption. Any economic operator condemned for having participated in a criminal organisation, corruption, fraud, or money laundering is systematically excluded from an award of public procurement by a contracting authority.
An economic operator can also be excluded from the participation in a public procurement if it:
Procedures for the awarding of public procurement
There are different procedures for the award of public procurement:
The contracting entities may also award procurement without prior call for competition in certain specific cases listed in the Directive.
Competitions in the services sector
The directive applies to competitions for the procurement of services superior to €414 000.
The contracting entity shall publish a competition notice conforming to the regulations for the procedure of awarding a public procurement and it shall only be aware of the projects when the deadline for the planned presentation has expired.
The award criteria are clear, non-discriminatory and assure a genuine competition. The jury shall exclusively be composed of technically qualified and independent personnel.
REFERENCES
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal of the European Union |
Directive 2004/17/EC |
30.4.2004 |
31.1.2006 |
OJ L 134 of 30.4.2004 |
Amending act(s) |
Entry into force |
Deadline for transposition in the Member States |
Official Journal of the European Union |
Directive 2005/51/EC |
21.10.2005 |
31.1.2006 |
OJ L 257 of 1.10.2005 |
Regulation (EC) No 2083/2005 |
1.1.2006 |
- |
OJ L 333 of 20.12.2005 |
Regulation (EC) No 1422/2007 |
1.1.2008 |
- |
OJ L 317 of 5.12.2007 |
Directive 2009/81/EC |
21.8.2009 |
21.8.2011 |
OJ L 216 of 20.8.2009 |
Regulation (EC) No 1177/2009 |
1.1.2010 |
- |
OJ L 314 of 1.12.2009 |
Regulation (EU) No 1251/2011 |
1.1.2012 |
- |
OJ L 319 of 2.12.2011 |
Regulation (EU) No 1336/2013 |
1.1.2014 |
- |
OJ L 335 of 14.12.2013 |
Successive amendments and corrections to Directive 2004/17/EC have been incorporated into the original text. This consolidated version is for reference only.
RELATED ACTS
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on the awarding of procurement to entities operating in the water, energy, transport and postal services sectors and repealing the Directive 2004/17/EC (Official Journal L 94 of 28.3.2014).
Last updated: 02.06.2014