Commission Regulation (EC) No 1422/2007 of 4 December 2007 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: 2007-12-04
Institutions: European Commission
Subjects: award of contract, energy-generating product, postal service, public contract, transport policy, water

L 317/34

EN

Official Journal of the European Union

5.12.2007

COMMISSION REGULATION (EC) No 1422/2007

of 4 December 2007

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

comply at the same time with the obligations laid down
in the Agreement. To achieve this, the thresholds laid
down by those Directives for public contracts which
are also covered by the Agreement should be aligned
in order to ensure that they correspond to the Euro
equivalents, rounded down to the nearest thousand, of
the thresholds set out in the Agreement.

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 (1), and in particular Article
69 thereof,

(3)

For reasons of coherence, it is appropriate to align also
those
2004/17/EC and
in Directives
2004/18/EC which are not covered by the Agreement.

thresholds

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,

(4)

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

HAS ADOPTED THIS REGULATION:

the Advisory Committee for Public

Article 1

Directive 2004/17/EC is amended as follows:

After consultation of
Contracts,

Whereas:

(1)

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-
the Council
lateral negotiations
concluded the Agreement on Government Procurement
referred
(hereinafter
the Agreement). The
as
should be applied to any procurement
Agreement
the
contract with a value that
amounts (hereinafter referred to as thresholds) set
in
the Agreement and expressed as special drawing rights.

(1986 to 1994) (3)

reaches or exceeds

to

1. Article 16 is amended as follows:

(a)

in point (a), the amount ‘EUR 422 000’ is replaced by
‘EUR 412 000’,

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

‘EUR 5 150 000’.

2. Article 61 is amended as follows:

(2)

One of
the objectives of Directives 2004/17/EC and
2004/18/EC is to allow the contracting entities and the
contracting authorities which apply those Directives to

(1) OJ L 134, 30.4.2004, p. 1. Directive as last amended by Council

Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).

(2) OJ L 134, 30.4.2004, p. 114. Directive as last amended by Directive

2006/97/EC.

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

(a)

in paragraph 1, the amount ‘EUR 422 000’ is replaced
by ‘EUR 412 000’,

(b) in paragraph 2, the amount ‘EUR 422 000’ is replaced

by ‘EUR 412 000’.

5.12.2007

EN

Official Journal of the European Union

L 317/35

Article 2

Directive 2004/18/EC is amended as follows:

3.

in Article 56, the amount ‘EUR 5 278 000’ is replaced by
‘EUR 5 150 000’.

1. Article 7 is amended as follows:

4.

in the first subparagraph of Article 63(1),
‘EUR 5 278 000’ is replaced by ‘EUR 5 150 000’.

the amount

(a)

in point (a), the amount ‘EUR 137 000’ is replaced by
‘EUR 133 000’,

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

(b) in point (b), the amount ‘EUR 211 000’ is replaced by

‘EUR 206 000’,

(c)

in point (c), the amount ‘EUR 5 278 000’ is replaced by
‘EUR 5 150 000’.

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

(a)

in point (a), the amount ‘EUR 5 278 000’ is replaced by
‘EUR 5 150 000’,

(a)

in point (a), the amount ‘EUR 137 000’ is replaced by
‘EUR 133 000’,

(b) in point (b), the amount ‘EUR 211 000’ is replaced by

‘EUR 206 000’,

(c)

in point (c), the amount ‘EUR 211 000’ is replaced by
‘EUR 206 000’.

(b) in point (b), the amount ‘EUR 211 000’ is replaced by

‘EUR 206 000’.

Article 3

This Regulation shall enter into force on 1 January 2008.

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

Done at Brussels, 4 December 2007.

For the Commission

Charlie McCREEVY
Member of the Commission