Council of the European Union and European Parliament 26 February 2014, 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/EC Text with EEA relevance

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European Union · · · Cited by 2,348 · 26-02-2014

TITLE I. SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I. Subject-matter and definitions
Article 1. Subject matter and scope
Article 2. Definitions
Article 3. Contracting authorities
Article 4. Contracting entities
Article 5. Mixed procurement covering the same activity
Article 6. Procurement covering several activities
CHAPTER II. Activities
Article 7. Common provisions
Article 8. Gas and heat
Article 9. Electricity
Article 10. Water
Article 11. Transport services
Article 12. Ports and airports
Article 13. Postal services
Article 14. Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
CHAPTER III. Material scope
Section 1. Thresholds
Article 15. Threshold amounts
Article 16. Methods for calculating the estimated value of procurement
Article 17. Revision of the thresholds
Section 2. Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
Subsection 1. Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors
Article 18. Contracts awarded for purposes of resale or lease to third parties
Article 19. Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country
Article 20. Contracts awarded and design contests organised pursuant to international rules
Article 21. Specific exclusions for service contracts
Article 22. Service contracts awarded on the basis of an exclusive right
Article 23. 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
Subsection 2. Procurement involving defence and security aspects
Article 24. Defence and security
Article 25. Mixed procurement covering the same activity and involving defence or security aspects
Article 26. Procurement covering several activities and involving defence or security aspects
Article 27. Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
Subsection 3. Special relations (cooperation, affiliated undertakings and joint ventures)
Article 28. Contracts between contracting authorities
Article 29. Contracts awarded to an affiliated undertaking
Article 30. Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
Article 31. Notification of information
Subsection 4. Specific situations
Article 32. Research and development services
Article 33. Contracts subject to special arrangements
Subsection 5. Activities directly exposed to competition and procedural provisions relating thereto
Article 34. Activities directly exposed to competition
Article 35. Procedure for establishing whether Article 34 is applicable
CHAPTER IV. General principles
Article 36. Principles of procurement
Article 37. Economic operators
Article 38. Reserved contracts
Article 39. Confidentiality
Article 40. Rules applicable to communication
Article 41. Nomenclatures
Article 42. Conflicts of interest
TITLE II. RULES APPLICABLE TO CONTRACTS
CHAPTER I. Procedures
Article 43. Conditions relating to the GPA and other international agreements
Article 44. Choice of procedures
Article 45. Open procedure
Article 46. Restricted procedure
Article 47. Negotiated procedure with prior call for competition
Article 48. Competitive dialogue
Article 49. Innovation partnership
Article 50. Use of the negotiated procedure without prior call for competition
CHAPTER II. Techniques and instruments for electronic and aggregated procurement
Article 51. Framework agreements
Article 52. Dynamic purchasing systems
Article 53. Electronic auctions
Article 54. Electronic catalogues
Article 55. Centralised purchasing activities and central purchasing bodies
Article 56. Occasional joint procurement
Article 57. Procurement involving contracting entities from different Member States
CHAPTER III. Conduct of the procedure
Section 1. Preparation
Article 58. Preliminary market consultations
Article 59. Prior involvement of candidates or tenderers
Article 60. Technical specifications
Article 61. Labels
Article 62. Test reports, certification and other means of proof
Article 63. Communication of technical specifications
Article 64. Variants
Article 65. Division of contracts into lots
Article 66. Setting time limits
Section 2. Publication and Transparency
Article 67. Periodic indicative notices
Article 68. Notices on the existence of a qualification system
Article 69. Contract notices
Article 70. Contract award notices
Article 71. Form and manner of publication of notices
Article 72. Publication at national level
Article 73. Electronic availability of procurement documents
Article 74. Invitations to candidates
Article 75. Informing applicants for qualification, candidates and tenderers
Section 3. Choice of participants and award of contracts
Article 76. General principles
Subsection 1. Qualification and qualitative selection
Article 77. Qualification systems
Article 78. Criteria for qualitative selection
Article 79. Reliance on the capacities of other entities
Article 80. Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
Article 81. Quality assurance standards and environmental management standards
Subsection 2. Award of the contract
Article 82. Contract award criteria
Article 83. Life-cycle costing
Article 84. Abnormally low tenders
Section 4. Tenders comprising products originating in third countries and relations with those countries
Article 85. Tenders comprising products originating in third countries
Article 86. Relations with third countries as regards works, supplies and service contracts
CHAPTER IV. Contract performance
Article 87. Conditions for performance of contracts
Article 88. Subcontracting
Article 89. Modification of contracts during their term
Article 90. Termination of contracts
TITLE III. PARTICULAR PROCUREMENT REGIMES
CHAPTER I. Social and other specific services
Article 91. Award of contracts for social and other specific services
Article 92. Publication of notices
Article 93. Principles of awarding contracts
Article 94. Reserved contracts for certain services
CHAPTER II. Rules governing design contests
Article 95. Scope
Article 96. Notices
Article 97. Rules on the organisation of design contests, the selection of participants and the jury
Article 98. Decisions of the jury
TITLE IV. GOVERNANCE
Article 99. Enforcement
Article 100. Individual reports on procedures for the award of contracts
Article 101. National reporting and statistical information
Article 102. Administrative cooperation
TITLE V. DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Article 103. Exercise of the delegation
Article 104. Urgency procedure
Article 105. Committee procedure
Article 106. Transposition and transitional provisions
Article 107. Repeal
Article 108. Review
Article 109. Entry into force
Article 110. Addressees
ANNEX I. LIST OF ACTIVITIES AS SET OUT IN POINT (A) OF POINT 2 OF ARTICLE 2

28.3.2014

Official Journal of the European Union

L 94/243

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/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having

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