Commission Regulation (EC) No 1874/2004 of 28 October 2004 amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contractsText with EEA relevance
Date: 2004-10-28
Institutions: European Commission
Subjects: award of contract, postal service, public contract, services contract, supplies contract, transport policy, water, works contract

29.10.2004

EN

Official Journal of the European Union

L 326/17

COMMISSION REGULATION (EC) No 1874/2004

of 28 October 2004

amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in
respect of their application thresholds for the procedures for the award of contracts

(Text with EEA relevance)

the Advisory Committee for Public

Article 1

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2004/17/EC of
the European
Parliament and of the Council of 31 March 2004 coordinating
the procurement procedures of entities operating in the water,
energy, transport and postal services sectors (1), and in particular
Article 69 thereof,

Having regard to Directive 2004/18/EC of
the European
Parliament and of the Council of 31 March 2004 on the coor-
dination of procedures for the award of public works contracts,
public supply contracts and public service contracts (2), and in
particular Article 78 thereof,

After consultation of
Contracts,

Whereas:

(1)

(2)

By Decision 94/800/EC of 22 December 1994
concerning the conclusion on behalf of the European
Community, as regards matters within its competence,
of the agreements reached in the Uruguay Round multi-
lateral negotiations (1986-1994) (3) the Council approved
the Agreement on government procurement, hereinafter
referred to as ‘the Agreement’, shown in Annex 4 to that
Decision. Under the terms of the Agreement, the rules it
lays down are to be complied with as soon as the
contracts in question reach or surpass the amounts, here-
inafter referred to as ‘thresholds’, set in the Agreement
and expressed as special drawing rights.

Directives 2004/17/EC and 2004/18/EC have as one of
their objectives the goal of allowing the contracting
entities and the contracting authorities which apply
them to comply at the same time with the obligations
laid down in the Agreement. To achieve this,
the
Commission must check the thresholds laid down by
the Directives
relates and,
to which the Agreement
where necessary, revise them upwards or downwards
so as
they correspond to the euro
equivalents, rounded down to the nearest thousand, of
the thresholds set in the Agreement. The values of the
thresholds under the Directives are not the same as the
values of
the thresholds under the Agreement, recal-
culated to cover the period from 1 January 2004 to
31 December 2005 (4). They should therefore be revised.

to ensure that

(1) OJ L 134, 30.4.2004, p. 1.
(2) OJ L 134, 30.4.2004, p. 114.
(3) OJ L 336, 23.12.1994, p. 1.
(4) OJ C 309, 19.12.2003, p. 14.

Furthermore, in Directives 2004/17/EC and 2004/18/EC,
in order to reduce the number of
thresholds to be
complied with, those thresholds which are independent
of the Agreement have been aligned on those which
result from it. It is therefore appropriate to revise them
as well.

(4)

The amendments do not affect the national provisions
implementing Directives 2004/17/EC and 2004/18/EC
than the thresholds
thresholds
starting from lower
specified in the Directives.

(5)

Directives 2004/17/EC and 2004/18/EC should therefore
be modified accordingly,

HAS ADOPTED THIS REGULATION:

Directive 2004/17/EC is amended as follows:

1. Article 16 is amended as follows:

(a)

in point (a), the amount ‘EUR 499 000’
‘EUR 473 000’,

is replaced by

(b) in point (b), the amount ‘EUR 6 242 000’ is replaced by

‘EUR 5 923 000’.

2. Article 61 is amended as follows:

(a)

in paragraph 1, the amount ‘EUR 499 000’ is replaced by
‘EUR 473 000’,

(b) in paragraph 2, the amount ‘EUR 499 000’ is replaced by

‘EUR 473 000’.

Article 2

Directive 2004/18/EC is amended as follows:

1. Article 7 is amended as follows:

(a)

in point (a), the amount ‘EUR 162 000’
‘EUR 154 000’,

is replaced by

(b) in point (b), the amount ‘EUR 249 000’

‘EUR 236 000’,

is replaced by

(c)

in point (c), the amount ‘EUR 6 242 000’ is replaced by
‘EUR 5 923 000’;

L 326/18

EN

Official Journal of the European Union

29.10.2004

2. The first paragraph of Article 8 is amended as follows:

(a)

in point (a), the amount ‘EUR 6 242 000’ is replaced by
‘EUR 5 923 000’,

(b) in point (b) the amount ‘EUR 249 000’

‘EUR 154 000’;

is replaced by

3. In Article 56, the amount ‘EUR 6 242 000’

‘EUR 5 923 000’;

is replaced by

(a)

in point (a), the amount ‘EUR 162 000’
‘EUR 154 000’,

is replaced by

(b) in point (b), the amount ‘EUR 249 000’

‘EUR 236 000’,

is replaced by

(c)

in point (c), the amount ‘EUR 249 000’
‘EUR 236 000’.

is replaced by

Article 3

4. In the first subparagraph of Article 63(1),

‘EUR 6 242 000’ is replaced by ‘EUR 5 923 000’;

the amount

5. Article 67(1) is amended as follows:

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 October 2004.

For the Commission

Frederik BOLKESTEIN
Member of the Commission