Accept Refuse

EUR-Lex Access to European Union law

This document is an excerpt from the EUR-Lex website

Summaries of EU Legislation

Public purchasing — rules for water, energy, transport and postal sectors

Go to the summaries’ table of contents

Public purchasing — 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 use of public contracts by companies or individuals in the water, energy, transport and postal sectors to obtain works, supplies or services.
  • Although the basic rules and principles laid down in Directive 2014/24/EU. apply to the water, energy, transport and postal sectors, Directive 2014/25/EU takes account of the specific features of these sectors which play key roles in meeting society’s needs.

KEY POINTS

Thresholds

Contracts must be issued by national, regional or local authorities, public undertakings or entities benefiting from special or exclusive rights (i.e. the entities covered by this directive), according to the directive’s rules, when the sums involved are above the following ceilings (valid from 1 January 2016):

  • €418 000 for supply and service contracts and design contests;
  • €5 225 000 for works contracts;
  • €1 000 000 for service contracts for social and other specific services.

The European Commission assesses these thresholds every 2 years to determine whether they should be changed in accordance with the EU’s international obligations.

Activities covered

The directive applies to public procurement in:

  • gas and heat sectors, electricity and water (when it is a service to be provided to the public and in connection with their production), transport or distribution;
  • 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 contracts:

  • on the resale or lease of items to another company or organisation;
  • for works or services in all previously mentioned sectors in a non-EU country;
  • covered by other public procurement or international legal obligations (e.g. the World Trade Organisation Agreement on Government Procurement);
  • subject to Directive 2009/81/EEC or excluded therefrom (contracts involving defence or security aspects).

New standard forms for procurement notices

Commission Implementing Regulation (EU) 2015/1986 introduces new standard forms for publishing public procurement notices. These new forms applied to all new public procurement notices until 18 April 2016.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 17 April 2014. EU countries had to incorporate it into national by 18 April 2016.

BACKGROUND

General EU legislation setting out the rules for public purchasing is contained in Directive 2014/24/EU. These rules lay down the procedures to be followed and stipulate that national authorities, when using public procurement to invite tenders for work they wish carried out, must treat all applicants equally and avoid any discrimination between them. They must also be transparent in the way in which they operate and take decisions.

For more information, see:

MAIN DOCUMENT

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)

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

RELATED DOCUMENTS

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

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

Commission Implementing Regulation (EU) 2015/1986 of 11 November 2015 establishing standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) No 842/2011 (OJ L 296, 12.11.2015, pp. 1-146)

last update 19.09.2016

Top