Directive 2005/75/EC of the European Parliament and of the Council of  16 November 2005  correcting Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
Date: 2005-11-16
Institutions: Council of the European Union, European Parliament
Subjects: award of contract, public contract, services contract, supplies contract, works contract

9.12.2005

EN

Official Journal of the European Union

L 323/55

DIRECTIVE 2005/75/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 November 2005

correcting Directive 2004/18/EC 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 Articles 55
and 95 thereof,

(3) Owing to a clerical error, Article 78 of Directive 2004/
18/EC does not currently guarantee the desired align-
ment. Points (b) and (c) of Article 78(2) should therefore
be corrected by moving the reference to point (b) of the
first paragraph of Article 8 from Article 78(2)(b) to
Article 78(2)(c),

Having regard to the proposal from the Commission,

HAVE ADOPTED THIS DIRECTIVE:

Having regard to the opinion of the European Economic and
Social Committee (1), After consulting the Committee of the
Regions,

After consulting the Committee of the Regions,

Article 1

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

In Article 78(2) of Directive 2004/18/EC, points (b) and (c)
shall be replaced by the following:

Whereas:

(1) The threshold applying to contracts for certain services
subsidised by more than 50 % should remain aligned
with the threshold applying to service contracts awarded
by contracting authorities other than central govern-
mental authorities, as had been intended to be provided
for with the adoption of 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 (3).

(2) This alignment should also be guaranteed within the
framework of the revision of the thresholds provided for
in Article 78 of Directive 2004/18/EC.

(1) Opinion of 28 September 2005 (not yet published in the

Official Journal).

(2) Opinion of the European Parliament of 27 September 2005
(not yet published in the Official Journal) and Council Decision
of 14 November 2005.

(3) OJ L 134, 30.4.2004, p. 114. Directive as amended by
Commission Regulation (EC) No 1874/2004 (OJ L 326,
29.10.2004, p. 17).

‘(b)

the threshold established in Article 67(1)(a) on the
revised threshold applying to public service contracts
awarded by the contracting authorities referred to in
Annex IV;

(c)

the thresholds established in (b) of the first subparagraph
of Article 8 and in Article 67(1)(b) and (c) on the revised
threshold applying to public service contracts awarded
by contracting authorities other than those referred to in
Annex IV.’

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 January 2006.

L 323/56

EN

Official Journal of the European Union

9.12.2005

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 3

This Directive shall enter
publication in the Official Journal of the European Union.

into force on the day of

its

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 16 November 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
Bach of LUTTERWORTH