Date: 2023-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/2495 of 15 November 2023 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the thresholds for public supply, service and works contracts, and design contests
Executive Summary:
Commission Delegated Regulation (EU) 2023/2495 amends Directive 2014/24/EU, revising the thresholds for public supply, service, and works contracts, as well as design contests. This revision aligns with the Agreement on Government Procurement, ensuring compliance with international obligations. The updated thresholds apply from January 1, 2024.
Key Points / Main Content:
Revised Thresholds:
* Article 4(a): The threshold of EUR 5,382,000 is replaced by EUR 5,538,000.
* Article 4(b): The threshold of EUR 140,000 is replaced by EUR 143,000.
* Article 4(c): The threshold of EUR 215,000 is replaced by EUR 221,000.
* Article 13(a): The threshold of EUR 5,382,000 is replaced by EUR 5,538,000.
* Article 13(b): The threshold of EUR 215,000 is replaced by EUR 221,000.
Entry Into Force and Application:
* The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
* It applies from January 1, 2024.
Impact Analysis:
Contracting Authorities:
* Impact: Contracting authorities applying Directive 2014/24/EU must adhere to the revised thresholds for public procurement contracts.
* Action Required: Adjust procurement procedures and contract values to reflect the new thresholds when initiating public supply, service, and works contracts, and design contests from January 1, 2024.
EU Member States:
* Impact: The regulation is binding and directly applicable in all Member States.
* Action Required: Ensure national laws and procurement practices align with the updated thresholds by January 1, 2024.
European Commission:
* Impact: The Commission is responsible for publishing the revised thresholds and ensuring Member States comply with the updated regulation.
* Action Required: Continue monitoring and reporting on the implementation of the revised thresholds across Member States.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Directive 2014/24/EU: A directive of the European Parliament and of the Council on public procurement.
European Parliament: One of the legislative branches of the European Union.
Council of the European Union: A legislative branch of the European Union where representatives from each member state meet.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Agreement on Government Procurement: A plurilateral agreement under the framework of the World Trade Organization (WTO) aimed at opening up government procurement markets among its parties.
World Trade Organization: An intergovernmental organization that regulates and facilitates international trade.
Official Journal EN
of the European Union L series
2023/2495 16.11.2023
COMMISSION DELEGATED REGULATION (EU) 2023/2495
of 15 November 2023
amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the
thresholds for public supply, service and works contracts, and design contests
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in particular Article 6(5), 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 2014/24/EU is to allow 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 thresholds set in
Article 4, points (a), (b) and (c), of Directive 2014/24/EU correspond to the thresholds established in the
Agreement, it is necessary to revise the thresholds set out in that Directive. In accordance with Article 6(2) of
Directive 2014/24/EU, the thresholds established in Article 13 of that Directive are to be aligned with the
thresholds set out in Article 4, points (a) and (c), of that Directive.
(3) Article 6(1) of Directive 2014/24/EU requires that every two years the Commission revise the thresholds with effect
from 1 January. Hence, the thresholds for the years 2024–2025 should apply as of 1 January 2024.
(4) The calculation of the thresholds cannot start earlier than 1 September, due to data availability. According to
Article 6(4) of the Directive, the revised thresholds in euro and their corresponding values in other national
currencies of EU Member States must be published by the Commission in the Official Journal of the European Union at
the beginning of November. In view of the above, and in order to meet the above-mentioned deadline, the
Commission makes recourse to the urgency procedure for adopting this regulation.
(5) Directive 2014/24/EU should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Directive 2014/24/EU is amended as follows:
(1) Article 4 is amended as follows:
(a) in point (a), ‘EUR 5 382 000’ is replaced by ‘EUR 5 538 000’;
(1) OJ L 94, 28.3.2014, p. 65.
(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.
ELI: http://data.europa.eu/eli/reg_del/2023/2495/oj 1/2EN
OJ L, 16.11.2023
(b) in point (b), ‘EUR 140 000’ is replaced by ‘EUR 143 000’;
(c) in point (c), ‘EUR 215 000’ is replaced by ‘EUR 221 000’;
(2) in Article 13, first paragraph is amended as follows:
(a) in point (a), ‘EUR 5 382 000’ is replaced by ‘EUR 5 538 000’;
(b) in point (b), ‘EUR 215 000’ is replaced by ‘EUR 221 000’.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
It shall apply from 1 January 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 November 2023.
For the Commission
The President
Ursula VON DER LEYEN
2/2 ELI: http://data.europa.eu/eli/reg_del/2023/2495/oj