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Directive 2004/18/EC

as it stood on 2005-10-21, permalink: /eu-eurlex/32004l0018/2005-10-21

2004-03-312016-04-18

16 versions · click any mark to read the law as it stood that day · the one you are reading

Point-in-time view as at 2005-10-21. This version has been superseded, it applied 2005-10-21 → 2005-12-31. Jump to the version in force today or see exactly what changed next.
Text included, per-article reading view. Deterministic extraction of the verbatim retrieved document; each article carries its own hash and anchor. © European Union, 1998-2026. Reuse permitted with attribution under Commission Decision 2011/833/EU. Consolidated texts have no legal effect; only acts published in the Official Journal are authentic.
Outline, 124 provisions

Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Article 51 Article 52 Article 53 Article 54 Article 55 Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Article 68 Article 69 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77 Article 78 Article 79 Article 80 Article 81 Article 82 Article 83 Article 84 ANNEX I LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 1(2), POINT (b) (27) ANNEX II SERVICES REFERRED TO IN ARTICLE 1(2)(d) ANNEX II A (28) ANNEX II B ANNEX III LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW AS REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 1(9) ANNEX IV CENTRAL GOVERNMENT AUTHORITIES (29) ANNEX V LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE (30) ANNEX VI DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS ANNEX VII INFORMATION TO BE INCLUDED IN NOTICES *ANNEX VII A* INFORMATION WHICH MUST BE INCLUDED IN PUBLIC CONTRACT NOTICES ANNEX VII B INFORMATION WHICH MUST APPEAR IN PUBLIC WORKS CONCESSION NOTICES ANNEX VII C INFORMATION WHICH MUST APPEAR IN WORKS CONTRACT NOTICES OF CONCESSIONNAIRES WHO ARE NOT CONTRACTING AUTHORITIES ANNEX VII D INFORMATION WHICH MUST APPEAR IN DESIGN CONTEST NOTICES ANNEX VIII FEATURES CONCERNING PUBLICATION ANNEX IX REGISTERS ANNEX IX A (31) PUBLIC WORKS CONTRACTS ANNEX IX B PUBLIC SUPPLY CONTRACTS ANNEX IX C PUBLIC SERVICE CONTRACTS ANNEX X REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AND PLANS AND PROJECTS IN CONTESTS ANNEX XI DEADLINES FOR TRANSPOSITION AND APPLICATION (Article 80) ANNEX XII CORRELATION TABLE (32)

TITLE I / DEFINITIONS AND GENERAL PRINCIPLES

Article 1, Definitions #art_1
Article 2, Principles of awarding contracts #art_2
Article 3, Granting of special or exclusive rights: non-discrimination clause #art_3

CHAPTER I / General provisions

Article 4, Economic operators #art_4
Article 5, Conditions relating to agreements concluded within the World Trade Organisation #art_5
Article 6, Confidentiality #art_6

Section 1 / Thresholds

Article 7, Threshold amounts for public contracts #art_7
Article 8, Contracts subsidised by more than 50 % by contracting authorities #art_8
Article 9, Methods for calculating the estimated value of public contracts, framework agreements and dynamic purchasing systems #art_9

Section 2 / Specific situations

Article 10, Defence procurement #art_10
Article 11, Public contracts and framework agreements awarded by central purchasing bodies #art_11

Section 3 / Excluded contracts

Article 12, Contracts in the water, energy, transport and postal services sectors #art_12
Article 13, Specific exclusions in the field of telecommunications #art_13
Article 14, Secret contracts and contracts requiring special security measures #art_14
Article 15, Contracts awarded pursuant to international rules #art_15
Article 16, Specific exclusions #art_16
Article 17, Service concessions #art_17
Article 18, Service contracts awarded on the basis of an exclusive right #art_18

Section 4 / Special arrangement

Article 19, Reserved contracts #art_19

CHAPTER III / Arrangements for public service contracts

Article 20, Service contracts listed in Annex II A #art_20
Article 21, Service contracts listed in Annex II B #art_21
Article 22, Mixed contracts including services listed in Annex II A and services listed in Annex II B #art_22

CHAPTER IV / Specific rules governing specifications and contract documents

Article 23, Technical specifications #art_23
Article 24, Variants #art_24
Article 25, Subcontracting #art_25
Article 26, Conditions for performance of contracts #art_26
Article 27, Obligations relating to taxes, environmental protection, employment protection provisions and working conditions #art_27

CHAPTER V / Procedures

Article 28, Use of open, restricted and negotiated procedures and of competitive dialogue #art_28
Article 29, Competitive dialogue #art_29
Article 30, Cases justifying use of the negotiated procedure with prior publication of a contract notice #art_30
Article 31, Cases justifying use of the negotiated procedure without publication of a contract notice #art_31
Article 32, Framework agreements #art_32
Article 33, Dynamic purchasing systems #art_33
Article 34, Public works contracts: particular rules on subsidised housing schemes #art_34

Section 1 / Publication of notices

Article 35, Notices #art_35
Article 36, Form and manner of publication of notices #art_36
Article 37, Non-mandatory publication #art_37

Section 2 / Time limits

Article 38, Time limits for receipt of requests to participate and for receipt of tenders #art_38
Article 39, Open procedures: Specifications, additional documents and information #art_39

Section 3 / Information content and means of transmission

Article 40, Invitations to submit a tender, participate in the dialogue or negotiate #art_40
Article 41, Informing candidates and tenderers #art_41

Section 4 / Communication

Article 42, Rules applicable to communication #art_42

Section 5 / Reports

Article 43, Content of reports #art_43

Section 1 / General provisions

Article 44, Verification of the suitability and choice of participants and award of contracts #art_44

Section 2 / Criteria for qualitative selection

Article 45, Personal situation of the candidate or tenderer #art_45
Article 46, Suitability to pursue the professional activity #art_46
Article 47, Economic and financial standing #art_47
Article 48, Technical and/or professional ability #art_48
Article 49, Quality assurance standards #art_49
Article 50, Environmental management standards #art_50
Article 51, Additional documentation and information #art_51
Article 52, Official lists of approved economic operators and certification by bodies established under public or private law #art_52

Section 3 / Award of the contract

Article 53, Contract award criteria #art_53
Article 54, Use of electronic auctions #art_54
Article 55, Abnormally low tenders #art_55

CHAPTER I / Rules governing public works concessions

Article 56, Scope #art_56
Article 57, Exclusions from the scope #art_57
Article 58, Publication of the notice concerning public works concessions #art_58
Article 59, Time limit #art_59
Article 60, Subcontracting #art_60
Article 61, Awarding of additional works to the concessionaire #art_61

CHAPTER II / Rules on contracts awarded by concessionaires which are contracting authorities

Article 62, Applicable rules #art_62

CHAPTER III / Rules applicable to contracts awarded by concessionaires which are not contracting authorities

Article 63, Advertising rules: threshold and exceptions #art_63
Article 64, Publication of the notice #art_64
Article 65, Time limit for the receipt of requests to participate and receipt of tenders #art_65

TITLE IV / RULES GOVERNING DESIGN CONTESTS

Article 66, General provisions #art_66
Article 67, Scope #art_67
Article 68, Exclusions from the scope #art_68
Article 69, Notices #art_69
Article 70, Form and manner of publication of notices of contests #art_70
Article 71, Means of communication #art_71
Article 72, Selection of competitors #art_72
Article 73, Composition of the jury #art_73
Article 74, Decisions of the jury #art_74

TITLE V / STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS

Article 75, Statistical obligations #art_75
Article 76, Content of statistical report #art_76
Article 77, Advisory Committee #art_77
Article 78, Revision of the thresholds #art_78
Article 79, Amendments #art_79
Article 80, Implementation #art_80
Article 81, Monitoring mechanisms #art_81
Article 82, Repeals #art_82
Article 83, Entry into force #art_83
Article 84, Addressees #art_84
ANNEX I #anx_i
LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 1(2), POINT (b) (27) #list_of_the_activities_referred_to_in_article_1_2_point_b_27
ANNEX II #anx_ii
SERVICES REFERRED TO IN ARTICLE 1(2)(d) #services_referred_to_in_article_1_2_d
ANNEX II A (28) #anx_ii_a_28
ANNEX II B #anx_ii_b
ANNEX III #anx_iii
LIST OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW AS REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 1(9) #list_of_bodies_and_categories_of_bodies_governed_by_public_law_as_referred_to_in_the_second_subparagraph_of_article_1_9
ANNEX IV #anx_iv
CENTRAL GOVERNMENT AUTHORITIES (29) #central_government_authorities_29
ANNEX V #anx_v
LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE (30) #list_of_products_referred_to_in_article_7_with_regard_to_contracts_awarded_by_contracting_authorities_in_the_field_of_defence_30
ANNEX VI #anx_vi
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS #definition_of_certain_technical_specifications
ANNEX VII #anx_vii
INFORMATION TO BE INCLUDED IN NOTICES #information_to_be_included_in_notices
*ANNEX VII A* #anx_vii_a
INFORMATION WHICH MUST BE INCLUDED IN PUBLIC CONTRACT NOTICES #information_which_must_be_included_in_public_contract_notices
ANNEX VII B #anx_vii_b
INFORMATION WHICH MUST APPEAR IN PUBLIC WORKS CONCESSION NOTICES #information_which_must_appear_in_public_works_concession_notices
ANNEX VII C #anx_vii_c
INFORMATION WHICH MUST APPEAR IN WORKS CONTRACT NOTICES OF CONCESSIONNAIRES WHO ARE NOT CONTRACTING AUTHORITIES #information_which_must_appear_in_works_contract_notices_of_concessionnaires_who_are_not_contracting_authorities
ANNEX VII D #anx_vii_d
INFORMATION WHICH MUST APPEAR IN DESIGN CONTEST NOTICES #information_which_must_appear_in_design_contest_notices
ANNEX VIII #anx_viii
FEATURES CONCERNING PUBLICATION #features_concerning_publication
ANNEX IX #anx_ix
REGISTERS #registers
ANNEX IX A (31) #anx_ix_a_31
PUBLIC WORKS CONTRACTS #public_works_contracts
ANNEX IX B #anx_ix_b
PUBLIC SUPPLY CONTRACTS #public_supply_contracts
ANNEX IX C #anx_ix_c
PUBLIC SERVICE CONTRACTS #public_service_contracts
ANNEX X #anx_x
REQUIREMENTS RELATING TO DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AND PLANS AND PROJECTS IN CONTESTS #requirements_relating_to_devices_for_the_electronic_receipt_of_tenders_requests_for_participation_and_plans_and_projects_in_contests
ANNEX XI #anx_xi
DEADLINES FOR TRANSPOSITION AND APPLICATION (Article 80) #deadlines_for_transposition_and_application_article_80
ANNEX XII #anx_xii
CORRELATION TABLE (32) #correlation_table_32
Provenance and validity dates, identifier, hash
as of2005-10-21 → this version applied
valid2005-10-21 → 2005-12-31 publisher-asserted
typeDIR Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
languageen
published2005-10-21
lex_ideu-eurlex:32004l0018:2005-10-21
record sha25609589fc71916757c2f2fcc80069234a2fbaf7101706cb51ea7219ecd905f2615
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