What changed, Directive 2009/81/EC

− 4. ‘Supply contracts’ means contracts other than works contracts having as their object the purchase, lease, rental or hire-purchase, with or without the option to buy, of products.
− A contract having as its object the supply of products and which also covers, as an incidental matter, siting and installation operations shall be considered to be a ‘supply contract’;
− 5. ‘Service contracts’ means contracts other than works or supply contracts having as their object the provision of services.
− A contract having as its object both products and services shall be considered to be a ‘service contract’ if the value of the services in question exceeds that of the products covered by the contract.
− A contract having as its object services and including activities mentioned in Division 45 of the CPV that are only incidental to the principal object of the contract shall be considered to be a service contract;
− 12. ‘Electronic auction’ means a repetitive process involving an electronic device for the presentation of new prices, revised downwards, and/or new values concerning certain elements of tenders, which occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic…
− Consequently, certain service contracts and certain works contracts having as their subject-matter intellectual performances, such as the design of works, may not be the object of electronic auctions;
− 18. ‘Central purchasing body’ means a contracting authority/entity as referred to in Article 1(9) of Directive 2004/18/EC and Article 2(1)(a) of Directive 2004/17/EC, or a European public body, which:
− — acquires supplies and/or services intended for contracting authorities/entities, or,
− — awards contracts or concludes framework agreements for works, supplies or services intended for contracting authorities/entities,
− 21. ‘Competitive dialogue’ means a procedure in which any economic operator may ask to participate and whereby the contracting authority/entity conducts a dialogue with the candidates admitted to that procedure with the aim of developing one or more suitable alternatives capable of meeting its requi…
− For the purposes of recourse to the procedure referred to in the first subparagraph, a contract is considered to be ‘particularly complex’ where the contracting authority/entity is not objectively able:
− — to define the technical means in accordance with Article 18(3)(b), (c) or (d), capable of satisfying its needs or objectives, and/or,
− — to specify the legal and/or financial make-up of a project,
− 23. ‘Related undertaking’ means any undertaking over which the successful tenderer can exert a dominant influence, whether directly or indirectly, or any undertaking which can exert a dominant influence on the successful tenderer or which, as the successful tenderer, is subject to the dominant influ…
− — holds a majority of the undertaking’s subscribed capital,
− — controls a majority of the votes attached to the shares issued by the undertaking, or,
− — is entitled to appoint more than half of the undertaking’s administrative, management or supervisory bodies,
− (a) ►M6 EUR 443 000 ** ◄ ** for supply and service contracts;
− (b) ►M6 EUR 5 548 000 ** ◄ ** for works contracts.
− (a) Where a proposed work or purchase of services may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots.
− Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 8, this Directive shall apply to the awarding of each lot.
− However, the contracting authorities/entities may waive such application in respect of lots the estimated value of which, net of VAT, is less than EUR 80 000 for services or EUR 1 000 000 for works, provided that the aggregate value of those lots does not exceed 20 % of the aggregate value of the lo…
− (b) Where a proposal for the acquisition of similar supplies may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots when applying Article 8(a) and (b).
− Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 8, this Directive shall apply to the awarding of each lot.
− However, the contracting authorities/entities may waive such application in respect of lots the estimated value of which, net of VAT, is less than EUR 80 000 , provided that the aggregate cost of those lots does not exceed 20 % of the aggregate value of the lots as a whole.
− (a) for the following services:
− (i) insurance services: the premium payable and other forms of remuneration;
− (ii) design contracts: fees, commission payable and other forms of remuneration;
− (b) for service contracts which do not indicate a total price:
+ 4. ‘Supply contracts’ means contracts other than works contracts having as their object the purchase, lease, rental or hire-purchase, with or without the option to buy, of products. A contract having as its object the supply of products and which also covers, as an incidental matter, siting and inst…
+ 5. ‘Service contracts’ means contracts other than works or supply contracts having as their object the provision of services. A contract having as its object both products and services shall be considered to be a ‘service contract’ if the value of the services in question exceeds that of the product…
+ 12. ‘Electronic auction’ means a repetitive process involving an electronic device for the presentation of new prices, revised downwards, and/or new values concerning certain elements of tenders, which occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic…
+ 18. ‘Central purchasing body’ means a contracting authority/entity as referred to in Article 1(9) of Directive 2004/18/EC and Article 2(1)(a) of Directive 2004/17/EC, or a European public body, which: — acquires supplies and/or services intended for contracting authorities/entities, or, — awards con…
+ 21. ‘Competitive dialogue’ means a procedure in which any economic operator may ask to participate and whereby the contracting authority/entity conducts a dialogue with the candidates admitted to that procedure with the aim of developing one or more suitable alternatives capable of meeting its requi…
+ 23. ‘Related undertaking’ means any undertaking over which the successful tenderer can exert a dominant influence, whether directly or indirectly, or any undertaking which can exert a dominant influence on the successful tenderer or which, as the successful tenderer, is subject to the dominant influ…
+ (a) ►M8 EUR 428 000 ** ◄ ** for supply and service contracts;
+ (b) ►M8 EUR 5 350 000 ** ◄ ** for works contracts.
+ (a) Where a proposed work or purchase of services may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots. Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article…
+ (b) Where a proposal for the acquisition of similar supplies may result in contracts being awarded at the same time in the form of separate lots, account shall be taken of the total estimated value of all such lots when applying Article 8(a) and (b). Where the aggregate value of the lots is equal to…
+ (a) for the following services: (i) insurance services: the premium payable and other forms of remuneration; (ii) design contracts: fees, commission payable and other forms of remuneration;
+ (b) for service contracts which do not indicate a total price: (i) in the case of fixed-term contracts, where that term is less than or equal to 48 months: the total value for their full term; (ii) in the case of contracts without a fixed term or with a term greater than 48 months: the monthly value…
+ (f) contracts awarded by a government to another government relating to: (i) the supply of military equipment or sensitive equipment, (ii) works and services directly linked to such equipment, or (iii) works and services specifically for military purposes, or sensitive works and sensitive services;
+ (a) either by reference to technical specifications defined in Annex III and, in order of preference, to: — national civil standards transposing European standards, — European technical approvals, — common civil technical specifications, — national civil standards transposing international standards…
+ (b) or in terms of performance or functional requirements; the latter may include environmental characteristics. However, such parameters must be sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities/entities to award the contrac…
+ (1) for works contracts, supply contracts and service contracts: (a) when no tenders or no suitable tenders or no applications have been submitted in response to a restricted procedure, a negotiated procedure with prior publication of a contract notice or a competitive dialogue, provided that the in…
+ (2) for service contracts and supply contracts: (a) for research and development services other than those referred to in Article 13; (b) for products manufactured purely for the purpose of research and development, with the exception of quantity production to establish commercial viability or recov…
+ (3) for supply contracts: (a) for additional deliveries by the original supplier which are intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority/entity t…
+ (4) for works contracts and service contracts: (a) for additional works or services not included in the project initially considered or in the original contract but which have, through unforeseen circumstances, become necessary for the performance of the works or services described therein, on condi…
+ — where not all the terms are laid down in the framework agreement, when the parties are again in competition on the basis of the same and, if necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the contract documents of the framework agreement, in accordan…
+ (a) where supplies are concerned, the estimated total value of the contracts or the framework agreements by product area which they intend to award over the following 12 months. The product area shall be established by the contracting authorities/entities by reference to the CPV nomenclature;
+ (a) (i) a list of the works carried out over the past five years, accompanied by certificates of satisfactory execution for the most important works. These certificates shall indicate the value, date and location of the works and shall specify whether they were carried out according to the rules of …
+ (i) with regard to the products to be supplied, provision of: (i) samples, descriptions and/or photographs, the authenticity of which must be certified if the contracting authority/entity so requests; (ii) certificates drawn up by official quality control institutes or agencies of recognised compete…
+ (j) in the case of contracts involving, entailing and/or containing classified information, evidence of the ability to process, store and transmit such information at the level of protection required by the contracting authority/entity. In the absence of harmonisation at Community level of national …
+ (c) in the case of a contract based on a framework agreement as provided for in Article 29. If this derogation is invoked, Member States shall ensure that the contract is ineffective in accordance with Articles 60 and 62 where: — there is an infringement of the second indent of the second subparagra…
+ — Official Journal of the European Union
+ — Official Journal of the European Union
+ (a) before the expiry of at least 30 calendar days with effect from the day following the date on which: — Official Journal of the European Union — the contracting authority/entity informed the tenderers and candidates concerned of the conclusion of the contract, provided that this information conta…
+ 1. (a) ‘Technical specifications’, in the case of works contracts: the totality of the technical prescriptions contained in particular in the tender documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a…
+ 2. ‘Standard’: a technical specification approved by a recognised standardisation body for repeated or continuous application, compliance with which is not compulsory, from one of the following categories: — international standard: a standard adopted by an international standards organisation and ma…