Date: 2023-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/2496 of 15 November 2023 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts, and design contests
Executive Summary:
Commission Delegated Regulation (EU) 2023/2496 amends Directive 2014/25/EU regarding the thresholds for supply, service, and works contracts, as well as design contests, to align with the Agreement on Government Procurement. The revised thresholds are required to be updated every two years. This regulation will apply from January 1, 2024.
Key Points / Main Content:
Threshold Revisions:
* The threshold in Article 15(a) of Directive 2014/25/EU is revised from EUR 431,000 to EUR 443,000.
* The threshold in Article 15(b) of Directive 2014/25/EU is revised from EUR 5,382,000 to EUR 5,538,000.
Effective Date:
* The regulation comes into force twenty days after its publication in the Official Journal of the European Union.
* The regulation applies from January 1, 2024.
Impact Analysis:
Contracting Entities:
Impact: Contracting entities operating in the water, energy, transport, and postal services sectors are directly affected by the revised contract value thresholds. They need to adjust their procurement processes to align with the new thresholds when awarding supply, service, and works contracts, and design contests.
Action Required: Update internal procurement policies and procedures to reflect the new threshold values for contracts and design contests starting January 1, 2024.
European Commission:
Impact: The European Commission is responsible for publishing the revised thresholds and ensuring that Member States correctly implement the changes.
Action Required: Ensure publication of the regulation in the Official Journal of the European Union and monitor the implementation of the revised thresholds by Member States.
EU Member States:
Impact: Member States must ensure that their national laws and regulations are in line with the updated thresholds.
Action Required: Transpose the changes into national law, if necessary, and inform relevant stakeholders about the updated thresholds.
World Trade Organization (WTO) Parties to the Agreement on Government Procurement:
Impact: The changes ensure alignment with the Agreement on Government Procurement, potentially affecting procurement opportunities.
Action Required: Review and note the updated thresholds for procurement contracts within the EU.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution 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 2014/25/EU: A directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors.
European Parliament: The parliamentary body of the European Union.
Council of the European Union: A part of the legislative branch of the EU. It is composed of government ministers from each EU member state.
Agreement on Government Procurement: A plurilateral agreement under the World Trade Organization (WTO) aimed at opening government procurement markets among its parties.
World Trade Organization: An intergovernmental organization that regulates and facilitates international trade.
Brussels: The de facto capital of the European Union, located in Belgium, where the regulation was signed.
Official Journal EN
of the European Union L series
2023/2496 16.11.2023
COMMISSION DELEGATED REGULATION (EU) 2023/2496
of 15 November 2023
amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the
thresholds for 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 2014/25/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(1), and in particular Article 17(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 2014/25/EU is to allow the contracting entities which apply that Directive to
comply at the same time with the obligations laid down in the Agreement. To ensure that the thresholds for supply,
service and works contracts and design contests set out in Article 15, points (a) and (b), of Directive 2014/25/EU
correspond to the thresholds established in the Agreement, it is necessary to revise the thresholds set out in that
Directive.
(3) Article 17(1) of Directive 2014/25/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 17(3) 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 2014/25/EU should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Article 15 of Directive 2014/25/EU is amended as follows:
(1) in point (a), ‘EUR 431 000’ is replaced by ‘EUR 443 000’;
(2) in point (b), ‘EUR 5 382 000’ is replaced by ‘EUR 5 538 000’.
(1) OJ L 94, 28.3.2014, p. 243.
(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/2023/2496/oj 1/2EN
OJ L, 16.11.2023
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/2023/2496/oj