11.11.2021   

EN

Official Journal of the European Union

L 398/21


COMMISSION DELEGATED REGULATION (EU) 2021/1951

of 10 November 2021

amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the thresholds for concessions

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1), and in particular Article 9(4), second subparagraph thereof,

Whereas:

(1)

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) concluded in the framework of the World Trade Organization. The amended Agreement on Government Procurement (‘the Agreement’) is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. The Agreement applies to any procurement contract with a value that reaches or exceeds the amounts set therein (‘thresholds’) and expressed as special drawing rights.

(2)

One of the objectives of Directive 2014/23/EU is to allow the contracting entities and the contracting authorities, which apply that Directive to comply at the same time with the obligations laid down in the Agreement. To ensure that the threshold for concession set in Article 8(1) of Directive 2014/23/EU corresponds to the threshold for concessions established in the Agreement it is necessary to revise the threshold set out in that Directive.

(3)

Article 9(1) of Directive 2014/23/EU requires that every two years the Commission revise the thresholds with the effect from 1 January. Hence, the thresholds for the years 2022-23 should apply as of 1 January 2022.

(4)

Directive 2014/23/EU should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 8(1) of Directive 2014/23/EU, ‘EUR 5 350 000’ is replaced by ‘EUR 5 382 000’.

Article 2

This Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 November 2021.

For the Commission

The President

Ursula VON DER LEYEN


(1)  OJ L 94, 28.3.2014, p. 1.

(2)  Council Decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement (OJ L 68, 7.3.2014, p. 1).

(3)  OJ L 68, 7.3.2014, p. 2.