Directive 2014/25/EU of the European Parliament and of the Council of 26 February... (32014L0025)
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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
- 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)
- 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
- ANNEX II
- LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 4(3)
- ANNEX III
- LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 34(3)
- A.
- Transport or distribution of gas or heat
- B.
- Production, transmission or distribution of electricity
- C.
- Production, transport or distribution of drinking water
- D.
- Contracting entities in the field of rail services
- E.
- Contracting entities in the field of urban railway, tramway, trolleybus or motor bus services
- F.
- Contracting entities in the field of postal services
- G.
- Extraction of oil or gas
- H.
- Exploration for and extraction of coal or other solid fuels
- I.
- Contracting entities in the field of seaport or inlandportor other terminal equipment
- J.
- Contracting entities in the field of airport installations
- ANNEX IV
- DEADLINES FOR THE ADOPTION OF THE IMPLEMENTING ACTS REFERRED TO IN ARTICLE 35
- ANNEX V
- REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS TO PARTICIPATE, APPLICATIONS FOR QUALIFICATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
- ANNEX VI
- PART A
- INFORMATION TO BE INCLUDED IN THE PERIODIC INDICATIVE NOTICE
- (as referred to in Article 67)
- I.
- Information to be included in all cases
- II.
- Additional information to be supplied where the notice is used as a means of calling for competition or permits the reduction of the time limits for the receipt of tenders (article 67(2))
- PART B
- INFORMATION TO BE INCLUDED IN NOTICES OF PUBLICATION OF A PERIODIC INDICATIVE NOTICE ON A BUYER PROFILE NOT USED AS A MEANS OF CALLING FOR COMPETITION
- (as referred to in Article 67(1))
- ANNEX VII
- INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 53(4))
- ANNEX VIII
- DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
- ANNEX IX
- FEATURES CONCERNING PUBLICATION
- 1.
- Publication of notices
- 2.
- Publication of complementary or additional information
- 3.
- Format and procedures for the electronic transmission of notices
- ANNEX X
- INFORMATION TO BE INCLUDED IN THE NOTICE ON THE EXISTENCE OF A QUALIFICATION SYSTEM
- (as referred to in point (b) of Article 44(4) and in Article 68)
- ANNEX XI
- INFORMATION TO BE INCLUDED IN CONTRACT NOTICES
- (as referred to in Article 69)
- A. OPEN PROCEDURES
- B. RESTRICTED PROCEDURES
- C. NEGOTIATED PROCEDURES
- ANNEX XII
- INFORMATION TO BE INCLUDED IN THE CONTRACT AWARD NOTICE
- (as referred to in Article 70)
- I.
- Information for publication in the
- Official Journal of the European Union
- (1)
- II.
- Information not intended for publication
- ANNEX XIII
- CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, PARTICIPATE IN THE DIALOGUE, TO NEGOTIATE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 74
- ANNEX XIV
- LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 36(2)
- ANNEX XV
- LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 83(3)
- ANNEX XVI
- INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM
- (as referred to in Article 89(1)
- ANNEX XVII
- ANNEX XVIII
- INFORMATION TO BE INCLUDED IN NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES
- (as referred to in Article 92)
- Part A
- Contract notice
- Part B
- Periodic indicative notice
- Part C
- Notice on the existence of a qualification system
- Part D
- Contract award notice
- ANNEX XIX
- INFORMATION TO BE INCLUDED IN THE DESIGN CONTEST NOTICE
- (as referred to in Article 96(1))
- ANNEX XX
- INFORMATION TO BE INCLUDED IN THE RESULTS OF DESIGN CONTEST NOTICES
- (as referred to in Article 96(1))
- ANNEX XXI
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