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Directive 2014/25/EU on Public Procurement in the Water, Energy, Transport and Postal Services Sectors
Article 1: Subject Matter and Scope
Paragraph 1: Establishes rules for procurement procedures by contracting entities for contracts and design contests. These are applicable when the estimated value meets or exceeds the thresholds specified in Article 15.
Article 11: Transport Services
Affirms the Directive’s applicability to activities related to the provision or operation of networks offering public services in the transport sectors, including railway, automated systems, tramway, trolley bus, bus, or cable.
Article 15: Threshold Amounts
Specifies the financial thresholds that determine the applicability of the Directive. For instance, works contracts are subject to this Directive when their value, excluding VAT, is estimated to be equal to or greater than EUR 5,186,000.
Article 36: Principles of Procurement
Paragraph 1: Mandates that contracting entities must treat economic operators equally and without discrimination. It also requires that actions taken by these entities be transparent and proportionate.
Article 43: Conditions Relating to the GPA and Other International Agreements
Requires that contracting entities accord economic operators from third countries, which are signatories to international agreements like the Government Procurement Agreement (GPA), treatment that is no less favorable than that provided to Union economic operators. This applies to works, supplies, services, and the operators themselves.
Article 45: Open Procedure
Paragraph 1: States that in open procurement procedures, any interested economic operator may submit a tender in response to a call for competition.
Article 76: General Principles
Paragraph 4: Allows contracting entities to request additional information or documentation from economic operators if the submitted data appears incomplete or erroneous. Requests must comply with the principles of equal treatment and transparency and must be made within an appropriate time limit unless national law dictates otherwise.
Article 86: Relations with Third Countries Regarding Works, Supplies, and Service Contracts
Paragraph 1: Obligates Member States to inform the European Commission of any significant difficulties their undertakings face in securing public contracts in third countries.
Paragraphs 2-5: Empower the Commission to investigate and, if necessary, propose measures to suspend or restrict the participation of third-country undertakings in EU public procurement procedures. These measures can include imposing score adjustments or excluding tenders from specific third countries.
Paragraph 6: Clarifies that these measures do not affect the EU’s commitments under international agreements, including those within the World Trade Organization (WTO) framework.
Effect: Ensures that any restrictions or adjustments applied to third-country economic operators are consistent with the EU’s international trade obligations and are handled at the EU level rather than by individual Member States.
Key Provisions Summary
- Equal Treatment: Economic operators must be treated equally without discrimination.
- Transparency and Proportionality: Actions by contracting entities must be transparent and proportionate to the objectives.
- International Agreements: Special conditions apply to third-country operators under agreements like the GPA, ensuring no less favorable treatment.
- Open Procedures: Allow any interested party to submit tenders, fostering competitive participation.
- Additional Documentation: Authorities can request further information to ensure the validity and completeness of submissions.
- Third-Country Relations: The Directive provides mechanisms to address and rectify unfair treatment of third-country operators in EU public procurement.
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