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Directive 2004/17/EC of the European Parliament and of the Council (repealed)Show full title

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the procurement procedures of entities operating in the water, energy, transport and postal services sectors (repealed)

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS APPLICABLE TO CONTRACTS AND DESIGN CONTESTS

    1. CHAPTER I Basic terms

      1. Article 1.Definitions

    2. CHAPTER II Definition of the activities and entities covered

      1. Section 1 Entities

        1. Article 2.Contracting entities

      2. Section 2 Activities

        1. Article 3.Gas, heat and electricity

        2. Article 4.Water

        3. Article 5.Transport services

        4. Article 6.Postal services

        5. Article 7.Exploration for, or extraction of, oil, gas, coal or other solid fuels, as well as ports and airports

        6. Article 8.Lists of contracting entities

        7. Article 9.Contracts covering several activities

    3. CHAPTER III General principles

      1. Article 10.Principles of awarding contracts

  3. TITLE II RULES APPLICABLE TO CONTRACTS

    1. CHAPTER I General provisions

      1. Article 11.Economic operators

      2. Article 12.Conditions relating to agreements concluded within the World Trade Organisation

      3. Article 13.Confidentiality

      4. Article 14.Framework agreements

      5. Article 15.Dynamic purchasing systems

    2. CHAPTER II Thresholds and exclusion provisions

      1. Section 1 Thresholds

        1. Article 16.Contract thresholds

        2. Article 17.Methods of calculating the estimated value of contracts, framework agreements and dynamic purchasing systems

      2. Section 2 Contracts and concessions and contracts subject to special arrangements

        1. SUBSECTION 1

          1. Article 18.Works and service concessions

        2. SUBSECTION 2 Exclusions applicable to all contracting entities and to all types of contract

          1. Article 19.Contracts awarded for purposes of resale or lease to third parties

          2. Article 20.Contracts awarded for purposes other than the pursuit of an activity covered or for the pursuit of such an activity in a third country

          3. Article 21.Contracts which are secret or require special security measures

          4. Article 22.Contracts awarded pursuant to international rules

          5. Article 23.Contracts awarded to an affiliated undertaking, to a joint venture or to a contracting entity forming part of a joint venture

        3. SUBSECTION 3 Exclusions applicable to all contracting entities, but to service contracts only

          1. Article 24.Contracts relating to certain services excluded from the scope of this Directive

          2. Article 25.Service contracts awarded on the basis of an exclusive right

        4. SUBSECTION 4 Exclusions applicable to certain contracting entities only

          1. Article 26.Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

        5. SUBSECTION 5 Contracts subject to special arrangements, provisions concerning central purchasing bodies and the general procedure in case of direct exposure to competition

          1. Article 27.Contracts subject to special arrangements

          2. Article 28.Reserved contracts

          3. Article 29.Contracts and framework agreements awarded by central purchasing bodies

          4. Article 30.Procedure for establishing whether a given activity is directly exposed to competition

    3. CHAPTER III Rules applicable to service contracts

      1. Article 31.Service contracts listed in Annex XVII A

      2. Article 32.Service contracts listed in Annex XVII B

      3. Article 33.Mixed service contracts including services listed in Annexes XVII A and services listed in Annex XVII B

    4. CHAPTER IV Specific rules governing specifications and contract documents

      1. Article 34.Technical specifications

      2. Article 35.Communication of technical specifications

      3. Article 36.Variants

      4. Article 37.Subcontracting

      5. Article 38.Conditions for performance of contracts

      6. Article 39.Obligations relating to taxes, environmental protection, employment protection provisions and working conditions

    5. CHAPTER V Procedures

      1. Article 40.Use of open, restricted and negotiated procedures

    6. CHAPTER VI Rules on publication and transparency

      1. Section 1 Publication of notices

        1. Article 41.Periodic indicative notices and notices on the existence of a system of qualification

        2. Article 42.Notices used as a means of calling for competition

        3. Article 43.Contract award notices

        4. Article 44.Form and manner of publication of notices

      2. Section 2 Time limits

        1. Article 45.Time limits for the receipt of requests to participate and for the receipt of tenders

        2. Article 46.Open procedures: specifications, additional documents and information

        3. Article 47.Invitations to submit a tender or to negotiate

      3. Section 3 Communication and information

        1. Article 48.Rules applicable to communication

        2. Article 49.Information to applicants for qualification, candidates and tenderers

        3. Article 50.Information to be stored concerning awards

    7. CHAPTER VII Conduct of the procedure

      1. Article 51.General provisions

      2. Section 1 Qualification and qualitative selection

        1. Article 52.Mutual recognition concerning administrative, technical or financial conditions, and certificates, tests and evidence

        2. Article 53.Qualification systems

        3. Article 54.Criteria for qualitative selection

      3. Section 2 Award of the contract

        1. Article 55.Contract award criteria

        2. Article 56.Use of electronic auctions

        3. Article 57.Abnormally low tenders

      4. Section 3 Tenders comprising products originating in third countries and relations with those countries

        1. Article 58.Tenders comprising products originating in third countries

        2. Article 59.Relations with third countries as regards works, supplies and service contracts

  4. TITLE III RULES GOVERNING SERVICE DESIGN CONTESTS

    1. Article 60.General provision

    2. Article 61.Thresholds

    3. Article 62.Design contests excluded

    4. Article 63.Rules on advertising and transparency

    5. Article 64.Means of communication

    6. Article 65.Rules on the organisation of design contests, the selection of participants and the jury

    7. Article 66.Decisions of the jury

  5. TITLE IV STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS

    1. Article 67.Statistical obligations

    2. Article 68.Committee procedure

    3. Article 69.Revision of the thresholds

    4. Article 70.Amendments

    5. Article 71.Implementation of the Directive

    6. Article 72.Monitoring mechanisms

    7. Article 73.Repeal

    8. Article 74.Entry into force

    9. Article 75.Addressees

    1. ANNEX I

      CONTRACTING ENTITIES IN THE SECTORS OF TRANSPORT OR DISTRIBUTION OF GAS OR HEAT

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    2. ANNEX II

      CONTRACTING ENTITIES IN THE SECTORS OF PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

        1. — BASIC LEGISLATION

        2. — PRODUCTION OF ELECTRICITY

        3. — TRANSPORT OF ELECTRICITY

        4. — DISTRIBUTION OF ELECTRICITY

      13. Finland

      14. Sweden

      15. United Kingdom

    3. ANNEX III

      CONTRACTING ENTITIES IN THE SECTORS OF PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    4. ANNEX IV

      CONTRACTING ENTITIES IN THE FIELD OF RAIL SERVICES

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    5. ANNEX V

      CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS SERVICES

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    6. ANNEX VI

      CONTRACTING ENTITIES IN THE POSTAL SERVICES SECTOR

      1. BELGIUM

      2. DENMARK

      3. GERMANY

      4. GREECE

      5. SPAIN

      6. FRANCE

      7. IRELAND

      8. ITALY

      9. LUXEMBOURG

      10. NETHERLANDS

      11. AUSTRIA

      12. PORTUGAL

      13. FINLAND

      14. SWEDEN

      15. UNITED KINGDOM

    7. ANNEX VII

      CONTRACTING ENTITIES IN THE SECTORS OF EXPLORATION FOR AND EXTRACTION OF OIL OR GAS

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    8. ANNEX VIII

      CONTRACTING ENTITIES IN THE SECTORS OF EXPLORATION FOR AND EXTRACTION OF COAL AND OTHER SOLID FUELS

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    9. ANNEX IX

      CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER TERMINAL FACILITIES

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    10. ANNEX X

      CONTRACTING ENTITIES IN THE FIELD OF AIRPORT INSTALLATIONS

      1. Belgium

      2. Denmark

      3. Germany

      4. Greece

      5. Spain

      6. France

      7. Ireland

      8. Italy

      9. Luxembourg

      10. Netherlands

      11. Austria

      12. Portugal

      13. Finland

      14. Sweden

      15. United Kingdom

    11. ANNEX XI

      LIST OF COMMUNITY LEGISLATION REFERRED TO IN ARTICLE 30(3)

      1. A. TRANSPORT OR DISTRIBUTION OF GAS OR HEAT

      2. B. PRODUCTION, TRANSMISSION OR DISTRIBUTION OF ELECTRICITY

      3. C. PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER

      4. D. CONTRACTING ENTITIES IN THE FIELD OF RAIL SERVICES

      5. E. CONTRACTING ENTITIES IN THE FIELD OF URBAN RAILWAY, TRAMWAY, TROLLEYBUS...

      6. F. CONTRACTING ENTITIES IN THE FIELD OF POSTAL SERVICES

      7. G. EXPLORATION FOR AND EXTRACTION OF OIL OR GAS

      8. H. EXPLORATION FOR AND EXTRACTION OF COAL OR OTHER SOLID FUELS

      9. I. CONTRACTING ENTITIES IN THE FIELD OF SEAPORT OR INLAND PORT...

      10. J. CONTRACTING ENTITIES IN THE FIELD OF AIRPORT INSTALLATIONS

    12. ANNEX XII

      LIST OF ACTIVITIES AS SET OUT IN ARTICLE 1(2), (b)

    13. ANNEX XIII

      INFORMATION TO BE INCLUDED IN CONTRACT NOTICES

      1. A. OPEN PROCEDURES

        1. 1. Name, address, telegraphic address, electronic address, telephone number, telex and...

        2. 2. Where appropriate, state whether the contract is reserved for sheltered workshops...

        3. 3. Nature of the contract (supply, works or service, where appropriate, state...

        4. 4. Place of delivery, site or place of performance of service....

        5. 5. For supplies and works:

        6. 6. For services:

        7. 7. Where known, indication of whether authorisation to submit variants exists or...

        8. 8. Time limits for delivery or completion or duration of service contract...

        9. 9. Address from which the contract documents and additional documents may...

        10. 10. Final date for receipt of tenders or indicative tenders where...

        11. 11. Where applicable, the persons authorised to be present at the opening...

        12. 12. Where applicable, any deposits and guarantees required.

        13. 13. Main terms concerning financing and payment and/or references to the...

        14. 14. Where appropriate, the legal form to be taken by the grouping...

        15. 15. Minimum economic and technical conditions required of the economic operator...

        16. 16. Period during which the tenderer is bound to keep open...

        17. 17. Where appropriate, particular conditions to which performance of the contract...

        18. 18. Criteria referred to in Article 55 to be used for award...

        19. 19. Where appropriate, the reference to publication in the Official Journal of...

        20. 20. Name and address of the body responsible for appeal and,...

        21. 21. Date of dispatch of the notice by the contracting entity....

        22. 22. Date of receipt of the notice by the Office for...

        23. 23. Any other relevant information.

      2. B. RESTRICTED PROCEDURES

        1. 1. Name, address, telegraphic address, electronic address, telephone number, telex and fax number...

        2. 2. Where appropriate, state whether the contract is reserved for sheltered workshops...

        3. 3. Nature of the contract (supplies, works or services; where appropriate, state...

        4. 4. Place of delivery, site or place of performance of service....

        5. 5. For supplies and works:

        6. 6. For services:

        7. 7. Where known, indication of whether authorisation to submit variants exists or...

        8. 8. Time limits for delivery or completion or duration of service contract...

        9. 9. Where appropriate, the legal form to be taken by the grouping...

        10. 10. Final date for receipt of requests to participate; Address to...

        11. 11. Final date for dispatch of invitations to tender.

        12. 12. Where applicable, any deposits and guarantees required.

        13. 13. Main terms concerning financing and payment and/or references to the...

        14. 14. Information concerning the economic operator's position and the minimum economic...

        15. 15. Criteria referred to in Article 55 to be used for award...

        16. 16. Where appropriate, particular conditions to which performance of the contract is subject....

        17. 17. Where appropriate, the reference to publication in the Official Journal of...

        18. 18. Name and address of the body responsible for appeal and,...

        19. 19. Date of dispatch of the notice by the contracting entities....

        20. 20. Date of receipt of the notice by the Office for...

        21. 21. Any other relevant information.

      3. C. NEGOTIATED PROCEDURES

        1. 1. Name, address, telegraphic address, electronic address, telephone number, telex and...

        2. 2. Where appropriate, state whether the contract is reserved for sheltered workshops...

        3. 3. Nature of the contract (supplies, works or services; where appropriate,...

        4. 4. Place of delivery, site or place of performance of service....

        5. 5. For supplies and works:

        6. 6. For services:

        7. 7. Where known, indication of whether authorisation to submit variants exists or...

        8. 8. Time limits for delivery or completion or duration of service...

        9. 9. Where appropriate, the legal form to be taken by the grouping...

        10. 10. Final date for receipt of requests to participate; Address to...

        11. 11. Where appropriate, any deposits and guarantees required.

        12. 12. Main terms concerning financing and payment and/or references to the...

        13. 13. Information concerning the economic operator's position and the minimum economic...

        14. 14. Criteria referred to in Article 55 to be used for award...

        15. 15. Where appropriate, the names and addresses of the economic operators already...

        16. 16. Where applicable, date(s) of previous publications in the Official Journal of...

        17. 17. Where appropriate, particular conditions to which performance of the contract is...

        18. 18. Where appropriate, the reference to publication in the Official Journal of...

        19. 19. Name and address of the body responsible for appeal and,...

        20. 20. Date of dispatch of the notice by the contracting entity....

        21. 21. Date of receipt of the notice by the Office for...

        22. 22. Any other relevant information.

      4. D. SIMPLIFIED CONTRACT NOTICE FOR USE IN A DYNAMIC PURCHASING SYSTEM...

        1. 1. Country of contracting entity.

        2. 2. Name and e-mail address of contracting entity.

        3. 3. Publication reference of the contract notice on the dynamic purchasing...

        4. 4. E-mail address at which the contract documents and additional documents...

        5. 5. Subject-matter of contract: description by reference number(s) of CPV nomenclature and...

        6. 6. Timeframe for submitting indicative tenders.

    14. ANNEX XIV

      INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM

      1. 1. Name, address, telegraphic address, electronic address, telephone number, telex and...

      2. 2. Where appropriate, state whether the contract is reserved for sheltered workshops...

      3. 3. Purpose of the qualification system (description of the goods, services...

      4. 4. Conditions to be fulfilled by the economic operators in view...

      5. 5. Period of validity of the qualification system and the formalities...

      6. 6. Reference to the fact that the notice acts as the...

      7. 7. Address where further information and documentation concerning the qualification system...

      8. 8. Name and address of the body responsible for appeal and,...

      9. 9. Where known, criteria referred to in Article 55 to be used for...

      10. 10. Any other relevant information.

    15. ANNEX XV A

      A INFORMATION TO BE INCLUDED IN THE PERIODIC INDICATIVE NOTICE

      1. I. HEADINGS TO BE COMPLETED IN ALL CASES

        1. 1. Name, address, telegraphic address, electronic address, telephone number, telex and...

        2. 2. For supply contracts: nature and quantity or value of the services...

        3. 3. Date of dispatch of the notice or of dispatch of...

        4. 4. Date of receipt of the notice by the Office for...

        5. 5. Any other relevant information.

      2. II. INFORMATION WHICH SHOULD BE SUPPLIED WHERE THE NOTICE IS USED...

        1. 6. A reference to the fact that interested suppliers should advise...

        2. 7. Where appropriate, state whether the contract is reserved for sheltered workshops...

        3. 8. Time limit for the receipt of applications for an invitation...

        4. 9. Nature and quantity of the goods to be supplied or...

        5. 10. State whether purchase, lease, rental or hire-purchase or any combination...

        6. 11. Time limits for delivery or completion or duration of service...

        7. 12. Address to which interested undertakings should send their expressions of...

        8. 13. Economic and technical conditions, and financial and technical guarantees required...

        9. 14. Estimated date for initiating the award procedures in respect of...

        10. 15. Where appropriate, particular conditions to which performance of the contract is...

        11. 16. Name and address of the body responsible for appeal and,...

        12. 17. Where known, criteria referred to in Article 55 to be used for...

    16. ANNEX XV B

      INFORMATION TO BE INCLUDED IN NOTICES OF PUBLICATION OF A PERIODIC INDICATIVE NOTICE ON A BUYER PROFILE NOT USED AS A MEANS OF CALLING FOR COMPETITION

      1. 1. Country of the contracting entity.

      2. 2. Name of the contracting entity.

      3. 3. Internet address of the ‘buyer profile’ (URL).

      4. 4. CPV Nomenclature reference No(s).

    17. ANNEX XVI

      INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE

      1. I. Information for publication in the Official Journal of the European...

        1. 1. Name and address of the contracting entity.

        2. 2. Nature of the contract (supplies, works or services and Nomenclature...

        3. 3. At least a summary indication of the nature and quantity of...

        4. 4. Form of the call for competition (notice on the existence...

        5. 5. Award procedure (open, restricted or negotiated).

        6. 6. Number of tenders received.

        7. 7. Date of award of the contract.

        8. 8. Price paid for bargain purchases pursuant to Article 40(3)(j).

        9. 9. Name and address of the economic operator(s).

        10. 10. State, where appropriate, whether the contract has been, or may be,...

        11. 11. Price paid or the prices of the highest and lowest...

        12. 12. Name and address of the body responsible for the appeal...

        13. 13. Optional information:

      2. II. Information not intended for publication

        1. 14. Number of contracts awarded (where an award has been split...

        2. 15. Value of each contract awarded.

        3. 16. Country of origin of the product or service (Community origin...

        4. 17. Which award criteria were used (most economically advantageous; lowest price)?...

        5. 18. Was the contract awarded to a tenderer who submitted a...

        6. 19. Were any tenders excluded on the grounds that they were...

        7. 20. Date of transmission of the notice by the contracting entity....

        8. 21. In the case of contracts for services listed in Annex XVII B,...

    18. ANNEX XVII A

      SERVICES WITHIN THE MEANING OF ARTICLE 31

    19. ANNEX XVII B

      SERVICES WITHIN THE MEANING OF ARTICLE 32

    20. ANNEX XVIII

      INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE

      1. 1. Name, address, electronic address telephone, telex and fax numbers of...

      2. 2. Project description (nomenclature reference No(s)).

      3. 3. Nature of the contest: open or restricted.

      4. 4. In the case of open contests: final date for receipt...

      5. 5. In the case of restricted contests:

      6. 6. Where applicable, indication of whether participation is reserved to a...

      7. 7. Criteria to be applied in the evaluation of projects.

      8. 8. Where applicable, names of the selected members of the jury....

      9. 9. Indication of whether the decision of the jury is binding...

      10. 10. Where applicable, number and value of prizes.

      11. 11. Where applicable, details of payments to all participants.

      12. 12. Indication of whether the prize-winners are permitted any follow-up contracts....

      13. 13. Name and address of the body responsible for the appeal...

      14. 14. Date of dispatch of the notice.

      15. 15. Date of receipt of the notice by the Office for...

      16. 16. Any other relevant information

    21. ANNEX XIX

      INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES

      1. 1. Name, address, telegraphic address and telephone, telex and fax numbers...

      2. 2. Project description (nomenclature reference No(s)).

      3. 3. Total number of participants.

      4. 4. Number of foreign participants.

      5. 5. Winner(s) of the contest.

      6. 6. Where applicable, the prize(s).

      7. 7. Other information.

      8. 8. Reference of the design contest notice.

      9. 9. Name and address of the body responsible for the appeal...

      10. 10. Date of dispatch of the notice.

      11. 11. Date of receipt of the notice by the Office for...

    22. ANNEX XX

      FEATURES CONCERNING PUBLICATION

      1. 1. Publication of notices

      2. 2. Publication of complementary or additional information

      3. 3. Format and procedures for the electronic transmission of notices

    23. ANNEX XXI

      DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

      1. For the purposes of this Directive,

      2. ‘Technical specification’, in the case of service or supply contracts,...

    24. ANNEX XXII

      SUMMARY TABLE OF THE TIME-LIMITS LAID DOWN IN ARTICLE 45

    25. ANNEX XXIII

      INTERNATIONAL LABOUR LAW PROVISIONS WITHIN THE MEANING OF ARTICLE 59(4)

      1. Convention 87 on Freedom of Association and the Protection of...

    26. ANNEX XXIV

      REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS

      1. Devices for the electronic receipt of tenders, requests to participate,...

      2. electronic signatures relating to tenders, requests to participate and applications...

    27. ANNEX XXV

      TIME LIMITS FOR TRANSPOSITION AND IMPLEMENTATION

    28. ANNEX XXVI

      CORRELATION TABLE

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