Commission Delegated Regulation (EU) 2019/1829

of 30 October 2019

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/EC1, and in particular the second subparagraph of Article 17(4) thereof,

Whereas:

(1)
By Decision 2014/115/EU2, the Council approved the Protocol amending the Agreement on Government Procurement3 (‘the Agreement’) concluded in the framework of the World Trade Organization. The Agreement is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. It applies to any procurement contract with a value that reaches or exceeds the amounts (‘thresholds’) set in it 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. In accordance with Article 17(1) of Directive 2014/25/EU, every two years the Commission is to verify that the thresholds for contracts and design contests set out in points (a) and (b) of Article 15 of that Directive correspond to the thresholds established in the Agreement. Given that the value of the thresholds calculated in accordance with Article 17(1) of Directive 2014/25/EU is different from the value of the thresholds set out in points (a) and (b) of Article 15 of that Directive, it is necessary to revise these thresholds.

(3)

Directive 2014/25/EU should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION: