The Decision of the EEA Joint Committee No 38/2024 amends Annex XVI (Procurement) to the EEA Agreement to incorporate recent Commission Delegated Regulations regarding thresholds for public contracts and concessions.
Specifically, it incorporates Commission Delegated Regulations (EU) 2023/2495, 2023/2496, 2023/2497, and 2023/2510 into the EEA Agreement.
Key Changes
Annex XVI to the EEA Agreement is amended to include Commission Delegated Regulation (EU) 2023/2495, which amends Directive 2014/24/EU regarding thresholds for public supply, service and works contracts, and design contests.
Annex XVI to the EEA Agreement is amended to include Commission Delegated Regulation (EU) 2023/2496, which amends Directive 2014/25/EU regarding thresholds for supply, service and works contracts, and design contests.
Annex XVI to the EEA Agreement is amended to include Commission Delegated Regulation (EU) 2023/2510, which amends Directive 2009/81/EC regarding thresholds for supply, service and works contracts.
Annex XVI to the EEA Agreement is amended to include Commission Delegated Regulation (EU) 2023/2497, which amends Directive 2014/23/EU regarding thresholds for concessions.
The decision enters into force on 3 February 2024, provided that all notifications under Article 103(1) of the EEA Agreement have been made.
Impact Analysis
Stakeholders
Iceland and Norway: The texts of the Delegated Regulations are to be published in Icelandic and Norwegian languages in the EEA Supplement to the Official Journal of the European Union.
Suggested Action Items
Legal departments should review the incorporated regulations to understand the specific changes to the thresholds and their implications.
Key Entities Referenced
EEA Joint Committee: The body responsible for managing the EEA Agreement and incorporating relevant EU legislation.
Commission Delegated Regulation (EU) 2023/2495: Amends Directive 2014/24/EU regarding thresholds for public supply, service and works contracts, and design contests.
Commission Delegated Regulation (EU) 2023/2496: Amends Directive 2014/25/EU regarding thresholds for supply, service and works contracts, and design contests.
Commission Delegated Regulation (EU) 2023/2497: Amends Directive 2014/23/EU regarding thresholds for concessions.
Commission Delegated Regulation (EU) 2023/2510: Amends Directive 2009/81/EC regarding thresholds for supply, service and works contracts.
Directive 2014/24/EU: Directive of the European Parliament and of the Council on public procurement.
Directive 2014/25/EU: Directive of the European Parliament and of the Council on procurement by entities operating in the sectors of water, energy, transport and postal services.
Directive 2014/23/EU: Directive of the European Parliament and of the Council on the award of concession contracts.
Directive 2009/81/EC: 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.
EEA Agreement: Agreement on the European Economic Area
Official Journal EN
of the European Union L series
2024/1520 27.6.2024
DECISION OF THE EEA JOINT COMMITTEE No 38/2024
of 2 February 2024
amending Annex XVI (Procurement) to the EEA Agreement [2024/1520]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2023/2495 of 15 November 2023amending 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(1)is to be incorporated into the EEA Agreement.
(2) Commission Delegated Regulation (EU) 2023/2496 of 15 November 2023amending 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(2)is to be incorporated into the EEA Agreement.
(3) Commission Delegated Regulation (EU) 2023/2497 of 15 November 2023amending Directive 2014/23/EU of the
European Parliament and of the Council in respect of the thresholds for concessions(3) is to be incorporated into
the EEA Agreement.
(4) Commission Delegated Regulation (EU) 2023/2510 of 15 November 2023amending Directive 2009/81/EC of the
European Parliament and of the Council in respect of the thresholds for supply, service and works contracts(4)is to
be incorporated into the EEA Agreement.
(5) Annex XVI to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Annex XVI to the EEA Agreement shall be amended as follows:
1. The following indent is added in point 2 (Directive 2014/24/EU of the European Parliament and of the Council):
‘— 32023 R 2495: Commission Delegated Regulation (EU) 2023/2495 of 15 November 2023(OJ L, 2023/2495,
16.11.2023).’
2. The following indent is added in point 4 (Directive 2014/25/EU of the European Parliament and of the Council):
‘— 32023 R 2496: Commission Delegated Regulation (EU) 2023/2496 of 15 November 2023(OJ L, 2023/2496,
16.11.2023).’
3. The following indent is added in point 5c (Directive 2009/81/EC of the European Parliament and of the Council):
‘— 32023 R 2510: Commission Delegated Regulation (EU) 2023/2510 of 15 November 2023(OJ L, 2023/2510,
16.11.2023).’
4. The following indent is added in point 6f (Directive 2014/23/EU of the European Parliament and of the Council):
‘— 32023 R 2497: Commission Delegated Regulation (EU) 2023/2497 of 15 November 2023(OJ L, 2023/2497,
16.11.2023).’
(1) OJ L, 2023/2495, 16.11.2023.
(2) OJ L, 2023/2496, 16.11.2023.
(3) OJ L, 2023/2497, 16.11.2023.
(4) OJ L, 2023/2510, 16.11.2023.
ELI: http://data.europa.eu/eli/dec/2024/1520/oj 1/2EN
OJ L, 27.6.2024
Article 2
The texts of Delegated Regulations (EU) 2023/2495, (EU) 2023/2496, (EU) 2023/2497 and (EU) 2023/2510 in the
Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union,
shall be authentic.
Article 3
This Decision shall enter into force on 3 February 2024, provided that all the notifications under Article 103(1) of the EEA
Agreement have been made(*).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 2 February 2024.
For the EEA Joint Committee
The President
Nicolas VON LINGEN
(*) No constitutional requirements indicated.
2/2 ELI: http://data.europa.eu/eli/dec/2024/1520/oj