Date: 2023-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/2510 of 15 November 2023 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts
Issued by European Commission
· Directorate-General for Defence Industry and Space
Executive Summary:
This Commission Delegated Regulation (EU) 2023/2510 amends Directive 2009/81/EC regarding the thresholds for supply, service, and works contracts in the fields of defence and security. This amendment aligns the Directive's thresholds with those revised in Directive 2014/25/EU. It takes effect on January 1, 2024.
Key Points / Main Content:
Threshold Amendments:
* Article 8(a) of Directive 2009/81/EC: The threshold of EUR 431,000 is replaced with EUR 443,000.
* Article 8(b) of Directive 2009/81/EC: The threshold of EUR 5,382,000 is replaced with EUR 5,538,000.
Entry into Force and Application:
* The Regulation enters into force twenty days after its publication in the Official Journal of the European Union.
* It applies from January 1, 2024.
Impact Analysis:
Contracting Authorities/Entities in Defence and Security:
Impact: Affected by revised threshold values for supply, service, and works contracts.
Action Required: Adjust procurement procedures to reflect the new threshold values when awarding contracts from January 1, 2024.
European Commission:
Impact: Responsible for ensuring Member States apply the updated thresholds.
Action Required: Monitor the implementation of the revised thresholds and publish the updated values in national currencies.
EU Member States:
Impact: Required to implement and apply the amended thresholds in their national legislation and procurement practices.
Action Required: Ensure national laws and procurement processes align with the updated thresholds by January 1, 2024.
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, and managing the EU's day-to-day business.
Directive 2009/81/EC: A directive of the European Parliament and of the Council on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security.
European Parliament: The directly elected parliamentary body of the European Union.
Council of the European Union: A council of ministers representing the governments of EU member states.
Agreement on Government Procurement: A plurilateral agreement under the World Trade Organization (WTO) aimed at mutually opening government procurement markets among its parties.
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.
Brussels: The de facto capital of the European Union, located in Belgium.
Official Journal EN
of the European Union L series
2023/2510 16.11.2023
COMMISSION DELEGATED REGULATION (EU) 2023/2510
of 15 November 2023
amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the
thresholds for supply, service and works contracts
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009on the coordination
of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or
entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC(1), and in particular
Article 68(1), 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’) expressed as special drawing rights.
(2) One of the objectives of Directive 2014/25/EU of the European Parliament and of the Council(4) 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. In accordance with Article 17 of Directive 2014/25/EU, every 2 years the
Commission is to verify that the thresholds set out in Article 15, points (a) and (b), of that Directive correspond to
the thresholds established in the Agreement and is to, where necessary, revise them.
(3) The thresholds laid down in Directive 2014/25/EU have been revised. In accordance with Article 68(1) of
Directive 2009/81/EC, the thresholds laid down in that Directive are to be aligned to the revised thresholds laid
down in Directive 2014/25/EU.
(4) Pursuant to Article 68(1) of Directive 2009/81/EC, the Commission is also to revise the thresholds laid down in
Article 8 of that Directive at the same time as thresholds laid down in Directive 2004/17/EC(5) of the European
Parliament and of the Council are revised. Article 17(1) of Directive 2014/25/EU, which repealed
Directive 2004/17/EC, 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.
(5) The calculation of the thresholds cannot start earlier than 1 September, due to data availability. According to
Article 68(3) of the Directive 2009/81/EC, 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.
(6) Directive 2009/81/EC should therefore be amended accordingly,
(1) OJ L 216, 20.8.2009, p. 76.
(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.
(4) 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 (OJ L 94, 28.3.2014, p. 243).
(5) Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of
entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, p. 1).
ELI: http://data.europa.eu/eli/reg_del/2023/2510/oj 1/2EN
OJ L, 16.11.2023
HAS ADOPTED THIS REGULATION:
Article 1
Article 8 of Directive 2009/81/EC 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’.
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/2023/2510/oj