Commission Regulation (EC) No 2083/2005 of  19 December 2005  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)
Date: 2005-12-19
Institutions: European Commission
Subjects: award of contract, postal service, public contract, services contract, supplies contract, transport policy, water, works contract

L 333/28

EN

Official Journal of the European Union

20.12.2005

COMMISSION REGULATION (EC) No 2083/2005

of 19 December 2005

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 COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

the Advisory Committee for Public

to ensure that

they correspond to the euro
so as
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 2006 to
31 December 2007. They should therefore be revised.

Furthermore, in Directives 2004/17/EC and 2004/18/EC,
thresholds to be
in order to reduce the number of
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.

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.

(3)

(4)

Whereas:

(5)

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

(1)

(2)

the agreements

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
reached in the Uruguay Round
multilateral negotiations (1986 to 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
as
surpass
‘thresholds’, set
in the Agreement and expressed as
special drawing rights.

hereinafter

amounts,

referred

the

to

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

HAS ADOPTED THIS REGULATION:

Article 1

Directive 2004/17/EC is amended as follows:

1. Article 16 is amended as follows:

(a)

in point (a), the amount ‘EUR 473 000’ is replaced by
‘EUR 422 000’;

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

‘EUR 5 278 000’.

2. Article 61 is amended as follows:

(1) OJ L 134, 30.4.2004, p. 1, corrected by OJ L 358, 3.12.2004.
Directive as last amended by Commission Directive 2005/51/EC
(OJ L 257, 1.10.2005, p. 127).

(2) OJ L 134, 30.4.2004, p. 114, corrected by OJ L 351, 26.11.2004.
Directive as last amended by Commission Directive 2005/75/EC
(OJ L 323, 9.12.2005, p. 55).

(3) OJ L 336, 23.12.1994, p. 1.

(a)

in paragraph 1, the amount ‘EUR 473 000’ is replaced
by ‘EUR 422 000’;

(b) in paragraph 2, the amount ‘EUR 473 000’ is replaced

by ‘EUR 422 000’.

20.12.2005

EN

Official Journal of the European Union

L 333/29

Article 2

Directive 2004/18/EC is amended as follows:

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

‘EUR 5 923 000’ is replaced by ‘EUR 5 278 000’.

the amount

1. Article 7 is amended as follows:

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

(a)

in point (a), the amount ‘EUR 154 000’ is replaced by
‘EUR 137 000’;

(a)

in point (a), the amount ‘EUR 154 000’ is replaced by
‘EUR 137 000’;

(b) in point (b), the amount ‘EUR 236 000’ is replaced by

‘EUR 211 000’;

(b) in point (b), the amount ‘EUR 236 000’ is replaced by

‘EUR 211 000’;

(c)

in point (c), the amount ‘EUR 5 923 000’ is replaced by
‘EUR 5 278 000’.

(c)

in point (c), the amount ‘EUR 236 000’ is replaced by
‘EUR 211 000’.

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

Article 3

(a)

in point (a), the amount ‘EUR 5 923 000’ is replaced by
‘EUR 5 278 000’;

Commission Regulation (EC) No 1874/2004 (1) shall hereby be
repealed from 1 January 2006.

(b) in point (b) the amount ‘EUR 154 000’ is replaced by

‘EUR 211 000’.

References to the repealed Regulation shall be construed as
references to this Regulation.

3. In Article 56, the amount ‘EUR 5 923 000’ is replaced by

‘EUR 5 278 000’.

Article 4

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

Charlie McCREEVY
Member of the Commission

(1) OJ L 326, 29.10.2004, p. 17.