Date: 2023-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/2497 of 15 November 2023 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the thresholds for concessions
Executive Summary:
This Commission Delegated Regulation amends Directive 2014/23/EU regarding the thresholds for concessions, ensuring alignment with the Agreement on Government Procurement. It revises the threshold to EUR 5 538 000, applicable from January 1, 2024. The regulation was adopted under the urgency procedure to meet publication deadlines.
Key Points / Main Content:
Threshold Revision:
* The threshold for concessions, as stated in Article 81 of Directive 2014/23/EU, is revised from EUR 5 382 000 to EUR 5 538 000.
Effective Date:
* The regulation comes into force on the twentieth day following its publication in the Official Journal of the European Union.
* It applies from 1 January 2024.
Legal Basis:
* The regulation is based on the Treaty on the Functioning of the European Union and Directive 2014/23/EU, specifically Article 94.
* Council Decision 2014/115/EU regarding the Agreement on Government Procurement is also relevant.
Impact Analysis:
Contracting Authorities and Entities:
Impact: Must apply the revised threshold of EUR 5 538 000 when awarding concession contracts from January 1, 2024.
Action Required: Adjust procurement processes and documentation to reflect the new threshold.
EU Member States:
Impact: The regulation is binding and directly applicable in all member states.
Action Required: Ensure national laws and practices are in compliance with the revised threshold by January 1, 2024.
European Commission:
Impact: Responsible for publishing the revised thresholds and ensuring compliance.
Action Required: Monitor the implementation of the revised threshold by member states.
Key Entities Referenced
Brussels: The de facto capital city of the European Union, located in Belgium.
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 2014/23/EU: A directive of the European Parliament and of the Council on the award of concession contracts.
European Parliament: The parliamentary body of the European Union.
Council of the European Union: A part of the legislative branch, it is where national ministers from each EU country meet to adopt laws and coordinate policies.
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.
Official Journal EN
of the European Union L series
2023/2497 16.11.2023
COMMISSION DELEGATED REGULATION (EU) 2023/2497
of 15 November 2023
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 2014on 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 concessions set out 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 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 9(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 abovementioned deadline, the
Commission makes recourse to the urgency procedure for adopting this Regulation.
(5) 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 5 382 000’ is replaced by ‘EUR 5 538 000’.
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.
(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.
ELI: http://data.europa.eu/eli/reg_del/2023/2497/oj 1/2EN
OJ L, 16.11.2023
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/2023/2497/oj