Directive 2004/18 - Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts - Main contents
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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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/18 |
| Original proposal | COM(2000)275  |
| CELEX number i | 32004L0018 |
| Document | 31-03-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; Special edition in Romanian: Chapter 06 Volume 008,Special edition in Czech: Chapter 06 Volume 007,Special edition in Lithuanian: Chapter 06 Volume 007,Special edition in Latvian: Chapter 06 Volume 007,Special edition in Estonian: Chapter 06 Volume 007,Special edition in Polish: Chapter 06 Volume 007,Special edition in Slovak: Chapter 06 Volume 007,OJ L 134, 30.4.2004,Special edition in Croatian: Chapter 06 Volume 001,Special edition in Bulgarian: Chapter 06 Volume 008,Special edition in Hungarian: Chapter 06 Volume 007,Special edition in Slovenian: Chapter 06 Volume 007,Special edition in Maltese: Chapter 06 Volume 007 |
| Effect | 30-04-2004; Entry into force Date pub. See Art 83 |
| End of validity | 18-04-2016; Repealed by 32014L0024 |
| Transposition | 31-01-2006; At the latest See Art 80 |
30.4.2004 |
EN |
Official Journal of the European Union |
L 134/114 |
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 47(2) and Article 55 and Article 95 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (4), in the light of the joint text approved by the Conciliation Committee on 9 December 2003,
Whereas:
(1) |
On the occasion of new amendments being made to Council Directives 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (5), 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (6) and 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (7), which are necessary to meet requests for simplification and modernisation made by contracting authorities and economic operators alike in their responses to the Green Paper adopted by the Commission on 27 November 1996, the Directives should, in the interests of clarity, be recast. This Directive is based on Court of Justice case-law, in particular case-law on award criteria, which clarifies the possibilities for the contracting authorities to meet the needs of the public concerned, including in the environmental and/or social area, provided that such criteria are linked to the subject-matter of the contract, do not confer an unrestricted freedom of choice on the contracting authority, are expressly mentioned and comply with the fundamental principles mentioned in recital 2. |
(2) |
The award of contracts concluded in the Member States on behalf of the State, regional or local authorities and other bodies governed by public law entities, is subject to the respect of the principles of the Treaty and in particular to the principle of freedom of movement of goods, the principle of freedom of establishment and the principle of freedom to provide services and to the principles deriving therefrom, such as the principle of equal treatment, the principle of non-discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency. However, for public contracts above a certain value, it is advisable to draw up provisions of Community coordination of national procedures for the award of such contracts which are based on these principles so as to ensure the effects of them and to guarantee the opening-up of public procurement to competition. These coordinating provisions should therefore be interpreted in accordance with both the aforementioned rules and principles and other rules of the Treaty. |
(3) |
Such coordinating provisions should comply as far as possible with current procedures and practices in each of the Member States. |
(4) |
Member States should ensure that the participation of a body governed by public law as a tenderer in a procedure for the award of a public contract does not cause any distortion of competition in relation to private tenderers. |
(5) |
Under Article 6 of the Treaty, environmental protection requirements are to be integrated into the definition and implementation of the Community policies and activities referred to in Article 3 of that Treaty, in particular with a view to promoting sustainable development. This Directive therefore clarifies how the contracting authorities may... |
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