Delegated regulation 2021/1950 - Amendment of Directive 2009/81/EC in respect of the thresholds for supply, service and works contracts - Main contents

EN

Official Journal of the European Union

L 398/19

By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) concluded in the framework of the World Trade Organization. The amended Agreement on Government Procurement (‘the Agreement’) is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. The Agreement applies to any procurement contract with a value that reaches or exceeds the amounts set therein (‘thresholds’) expressed as special drawing rights.

One of the objectives of Directive 2014/25/EU of the European Parliament and of the Council (4) is to allow the contracting entities and the contracting authorities, which apply that Directive, to comply at the same time with the obligations laid down in the Agreement. In accordance with Article 17 of Directive 2014/25/EU every 2 years the Commission is to verify that the thresholds set out in Article 15, points (a) and (b), of that Directive correspond to the thresholds established in the Agreement and is to, where necessary, revise them.

The thresholds laid down in Directive 2014/25/EU have been revised. In accordance with Article 68(1) of Directive 2009/81/EC, the thresholds laid down in that Directive are to be aligned to the revised thresholds laid down in Directive 2014/25/EU.

Pursuant to Article 68(1) of Directive 2009/81/EC, the Commission is also to revise the thresholds laid down in Article 8 of that Directive at the same time as thresholds laid down in Directive 2004/17/EC of the European Parliament and of the Council (5) are revised. Article 17(1) of Directive 2014/25/EU, which repealed Directive 2004/17/EC, requires that every two years the Commission revise the thresholds with the effect from 1 January. Hence, the thresholds for the years 2022–2023 should apply as of 1 January 2022.

Directive 2009/81/EC should therefore be amended accordingly,

in point (a), ‘EUR 428 000’ is replaced by ‘EUR 431 000’;

in point (b), ‘EUR 5 350 000’ is replaced by ‘EUR 5 382 000’.